BOBBY ]INDAL

GOVERNOR 

## HECEIVEO ··· 6PDL 

## AIR Pl.ANNING SEC.

13 DEC 16 

## PH 6• .PJ!GGY 

### M. HATCH



### . Ulf SECRETARY

# ~tate 

# of JLouisiana

DEPARTMENT OF ENVIRONMENTAL QUALITY



### OFFICE OF 

## THE SECRETARY



## Mr. Ron Curry, Administrator
US EPA, Region 6 (6RA)

1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

RE: 2008-20 I 0 Volatile Organic Compounds Rule SIP Revision

Dear 

## Mr. Curry;

The State of Louisiana has approved and is submitting the 2008-20 I 0 Volatile Organic · Compounds Rule revisions to the State Implementation Plan (SIP). This SIP submittal incorporates revisions to the Louisiana Administrative Code (LAC) during the years 2008 through 20 I 0. ·

Please contact the planning staff through Vivian Aucoin, at (225) 219-3389 or at vivian.aucoin@la.gov if you have any questions.

Date:

· Enclosure

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

# Louisiana State Implementation Plan Revision

2008-2010 Volatile Organic Compounds Rule

SIP Revision

Submitted to:

EPA Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

Final July 2013

### TABLE OF CONTENTS

VOC RULE SIP 2008-2010
STATE IMPLEMENTATION PLAN

OVERVIEW ......................................................................................................................

................................. 1
PURPOSE
AUTHORITY

SUMMARY OF RULES PROMULGATED ..................................................................................................

... 2

APPENDIX A – FINAL REVISED REGULATIONS

AQ 291 ....................................... (LAC 33:III.2132) ............................................................. ................ 6 AQ 294 ............................... (LAC 33:III.523,2107,2108) ............................................................

....... 37 AQ 309 ........................................ LAC 33:III.2131 ..............................................................

.............. 69 AQ 312 ........................................ LAC 33:III.2103 ..............................................................

.............. 96 MM005* .............. (LAC 33.III.111, 2121,2125,2145,2147,2201) ................................................... 124

APPENDIX B – PUBLIC PARTICIPATION

Public Notice ................................................................................................................. ..................... 169
Public Comments & Re sponses to Comments ................................................................................... 17 1



### * This rule includes Parts of the Louisiana Administrative Code that are not applicable to air quality; the sections that are pertinent to this proposed SIP are listed above.

### OVERVIEW

PURPOSE

This proposed State Implementation Pl an (SIP) revision in corporates rules promulgated in the Louisiana Administrative Code (LAC) during 2008 - 2010. The submittal includes revisions to regulations in LAC 33:III.Chapters 1, 5, 21, and 22.
Submittal of this SIP revision to the Envir onmental Protection Agency fulfills an air quality planning commitment in the Performance Partnership Grant.

AUTHORITY

Revisions or adoptions to the Air Qual ity rules and regulations are made in
accordance with Louisiana R. S. 30:2019. The SIP revision is submitted in accordance with 40 Code of Federal Regulations (CFR ) Part 51 Appendix V and policy established by EPA.

# SUMMARY OF
RULES PROMULGATED

# This page intentionally
left blankSUMMARY OF RULES PROMULGATED IN 2008-2010

LAC 33:III Louisiana Register Citation Description Comments
§2132 November 2008
LR 34:2397 AQ 291 Stage II Vapor Recovery Systems for Control of Vehicle Refueling
Emissions at Gasoline Dispensing Facilities The proposed rule would provi de an exemption from Stage II vapor recovery requirements for facilities used exclusively for the initial fueling and/or refueling of vehicles equipped with onboard refueling vapor recovery (ORVR) equipment. §523 September 2008
LR 34:1903 AQ 294 Revisions to Performance Testing Notifications and Report Submittals This rule will amend the timeframes in the regulations so that all reports are due 60 days after the completion of testing. §2107 September 2008
LR 34:1903 AQ 294 Revisions to Performance Testing Notifications and Report Submittals This rule will amend the timeframes in the regulations so that all reports are due 60 days after the completion of testing. §2108 September 2008
LR 34:1903 AQ 294 Revisions to Performance Testing Notifications and Report Submittals This rule will amend the timeframes in the regulations so that all reports are due 60 days after the completion of testing. §2131 July 2010
LR 36: AQ 309 Gasoline Handling This Rule will make the Louisiana Administrative Code at least as stringent in the gasoline handling area as the federal regulations. The basis and rationale for this rule are to mirror the federal regulations. §2103 October 2010
LR 36: AQ 312 Exemption for Tanks Storing Corrosive
Materials This Rule exempts tanks storing corrosive materials at the Rhodia, Inc. Baton Rouge facility from the "submerged fill pipe" provisions of LAC 33:III.2103.A and B. Existing tanks are currently operating under Permit No. 0840- 00033-V2, issued November 30, 2009. §111 January 2008
LR 34:70
MM 005 Amendments and
Corrections This rule corrects outline numbering and wording errors that have been discovered in the Title 33, Environmental Quality regulations. §2121 January 2008
LR 34:70
MM 005 Amendments and
Corrections This rule corrects outline numbering and wording errors that have been discovered in the Title 33, Environmental Quality regulations. §2125 January 2008
LR 34:70
MM 005 Amendments and
Corrections This rule corrects outline numbering and wording errors that have been discovered in the Title 33, Environmental Quality regulations. §2145 January 2008
LR 34:70
MM 005 Amendments and
Corrections This rule corrects outline numbering and wording errors that have been discovered in the Title 33, Environmental Quality regulations. §2147 January 2008
LR 34:70
MM 005 Amendments and
Corrections This rule corrects outline numbering and wording errors that have been discovered in the Title 33, Environmental Quality regulations. §2201 January 2008
LR 34:70
MM 005 Amendments and
Corrections This rule corrects outline numbering and wording errors that have been discovered in the Title 33, Environmental Quality regulations.

# This page intentionally
left blank

# LAC 33:III.2132

# This page intentionally
left blankLouisiana Register Vol. 34, No. 11 November 20, 2008 2397 32:830 (May 2006), LR 34:629 (April 2008), LR 34:1898 (September 2008), LR 34:2396 (November 2008).

Herman Robinson, CPM
Executive Counsel

0811#017

RULE

Department of Envi ronmental Quality Office of the Secretary Legal Affairs Division

Stage II Vapor Recovery (LAC 33:III.2132)(AQ291)

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Air regulations, LAC 33:III.2132 (Log #AQ291).

The Rule provides an exemption from Stage II vapor recovery requirements for dispensers used exclusively for the initial fueling and/or refueling of vehicles equipped with onboard refueling vapor recovery (ORVR) equipment. Refueling emissions are captured via vehicle ORVR equipment instead of the dispenser. This Rule enables E85 (85 percent ethanol and 15 percent gasoline) fuel pumps to operate and dispense E85 fuel within the parishes of Ascension, East Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge. Louisiana's Stage II vapor recovery rule requires California Air Resource Board (CARB) certification or equivalent for gasoline dispensing units in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge. However, at this time there is no CARB certification available for E85 units. These E85 dispensers are used exclusively to dispense fuel to E85-capable vehicles, which are equipped with ORVR equipment. The ORVR systems are considered to be as efficient as Stage II vapor recovery equipment in reducing emissions from fueling and refueling. Since the majority, if not all, of the E85-capable vehicles have ORVR, the EPA via its December 12, 2006, guidance memo to regional air directors allows states flexibility for exempting E85 pumps from Stage II requirements. Additionally, this Rule exempts vehicle manufacturing and rental car facilities where dispensers are used solely for fueling vehicles equipped with ORVR. This Rule is also a revision to the Louisiana State Implementation Plan for air quality. The basis and rationale for this Rule are to prevent the unnecessary expense of complying with Stage II requirements when emissions that would be vented to the atmosphere are captured via vehicle ORVR instead of the Stage II dispenser. 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. Title 33 ENVIRONMENTAL QUALITY
Part III. Air Chapter 21. Control of Emission of Organic Compounds Subchapter F. Gasoline Handling §2132. Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities

A. - B.7. ...

8. Exemption. Any segregated motor vehicle fuel dispensing system used exclus ively for the fueling and/or refueling of vehicles equipped with onboard refueling vapor recovery equipment (e.g., initial fueling of new vehicles at automobile assembly plants, refu eling of rental cars at rental car facilities, and refueling of flexible fuel vehicles at E85 dispensing pumps), located at a facility subject to this regulation, is exempt from the requirements in Paragraphs

B.5 and 6 of this Section



### . 9. Upon request by the Department of Environmental Quality, the owner or operator of a facility that claims to be exempt from the requirements of this Section shall submit supporting records to the Office of Environmental Assessment within 30 calendar days from the date of the request. The Department of Environmental Quality shall make a final determination regarding the exemption status of a facility.

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

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 18:1254 (November 1992), repromulgated LR 19:46 (January 1993), amended LR 23:1682 (December 1997), LR 24:25 (January 1998), amended by the
Office of Environmental Assessm ent, Environmental Planning Division, LR 26:2453 (November 2000), LR 29:558 (April 2003), amended by the Office of the Secr etary, Legal Affairs Division, LR 31:2440 (October 2005), LR 33:2086 (October 2007), LR 34:1890 (September 2008), LR 34:2397 (November 2008).

Herman Robinson, CPM
Executive Counsel

0811#016

RULE

Office of the Governor
Board of Certified Public Accountants

Annual Renewals of CPA Certificate,

Inactive Status, and Firm Permits

(LAC 46:XIX.1105 and 1501)

In accordance with the applicable provisions of the Administrative Procedure Act, R.S. 49:950 et seq. and of the Louisiana Accountancy Act, R.S. 37:74, the Board of
Certified Public Accountants of Louisiana has amended LAC 46:XIX:1105 and 1501. The objective of this action is to provide for renewal of licenses and registrations of CPAs**~ ··.:~**  

# Acv27/ ORIGINAL-v

STATE OF LOUISIANA

DEPARTMENT OF ENVIRONMENTAL QUALITY

IN RE:

STAGE II VAPOR RECOVERY LAC 33:III.2132

LOG #:

.PUBLIC HEARING

The Public Hearing held by the Department of

Environmental Quality, Regulation

Development Section, at the Galvez Building,

Oliver Pollock Conference Room, 602 N. Fifth

Street, Baton Rouge, Louisiana, beginning at

1:40 p.m., on September 25, 2008.

BEFORE: 

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



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

## .RECEIVED



# OCT 0 0 2008

LDEQ/OSEC/LAD R[fiUIJ\'fiON DEVELOPMENT SECTION.. · 

### \.. 

### DEPARTMENT OF ENVIRONMENTAL QUALITY



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

FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY:



## Efrem Owens Hearing Officer

Department of Environmental Quality Legal Affairs Division, 8th Floor Regulation Development 602 N. Fifth Street Baton Rouge, Louisiana 70802



# * * * * * 2



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

### DEPARTMENT OF ENVIRONMENTAL QUALITY



## I N D E X



## EXAMINATION:

None



## EXHIBITS:

None



## REPORTER'S PAGE

REPORTER'S CERTIFICATE



# * * * * *

ASSOCIATED REPORTERS, INC. 

## PAGE(S) 3



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# * * * * *

MR. OWENS:



## Good afternoon! My name is Efrem

Owens, and I'm employed by the Louisiana

Department of Environmental Quality.

I'll be serving as hearing officer**thi~**


## afternoon to receive comments regarding

proposed amendments to the Environmental

Quality regulations.

The comment period for these amendments

began on August 20, 2008, when the notice

of intent was published in the 

## Louisiana

Register. The comment period will close

at 4:30p.m., today, September 25, 2008,

for the Log Numbers RP048ft and RP050ft,

and at 4:30p.m., October 2, 2008, for

the Log Numbers AQ286, AQ291, and 08077.

It would be helpful to us i£ ·all oral

comments received today were followed up

in writing.

This public hearing provides a forum

f6r all interested parties to present

comments on the proposed· changes. This**hearin~ is-~ot** **b~ing** 

## doriducted in a

question and answer format. Please 4



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### DEPARTMENT OF ENVIRONMENTAL QUALITY



## 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 second amendment is designated

by the Log**Nu~ber** 

## AQ291.

The proposed rule will provide an

exemption from Stage II vapor recovery

requirements for dispensers used

exclusively for the initial fueling

and/or refueling of vehicles equipped

with onboard refueling vapor recovery

(ORVR) equipment. Refueling emissions

are captured via vehicle ORVR equipment

instead of the dispenser.

T hi s ru l e w i ll e n a b l e E 8 5 ( 8 5

percent ethanol and 15 percent gasoline)

fuel pumps to operate and dispense E85

fuel within the parishes of Ascension,

East Baton Rouge, Iberville, Livingston,

Pointe Coupee, and West Baton Rouge. 5



### ASSOCIATED REPORTERS, INC. (225) 216-2036**~--~·** \

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## Louisiana's Stage II vapor recovery rule

requires California Air Resource Board

(CARB) certification or equivalent for

gasoline dispensing units in the parishes

of Ascension, East Baton Rouge,

Iberville, Livingston, Pointe Coupee, and

West Baton Rouge. However, at this time

there is no CARB certification available

for E85 units. These E85 dispensers are

used exclusively to dispense fuel to E85-

capable vehicles, which are equipped with

ORVR equipment. The ORVR systems are

considered to be as efficient as Stage II

vapor recovery equipment in reducing

emissions from fueling and refueling.

Since the majority, if not all, of the

E85-capable vehicles have ORVR, the EPA

via its December 12, 2006, guidance memo

to regional air directors allows states

flexibility for exempting E85 pumps from

Stage II requirements. Additionally,

this rule will exempt vehicle

manufacturing and rental car facilities

where**disp~n~er~-~i~** 

## used solely for

fueling vehicles equipped with ORVR. 6

ASSOCIATED REPORTERS, INC. (225) 216-2036

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### DEPARTMENT OF ENVIRONMENTAL QUALITY



## We have no one signed up to comment

on this regulation, would anyone care to?

If not, the hearing on AQ291 is

closed.

Thank you for your attention and·

participation.

This hearing is closed.

THE HEARING CONCLUDED AT 1:42 P.M.



# * * * * * 7

ASSOCIATED REPORTERS, INC. 

### (225) 216-2036

### DEPARTMENT OF ENVIRONMENTAL QUALITY

R E P 0 R T E R 

# s P A G E 1

2 

## I, Lori B. Overland, Certified Court

3 Reporter, in and for the State of Louisiana,

4 the officer, as defined in Rule 28 of the

5 Fe de r a 1 R u 1 e s '0 

## f C i v 

## i 1 P r o c e d u r e and 

## I o r

.

6 Article 1434 (b) of the Louisiana code of

7 Civil Procedure, before whom this sworn

8 testimony was taken, do hereby state on the

9 Record

10 

## That due to the interaction in the

11 spontaneous discourse of this proceeding,

12 dashes (--) have been used to indicate

13 pauses, changes in thought, and/or talk

14 overs; that same is the proper method for a

15 Court Reporters's transcription of

16 proceeding, and that the dashes (--) do not

17 indicated that words or phrases have been

18 left out of this transcript;

19 That any words and/or names which could

20 not be verified through reference materia

21 have been denoted with the phrase

22

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### 24

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## "(inaudible)." 8



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## C E R T I F I C A T I 0 N

I, the undersigned reporter, do hereby

certify that the above and foregoing is a

true and correct transcription of the

stenomask tape of the proceedings had

herein, taken down by me and transcribed

under my supervision, to the best of my

ability and understanding, at the time and

place hereinbefore noted, in the above

entitled cause.

I further certify that the witness was

duly sworn by m·e in my capacity as a

Certified Court Reporter pursuant to the

provisions of R.S. 37:2551 et seq. in and

for the state of Louisiana; that I am not of

counsel nor related to any of the counsel of

any of the parties, nor in the employ of any

of the parties, and that I have no interest

in the outcome of this action.

I further certify that my license is in

good standing as a court reporter in and for

the state of

Lori 9

ASSOCIATED REPORTERS, INC. (225) 216-2036**r---~--:-~c·:~·~~-==~~=- ~---=c**  

# CERTIFIE:D:**co~p·y** J

# ~~**RECE~VED** 

## AUG 

## 2. 

# 5 2008

LDEO/OS EC/LAD REGULATION DEVELOPMENT SECTION

3800 HOWARD AVENUE, NEW ORLEANS, LOUISIANA 70140-1097 TELEPHONE (504) 826-3206

NOTICE OF INTENT

Department of Environmental QualitY Office of the Secretary Legal Affairs Division

Stage II Vapor Recovery (LAC 33:111.2132} (AQ291}

Under the authoritY of the Envl· ronmental QualitY Act. R.S. 30:2001 et seQ., and In accord·

ance with the provisions af the Administrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaklng procedures have been Initiated to amend the Air regulations, LAC 33:111.2132 iLog #AQ291}. This proposed rule has no known Impact on familY formation, sta· blllty, and autonomy as descrl· bed In R.S. 49:972.

A public hearing will be held on September 25, 2008, at 1:30 p.m. In the Galvez Building, Oliver Pol· lock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. The hearing will also be for the revision to the State lm· plementatlon Plan (SIP} to lncor· porate this proposed rule. Inter· ested persons are Invited to at- tend and submit oral comments

on the proposed amendments. Should IndividualS with a dlsabll· Jty need an accommodation In order to participate, contact Ju- dith A. Schuerman, Ph.D., at the address given below or at (225} 219·3471. Two hours of free The proposed rule will provide

an exemption from Stage II va· par recovery requirements for**r~~~1~1~ f~:1r~g** **e;~~~~~i~~u~~** parking are allowed In the Jng of vehicles eoulpped with Galvez Garage with a validated

on board refueling vapor recov· parking ticket**fn~ ~~¥~~~sQ~ft~~~tu~~fu,:'l~**  All interested persons are Invited vehicle ORVR equipment Instead to submit written comments on of the dispenser. This rule will the proposed regulation. Per· enable E85 (85 percent ethanol sons commenting should refer· and 15 percent gasoline} fuel ence this proposed regulation bY pumps to operate and dispense AQ291. Such comments must be E85 fuel within the parishes of received no later than October 2, Ascension, East Baton Rouge, 2008, at 4:30 p.m., and should be lbervllle, Livingston, Pointe Cou· sent to Judith A. Schuerman, pee, and West Baton Rouge. Ph.D., Office of the Secreta!'Y, Le· Louisiana's Stage II vapor recov· ' gal Affairs Division, Box 4302, ery rule reQuires California Air Baton Rouge, LA 70821-4302 or to Resource Board (CARBl certlflca· FAX (225} 219·3398 or by e·mal/ tlon or eQuivalent for gasoline to Judlth.schuerrnan@la.gov. dispensing units In the parishes Copies of this Proposed regula· of Ascension, East Baton Rouge, tlon can be purchased bY con·**~e"e'" 11** **~~dLI~~~~~ ~afo~n~o~g~·** **~a;~~~ ~hf2f51%~~~~~8.Rec~~g~**  However, at this time there Is no or money order Is required In ad· CARB certification available for vance for each copy of AQ291. E85 units. These E85 dispensers

, This regulation Is available on

are used exclusively to dispense the lnterr:.>t at fuel to E8S·capable vehicles, www.deq.loulslana.gov/portal/t which are eoulpped with ORVR abld/1669/defau/t.aspx. equipment. The DRVR systems

are considered to be as efficient

as Stage II vapor recovery eQuip- ment In reducing emissions from fueling and refueling. Since the maiorlty, If not all, of the E85· capable vehicles have ORVR. the EPA via Its December 12, 2006, guidance memo to regional air directors allows states flexibility for exempting E85 pumps from Stage II requirements. Addition· ally, this rule will exempt vehicle manufacturing and rental car fa- cllltles where dispensers are used solely for fueling vehicles equipped with ORVR. This rule Is also being proposed as a revi- sion to the Louisiana State Im- Plementation Plan for air oualltY. The basis and rationale for this rule are to prevent the unneces- sary expense of complying with Stage II requirements when emissions that would be vented· to the atmosphere are captured via vehicle ORVR Instead of_ the Stage II dispenser. This pro· posed 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 soclaVeconomlc costs Is re- Quired. This proposed regulation Is available for Inspection at the following DEQ office locations from 8 a.m·. until 4:30 p.m.: 602 N. Fifth Street Baton Rouge, LA · 70802; 1823 Highway 546, West' Monroe, LA 71292; State Offtce Building, 1S25 Fa/rt/eld Avenue, Shreveport, LA 71101; 1301 Gad· wall Street, Lake Charles, LA 70615; 111 New center Drive, La· fayette, LA 70508; 110 Barataria Street Lockport, LA 70374; 645 N. Lotus Drive, Suite C, Mandeville, LA704n

Herman Robinson, CPM

Executive Counsel



### I attest that the copy attached hereto as "Exhibit A" is a true and correct copy of the advertisement published in The

Times Picayune on these dates. State of Louisiana

Parish of Orleans

City ofNew Orleans

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

### J. Chiasson who deposes and

says that he is the Accounts Receivable Manager, of The Times-Picayune Publishing Corporation, a Louisiana Corporation, Publishers of The Times-Picayune, Daily and Sunday, of general circulation; doing business in the City
ofNew Orleans and the State of Louisiana, and that the

attached LEGAL NOTICE

Re:Notice of Intent Department ofEnvironmetnal Quality Stage II Vapor Recovery (LAC 33:ill.2132) AQ291

Advertisement of Office ofEnvironmental Quality

P.O. BOX 4333

Baton Rouge, La. 70821

Was published in The Times Picayune

3800 Howard Ave.

New Orleans, La. 70125

On the following dates August 20, 2008

# Y!J2

# ~ /

.**~** - 

# L;£t · ·

Sworn to and

## subscribed~ 20th Dayof Au ust

My commission expires at my death.

Charles A. Ferguson, Jr.

Notary identification number 23492fNdTICE O"P'ItiJ"tE"Iili 

### I·

loepadinent 

### of i

!Environmental Quality! IDffice·:of the. Secretary

1 .**\Leg~I··'Affairs** 'Division. : 

### ! 'stage

.. :;·, 

### i· l,lapor 

# l

Recovery··.

1 I< LAC. 33:111.2132) I(AQ291') .· I

. .**~** : ·

. U.nderthe author I 

## tv ·ot·'the· Envlronmen·

c

# gwJsi~iWl~~~gi;i~.

:provisions of the. AcH· \ministrative: Procedure! !Act, R.S. 49:950· et seq.!**~he** secretary gives noi**~ice** that rulema}<ing. !procedures have ·been**i~·nitiated** to amend tlie.

ir regulations, LAO 3:1:1L2132

. (Logj

. AQ2?1l. 

### I



# !

ule

# vJ;Deprovig;oJ>~~~~~· mption from Stage II apor

. recovery re ulrements for dis •
ensers used exclu

1 ively for the Initial**fu~·** ' ling and/or refuelin

. lot vehicles equippe**iwith** onboard refuelin

.

apor recovery;! ORVR) equipment. Refueling emissions

r.e captured via vehi-j**·~** . ORVR equipment,

tead of the**dispens~**

This rule will ena**~"'e** E85 (85 percen !ethanol and 15**percen~** fgasoline) fuel pump Ito operate and· dis !Pense EBS fuel withi. ''**~~he** parishes of Ascen

ion, East Bato Rouge, lberville, Uv1 ngston, Pointe\ Coupee, and West Bati**~n** Rouge.**Louisiana'~** !Stage II vapor**reco~j** lery. rule requires Cai'..J**~ornia** Air**Resourc~f** 

### I IBoard (CARB) certifi1 cation or**equivalen~ r**  _gasoline dispensing

nits in the parishes**o~** scension, East Baton! Rouge, lberville, Liv] ngst<in,**Point~** oupee, and West Bat
1J Rouge. However**~~~W~ time~!~fitfc~~ig~**  !available for. Ees· units.\**hese** E85**dispenser~**

re used exclusively toj

. ispense fuel to E85

apable vehicles
hich are**equippe~ ~ith**  ORVR equipment.

)

### ~:**co~s~~~ed ~b** **~~~ ~fficierit**  as Stage II**~a**

## 1 ;por recovery equ1p1 lment in reducing emisJ sions from fueling .an"\ Jrefue.ling.

. Since the ,majority, if not ·all,**o~ ~he**  EBS·capable vehi

, :cles have ORVR, thel !EPA via its··oecemberl**'12,** 2006, · guidance!

memo to regional**ai~**

!rectors allows state51 le;<;j_bility

............ ___**~!.]** .. 

# PROOF OF PUBLICATION

STATE OF LOUISIANA

PARISH OF CADDO 

## RECEIVED

AUG ·1 8 Z008

LDEU/OSEC/LAD REGULATION**DEV~LOPMF.NT** SECTION



### Before me, the undersigned authority, personally came and appeared

Altheas Critton personally lmown to me, Who being duly sworn, deposes and says that she is the Assistant to the

Classified Advertising Manager of The Times, and that the attached
Advertisement entitled:

NOTICE OF lliTENT Department of Environmental Quality Office of the Secretary Legal Affairs Division (AQ291)

As per copy of advertisement hereto annexed, was published 

### in

The Times on the following dates to wit:

August 14, 2008

# (Signed)--=~"-=--·-~-"""""~:::..=·· :::...:::...::-....:...=__



### Sworn to and subscribed before me this 14th day of August, 2008

DIANA W. BARBER, NOTARY PUBLIC# 6049'1
CADDO PARISH, LOUISIANA

MY COMMISSION IS FOR LIFE 

### (Notary)exempting E85 pump5l**~rom** Stage II requ ire-l iments. Additionally)**~his** rule will**exemp~** i"ehicle manufacturing ;and rental car**facili~ ~ies**  where dispensers**~re** used solely tor fuj**~ling** vehicles equippea i\1\/ith ORVR. This rule' !is also being**proposet~** !as a revision to tile !Louisiana State 1 mplej jmentation Plan for ai'.l quality. The basis and,**~ationale** for this rule;

re to prevent the un1

. oecessary expense**o~**

!CI omplying with Stage! II requiremer:Jts whet3 emissions that woula be vented to the**at~** lmosphere are capturec( jvia ·vehicle ORVR ini jstead of the Stage II; pispenser. ·This proj. posed rule meets an :exception listed in R.S.! 30:2019(0){2) and R.S.I i49:953(G) (3); there; lfore, no report**regard·~ ~nvironnm**  enta ilhea.lth! benefits

. and**~ocial/economic cost~**  Is required. I
i This proposed [Uie has no known im·! pact on family forma1**~ion,** stability, and au·'**~onomy** as described in; ;R. S. 49:972. ·. _ i , . I !

. A public hearing,

· )..,ill be held on Septem: ber 25, 2008, at 1:30 p.m. in the**Galve~** !Building, Oliver Poll ilocl< Conference Room,**~02** N. Fifth**Street~** 'Baton Rouge!

. L.A;**~0802.** The hearmg.**~I** IIi :Siso be for the reVJSJOI'Ij

·**~o** the State**lmplem~ni ~ati'o'n**  Plan (SI.Pl to**m~** corporate thiS

.. pro·: posed rule. I nterestedj
persons are invi!ed t'4 Jattend and submit**ora~** lcomments on the proJI posed amendmen!s. \Should individuals w1t11: ia disability need an ac: !commodation in order,**~o** participate,**contac.~** j,!udith A. Schuerman;. !Ph.D:, at the address( g'iven below or at (225)t !219-3471. Two hours of:**~~** ree parking are al-; lowed in the Galve2[ !Garage with a validat.;**~** parking ticket. I 

## L .All interested

### per~ lsons are**i'nvife~** to. SUb1 imit written· comments; bn 'the proposed regul liation_

. Persons co.m< !meriting should refer·! lence this proposed rego k.Jiatien ·, by AQ291.! !such comments musrlt! be received no later.!**~han** October 2; 2008,**a~** 14:30 p:ln., and**shoul~** be sent to Judith A; lschuerman, Ph.D., Ofi *ice of the Secretary;, /Legal Affairs Division;, [ Box 4302, Baton Rouge1 LA 70821-4302 or to; !FAX (225) 219•3398 oJ! !by e-mail to;**~udith.sct1Uerman@la.~** pv. Copies of !his pro 1 posed regulatiOn can: b" purchased by con, :tacting the DEQ Publid [Records Center**a~** 1(225) 219-3168. C::heck\ br money order 1s re;**~uired** in advance foJ1**~ach** copy of AQ291.; rfhis regulation iS/**~vailable** on· the lnter'l net**a~ !www.deq.lo.uisj<~n1!,9PV,.** **VP.iirta1Zt<;!~.'LiV16§.?.'l.9..~t~! i!!JJ.~2>,**  I

[ This

### propose~ !regulation i.s available;**~or** i nspect•on at 'the,**~ollowing** DEQ offiCe) ilocati'ons

.. f.rom 8 a.m.\ !until**4:~Q·p:·m.:** 602 N.! !Fifth Street, Baton: [Rouge, LA 70802; 1**82~** 'Highway 546, Wesr. Monroe, LA 71292;1 !State Office Building,. i1525 F.C)i.rfie!d.**~yenue!**

### 1 !shreveport·i LA 71101; 11301 Gadwall' S:treet). iLake ·Charles,· LAi V0615; 111 New Center! !Drive, Lafayette, L.A! !70508; 110 Baratana' Street, Lockport, LAi 70374; 645 N. Lotus: jDrive, Suite C,i Mandeville, LA 70471. i

I b" ' \Herman Ro mson;, :CP'M I [Executive Counsel

### ~he Times: !f>,t,Jgust ]4, 2008atmosi:Jhere

.. ore · ca.P- NOTICE OF' INTENT turecl-via iietiicle 'ORVR

. instead of the stage 1 1 dispenser. This pro- posed. rule meets on ex- ception ·fisted in R.S; 30:2019(DJC2l ond·R!S. 49:953(G) (3); therefore,

no repor:t regarding en-, vironmeritol/heolth · benefits and:sociol/economlc costs is required. · Department of**En~r~** ronmental Quality

. · nffice of the Secretary. 1al**Aff,,~lrs Divisio~;** 

. .o 

### Sfase 11 vaP'or' · ::

:· ··Recovery (LAC 33: II 1.2132) (AQ291)

This proposed rule has Under. the authority of no .known impact on· the. Environmental familY formation, stabliQuolity.Act, R.S. 30:2001 ity, and autonomy os de-
et seq., and in occor, scribed in R.S.49:972. donee with the provi- A public hearing will sions at the Administro- be held on ·september 25, live Procedure Act,. R.S.**··:2008~''at** 1:30 P.m. in the 49:950 et seq., the secre- Galvez Building, Oliver tory gives notice that ·pcii:J'ock': · Conference rulemaking procedures Room,,:

.. :6o2: N. Fifth have been initiated to Street, 'Baton Rouge, LA amend the Air regula- 70802. ·The hearing will lions, LAC 33:111.2132 also be tor the revision (Log#AQ291). to the

.. Stote:./mplemenThe proposed rule wiW tation.cplan·:!CS I P) to inprovide an exemption corpa·rate this proposed from Stage II vapor re- rule,;. Interested Persons i::overy requirements for are:'invited to attend and· dispensers used exclu- subiTiit'oral comments sive/y for the initial fuel- on the proposed amending and/or refueling of ments. Should individuvehicles equipp.ed with a is with a disabilitY onboard

.. refueling vapor need an accomrnodation
recovery., .;,.:: (ORVR) in order to participate, equiphien·t.·i.:Refueling contact Judith A. emissions ore. captured Schuerman, Ph.D., at vici vehicle'ORVR eqi:ij'pJ the address given below

ment instead of the dis- or:ct (22S) 219'3471. Two
pen·ser. This rule Will hou·rs of free parking enable ESS (85 percent:are allowed in the ethanol and 15 percent·.Galvez Garage With a gasoline) fliel.pu·mps to··volid·ated

. parking operate and dispense ticket. E85 fuel within the Par, All:· interested per.sons ishes QfAscension,**~ast** are.fin'\iited 'tci'·.submlf Baton Rouge,**lbervllie/]wr.itten··:'.comments·~on.** Livingston, Pointe Cou:: thelp:roposed reiiu.lation.'
pee, and West· B·aton·;;Pe.f:so'ris·'· ·commenting Rouge, Louisiona•.s:should',:.refei-ence. this Stage

.. / !.vapor recovery:: prop·osed regulation by ru' quires California;;.AQ291, Such comments A lsource Board 1 ,.must be received no (C, ,..,)·.certification or.:Jater than OCtober 2,**equival~nt:for;ga~olin.~.l2008,** at 4:30p.m., pnd**dise~nsu,g·.unltsm:tht;J,I''should** be sent to Judith

, pac1sties· of.;Ascens1on;•.:A. ·schuerman, Ph:D.,**Ecist}Biitcih~Rciuge;·fbe~~~** Office ofthe Secretary,**vill~i;,Liif,fnsstcm,;pci!ntef'** Leg a I Affairs Division, Coupee;-:and West 'Baton Box 4302, Baton Rouge, .Rol.!ge. However, at this. LA 70821-4302 or to FAX time there is no CARB (225) ·219-3398 or by certification·avoi/able· e-mail to iudith.schuerfor ESS units.**~hese** ESS man@ll),goy<i.Cppies of

. dispense·rs are· used ex- this·.'prcip·osed

.. reeulation elusively to dispens_e can·· be( purchased by fuel to**E~5-capable** veh1- contact:ing.-· the DEQ cles;which are equipped. Pubiic Records·. Genter with ORVR equipment:- at (225) 219-3168YCheck! ·.The ORV.R systeins

.. are or ·money order

.. is re- · considered to be os·em, qui red in advance for cient as.Stoge.l I ·vapor each copy of AQ29l. This
recovery eq.uipment iri. reguiation is available reducing.

,.. emissions on ···the Internet at from"fueling and·. refuel' www.deq:louisiana.gov/ ing, Since tt1e moiority, portal/tabld/1669}de- if not. all;- of: the ·EB5-ca;·.fault.aspx.

. pabJe· ··veh1cles ·have. This proposed regulaORVR, the EPA via it; tion·is available for in- ,December 12, 2006, .guid· spection at the following

·once**~emo** to**reg1o11.~!** DEQ office locations air·;o,dlrector_s o!.JowHrom 8 a.m. until 4:30
states. flex.ibillty·fore?<fp.m.: 602 N. Fifth emptmg. EBS. ;pumps Street, Baton Rouge, LA**from··stag~** .1 I**requir·~~** 70802; 1823 Highway 546, ments, .,O,ddillonolly, th1s West Monroe LA 71292; rule will exempt vehicle State Office' Building, manufacturing and 1525 Fairfield Avenue, rental cor facilities Shreveport, LA 71101; where dispensers are 1301 Gadwall Street,**use.~** solely**~or.** fueli.ng Lake Charles, LA 70615; vehicles**e~u1ppe~** With 111 New Center Drive,**O~VR.·** Th1s rule IS also· LafaYette, LA 70508; 110**b~~~~** Proposed**a~** 9 re;. Barataria Street, Lock7. VISIOn to the**LOUISI~no.** port,-d::'A;70374'f'·645.·N) State I mpleme.ntotlon. Lotus. D. rive, Suite· C!**Pia~** for o1r qu.ality

.. The: Malideville; LA 70471, bas1s and rationale fan · this '.are to Prevent: Herman· Robinson,

.. the ecessary ex- · ·CPM · penc .complying with.. Executive'Counsel Stage II. requirements:

. when einiss.icins. that Aug.14·

. ..vould .be vented.to the 00469375 

# Affidavit of Publication

STATE OF .LOUISIANA

Parish of Calcasieu 

## RECEiVED

AUG 1 8 2008

lDEQ/DSEC/LAD REGULATION DEVELOPMENT SECTJOf



### Before me the undersigned autj10Jjty, personally came and appeared

# q{~yi!!Jt~

He/She is a duly authorized agent of 

### LAKE CHARLES AMERICAN**P~SS** 

### a newspaper published daily at 4900 H1ghway 90 East,.

Lake Charles, Louisiana, 70615. (Mail address: P.O. Box 2893 Lake Charles, LA 70602)

The attached Notice was published in said newspaper in its issue(s)
dated:

00469375
-. $51.00
August 14, 2008

# cJ(at[ni£~ Duly Authorized Agent ·
Subscribed and sworn to before me on this 14th day of August, 2008 at
Lake Charles, L

00053262**LDEQ~OSEC-** 

### LAD

### RECE~VED 

# 1



# cERTIFiEDCoPY

# ]Sl~~~
.:Wv = . me • ··=--· ...• ,., --· =**··~,~~~** ·= - 

### {J. 

### fl\ 

## AUG 1 8 2008

LDEQ/OSEC/LAD REGUlATION DEVELOPMENT SECTION 

# AFFIDAVIT OF PUBLICATION

( A Correct Copy of Publication)

No

.TI

.. CE'OF.·INTEN.T

. 'e',icempting**E8~:.-pumps** . . from··.· Stage ·1u·equire-. .All interested ·'persons

· · •·"• ·.··· · ,.·

.. ,., ·· "'**m~r_ts,j, ,.,**  . .Addjjionally,.. are .invited· ;to:'submit**·''•'l-~'Depa'ftinenl':oL** · ::·:· th 1 s

.. ;,**rul~** y.vlll,, exe.mpt; · writteno:: comments, :on**Eiivironme~tai'QualitY.'.** vehicle.• manufacturing··

.**t~e** 'proposed .regula· Office· ofthii:secretar.y:

. a{Jd re.ritai .:.car ,.fqcil,ii.; t1on.· :.(. Persons•

.. :-:com- Legal Affairs.Diiiision·.:·**ties~where** dispensers menting ;•shouJd;<:refer.·


### T

# ··s:t~~i~~~~~r~:· 

# .. , ... :.

.**~r/~~&~!~;~~i~~/tr~** 

# ·**~-~~~~~~~~~:i~f.**

..**<Lf1C·33:111.~13~l;,,_,, is.~!so**  ·being :propiisecf ceived,.no .later:.th'an**•'.'}_.,_A,,_:,Q.~9 _1:••i;,_,_.'·.·**  .....• i:'',' as.-.-.a.,: revision .Jo

. the ·october 2,':2008;· at-4:30

· Lou•s•ana

.. 1 state,.lmple- p:m.; and ·should .·be Under;·tlie ·authority_': pt. nientati_on

... Pian: foh•ir, ·sent

. , to·:.\Judith: '···A. the ·, .Environmental." qual.ity;:\Jhe basis.·ani:( Schuerman; ·Ph:**D.~** Of· QualitY.:'.' Act!: ,.:. R,?.. rationale

. .for,.·.this

... rufe**•f.ic~** of:•·the"Secretary, 3 a 0 c'c2oOrola"en.**c'e·s:e_;_qw''lt~n** .. _.· 0

..**>t~2'** ·are:Jo;·P.reveritfttw ·**u·~,_** · !.:ega! Affairs ·!Division;

u '' necessary expense

.. f Box 4302/B.atim.R'ouge, prihiisions',:of

.. :the,' 'Ad;:. · · 0 l:A 70821-4302·!:: or"·to miriistratiiie :.P.rocedure.' · compiyl.ng ·with,
co· Stage. ·

. F.' .•. AX

. (_2.,25

.. )_._··.219,_3398 :·,o.r Ac

·t ·R·s· 49·95· o · · IJ..:.r.equ,lr.ements ,.,when.· b

' · " •**e}'l)i'~ions,,.that,:woula.** · y_.:-' · ·"··:e'mail•····,,,,

.. to the· secretary., gives be;,-)lente,d.: jo, tpe·

... at- i.lldittiis'chuernian@laig**tic¢,.,.th~t: ·-rul~.m~.**  . mpsphere:are.captured. .ov

... Copies•:of. lhis::pro- prdcedur.es·',_haye;:**~een** V:i!3:c:vehicle., ORVR, in-. ,P,osed·•· regulatio·n,•:·<:;an mitiated:·to·;amend the. stead,.of,..,the, Stage

.. di·· be purchased; by •.. con· · Ai'r: fe!ililatlons,:,'.LAt:;.**dispe~ser·.,;;/f.his_,.,** 

### pr'li-;**tacting~the .DEQ:.I~ubilc**  

## i

..**i.'~_li9 1** 

__**_·.-.·,:.~.(;;{,,·'_;_,L<_i~** ... 'O..g_.:

.... · pqseq,., rule,•-.meet;;: -:an.**(~~o) rc:!** **,·:~: :c** 

## 16**n,.!_,** e_r,.-:,

.... at

.. exceptjon lisled.',in R:S.,**riitp··(~p** ..**'6s~~-~fu_·tfwilf·** ao:2019.(Dl.(2l and.:R,s.. or r.rioney, ·order:

.. ... · · r · 49:953(\3)(3J;

.. ';"•there, qutred"Jn.:-advaii

....**provjde,,a(\-\ex~rlJP** !or, fore;-·nom!port -r,egard•· each ,copy;: .of:.'AQ291. frqtn**.~t.ag~:-J** I**,~aPRr** .. reti' i!ig

., ,,,, envi,r,onr.rientW This •'· ···reglilatioh· ,-,.·Is covery,;,.requ•r.e·men s h lth b fit d available;on**the;'t~ter·** fof,:disperisers used·**e~,:** !!a -'"' _ene ·

.. 5**.,~n** ,. · net

., ... , ... : :,.,

.. ,,, .. , ........ :at**cl~siveif:lor'** the., initial. :social/economic .• i·eosrs**www.d~~':louisia.na':gov** ·fueling.: and/or

.. :.refiJel; is required· · · · · IP rt · 1/t ·**b'~/1'669/d** f**i~g** .. ·of ·v"ehicl·e_s

.. ·,'_,·e·qulp"','·.·. · · ''' ·'r · .:: · 0 a**~** \u e. a .'4._;h·,:.··

... p;_;r:

.• _a'·

.. ·P·,;o'':s:';e·:,d,:r'u;_,l:e:.;:h·:·a;;,s ult aspx· ' .,." •.. , .... ·

..

### ~n~!i~:&wg:~~tref~c ...

### ~:o known·'impact··.·on Th;s

### ;~~~~J~~d;;;~~-~;~.**<qRV~L;j(~~~~** · famliy.:O:fdrm·atlcin;•sta· ·tjori is'::availabie for·in·**~reef_~c~a!•prtgui!.··<·.e"!1** tillity;' 'arid'·' auton·amy**~pection:,** af.\.ther:follow·

•· as described·-'.in'·'R.s. · in!i DEQ· office loca**~~~~~:~f**

### 1**~,9:972. ,-.~.~-·.:;**  ' ····':.·.· ttons from:**s.a.ffi~,·untii** Th . I "II !. : "' ;. ·, ·4:30 p.m:: 602:,N.,,F,'ifth er, IS .rue -WI . . . A public'.hearing· Will Street Baton

. Rouge**ble,,.;E8g,:(~~·;:ip~r~~nt,** be held on .september

.. LA**7o~b;.;:1sK** High: ethan,ot**'a~d;·15jpercenf** .... 25, 2008/•at**.1:30·p~m** .. in way 546;:west.Monroe, gasoline)**_x:fu~.l** pumps_._,.**th~':.,Gatv.ez ,..,~Building,**  tA**112~2;** :stafe.:**Offi~e** to.·**op~rate ~nd·"**  d•?• · ql!ver,;.Pollock.,Confer, Building, <]525' Fairfield·. pense,, EB5.-duel**::.'.ylt~•.n** .. ·. encEf,,;, Room '-"602 ·

. N·· Avenue;.:.: .Shi:e\iepb'rt, the**p~rJ_sh~s o~Jiscen'.''** **Fifth'.:···stre~Cc-i,Bafrin** · tA 7l.101):'1.301'Gadwaii

. s10n, East. Bat?n

,**~ouge,,L..o,.·,** 70B02

... Itie

. street;:' Lake ·'Ciiaries, )<ouge,. lbervlile,**~IY:.** ! nearing will also ,be for LA 70615· .'1'11 Nev\Pi:en· mgston, Pomte. ' the :rev.ision**·:~to** . ·the

, 'ter D'rive,"r:·Lafayejje, ·: Coupee, and West Bat- ' State·,. Implementation LA

. . 70508( :·

.. '110

on Rouge

..**Lo!eisiana'~** ·: P.lan (SIP) ·to· incorpo-**Barataria•·st~eet;'tack·** Stage II**vap~r reco~-**  ... r.ate .t,his'propo:;,e.d. rule. port, L'A":703·74;-c645 ·N. · erv.- _ru,le-**~e_gu1res** ,Cal!;

.. interested. person·s are · [,otus**:.:Drive,~c** .Suite:t.rt::,**fo~ma.,** .. _i\1r 'Reso.ur;cj!::i.invited '·to•.,attend.'iaod ·.Mandeville; L:A'7047.l 1 , ..**Bo~ri:i:.** (CARBl

..**~erllf!:\'1 ~ubmif•<n:at**  ·com'liients. ·

.. · ·' · · · · ·

## ¥;~·~~soft~~**~&P~;!r~J -~~~~ii·~~~n;;,ftWh~~tg** **~~~~~·z:-.'i3~~~~~~~~~·** 

## · un1ts**·~** the;panshes.ot,.- 1 i'ndividtials-with···a;:disa- Executive Counsel -:•,

.. :· AscensiOn,,**E~st.)~at_on** :• tilllty.; need.,,an.;•atcom- l(ouge, ,lberv•.U.e,.,**~IV;,·:,** modalion. ·in·

... or.der ·

.. to mgston, :,- :i

,, ::Pomte: ;.P?rlicipate,,contaci,.Ju-

_ .. _k. Coupee, and West Bat-:; d1th ·A •... ·Schuerman

on.**Ro~ge. H9w~v~r:·**  at,.: Ph.D., 

### :.af. the. address I hiS t1me**!her~:** IS.; nO·! given

.. iJ'eJoW oi:·.rat (225)**CA~B:,.** ,. ,ce.rt1flcat!on

. 219·3471':·, TWo 'hours ·.of aVailable for· EB5, UnitS. tree ·parking •· are 'aJ'·**T~ese_,,E85,:** .. dispenseq; ,.: lowed·· 'in ·'the·:·.· ;;·alvez**ar~·** used e)\CIUS!Vely, ·,to · C?arage with :a 'val ida!·**d1spen~~** fuel:: to

. E85; · e'd parking ticket: · capable ·

.. ·, •vehicles.- .·

. . · · whiCh are ··equipped with .ORVR equipment**~~i cb~s~~~ed:~bs~~~;-**  efficient as Stage :1 I .vai par· recovery equip·**fl)e~t i~.r.~ducing** **emi~·** s1ons fr.om

.. fueling

. and. refueling,**··:·~ince** ... ·the.**rf1aj6r.ity,._,if,~nol** aiJ, Of !He

.. E85-capabie vehi: cles have ·.ORVR,. the EPA- via its December. 12/· · .2006,,

..**·~fuidance** memo to .regional 'air directors allows .state's flexibility ·

.. for (8):'i4 

### I, Harold Constance, Classified Sales Manager

of THE TOWN TALK., published at Alexandria,

Louisiana do solemnly swear that the

Public Notice (AQ291)

advertisement, as per clipping attached, was

published in the regular and entire issue of said

newspaper, and not in any supplement thereof

for one insertion(s) commencing with the issue

dated August 14, 2008 and ending with the

issue dated August 14. 2008.

# ~ytwP4)~~·

. Subscribed and sworn to before me

this 14th day of August 2008.

## RECEiVED



# CAP IT

# A~b**l~:e~~f** PRE=\

# c~s~:~R-<I-.-:""""!::~:::\.!~:;:::::;_~~~~**·--~:~~·c~r·=~~-~)-:::~~~~~;r~t~"u~~~~;~;,~:.~~:"""** THE ADVOCATE

PROOF OF PUBLICATION

The hereto attached notice was published in THE ADVOCATE,

a daily newspaper of general circulation published in Baton Rouge, Louisiana,
and the official Journal of the State of**Louisian~**



### the City of Baton Rouge, and the Parish of East Baton Rouge, 

### in the following issues:

08/14/08

# ·.·~

Susan A.Bush, Public Notices Clerk

Sworn and subscribed before me by the

person whose signature appears above:

August 14, 2008

# Q~**Pegeen~otary** ubli

, 565 My Commission Expires:
Baton Rouge, Louisiana

DEQ

- OSEC/LAD REG

REMENDER WEATHERSPOON

PO BOX 4302

BATON ROUGE LA 70821-4314 3942076 NOTICE OF: lliTENT
Department of;.:. Environmental Quality Office of the Secretary Legal**Affair~** Division

stage II Vapor Recover-y (LAC 33:111.213Z)'(A(J291)

Under the authority of

### ~hJ.**~~~~~a\lHl."J~~e~~~~ ~1s1g~~rctan~~** **~r** the**Pft~~** 

### . Admm1strabve. · Procedure**~~re~~ry ~,~~~~··':r;;,~i~hfi~~**  ruiemakrng •

.. Rrocedures have been• :initiated to amend the Air rei'ulations,**ii~ 291** **)~3:111.213** (Log

Th,e proposed**~ule** will**~~~~~~e** 

## 1rn**v~p"g;!P~~gotr~~** requrrements for dispensers used exclusively tor the initial fueling and/or**~~~i~b~%** w9fh**~~~~~~a** refueling vapor

. recovery (ORVR/

. equipment.**~~~~~~e'lfl vi:'t~~;'S~s** **OR'!J~ a?sUJ.~:\"s~:** **tpfifia~ul~f·~~ff** enable ESS ·cas percent ethan_ol·:and 15 :.percent gasoline)· fueJ pumps to**fJeir~i~hfnn~li'e i~~~l;;lfr~l~l**  

### · Ascension;. ·East .Baton**~g~n~~· giJ~~~;** **L~~gg~~~t** Baton Rouge. :Louisiana's Stage II vapor recovery rule requires· California ·';Air**~e.source:soard** (CARBH:er·**t1f1ca~1on** o alent .for**Pnasol~'h~ ~**  \,'Ws**un'~l** Ascension,

.. . Baton**~g~n~~·** 1 g6upee;

.**anigg~~~ ~~~r~Hi~~e6'1l'i1Fl'J**  ce ·

. available .,for ESS s. 'These· E8S;'dis**pye~g~df~~~en~~~fu~f~6'.T~~§:** capable.vehiclesRwhich are**~'k';\r.~!f~:WibhR~R VM~M'~**  are**consi~enid** to be as·effi· cient as ·Stag!=. II

. vap9r**~~a~6f~~ .:~~~~~n~n\ra~** **fg~li~a "o~\l;;We~~f·** **.Iii.n~1** the**EB~-capable** vehicles have ORVR, the EPA via its December· 12, 2006, guid·

ance memo to regional air directors allows states ·flexibility for**exem~;~ting** ·. EBS pumps

.. 'from. ·stage II reHUirements;. Additionally, this rule will' exempt vehicle manufacturing and rental car. facilities where dispensers are used solely**~oruipp~~e~?t~ ORV~~i:fhi~**  r.j\e IS also being·proposed

as a·· revision to the Louisiana · ·

.. 'State Implementation Plan for air**~~f6i~~ie f~~ihii'~Jii;** **ar~~g g~~~~~~** **~r~o~~7~i~~s~~~K ~~Ps~l~h~q~~~f~J~~~h5~**  vented to the atmosP.here

are captured ·via vehicle ORVR instead of the Stage II dispenser. This". proposed rule meets an**exce~tion** listed in R.S. 30:2019 0)(2) and R.S. 49:953(G)(3); t ere·**~':iiiro~~m,;J1he'"il~rg~nn~** efits and· social/ economic costs is required. . . .

. This.f,rofeosed**fegul~tjon ~t** **r~:~f~~a"~f~~ trt8"o'¥i\g~**  locations from 8 a:m. until 4:30 p.m.: '60 Street,**~fth** 2;:1823 LAg Buildi Avenue 71101;. Lake c .f'l.e"!.

,**§~~~~~~Nt~~e** rt, LA_70374;.645 N. o us Drive,**-~~.WL ~.**  Mandeville, LA

Herma·n Robinson( CPM ·

. Executive**Co~nse** 394i076-aug 14-lt**~~~-:-:---** ..**···-···~"-~\;** 

# -r-c-·-**·""""···--=-~--.~- .**  --n="""""'_f.=: T=.:l



# ED:: 

# co 1\?Y \: 6\_

..**\~** 

# r**.b~ ;;.-=~-**  

# --**=~~~\w** t.- Acadiana•s Daily Newspaper


# THE ADVERTISER AUG 2 5 ZOOB**LDEQ/OSEC/L~D** REGULATION DEVELOPMENT SECTION

1100 Bertrand Drive 

### LAFAYETTE, LA 70506 PHONE : ( 3 3 7 ) 2 8 9 - 6 3 0 0 FAX: (337) 289-6466



## AFFIDAVIT OF PUBLICATION

· 'Remender D. Weatherspoon

... -·-·· ---.---- ·

.

LA Department of Environmental Quality OSEC/Legal Affairs Division Regulation Development Section ·· Account 

### No.:

Ad Number:
Ad Total:
No. of Lines:
Reference No.: BDEQRD

1044013 

### $97.51

223



### P. 

### 0. Box 4302
Baton Rouge, LA 70821-4302 **To insure proper credit please refer to your account number and/or ad number when making payment Remittance address: P.O. Box 3268, Lafayette, LA 70502-3268

I, ROSE PENFOLD, do solemnly swear that I am the LEGAL CLERK of THE ADVERTISER,

a newspaper printed and published at Lafayette, in the Parish of Lafayette, State of Louisiana, and
that from my personal knowledge and reference to the files of said publication, the advertisement of



### NOTICE OF INTENT Department of Environmental Quality
Office of the Secretary Legal Affairs Division Stage II Vapor Recovery (LAC 33:111.2132) (AQ29l)

was published in 

### THE ADVERTISER on the following dates:


### *Friday, August 15, 2008



### Sworn to and subscribed



## Notary Public

- Christie Vea 19th day of August, 2008.Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and iri accordance with the provisions of the Ad• · ministrative Procedure:.

· Act,**R,.~·;A9:950** et seq;;·.**t~e s~cretary**  gives-no;) lice · that rulemakinif procedures have beeninitiated to amend the Air

.. regulations, LAC 33:111.2132 · (Log #AQ291.).

The

. · proposed rule will pr.ovlde an exemp• lion from Stage II va· por recovery require' ments·• ··for dispensers used exclusively for the initial fueling**a~d/or re.fu_eli~g**  of ve- hiCles;<_**eq~1pped** with·**o9board_.,~efueling** vii.' por recovery (ORVRJ**eq~ipl)lent,;** • Refueling**e!lliSSIO~S** ,are captured--. VIa vehicle : ORVRi'· equipment instead of"
the**dispen~er.** ·· This rule Will enable EB5- (85 percent ethanol' and 15·:. percent gasoline) fuel•' pumps -to :operate and: ?ispense E?5'fuel with::
m the panshes of.xAs•;: censlon, · East ·s·at(iri:: Rouge;··.:fberville·--.-.;-

,, ... , .. ingstoni•':i · · Coupee;·a

on·:. s

e. forrtia ii' Board/(

### f~l~g~~~ unlts·.'in': Ascensia )<o;ugeJ:::I mgston/'·· coupee;ta on-.'.:Roug at'this'tj

.. .. no·. CARB**·.'.·:.''c~r-tificatioii** · available •for:'EB5'units, · These Eas··'dispensers

are used exclusively,.'fo · dispense

.. lpel · to

, EB5'.·· caf?able' ''•.·.:::.' vehicles;**w~1ch** are: equipped w1th ORVR· equipment.**T~e;,,:Q~.VR-,** . systems**ar~ Wn~ldere~JO.'Qe:·as**  eff1c1ent**.a~,~~tage'!** 1-;va· por

. •:.recover.y

.. · :•.equi;i'.- ment:in•·reduci'· ·

.. isl': sions· Jrom ·.:fuel ·

### ~~~~~\rJ;:;;-;~~~ 

## ; a ,,;,:91
the .E85'oapable ··.vehii·. · cles have·· ORVR; ·'the·. EPA via**its''P~cember.,:·** · 12, 2006,.:: ·:guidarid; ll)emo. to regional -air dwectors allows states· · flexibiii!Y · for

## AUG 2 

## 5 2008 

# \the \titnes-i)icaJ!Uttt LDEQ/OSEC/LAD REGULATION DEVELOPMENT SECTION

3800 HOWARD AVENUE, NEW ORLEANS, LOUISIANA 70140-1097 TELEPHONE (504) 826-3206

NOTICE OF INTENT

Department of Environmental Quality Office of the Secretary Legal Affairs Division

Stage II Vapor Recovery (LAC 33:111.2132) (AQ291)

Under the authority of the Envl· ranmental Quality Act, R.S. 30:2001 et seq., and In accord·

ance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaklng procedures have been Initiated
to amend the Air regulations, LAC 33:111.2132 (Log #AQ291).

The proposed rule will provide

an exemption from Stage II va- por recovery requirements for This proposed rule has no known Impact on familY formation, sta· blllty, and autonomy as desert· bed In R.S. 49:972.

A public hearing will be held on September 25, 2008, at 1:30 p.m. In the Galvez Building, Oliver Pol· Jock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. The hearing will also be for the revision to the State lm· plementatlon Plan (SIP) to tncor· porate this proposed rule.**Inter~** ested persons are Invited to at- tend and submit oral comments

on the proposed amendments. Should Individuals with a d\sabll· ltY need an accommodation In order to participate, contact Ju- dith A. Schuerman, Ph.D., at the address given below or at (22S) 219·3471. Two hours of free

dispensers used exclusively for the Initial fueling and/or refuel· Parking are allowed In the lng of vehicles equipped wlt'h Galvez Garage with a validated

an board refueling vapor recov· Parking ticket
ery (ORVR) equipment. Refuel· tng emissions are captured via All Interested persons are Invited vehicle ORVR equipment Instead to submit written comments on of the dispenser. This rule will the proposed regulation. Per· enable EBS (85 percent ethanol sans commenting should refer- and 15 percent gasoline) fuel ence this proposed regulation by pumps to operate and dispense AQ291. Such comments must be E8S fuel within the parishes of received no later than October 2, Ascension, East Baton Rouge, 200B, at 4:30 p.m., and should be lbervtlle, Livingston, Pointe Cou· sent to Judith A. Schuerman, pee, and west Baton Rouge. Ph.D., Office of the secretary, Le· Louisiana's Stage 11 vapor recav· ' gat Affairs Division, Box 4302, ery rule requires California Air Baton Rouge, LA 70821·4302 or to Resource Board (CARS) certlflca· FAX (22S) 219·3398 or by e-mail tlan or equivalent far gasoline to Judlth.schuerman@la.gov. disPensing units In the parishes Copies of this Proposed regula· of Ascension, East Baton Rouge, tlon can be purchased by con· lbervllle, Livingston, Pointe cau· !acting the DEQ Public Records**k~;e~~~ a~~~!** **t~! ft,e~e** **~s ~0** **~;~~~:; ~~~;~** **~s ~~~~~~ed** **T~i~~** CARS certification available tor vance for each copy of AQ29l. EBS units. These E8S dispensers

, This regulation Is available on

are used exclusively to dispense the**lnterr.~t** at fuel to EB5·capabte vehicles, www.deq.Joulslana.gov/portal/t which are equipped with ORVR abld/1669/default.aspx. equipment. The ORVR systems

are considered to be as efficient

as Stage I! vapor recovery equip- ment In reducing emissions from fueling and refueling. Since the maJority, If not all, of the EBS· capable vehicles have ORVR, the EPA via Its December 12, 2006, guidance memo to regional air directors allows states flexibility far exempting EB5 pumps from Stage II requirements. Addition· allY, this rule will exempt vehicle manufacturing and rental car fa- cilities where dispensers are used solely for fueling vehicles equipped with ORVR. This rule Is also being proposed as a revi- sion to the Louisiana State Im- plementation Plan for air quality. The basis and rationale for this rule are to prevent the unneces- sary expense of complying with Stage II requirements when emissions that would be vented· to the atmosphere are captured via vehicle ORVR Instead of.the Stage II dispenser. This pro· posed rule meets an exception listed In R.S. 30:2019(0)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmental/health benefits and social/economic costs Is re- quired. This proposed regulation Is available for Inspection at the fallowing DEQ office locations from B a.rri. until 4:30 p.m.: 602 N. Fifth Street Baton Rouge, LA · 70802; 1823 Highway 546, West' Monroe, LA 71292: State Office Building, 1S25 Fairfield Avenue, Shreveport LA 71101; 1301 Gad· wall Street. Lake Charles, LA 7061S; 111 New Center Drive, La· fayette, LA 70SOB; llO Barataria Street. LockPort. LA 70374; 64S N. Lotus Drive, Suite C, Mandeville, LA 70471.

Herman Robinson, CPM

Executive Counsel



### I attest that the copy attached hereto as "Exhibit A" is a true and correct copy of the advertisement published in The

Times Picayune on these dates. State of Louisiana

Parish of Orleans

City of New Orleans

Personally appeared before me, a Notary in and for the parish of Orleans, Robert J. Chiasson who deposes and

says that he is the Accounts Receivable Manager, of The Times-Picayune Publishing Corporation, a Louisiana Corporation, Publishers of The Times-Picayune, Daily and Sunday, of general circulation; doing business in the City

ofNew Orleans and the State ofLouisiana, and that the

attached LEGAL NOTICE

Re:Notice of Intent Department ofEnvironmetnal Quality Stage II Vapor Recovery (LAC 33:IIL2132) AQ291

Advertisement of Office ofEnvironmental Quality

P.O. BOX 4333

Baton Rouge, La. 70821

Was published in The Times Picayune

3 800 Howard Ave.

New Orleans, La. 70125

On the following dates August 20, 2008

20th

# August~**~** / 

# U::£t=--y

My commission expires at my death.

Charles A Ferguson, Jr.

Notary identification number 23492**r~oTTCEo-f"'ii\ITE.NI** j

bepartmerit of 

### i

IEnv'ifoiiment.ar Quality' !Office·:. of the. secretary II.**jleg~I,•Affairs** 'Division ·:

•

1 'stage•'l rvapo.r 

# i

Recovery·.·..

1 I<LAC.33:111.2132) [(AQ29l) .· 1

: ·.

. Under the author! I**·~y** of·'the· EnvironmenJ ai(:Giuality

.. ''Ai:t,.**R:s~**

.**0:2001''-~f** 

### seq,, ,.and.--io**~ @(;cC!Ii:<i~r:i~e;£,i,..,lt!;i.,:.;,fh**  · : •

. 

# l provisions of the Adi· jministrative; F;rocedur1. !Act, R.S. 49.950· et seq.,**~he** secretary gives no,**~ice** that rulemaking I !procedures have ·beeni !initiated to amend tlie**~ir** . regu. lations, LAC: W3:1:1L2132 :**(Log~**

· AQ2.9.H-

. 

### i

# ~ The

. proposed

ulewill provide an**ex-~'** mption from Stage II apor

. recovery re**uii·ements** for dis ' pensers used exclu ·

. ively fo. r the initial**fu~·** ! ling and/or refuelin

. bf vehicles equippe With onboard refuelin

.**apor** recoverY!

ORVR) equipment.l Refueling emissions

re captured via vehil

'<!

. ORVR equipment.

tead of the**dlspens~**

This rule will ena 1 ute E85 (85 percen !ethanol and 15 percenl' fgasoline) fuel pump Ito operate and· dis pense E85 fuel within''**~he** parishes. of Ascen**~ion,** East Bato

, 

### ! Rouge, lberville, Livi ingston, Pointe! rCoupee, and West Bat'**~n** Rouge. Louisiana'" !Stage II vapor recovJ l=ry rule requires Calii**~ornia** Air**Resourc~** ! Board (CARB) certifi1 ,cation 0 r**equivalen~** r?r ,gasoline dispensing**~nits** in the parishes all**scension,** East Baton!

ouge, lberville, Liv] ngst<in, Pointe oupee, and West BatJ 1J Rouge. However 

### j

iat this time ·there is nq leAR B certification )available for. Eas· units.! rThese E85**dispenser~ re**  used exclusivel.·y toj

. ispense fuel to E85

apable vehicles ·**~hich** are equippec:l rwith O.RVR equipment.! :The ORVR**system~** ·•/are considered to be a )efficient as Stage II**~al** fPOr recovery equrpJ- Iment in reducing emis_J isions from fueling ·anu !refueling.

. Since the 1majority, if not ·all,**o~ ~he**  EBS·capable vehH**~~~~ ~1~eitsO.§~c~ln~~~**  i12, 2006,**guidanc~** jr:remo to regional**ai~ 1** **~irectors** allows state51

I !;J<:j_b j I it>'..

..... -----·--·'-·_f9_1]_ 

# PROOF OF PUBLICATION

STATE OF LOUISIANA

PARISH OF CADDO 

## RECEIVED

AUG ·1 8 2008

LDEU/OSEC/LAD REGULATION DEVELOPMENT SECTION



### Before me, the undersigned authority, personally came and appeared

Altheas Critton personally lrnown to me, Who being duly sworn, deposes and says that she is the Assistant to the

Classified Advertising Manager of The Times, and that the attached

Advertisement entitled:

NOTICE OF INTENT Department of Environmental Quality Office of the Secretary Legal Affairs Division (AQ291)

As per copy of advertisement hereto annexed, was published in

The Times on the following dates to wit:

August 14, 

### 2008

# (Signed)--=0~-~-·-·_..,.,·~"'----=·· =-c.

# ·~-=--·

Sworn to and subscribed before me this 14th 

### day of August, 2008

DIANA W. BARBER, NOTARY PUBLIC# 6049'1
CADDO PARISH, LOUISIANA

MY COMMISSION IS FOR LIFE 

### (Notary)

### ,, !exempting E85**pump~ ~rom**  Stage II require; iments. Additionally).**~his** rule will exemptj

ivl ehicle**manufacturin~ ~nd**  rental car facilh**~ies** where d[spensersj**~re** used solely for fui eling vehicles equipped INith ORVR. This rule! (Is also being**propose~** [as

. a revision to the iLouisiana State I mplej /mentation Plan for ai,.l iCJUality. The basis an<:! rationale for this rulej**~re** to prevent the un; necessary expense ofl !Complying with Stage!**I** !(!quiremer:JtS**whe~**

mtssions that wouliJ

e vented to the at mosphere are captured jvia vehicle ORVR inJ**~tead** of the

, Stage 11 1 tlispenser.. This pro;, 1wseg n.Jie meets an!**~xcep.** tion .listed in R

.. 

# sj

u0:2019(D)(2) and R.S. i49:953(G) (3); there lfore, no report regard·!' :1 n g . 'en vi ron menta !/health, benefits

. and :Social/economic**cost~** iis required. I

1 This proposed [Uie has no known im·!· pact on family forma1 ilion, stability, and au·' Jtonomy as described in) lR.S. 49:972. ·. - I 

### !

. A public hearinJ,

·**~llfill** be held on Septem: l:Jer 25, 2008, at 1 :3g )2.m. in the Galve 4 oBUilding, Oliver POij ilocl< Conference Room<**~02** N. Fifth**street~** 1 saton Rouge, LA, 170802. The hearing_**~illj** !also be for the revtston:

·**~o** the State lniplemenj**~atio'n** Plan (SIP) to in 1 'corporate this

. pro·: !Posed rule. !nte;rested{ !persons are tnvtted t<4**tte** .. n· d and submit oral, omments on the proj osed amendments. 

## ! Should individuals with\

a disability need an ac; trommodation in orderl !to participate,**contac:;~** l,!udith A.**Schuerman~** !Ph.D:, at the address: !:liven below or at (225)t !219-3471. Two hours ofJ**~ree** parking are ali l1owed. in the GalveZ! !Garage with a validat1 

# rd parking ticket. 

# I I· All interested-per,

. !Sons 

### are ihvlt.ef? to. subi imit written· comments! ion 'the proposed regui ltation.

. Persons cam1 lmeritin'g should refer-, lerice this prop,osed**reg~** lulation·:c by AQ291.! isuch comments must! !be received no**late~ ~han**  Ocfober 2; 2008, a 14:30 p:l'n., and shout

1 be sent to Judith A., !Schuerman, Ph.D., Of1**~ice** of the Secretary;, /Legal Affairs Division;, 

### I Box 4302, Baton Rouge1 .LA 70821-4302 or t<li \FAX (225) 21.9•3398 or; !by e-matl ta.**~udith.sctluerman@la.gj** ov. Copies of this pro1 posed regulation can; be purchased by**co~1 ~acting**  the DEQ Publiq

! Records Center a,!! (225) 219-3168. C::hec"l br money order ts re,**~uired** in advance**fo~ ~ach**  copy of AQ291., lfhis regulation. isi !a.'"vailable on· the lnterj !ret a,.l**www.deg.loulsjan~,gpv,_ IJi:)ijrralZ:t~!l\2716§.'1..7**  def.9J**:~11-.ru!~** I 

### i This**propose~** !regulation i_s available,**~or** inspectton at**~he,** !following DEQ offtce, IIOC<)tfon;;**,.f.~om** 8 a.m.\ lunttl 4:$Q p.m.: 602 N., !Fifth Street, Batoll! !Rouge, LA 70802; 182Ji! 'Highway 546, Wes I !Monroe, LA 71292; 1 !State Office B. uilding 1 11525.**f:,<;~i_rfie!d** .1'\Yenuel.l !shrevepbrt} LA ?1101;, 11301 Gadwalf S.treetn iLake -Charles,·

. LN \70615; 111 New Ceryterl !Drive, Lafayette, L.A! !70508; 110 Baratana: Street, Lockport, LAj i?0374; 645**~- Lotu~**  jDrive, Sutte C1 Mandeville, LA 70471.

I IHerman Robinson), iCP'M ' !Executive Counsel 

## I**~he** Times: \ !f'.t,JgUst ]4, 2Q08 iatmosphere. are. COP-, NOTICE OF' INTENT ture'cLvio vehicle ORVR

· iris'te'ad of the Stage II Department of**EnVi~** dispenser. This pro- roninental Quality: · pose'd,rule meets an ex-. 1"\fficeoftheSecretary. ception 'listed in R:s:

laiAffairsDivision: 30:2019(0)(2)**and·R~S** .



# .**·si~s~;** 1

### vci~o/ 

## {**~~: ~~~~~f** **<(~~;~~r;~o;~:,** : · Recovery· vironmerital/health· · (LAC 33: 111.2132) benefits and social/eco, (AQ291) nomic costs is required. · This proposed rule has Under.the autl1ority of no. known impact on· the Environmental family formation, stabiiQuality.Act, R.S. 30:2001 ity, and autonomy as deet seq., ancl in .accor, scribed in R.S. 49:972. dance with the .provi- A public hearing will sions of the Administra- be held on 'September 25, tive Proce.dure Act,. R.S. ·2008/at 1:30 p.m. in the 49:950 et seq., the secre- Galvez Building, Oliver tory gives notice that**'P'ciiTocK:~** · Conference rulemoking procedures Roann,·, .:602. N. Fifth have been initiated to Street,}Baton Rouge, LA amend the Air regula- 70802

... The hearing will tions, LAC 33:111.2132 also be for the revision (Log#AQ291). to the

.. State:Jmp'lemenThe Proposed rule will' tatiori::Pian·:C(SI PJ to inprovide an exemption corpofiite this proposed from Stage II vapor re- rule: •. 1 nterested persons covery requirements for are.'iiil;'ited 'to attend ahd' dispensers used exclu- sutirnit 'oral comments sively for'the initial fuel- on the proPosed amending and/or refueling of ments. Should individuvehicles equipped with als with a disabilitY onboard:Tefueling vapor need an accommodation recovery,, ;._

.. :· (ORVR) in order to participate, equipment:J-.:Refueling contact Judith A. emissions··are-:captured Schuerman, Ph.D., at vid vehicle'ORVR'eqbipJ the address given below ment instead of the dis- or•ot (225) 219'3471. Two Pen·ser. This rule will ·hours of free parking enable E85 (85 percent:are allowed in the ethanol and 15 percent•Galvez Garage with a gasoline) fuel pumps to vafid·ated

. parking operate and dispense 'ticket.
E85 fuel within the Par, AH·interested persons ishes of Ascension,_ East are.:'·invited tci'•.submif' Baton _Rouge, lb.erville/;writ'teri ''comme_nts·:ori. Livingston, Pointe. Cciu':the:'Proposed re9u.Iation.'
pee, and West· Bat.ony Pef.s'O'ns'· commenting Rouge. Louisiana's. sho'uid:.:.reference this Stage. !!

.. vapor recovery' proposed regulation by ru' au ires California:; AQ29l. such comments A !source Board 1 :must be received no (C .,'-'l'certification or,:'later "than October 2,**equivi:ll~nt:for;gasolin,!=i'l2008,** at 4:30p.m., ,and disP

.. ens1ng·un1ts in**t~El:lishould** be sent to Judith

, Po r.,islies·_o.f.Ascensioh;'liA. Schuerman, Ph:D

., Edst"Batan:R6uge;Jber'\office of. the Secretary, ville/Ljvrnsstim,:.'Poi[iter Legai·Affairs Division, Coti'i:lee;cand West'Batori' Box 4302, Baton Rouge, Rouge. However, at this, LA 70821-4302 or to FAX time. there is no CARB (225) '219-3398 or by certification available e-mail to iudith.schuerfor E85 units. These E85 man@la:9ciy,c·."Ccipies of dispensers are'used ex- this·.pn)posed::re9ulation

· clusi'vely to dispense can·: be\; purchased by fuel to E85-capable vehi- contacting;' the DEQ cles;·whiC:h are equipped. Pub! ic· Recor'ds·

.. Center with ORVR**!"quipment~** at (225) 219-316s:::>Checki ·.The ORVR systems

. .are or money· o'rder is re- considered to**be.as·effi~** qui red in advance for cient as.stage. II vapor each copy of AQ291. This recover.\t**eq_uipme~t** iri. regulation is available reducing._

.. ,.emJssions on -'the Internet at from fueling and:refueP www.deq,louisiana.gov/ ing.: Since the majority; portal/tabid/1669/de- if not. all;- of.the:E85-ca:·fault.aspx.

. pabfe· ·vehicles ·have. This proposed regulaORVR, the EPA via itqion is available for in- ,December 12, 2006, .guid· spection at the following**·a~ce·l'!lemo** to reg1on_9! DEQ office locations 01r·

... :·d1rectors a!.fOYJ?from 8 a.m. until 4:30 states fl_exibility.for:exfp.m.: 602 N. Fifth emptirig E85**.•pump~** Street, Baton Rouge, LA from'"St6ge II**require~** 70802; 1823 Highway 546, ments, .Additionally, this' West Monroe, LA 71292; rule will exempt vehicle State Office Building, manufacturing and 1525 Fairfield Avenue, rental car facilities Shreveport, LA 71101; where dispensers are. 1301 Gadwall Street, used solely far,fueling Lake Charles, LA 70615; vehkles equip'ped with: 111 New Center Drive,**O~VR.** This rule. is:_ also' Lafayette,. LA 70508; 110 bemsr Proposed as a re;. Barataria Street;**Lock~.** VIsion to the**Louisi~na.** poft,-,t:A:70374j 645.N;.! State Implementation: Lo·tus -o·rive, Suite·C,' Plan for air quality

... The: Malideville; LA 70471. basis and rationale fori this '.are to Prevent: the ecessa rv ex-: pen, comp_Lying with·'· ';**Herm~~~obinson,** .. :

Executive 'Counsel Stdge II requirem'ents:

. when emi,ssiii'ris t[lat Aug 14- .vouJd.be.vented to' the .00469375 '1t 

# Affidavit of 

# Publication

STATE OF LOUISIANA

Parish of Calcasieu**RECE~VED** 

## AUG 1 8 2008

LDEQ/OSEC/LAD REGUlATION DEVELOPMENT SECTION



### Before me the undersigned authOJ:jty, personally came and appeared

# 9f{!llf:Jy~

He/She is a duly authorized agent of


### LAKE CHARLES AMERICAN**P~ESS** 

### a newspaper published daily at 4900 Highway 90 East,

Lake Charles, Louisiana, 70615. (Mail address: P.O. Box 2893 Lake Charles, LA 70602)

The attached Notice was published in said newspaper in its issue(s)
dated:

00469375
-. $51.00
August 14, 2008

# ~~ Duly Authorized Agent

Subscribed and sworn to before me on this 14th day of August, 2008 at
Lake Charles, L

00053262

LDEQ-OSEC- LAD(A Correct Copy of Publication)

NOTICE'OF JNTEN.T

.**~,i<emptJiig** EBS:.·pumps ·

. from·

.. stage' 11 :require·. .,b./1 interested 'persons**.i:,;;.''De~iif_tm~M"Oi..** :':'' ments

. .',

.. ;. Additionally, are .invited ·'to''submit Environmeiitai·QualitY' this'·;:ruJhwiiJ.:.·exempf! ·writte'rf::: comments•:an Off_ic_e· onh.e'S. ecre'tar.y·:. vehicle**'·manufacturin~··** the

, Proposed .regula·

· · · a'iid. 'rental:.· car

.. facil.,i: ··tipn:•:.£.Persons'-.:·:com-**L~ga} A,~f~irs;**  DiyisiqrC. tiesJiwhere 'dispensers menting :•shou/d,:,refer.·

# <,:~.•~-~ ..

# :_·~~---~.:_:~~.f.y_~-tl_.·_:.·~--·r**~~~~~~~;:~~~~!~f~** 

# ·**~$~~~~~1~~t(i~** as,,-a_,, revision,J,o. the ·october-·2,::200B;'at-4:30**Unde~;!~{aufiiai-'ify·,'M** Loyjsia.na

..**,state,.Jmpl~- ~;,~!'**  

### .. ,· 

### ftq.**J~~~~~-** '.::Abe. the ·

... Environmental" mentatJOn

.. Pian:for:aJr-, Schuerm_ an·, ·Ph.·D.·,_·ofQ · J't

... · A t · R s· quality; ;The ba'sis.·and

ua 1 y... c, ·

... • ' rationa/Jf

.. for,,Jhis·

.. rufe'

. ·.f.ice of.'·the."Secretary,**~~~g~~~~~{~c;i;it~?~t~~:** are to: P.reveriftt]e**u~,** /.;ega/ Affairs ·."Division, provisions;: of

.. :the; Ad::. necessary

. expense ·of Box 4302/BatomRouge, ministratiVe P.rcicedure•· complying·

.. witf'\, stage. LA· · 70821-4302!': or"•tb Ad,·R:s:,49:950 et;.seq:,::**~.'rilffs~~~~e·'·~. ~~is**  __ .O:!f:ohue 1 

## g**~:~ <t_.:}~!ii;~jf:~** **~~-,~~** the sei:r'etary, give's 

### no,: · · · · d'th'·" h · · · · tic'ei .;·,that··ruJemaking be;de'nte.d., to**·t~e** _,.at-. 1u ' ,sc uerman@la:g

· ··-· d

.. ·· h

... ·'b

.. mosphere are.captured

. .ov

... Copies•:of. this

.. :pro- proce ures

... a'(e.:. een**v.i~;:;vehicie:;** ORVR in-. ..Rased·,_· regulation,,,. ean**tJtiat,$d;'.\ j?meryd~~~-**  stead,. of,;.the. stage,.. /I be pur_,hased" by..,.con- ·**~~\{fi~~** a .!ons::c"(Log' dispenser

.. : :,This ·

... pr'o-: tactmg the DEQ.Public

#AQ 291 l: .·•·**:;~** :':}·>.:· .•. ·**~~~~~ii~~~~Yt~d~f~~Rfs~: ~~~)r>l~N:jf[s~!~t'he;~** 

## rfiiF~t~#~sed.'t~ifWiir**~g;mfmlm _,~r~h~r~;:** **~~i~~~fJ,;~~e~~~~:~rtb pro~Jde,.)ari-i('exenipjion:**  f . ·

.. 1 'd eac.h •... c.opy

... _,·_. of." A. Q·2a.1.**fr~m'.Stag·e.::/1** ,\Ia par, rei: · qre; •n.o;re11or**"~gar** ' .Th1s :• ''•regu/atioh :>-'is covery,':.,.,,h!quireYiients· 'D9' · '''· env,ronmen!<W available :on ·the:'liiter· fo(."dispens'ers osed·ex:: health,;,. benef.lts**.,~ng.** net .,·.,:··.,- .,.,. ,,, ... ,,,:···."'·a.t clusivel'{for' the: initial**:5pciaJ/eco~omic** .• ::t6srs**www.d~if;iouisia'n~':gov**

# ~~di~t~~~J~~~;;:~~)~j 

# .. _.**-~::!i~ii!~~'ct,:~&;~:~~s ~?t~~1~f::~.~!d** **11**

# ~~~~·2.**.:~.** eli rig., .Vap'6r. : re'r.o.v.erY.> · n'o known,. i nipact ··.·on**\h.i~.** :propq!ied

. regula· (ORVRJ:\>:iiRuipinerit·

.. famiJv·'fdrm'at·,a·n "·s··t· a" t1on IS'-avaJ/able-.for·,·n· Refueiiri'g.:,:,,·::.·emissiolis'· · ,.... · ·· ' • • are •. 'cap'ture'_d.·.,v, ,ia.·,veh_

.. i:.'. bility;'**'~l)d'"a.~t~n'cimy ~pectiOR'**  at\ the dO/lOW·
as descnbed

.. m••R s · ing .DEQ·.office,,

.. loca·**~Je.:.ORVR:.~qu!Prn.e~t,.** 49:972. ···''-'' ···.·

... , .. ,,.,.,: •.' !.ions from: B.a.mrcuntil**mst~d** .of Ire**~wpen~;;** -. '

.... ,. . .... , ...... , ·4:30 p.m;: 602 • .N.:,Fifth

- er

... his,ru e 

### ,w,**.en~'-** A ·pub/ic:;:.liearing'•.·will street;o

.. :Baton':'·.Rouge, ble,.**::EB~-** ....**,(8~.-"!P~~.c~nt,** 11e held .on .September

.. LA 70sq.2;,,

.. 1823,,,High- ethan_ol ·and;,·1S;perce.nt

.. , 25,. 200B,:·,at .1:30 p'.m,, in way 546,West,Monroe, gaso/me)**,:-fu~l purl)p~-:**  the·•:

... Galyez ·

.. Building, l::A**712~2;',Stafe;Office** to .operate. and·**.d'~T-:** qliver: Pol/ock,,Confer, Building;::l525Fairfield·· pense,**~ss,,fuel,** .'•VIltJI.n: .". ence "''Room, ',•·602:,**N~** Avenue;;: .Shr.evepo'rt,

.**t~e P.~~l.ohe.s**  ot.Ascen:. :· Filth .:···:stree(.':,,aa:ton tA :7ll01i.:l301' "adwall s1on, East

.**Bat~n** i**~_quget** .. LA:,70B02:,,Ih,e,. stre·eu:; Lake·' en aries, _Rouge,.,.lberv_,_lle,,, Hv,·

.. ! 'hearing'Wi/J also be"for ' LA 706·15;:lll Nei/l"tenmgston, ·**Pom.t~:.:** the :re.v.isioli ·'•·fo"''the '· ter D'rive,'\·Lafayette, :· Coupee, and Wes! say- 'State:::: Jmpleriien·tation · LA

. 70508;··

, .. ,··no
an.,**~;<ouge,,.Lo~'s'ana ~-:.~Jan**  (SI,J"L:to· incorjlo- Baratai"ia''Street;-l.'.ock- Stage II 1 vap9r recov- .,.>ate this proposed·rule. port, L'AC:'70374;.,•645·-N. · ery

.. ,r:u,Je.**~e_qu,res:Ca./1,,** ·: Interested persoris 'are · ·Lotus'·' Drive,:: .Suite;c_,<:;, fo:n'a '•·A'r ··**Reso.u~c.~·r,d~vited** .'tb',attEmd:·!and ··M_.,·, andevil_l,_e; LA'7047l,;'.**Bo~rd.:** (C:AJ<.Bl.**~ertlf!.':** i §ubmiFioral 'com'iiients. · cat1on

### ~r ·

### e~u,val~nt•.: on !!.the'

., ikoposea C8··Pei-Mrri·a_

.. .. n

.. ·_._··.•':

.. ·.:_,.,·_.;iR

__

### .'.·~,·.·.·

.. ··b:,.·;·.'.'

.

### :n.'~~~; for_**g~solme** d1speQsmg**d~endinents,** .. :.:;, Should

.. un1ts '"· the; panshe.s .of."' Individuals with·a:'disa-**Executiv~.co.un** .. se.l.' Ascens1on,,**E~st,;.~at,?n:::** bi/ity

.. : need.;,an::•atcom- ··.:.·.

. ... ·:. j;touge, ./berv,_ll,e, .•**~-'v"** .. modation: ·in·

... order.. -to ·'··(a)· f4 mgston, :·,· ·,; ··'' ::Pomte;_:**p~rticipate,,.c;ontac(.J.u-** .. · · Coupee, and West Bat-

... • d1th ·A.·. Schuer.rhan

on.**Ro~ge. H9wev~r,**  at,. 

### i P_h..D.,:**~L** th_e: address !h1s

.. t1me. ther:

.. IS.: no,. g1ven. below or.·

.. at (225) CAJ<.B:,

... , ,cert1f1cat!on 219-347.1':"· TWo .·nour's ·of ava1lable for-**~85.** umts

.. free ·.·parking·· are· 

### ·arTh_ese

... ,Ess,,

..**d,spenser~·.,.** lowed"' 'in 'the·::·· G'alvez

are·. used e)\Ciusively, ,to ·Garage with :·a \)a/idat·**diSPen~e·** fuel:: to

.**E~S;.** · e'd parkiii'g ticket':· · ca11ab/e · "';**:~ehicl~s;:** · · wh1ch are·· ·.equipped with ·oRVR equipment:**~~; cil~s~d~~ed'~6s6~~~:**  efficient as stage :1 Ivai par· nicover'y equip'
ment. in

.. reducing emissions' fi.om. fueling .and. refueling. ··:"since

. ·the**mai6~ity,.,if.,hot** all, of tlie ,.EBS'c.apable vehi' cles have

... ORVF(,. the EPA· via its December.. 12;.·· .·

.. 2006,,

, . 'gUidance

memo. to .regiona/.'ai,r directors allows .states flexibility · · ·· for 

## AUG 1 8 ZOOS

LDEQ!OSEC!LAD REGULATION DEVELOPMENT SECTION



### I, Harold Constance, Classified Sales Manager

of THE TOWN TALK, published at Alexandria,

Louisiana do solemnly swear that the

Public Notice (AQ291)

advertisement, as per clipping attached, was

published in the regular and entire issue of said

newspaper, and not in any supplement thereof

for one insertion(s) commencing with the issue

dated August 14, 2008 and ending with the

issue dated August 14, 2008.

# =rt~w~

Subscribed and sworn to before me

this 14th day of August 2008.

# CAPITAL CITY PRESS

Publisher of 

# THE ADVOCATE

PROOF OF PUBLICATION

The hereto attached notice was published in THE ADVOCATE,

a daily newspaper of general circulation published in Baton Rouge, Louisiana,
and the official Journal
of the State of Louisiana,

the City of Baton Rouge, and the Parish of East Baton Rouge, in the following issues:



### 08/14/08

# -~- Susan A.Bush, Public Notices Clerk

Sworn and subscribed before me by the

person whose signature appears above:



### August 14, 2008

# w~**Pegeen~otary** ubli, 565 

### My Commission Expires:
Baton Rouge. Louisiana

DEQ

- OSEC/LAD REG

REMENDER WEATHERSPOON

PO BOX 4302

BATON ROUGE LA 70821-4314 3942076 NOTICE OF: INTENT
Department 

### oi ;, Environmental Quality Office of the Secretary Legal**Affair~** Division

stage 11 Vapor Recovery (LAC 33:111.2132) (AQ291)

Under the authority of the Environmental ··Quality Act, R.S. 30:2001 et seq., ana**~1s1g~~rdance** ;;'jth the**P[~e** . Administrative···Procedure Act, R.S. 49:950 et·se·q., the secretary gives'"notice that**h~;,;na~~~~ ·irffffa'l:~~urfg**  

# r;r

6

nd**t~f,~~~Hi~ulatic'i.~~** #AQ291).

The proposed rule will**~f~~ir** 1**fnv::pe6'ip~~gotr~~** requirements for**dis~** r.ensers used exclusively**r~~J~ 1ri~itiaiJ¥elin~e1iJg{~~**  equip pea· with on board**[6)\'.j~f .** **vapo~qGT8~~eri£** Refuelmg emiSSIOns are capturecfvia vehicle ORVR eguipment instead of" the disP.enser. This rule will**~r~~~~~ Ef~d** **<~% g~~g~~t**  gasoline)·· fueJ pumps to**fJ'ei'~iMr(l~lie im.~i~~~s** **E~l·** Ascension; East .Baton**~g~n~~· lggr;B~~;** **LJ~igg~~~t** Baton Rouge. :Louisiana's**~~~~Tr~sv~p8~fi~g~~~fa'Y.~!i!i~** Resource··soard (CARB)'cer- tification ·or equivalent for sasoline dispensing Uliits

m the · · parishes · of Ascension,.• East

.... Baton**~gt(,~~· •gg[,y]~~;** **t.,t~gg~~~i rh~1o~~~~R~reHi~'h~'1fi>.RaJ**  certification. available

.. for ESS' units. 'These·. E85,'dis**pyeQg~~T~~~en~~ffli~N6'~J~§:** capable.vehicleskwhich are**~'t,~fPt~•.;-'ibhRBR v~y~~~~~**  are considere·d to be as·efficient as :Stag!' II

. vap9r recovery :· ·eqUIP.ment m reducing .·. em1ssions from**ig~ i:Wa"a~~;ewe~~t,Ji,n~1**  the**E8~-capable** vehicles have ORVR, the EPA via its December· 12, 2006, guid-

ance memo to regional air directors allows states flexibility fo"r exemJ')ting ·, E85 pumps

.. ·from. ·stage 11 reRUirements

.. Additionally, this rule will exempt vehicle manufacturing and rental car. facilities· where dispensers are used solely**~oruippt~e~?t~** ·**ORV~~i:fhi~** r.j\e 1s also being·proposed

as a · revision to the Louisiana ·:

.. . ·state Implementation Plan for air**~tf6i~~ie f~~Ihif~~ii** **ar~~g g~~~~~~** **~~~o~np7~i~~se,1fK ~~Ps~/~:;~q~~~r~J~~~h5~**  vented to the atmosP.here

are captured ·via vehicle ORVR instead of the Stage II dispenser. This·. proposed rule meets an**exce~tion** listed in R.S. 30:2019 0)(2) and R.S.49:953(G)(3); t ere-**~~~lro~g;,i~fa'l/he'iJ~rg~~~** efits and social/ economic costs is required. 

## RECEiVED



## SEP 0 8 2008

LDEQ/DSEC/LAD REGULATION DEVELOPMENT SECTIOi

This··proposeil rule has

no known .impact on familY. formation; stabilitY,, ana**~~st.o£' ~¥'~:**  as. descnbed in

A public hearing will be**~[ ~:~8** **~~~:ergbiKl cl~PvC:i**  Building,

. Oliver Pollock conference Room, 602 N.**Ett~~~~S~eihf~~.i'ri~gul!IT!** also· be for the revision to the :.State Implementation Plan· (SIP) ·to incorporate this propo·sed

. rule. Interested· ,persons·. are invited to**.atte~d** and submit oral ·comments on the**~h~~fJei~divi~?iil~dWffgts,;** disability need an accom- modation in order to partic**Wc1it~er~~~;a~h.rJ~d~\h.tj{'e** address given below .or at f225) 219-;3471. Two**ho~~s** Qf;.
th'"ee**B~r~~~g (;";i~a~** **11** · ·•·· validated parking

All

.. ; interested pel-sons'·.

are: invited .'to submit •. writ· ten comments on the pro- posed ·on. Persons

comme auld refer-

ence thi sed regula'·**ii,~~t~Ymuslbk r~~gt\)~ccfW~**  later than october 2;·'2008, at 4:30**·p~m.,** and "sJ"lol!.ld be**§~R&erm~~; Ph7~.~~~lffice** **~**

.**m~i~i~cri.et~ ~~%~1** **'1f~m ~R~** **cMU ~** **g~ ~~** 

mail' tci ·.·. judith.schuer- man@lagov. Copies of·this proposed re%ulation can be**ft\'~c~"t~dP.ublig ?,\"c~~~~**  Center ."at · (225) .219·3168.**~ehqeJi~egr** iW**~~aQag~~e~fJ~** each copy of.:AQ291. :This regulation. is'· available on the·

. ·. Internet

... ,. ·. at**@l~~h~~1E8~**

. -

. This p,rofeosed regulation**~t fh:if~~oe~~~~** **~f8eo~\~~** locations from 8 a:m. until 4:30 p.m.:·so2 N.Fifth street, Baton Ro 0802;;1823

t.ifh'o/f1'92'c**Building·;,~·}:.** Avenue;. ··s 71101; "1301 Lake Charle

.. Ne"'!

......... c_e Lafayette,.- i..A Barataria :stree oc port, LA 70374;,645 N. us Drive,**-¥~Jti.l:·** Mandeville, LA

Hermari Robinson( CPM ·

. Executive**Co~nse** 3942076-aug 14-lt

# THE ADVERTISER AUG 2 5 7.008

LDi:Q/OSEC/LAD REGULATION DEVELOPMENT SECTION

1100 Bertrand Drive 

### LAFAYETTE, LA 70506 PHONE : ( 3 3 7 ) 2 8 9- 6 3 0 0 FAX: (337) 289-6466



## AFFIDAVIT OF PUBLICATION

'Remender D. Weatherspoon -· ----- LA Department of Environmental Quality OSEC/Legal Affairs Division Regulation Development Section Account No.:
Ad Number:
Ad Total:
No. of Lines:
Reference No.: 8DEQRD

1044013 $97.51


### 223



### P. 

### 0. Box 4302
Baton Rouge, LA 70821-4302 **To insure proper credit please refer to your account number and/or ad number when making payment. Remittance address: P.O. Box 3268, Lafayette, LA 70502-3268

I, ROSE PENFOLDr do solemnly swear that I am the LEGAL CLERK of THE ADVERTISERr

a newspaper printed and published at Lafayetter in the Parish of Lafayette, State of Louisiana, and
that from my personal knowledge and reference to the files of said publication, the advertisement of



### NOTICE OF INTENT Department of Environmental Quality
Office of the Secretary Legal Affairs Division Stage II Vapor Recovery (LAC 33:111.2132) (AQ291)

was published in 

### THE ADVERTISER on the following dates:


### *Friday, August 15, 2008



### Sworn to and subscribed



## Notary Public

- Christie Vea 19th day of August, 2008.1044013

,_ exempting. t:B5 pumps NOTICE OF INTENt· fcoll) · e I r.eqUjre- This,proposed**t~gtlla·** ..

Depattment of 

# ·mr:**t~~~'mgn r~~~tM~Y~P1~~ffgl)o~:·**  Environmental Quality velji

. . '

. ·.ing DEQ 1 . Office of the Secretary... :anCJ Legal Affairs**Division·::)(~;;**

Stage .II Vapor ·

Recovery (LAC 33:111.2132) (AQ291)

Under the authority

. of the Environmental**Q~allty** Act, R.S. 30:2001 •et seq., and iii accordance with the provisions : of the Ad' · ministrafiVe Procedu!'e·'

·**Act,_fl-!~' 49:950**  .et seq:(,**t~e,s~cretary** g1ves·no:} t1ce • that rulemaking procedures have been: initiated to amend ll1e Air

... regulations, LAC 33:111,2132 (Log #AQ291),

The

.. : proposed rule will PrO:\Ilde an exemp: tion from Stage· II va- por. recovery require- ments··. for dispensers used exclusively for the Initial fueling and/or refueling of ve· hiclest ·· · 'ed with oqboat ing va; por._ re. ry <(ORVR) eqU,1pment: · Refueling**e!'JiSsio~s** .are captured>. v1a veh1cle

, ORVR:· equipment instead of. the ajspell!jer

.. ·· This rule Wil.l enable EB5 (85 · percent ethanol' and 15:' percent gasoline) Mif'
pumps ·to .'operate ana'**~ispense** Eas· fuel witiJf:

m the parishes 61 :'As'•. cension, · East**··.sMo~:'**

### ,~W:~~a~Jrf 

# .. ·

...**thest~9e** 11**~,dl.siJehser.** · This. pro· 'posed

. rule ,rrie'els

. an .exception Jisted ill·R·S· 30!2019(0).(2) and' R.s. 49:953(G),(3);

.. · there· fore, no report regard··

I

.**~·.** ·.. g

.**8~ri~m~tJ1entalfhe~~~**

### FINAL RULE/November 20, 2008 AQ291

1 Title 33 ENVIRONMENTAL QUALITY

Part III. Air

Chapter 21. Control of Emission of Organic Compounds Subchapter F. Gasoline Handling §2132. Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Disp ensing Facilities
A. – B.7. ...
8. Exemption. Any segregated motor vehicle fuel dispensing system used exclusively for the fueling and/or refueling of vehicles equipped with onboard refueling vapor recovery equipment (e.g., initial fueling of new vehicles at automobile assembly plants, refueling of rental cars at rental car facilities, and refueling of flexible fuel vehicles at E85 dispensing pumps), located at a facility subject to this regulation, is exempt from the requirements in Paragraphs B.5 and 6 of this Section

. 

### 8 9

. Upon request by the Department of Environmental Quality, the owner or operator of a facility that claims to be exempt from the requirements of this Section shall submit supporting records to the Office of Environmental Assessment Compliance within 30 calendar days from the date of the request. The Department of Environmental Quality shall make a final determination regarding the exemption status of a facility.
C. – I.

... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the Department of Environmental Quality,
Office of A ir Quality and Radiation Protection, Air Quality Division, LR 18:1254 (November 1992), repromulgated LR 19:46 (January 1993), amended LR 23:1682 (December 1997), LR 24:25 (January 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2453 (November 2000), LR 29:558 (April 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2440 (October 2005), LR 33:2086 (October 2007), LR 34:1890 (September 2008), LR 34:**.Louisiana Register Vol. 34, No. 08 August 20, 2008 1677 NOTICE OF INTENT

Department of Envi ronmental Quality Office of the Secretary Legal Affairs Division

Stage II Vapor Recovery (LAC 33:III.2132) (AQ291)

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaking procedures have been initiated to amend the Air regulations, LAC 33:III.2132 (Log #AQ291).

The proposed rule will provide an exemption from Stage II vapor recovery requirements for dispensers used exclusively for the initial fueling and/or refueling of vehicles equipped with onboard refueling vapor recovery (ORVR) equipment. Refueling emissions are captured via vehicle ORVR equipment instead of the dispenser. This rule will enable E85 (85 percent ethanol and 15 percent gasoline) fuel pumps to operate and dispense E85 fuel within the parishes of Ascension, East Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge. Louisiana's Stage II vapor recovery rule requires California Air Resource Board (CARB) certification or equivalent for gasoline dispensing units in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge. However, at this time there is no CARB certification available for E85 units. These E85 dispensers are used exclusively to dispense fuel to E85-capable vehicles, which are equipped with ORVR equipment. The ORVR systems are considered to be as efficient as Stage II vapor recovery equipment in reducing emissions from fueling and refueling. Since the majority, if not all, of the E85-capable vehicles have ORVR, the EPA via its December 12, 2006, guidance memo to regional air directors allows states flexibility for exempting E85 pumps from Stage II requirements. Additionally, this rule will exempt vehicle manufacturing and rental car facilities where dispensers are used solely for fueling vehicles equipped with ORVR. This rule is also being proposed as a revisi on to the Louisiana State Implementation Plan for air quality. The basis and rationale for this rule are to prevent the unnecessary expense of complying with Stage II requirements when emissions that would be vented to the atmosphere are captured via vehicle ORVR instead of the Stage II dispenser. This proposed rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding
environmental/health benefits and social/economic costs is required.
Title 33 ENVIRONMENTAL QUALITY
Part III. Air Chapter 21. Control of Emission of Organic Compounds Subchapter F. Gasoline Handling §2132. Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities

A. - B.7. ... 8. Exemption. Any segregated motor vehicle fuel dispensing system used exclus ively for the fueling and/or refueling of vehicles equipped with onboard refueling vapor recovery equipment (e.g., initial fueling of new vehicles at automobile assembly plants, refu eling of rental cars at rental car facilities, and refueling of flexible fuel vehicles at E85 dispensing pumps), located at a facility subject to this regulation, is exempt from the requirements in Paragraphs

B.5 and 6 of this Section



### . 9. Upon request by the Department of Environmental Quality, the owner or operator of a facility that claims to be exempt from the requirements of this Section shall submit supporting records to the Office of Environmental Assessment within 30 calendar days from the date of the request. The Department of Environmental Quality shall make a final determination regarding the exemption status of a facility.

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

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 18:1254 (November 1992), repromulgated LR 19:46 (January 1993), amended LR 23:1682 (December 1997), LR 24:25 (January 1998), amended by the
Office of Environmental Assessm ent, Environmental Planning Division, LR 26:2453 (November 2000), LR 29:558 (April 2003), amended by the Office of the Secr etary, Legal Affairs Division, LR 31:2440 (October 2005), LR 33:2086 (October 2007), LR 34:

This proposed rule has no known impact on family formation, stability, and autonomy as described in R.S.
49:972.

A public hearing will be held on September 25, 2008, at 1:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. The hearing will also be for the revision to the State Implementation Plan (SIP) to incorporate this proposed rule. Interested persons are invited to attend and submit oral comments on the proposed amendments. Should individuals with a disability need an accommodation in order to participate, contact Judith A. Schuerman, Ph.D., at the address given below or at (225) 219-3471. 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 AQ291. Such comments must be received no later than October 2, 2008, at 4:30 p.m., and should be sent to Judith A. Schuerman, Ph.D., Office of the Secretary, Legal Affairs Division, Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 219-3398 or by e-mail to judith.schuerman@la.gov. Copies of this proposed regulation can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for each copy of AQ291. This regulation is available on the Internet at www.deq.louisiana.gov/portal/tabid/1669/default.aspx.

This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70 615; 111 New Center Drive,Louisiana Register Vol. 34, No. 08 August 20, 2008 1678 Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 645 N. Lotus Drive, Suite C, Mandeville, LA 70471.

Herman Robinson, CPM
Executive Counsel

FISCAL AND ECONOMIC IMPACT STATEMENT
FOR ADMINISTRATIVE RULES RULE TITLE: Stage II Vapor Recovery

I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) There are no appreciable costs/savings anticipated to state or local governmental units.
II. ESTIMATED EFFECT ON REVE NUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) There is no appreciable increase or decrease in revenues anticipated to state or local governmental units.
III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO
DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) There is no appreciable impact anticipated to purchasers of E85 (85 percent ethanol and 15 percent gasoline) fuel. Sellers
of this fuel will see the benefit of an additional cost avoided as they will not have to invest in stage II vapor recovery systems.
IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) There is no appreciable effect anticipated on competition or employment as everyone operating the E85 pumps will incur
the same costs and benefits.

Herman Robinson, CPM H. Gordon Monk Executive Counsel Legislative Fiscal Officer

0808#049 Legislative Fiscal Office

NOTICE OF INTENT

Department of Envi ronmental Quality Office of the Secretary Legal Affairs Division

Training and Education Requir ements for Authorized Users of Radioactive Materials (LAC 33:XV.763)(RP050ft)

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 Radiation Protection regulations, LAC 33:XV.763 (Log #RP050ft).

This proposed rule is identical to federal regulations found in 10 CFR 35.55(b)(1)(i), which are applicable in Louisiana. For more information regarding the federal requirement, contact the Regulation Development Section at (225) 219- 3471 or Box 4302, Baton Rouge, LA 70821-4302. No fiscal or economic impact will result from the proposed rule. This rule will be promulgated in accordance with the procedures in R.S. 49:953(F)(3) and (4).

This rule will update the state regulations to be compatible with the changes in the federal regulations relating to the training and education requirements of a physician who is a radiation safety officer overseeing uptake, dilution, or excretion studies, and/or imaging and localization studies.
Amendments to the Code of Federal Regulations in 10 CFR Part 35 have been completed regarding the training and education requirements of a radiation safety officer. Louisiana is required to adopt or amend the state radiation regulations pertaining to the training and education requirements of an authorized us er of radioactive material in order to maintain an adequate Agreement State program. The
basis and rationale for this rule are to mirror the federal regulations and maintain an adequate Agreement State program. This proposed rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmental/health benefits and social/economic costs is required.
Title 33 ENVIRONMENTAL QUALITY
Part XV. Radiation Protection Chapter 7. Use of Radionuclides in the Healing Arts §763. Training

A. – K.2. ... a. has completed 700 hours in a structured educational program consisting of both: i. 200 hours of classroom and laboratory training in the following areas:

K.2.a.i.(a). – M. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 18:34 (January 1992), amended LR 24:2106 (November 1998), amended by the
Office of Environmental Assessm ent, Environmental Planning Division, LR 26:2590 (November 2000), LR 30:1186 (June 2004), amended by the Office of Enviro nmental Assessment, LR 31:1061 (May 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 32:814 (May 2006), LR 34:983 (June 2008), LR 34:

This proposed rule has no known impact on family formation, stability, and autonomy as described in R.S.
49:972.

A public hearing will be held on September 25, 2008, at 1:30 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 Judith A. Schuerman, Ph.D., at the address given below or at (225) 219-3471. 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 RP050ft. Such comments must be received no later than September 25, 2008, at 4:30 p.m., and should be sent to Judith A. Schuerman, Ph.D., Office of the Secretary, Legal Affairs Division, Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 219-3398 or by e-mail to judith.schuerman@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 RP 050ft. This regulation is
available on the Internet at:

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

# LAC 33:III.523, 2107, 2108

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left blankLouisiana Register Vol. 34, No. 09 September 20, 2008 1903 RULE

Department of Envi ronmental Quality Office of the Secretary Legal Affairs Division

Performance Testing Notifications and Reports (LAC 33:III.523, 2107, 2108, 2511,

2521, 2531, and 5113)(AQ294)

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Air regulations, LAC 33:III.523, 2107, 2108, 2511, 2521, 2531, and 5113 (Log #AQ294).

This rule amends the variety of timeframes in the regulations for submitting reports of results following the completion of performance testi ng so that all reports are due 60 days after the completion of testing. The 60-day timeframe is consistent with other state policy testing requirements and with the majority of federal testing requirements. This rule also requires submittal of testing notifications to the department at least 30 days prior to testing, where testing is requ ired in the regulations. This requirement is alr eady located in several places in the regulations and is included as a general condition in all air permits issued by the department. These changes will make the regulations more consistent. Requiring all performance testing reports to be submitted within the same timeframe
reduces confusion for the re gulated community. Currently, the department receives many requests for extensions to submit test results, especially for test results that are due within 30 days of testing. Thirty days can be a difficult timeframe in which to prepare a report or results, especially for testing that involves several methods or scenarios. Increasing the timeframe will reduce the burden to facilities. Clearly stating that notifications are required where testing is required in the regulations also reduces confusion and makes the regulations more consistent throughout and with air permits issued by the department. The basis and rationale for this rule are to make the regulations more consistent and to incorporate into the regulati ons a requirement of all air permits issued by the department. 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.
Title 33 ENVIRONMENTAL QUALITY
Part III. Air Chapter 5. Permit Procedures §523. Procedures for Incorporating Test Results

A. – B.2. ...

3. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present. 4. Within 60 days of test completion, the administrative authority shall be given a report detailing the
conditions that were found to exist. If there is to be no permanent change in emissions from pretest conditions, that
should be stated. 5. If there is to be a pe rmanent change made that increases emissions, all appli cable requirements of this Chapter must be met. If emissions are to be reduced by the modification, the requiremen ts of LAC 33:III.511 are applicable.

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

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), amended by the Office of the Secr etary, Legal Affairs Division, LR 34:1903 (September 2008). Chapter 21. Control of Emission of Organic Compounds Subchapter A. General §2107. Volatile Organic Compounds

― Loading

A. – D.4. ...
E. Test Methods

1. Compliance with Subsection B of this Section shall be determined by applying the following test methods, as appropriate: a. Test Methods 1-4 (40 CFR Part 60, Appendix A, as incorporated by reference in LAC 33:III.3003) for determining flow rates, as necessary; b. Test Method 18 (40 CFR Part 60, Appendix A, as incorporated by reference in LAC 33:III.3003) for determining gaseous organic compounds emissions by gas chromatography; c. Test Method 25 (40 CFR Part 60, Appendix A, as incorporated by reference in LAC 33:III.3003) for determining total gaseous non-methane organic emissions as carbon; d. Test Method 25A or 25B (40 CFR Part 60, Appendix A, as incorporated by reference in LAC 33:III.3003) for determining total gaseous organic concentration using flame ionization or nondispersive infrared analysis; and e. flaring devices, which shall be designed and operated according to 40 CFR 60.18. 2. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present. 3. Within 60 days of test completion, a copy of the test
results shall be submitted to the Office of Environmental Assessment for review and approval.

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

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:74 1 (December 1987), amended LR 16:116 (February 1990), amended by the Office of Air Quality and Radiation Protection, LR 17:360 (April 1991), LR 22:1212 (December 1996), LR 24:20 (January 1998), amended by the
Office of Environmental Assessm ent, Environmental Planning Division, LR 26:1442 (July 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 34:1903 (September 2008). §2108. Marine Vapor Recovery

A. – E.5. ...

6. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department theLouisiana Register Vol. 34, No. 09 September 20, 2008 1904 opportunity to conduct a pretest conference and to have an observer present.

F. Reporting and Recordkeeping

1. The results of any tes ting done in accordance with Subsection E of this Section shall be reported to the Office of Environmental Assessment within 60 days of the test.

F.2. – H.2. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2054.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 14:704 (October 1988), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959 (November 1990), LR 22:1212 (December 1996), LR 23:1678 (December 1997), LR 24:20 (January 1998), LR 24:1285 (July 1998), amended by the Office of Environmental Assessment, Environmental Pla nning Division, LR 26:2452 (November 2000), LR 30:745 (April 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2439 (October 2005), LR 33:2085 (October 2007), LR 34:1903 (September 2008). Chapter 25. Miscellaneous Incineration Rules Subchapter B. Biomedical Waste Incinerators §2511. Standards of Perfor mance for Biomedical Waste

Incinerators

A. – E.6.e. ...

7. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present. 8. A copy of all monitoring and tests results shall be
submitted to the Office of Environmental Assessment for review and approval within 60 da ys of completion of testing.

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

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Qual ity Division, LR 20:1098 (October 1994), amended LR 21:1081 (October 1995), LR 22:1212 (December 1996), LR 23:1680 (December 1997), LR 24:1286 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Divisi on, LR 26:2455 (November 2000), amended by the Office of the Secr etary, Legal Affairs Division, LR 31:2442 (October 2005), LR 33:2089 (October 2007), LR 34:1904 (September 2008). Subchapter C. Refuse Incinerators §2521. Refuse Incinerators

A. – F.9.e. ...

10. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present. 11. A copy of all monitoring and tests results shall be
submitted to the Office of Environmental Assessment for review and approval within 60 da ys of completion of testing.

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

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:1100 (October 1994), amended LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 26:2456 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2443 (October 2005), LR 33:2089 (October 2007), LR 34:1904 (September 2008). Subchapter D. Crematories §2531. Standards of Perf ormance for Crematories
A. – I.1.f. ...

2. A copy of all test results shall be submitted to the
Office of Environmental Assessment for review and approval within 60 days of completion of testing.

J. – J.2. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2054.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:1107 (October 1994), amended LR 22:1127 (November 1996), LR 22:1212 (December 1996), LR 23:1509 (November 1997), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 26:2456 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2443 (October 2005), LR 33:2089 (October 2007), LR 34:1904 (September 2008). Chapter 51. Comprehensive Toxic Air Pollutant Emission Control Program Subchapter A. Applicability, Definitions, and General
Provisions §5113. Notification of Start-Up, Testing, and Monitoring

A. – A.2. ...
B. Emission Tests and Waiver of Emission Tests

1. The department may require any owner or operator
to conduct tests to determine the emission of toxic air pollutants from any source whenever the department has
reason to believe that an emission in excess of those allowed by this Subchapter is occurring. The department may specify testing methods to be used in accordance with good professional practice. The department may observe the testing. The Office of Environmental Assessment shall be notified at least 30 days prior to testing to afford the department the opportunity to conduct a pretest conference and to have an observer present. All tests shall be conducted by qualified personnel. The Office of Environmental Assessment shall be given a copy of the test results in writing signed by the person responsible for the tests within 60 days after completion of the test.
2. – 4.e. ... 5. Unless otherwise specified, samples shall be analyzed and emissions determ ined within 30 days after
each emission test has been completed. The owner or operator shall report the determinations of the emission test to the Office of Environmental Assessment by a certified letter sent before the close of business on the sixtieth day following the completion of the emission test.

B.6. – C.7. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 and 2060 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:1204 (December 1991), amended LR 18:1364 (December 1992), LR 23:59 (January 1997), LR 23:1658 (December 1997), amended by the Office ofLouisiana Register Vol. 34, No. 09 September 20, 2008 1905 Environmental Assessment, Envir onmental Planning Division, LR 26:2461 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2448 (October 2005), LR 33:2094 (October 2007), LR 34:1904 (September 2008).

Herman Robinson, CPM
Executive Counsel

0809#093

RULE

Department of Health and Hospitals
Board of Medical Examiners

Adjudication (LAC 46:XLV.9905)

Editor's Note: This Rule was printed in error on page 1625 of the August 20, 2008 Louisiana Register . The correct effective and promulgation date for this Rule is September 20, 2008.

Pursuant to the authority vested in the Louisiana State Board of Medical Examiners (Board) by the Louisiana Medical Practice Act, R.S. 37 :1261-1292, and in accordance
with the Louisiana Administ rative Procedure Act, R.S. 49:950 et seq., the board has amended LAC 46:XLV, Subpart 5, Chapter 99, §9905, of its rules of adjudication.
The amendments are set forth below.
Title 46
PROFESSIONAL AND OCCUPATIONAL
STANDARDS
Part XLV. Medical Professions Subpart 5. Rules of Procedure Chapter 99. Adjudication §9905. Notice of Hearing

A. Upon the filing of an administrative complaint pursuant to §9903, the board shall docket the complaint and schedule the complaint for hearing before the board not less than 45 days nor more than 180 days thereafter; provided, however, that such time may be lengthened or shortened as the board determines may be necessary or appropriate to protect the public interest or upon motion of the investigating officer or respondent pursuant to a showing of proper grounds. In the event that the respondent's license, permit, certification, or registration has been suspended by the board pending hearing, pursuant to R.S. 49:961(C), evidentiary hearing on the complaint shall be noticed and scheduled not more than 60 days from the date of suspension, unless respondent waives convening a hearing during such period.

B ... AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1270(B).

HISTORICAL NOTE: Promulgate d by the Department of Health and Hospitals, Board of Medical Examiners, LR 16:507 (June 1990), amended LR 34:16 25 (August 2008), repromulgated LR 34:1905 (September 2008).

Robert L. Marier, M.D.
Executive Director

0809#014 RULE

Department of Health and Hospitals
Board of Medical Examiners

Dispensation of Medications (LAC 46:XLV.6503, 6505, 6506, and 6515)

Editor's Note: This Rule was printed in error on page 1626 of the August 20, 2008 Louisiana Register . The correct effective and promulgation date for this Rule is September 20, 2008.

In accordance with the Louisiana Administrative Procedure Act, R.S. 49:950 et seq., the Louisiana State Board of Medical Examiners (board), pursuant to the authority vested in the board by the Louisiana Medical Practice Act, R.S. 37:1261-1292 and R.S. 37:1201, has amended its rules governing dispensation of medications, Title 46:XLV, Subpart 3, Chapter 65, §6503, §6505, §6506, and §6515. The amendments are set forth below.
Title 46
PROFESSIONAL AND OCCUPATIONAL
STANDARDS
Part XLV. Medical Professions Subpart 3. Practice Chapter 65. Dispensation of Medications Subchapter A. General Provisions §6503. Definitions

A. As used in this Chapter, the following terms and phrases shall have the meanings specified.

* * * Drugs of Concern —carisoprodol, dezocine, nalbuphine and tramadol and such other non-controlled substances, as defined by rule, which demonstrate a potential for abuse.

* * * AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1261-1292, R.S. 37:1201.

HISTORICAL NOTE: Promulgate d by the Department of Health and Human Resources, Board of Medical Examiners, LR 13:570 (October 1987), amended by the Department of Health and Hospitals, Board of Medical Ex aminers, LR 30:1193 (June 2004), LR 34:1626 (August 2008), repromulgated LR 34:1905 (September 2008). Subchapter B. Prohibitions, Sanctions and Exceptions §6505. Prohibitions

A. - D. ... E. Except as provided in §6506 of this Subchapter, a registrant shall not dispense any controlled substance or drug
of concern.

AUTHORITY NOTE: Promulgated in accordance with R.S.
37:1261-1292 and R.S. 37:1201.

HISTORICAL NOTE: Promulgate d by the Department of Health and Human Resources, Board of Medical Examiners, LR 13:571 (October 1987), amended by the Department of Health and Hospitals, Board of Medical Examiners, LR 34:1626 (August 2008), repromulgated LR 34:1905 (September 2008). §6506. Exceptions

A. Notwithstanding §6505.E of this Subchapter, a registrant may dispense up to a single 48 hour supply of a single controlled substance or drug of concern to a patient.

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## DEPARTMENT OF ENVIRONMENTAL QUALITY

PUBLIC HEARING

REGULATION DEVELOPMENT SECTION l



## 6 The Public Hearing conducted by the

7 Louisiana Department of Environmental

8 Quality Services taken at the 602 North 5th

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## 9 Street, Baton Rouge, Louisiana 7 0802 on

10 Tuesday, July 29, 2008 at 1:31 p.m.

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## Reported by.:

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## I N D E X



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MS. STEPHENS:



## Good afternoon. My name is

Sandy Stephens and I'm employed by

the Louisiana Department of

Environmental Quality. I will be

serving as the Hearing Officer this

afternoon to receive comments

regarding proposed amendments to the

Louisiana Environmental Quality

regulations, and to the state's air

quality state implement.ation plan.

The comment periods for these

amendments began on June 20, 2008,

when the notices of**int~nt** 

## were

published in the Louisiana Register.

The comment periods will close at

4:30p.m., August 5, 2008. It would

be helpful to us if all oral

comments received today were

followed up in writing.

This public hearing provides a

forum for all interested parties to

present comments on the proposed

changes

.. This hearing is not being

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## conducted in a question and answer

format. Please remember that the

purpose of this public hearing is to

allow you, the public, and

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 second amendment is

designated by the Log Number AQ294.

This rule will amend a variety

of time frames in the regulations

for submitting reports of results

following the completion of**perfor~ance** 

## testing so that all

reports are due 60 days after the

completion of testing. The 60-day

time frame is consistent with other

state policy testing requirements

and with the majority of federal

testing requirements.

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## This rule will also require

submittal of testing notifications

to the department at least 30 days

prior to testing, where testing is

required in the regulations. This

requirement is already located in

several places in the regulations

and is included as a general

'c. 

## condition in all air permits issued

by the department. These changes

will make the regulations more

consistent requiring all performance

testing reports to be submitted

within the same time frame reduces

confusion for the regulated

community.

Currently, the department

receives many requests for

extensions to submit test results,

especially for test results that are

due with 30 days of testing. Thirty

days can be a difficult time frame

in which to prepare a report of

results, especially for testing that

involves several methods or

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## scenarios. Increasing the time

frame will reduce the burden on

facilities. Clearly stating the

notifications are required where

testing is required in the

regulations also reduces confusion

and make the regulations more

consistent throughout and with air

permits issued by the department.

Does anyone care to comment on

this regulation?

If not, the hearing on AQ294 is

closed.

(The hearing was closed.)

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## I, Tar a Torres, ·c e r t if i e d court

Reporter, in and for the State of

Louisiana, the officer, as defined in Rule

28 of the Federal Rules of Civil Procedure

an"d/or Article 1434 (b) ,of the Louisiana

Code of Civil Procedure, before whom this

sworn**testim~ny** 

## was taken, do hereby state

on the Record:

That due to the interaction in the

spontaneous discourse of this proceeding,

dashes (--) have been used to indicate

pauses, changes in thought, and/or

talkovers; that same is the proper method

for a Court Reporter's transcription of

proceeding, and that the dashes (--) do not

indicate that words or phrases have been

left out of this transcript;

That any words and/or names which

could not be verified through reference

material have been denoted with the phrase

"(phonetic)."

Tara Torres, CCR Certified Court Reporter

ASSOCIATED REPORTERS, INC. (504) 529-3355\ 

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### C E R T I F I C A T E

This certification is valid only for a

transcript accompanied by my original signature and

original raised seal on this page.

That this testimony was reported by me in the

Stenomask method (voice-writing), was prepared and

transcribed by me or under my personal direction

and supervision, and is a true and correct

transcript to the best of my ability and

understanding;

That I am not related to counsel or to the

parties herein; am not otherwise interested in the

outcome of this matter; and am a valid member in

good standing of the Louisiana State Board of

Examiners of Certified Sh



### ASSOCIATED REPORTERS, INC. (504) 529-3355Acadiana's Daily Newspaper



# THE ADVERTISER RECEIVED



## JUN 2 3 2008

LDEQ/DSEC/LAD REGULATION DEVELOPMENT SECTION

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### LAFAYETTE, LA 70506 PHONE : ( 3 3 7) 2 8 9- 6 3 0 0 FAX: (337) 289-6466



## AFFIDAVIT OF PUBLICATION

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I, ROSE PENFOLD, do solemnly swear that I am the LEGAL CLERK of THE ADVERTISER,

a newspaper printed and published at Lafayette, in the Parish of Lafayette, State of Louisiana, and
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### NOTICE OF INTENT Department of Environmental Quality
Office of the Secretary Legal Affairs Division
Performance Testing Notifications and Reports (LAC 33:111.523,2107,2108,2511,2521,2531, and 5113) (AQ294)

was published in 

### THE ADVERTISER on the following dates:


### *Saturday, June 14, 2008

ROSE PENFOLD

LEGAL CLERK



### Sworn to and subscribed before

# m~this 17th day of June, 2008.1008538

. NOTICE OF INTENT

Department of Environmentill Quality Office of .the Secretary Legal Affairs DivisiQn

Performan2e**f~sting**

Notifications and Reports (LAC 33:111.523,2107, 2106, 2511, 2521,.2531;

and 5113) (AQ294)

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Ad· ministrative Procedure Act, R.S. 49:950 et seq., the secretary gives no- tice that rulemaking**r~i~fit~~r~~ ~~v:ndb1~~**  Air regulations, LAC··. 33:111.523, 2107, 2108, 2511, 2521, 2531, and 5113 (Log #AQ294).

This rule will amend .the variety of timeframes In the regulatiqns for submitting**repo~_ts** of**re~ults** !ol· lowing

.. the -completion of performance testing

so that all reports are**d~e** 60 days after the completion- of .'testing. The_ 60-day timeframe is consistent with other state policy testing re- quirements and

. with the majority of federal testing requirements. This rule will also re-' quire submittal of test· ing notifications to the department at least 30 days prior to testing, where testing is re- quired in the regulations. This require- ment is already located in several places in the regulations and is included as a general condition In all air per- mits issued by the de· partment. These changes will make the regulations more con- sistent. Requiring all performance testing reports to be' su.bmitted within the same timeframe reduces ·confusion for the regulated community. Currently, the department receives many re· quests for extensions
to submit test results, especially. for test re· suits that are due within 30 days of testing.

### 6nlr~~~~d~~~e~~~m~e**~~** which to prepare a re-· port or results, especially for testing that Involves several methods or scenarios. In· creasing

. the

· timeframe will reduce the burden to facilities. Cleafl\i'stating**J~~~** no:**tific<~tions** are reitt!ired ' where;. testing'; is'**~e** quired

, 

### w tlie:· regula' lions also 'reduces con' fusion and makes the regulations more con- sistent throughout and with. air permits issued by

.. the · 'department. The basis and rationale for this rule are to make the regulations

more consistent and to incorporate into the regulations a require-
ment of all air per.mits issued by the depart·
ment. This prop.og!d rule meets an excep· · lion· listed in ·. _R;S. · 30:2019( D)(2) and R.S. 49:953(G)(3); tnefe· fore, no report regard· i · n g ··
en vi ronmental/hea lth benefits and soCial/economic costs is required.

This proposed rule has no known impact

on family formation, stability, and· autono· my as described in R.S. 49:972.

A public hearing will be held on July 29, 2008, at 1:30 p.m. m the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, il.aton

.**Roug~,** LA· 70802: Interested : persons are invited to atterid and submit oral comments on the proposed amendments. Should ·individuals with

a disability need an ac- commodation In order
to pi\rticipate, contact Judith A. Schuerman, Ph. D., at the· address given below or at (225) 219·3550. Two hours of free parking are al· lowed in the Galvez Garage with a validat· ed parking ticket.

All interested per·

sons a·re invited to submit written comments

on the proposed regulation. Persons com· menting sho.uld refer· '

ence this proposed reg· ulation by AQ294. Such comments niust be received no tater than August 5, 2008; at· 4:30 p.m., and should be. sent to Judith A. Schuerman, Ph.D.; 0!· flee of the Secretary, Legal Affairs Division, Box 4302, Baton Rouge, LA · 70821·4302 or to FAX· (225) '219·3582 or by e-mail· to judith.schOehiran@Ja.g

ov. Copies of this-proposed regulation can be purchased bY con- tacting the DE.GI.Public ·Records

. Center at · (225) 219·3168:- Check

or money order is re-**q~ired** in adva'hce for each copy of AQ294: This regulation is available on the Inter- net

. at www.deq.louisiana.gov /portal/tabid/1669/defa ult.aspx.

This proposed regula· lion is available for in· spection at the following DEQ office locations from a a.m. until 4:30p.m.: 602 N. Fifth Street,

_ Baton Rouge, LA' 70802; 1823 _Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shre_veport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 111 New Cen- ter Drive, Lafayette, LA 70508; 110 Bara_taria street, Lock· port, LA 70374; .645 N. Lotus DriVe, Suire c, Mandeville, LA 70471.

Herman Robinson, CPM Executive Counsel

# CAPITAL CITY PRESS RECEIVED



## JUN 2 6 2008

Publisher of 

# THE ADVOCATE CERTIFIED. COPY LDEQ/OSEC/LAD REGULATION DEVELOPMENT SECTION



# PROOF OF PUBLICATION

The hereto attached notice was published in THE ADVOCATE,

a daily newspaper of general circulation published in Baton Rouge, Louisiana, and the official Journal of the State of Louisiana,

the City of Baton Rouge, and the Parish of East Baton Rouge, in the following issues:

06/14/08

Sworn and subscribed before me by the

person whose signature appears above:

June 

### 14, 2008



### My Commission Expires:
Baton. Rouge, Louisiana

DEQ- OSEC/LAD REG

REMENDER WEATHERSPOON

PO BOX 4302

BATON ROUGE LA 70821-4314 3901500 hetd**~~bJ~1Y ~~~q~88,~~~:~5** **BR0e~n ~~TI~c~v~~~f~;~~~e**  Room, 602 N. Fifth Street, Baton Rouge, LA 70802. Interested persons are invited to attend and sub- mit oral comments on the**~h~E?Jei~divi~'iiil~d:;;x~gtsa** disability need an accom- modation in order to partic-**?c'T,t~er;,~~:a~t,6~d~\h** th"e address given below or at f25) 219-3550. Two hours of**th~e &~r~~~g** **G"ii;ag~o;:;~~ i~**  validated parking ticket.

.

All interested persons are invited to submit writ- ten comments on the pro- posed. regulation. Persons commentmg should refit**f;~~e JDi'h8~~~~~'t~t';e~g~:**  ments must be received no later than August 5, 2008, at 4:30 p.m., and should be sent to Judith A. Schuerman, Ph.D., Office of**mei~i~c,r,et~~;~ ~~%~** **1 "s~~g~**  Rouge, LA 7 or to**~~ (22~&**  21 i**~~~e~:** man@la.gov. Copies of this proposed re%ulation can be**g,u~c~af~dPu~ligo~~ccJ~~~** Center at (225) 219-3168. Check or money order is required in advance for each copy of AQ294. This regulation is available on the Internet at www.dea.louisiana.gov/por tal/tabia/1669/detault.aspx

,3901509-jun 14-1! 

## /!-& ,.). LJ -l**~** .... ==

. '7

.. , 

# AFFIDAVIT OF PUBLICATION**L~** EO/OS EC/LI\D REGULATIDr-1 DEVELOPMENT SECTION

(A Correct Copy of Publication)

NOTIC.E OF INTENT

. · Department of Environmental Quality Office of the Secretary Legai Aff<!irs Division

Performance Testing

Notifications and Reports (LAC 33:lll.523, 2107, 2108, 2511, 2521; 2531,

and 5113) (AQ294)

Under the authority of the Environmental Quality

, Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Ad· ministrative Procedure Act, R.S. 49:950 et seq., the secretary gives no· tice· that. rulemaking procedures: have been initrated to· amend the Air regulations, LAC 33:111.523, 2107, 2108, 2511, "2521, 2531,' and 5113 (Log #AQ294).

This rule will amend the" variety

. of timeframes in··the reg· make the regulations

more consistent and to incorporate into the regulations a require· ment of all air permits issued by the depart· ment. This proposed rule meets an excep· tion listed in R.S. 30:2019(Dl (2) and R.S. 49:953(G)(3); there· fore, no report regard· ing environmental/ health benefits and social/economic costs is required.

This proposed rule has

no kno;vn impact on family formation, sta· bility, and autonomy

as described in R.S. 49:972.

A public hearing will be held on July 29, 2008; at 1:30 p.m. inthe 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 pro· posed amendments. Should individuals with

a disability ··need an ac·. commo.dation in order to participate, contact . ulations for submitting reports ·of results. fol· lowing the completion of performance .testing sd that a II reports are due ·60 days after the completion of testing. The 60·day timeframe is .consistent with other state policy testing re· quirements and with the majority of ·federal testing ·requirements. This rule will also re· quire submittal of test· ing notifications to the department at least 30 days prior to testing, where testing is re· quired in· the regula· tions. This require·· ment ..is afready local· ed in several places in the regulations and is included as a general condition in a it· air per· mits issued by the de· partment. These changes will make the regulations more con· sistent. Requiring all performance testing reports to be submitted ·Judith A. Schuerman, Ph. D., at the address given below or at (225) 219·3550. Two hours of free parking are al· lowed in the Galvez Garage· with a validat· ed parking ticket.·

within ·

. the same timeframe reduces confusion for· the regu· lated community. Cur· rently, the department receives many

. re· quests ·for extensions to submit test results, especially. for test re· suits that are due. with· in 30 days of testing. Thirty days can be a difficult· timeframe in which to prepare a re· port or resu Its, espe· cially for testing that involves several meth· ods or scenarios. In· creasing the timeframe will reduce the burden to facilities. Clearly stating that no· tifications are required where testing is re· quired in the regula· lions also reduces con· fusion and makes the. regulations more con· sistent throughout and with air permits;.issued by the department. The basis and rationale for this rule are. to All interested persons
are invited ·to submit written comments on the proposed regula· tion. Persons com·

menting should refer·

ence this proposed reg· ulation by AQ294. Such comments must be received no later than August 5, 2008, at 4:30 p.m., and sh.ould be sent to Judith A. Schuerman, Ph. D., Of· fice of the Secretary, Legal Affairs Division, Box 4302, Baton ·Rouge, LA 70821·4302 or to FAX (225) 219·3582 or by e·mail to judith.schuerman@la.g

ov. Copies of thi·s pro· posed regulation c.an be purchased by con· tacting the DEQ Public Records Center at (225) 219·3168. Check

or r11oney order is re· quired in advance for each copy of AQ294. This regulation is available on the Inter· net at www.deq.louisiana.gov /portal/tabid/1669/defa ult.aspx. 

### I, Harold Constance, Classified Sales Manager

of THE TOWN TALK, published at Alexandria,

Louisiana do solemnly swear that the

Public Notice (AQ294)

advertisement, as per clipping attached, was

published in the regular and entire issue of said

newspaper, and not in any supplement thereof

for one insertion( s) commencing with the issue

dated June 16, 2008 and ending with the

issue dated June 16, 2008.

# ~n~~~

Subscribed and sworn to before meThis

.. proposed reguli!· lion Is available for in· spectlon at the followIng DEQ. office Ideations ·from 

### -a :<tm. until .4:30 p. iri.: 602 "N. Flftli. Street,

.. Bii!ton: Rouge, LA'. 70802; 1823. Hl!;!h· way. 546, West. Monroe, LA.71292; state 'Office BullcUng, 1525 Fairfield Avenue; Sh.rev!!port, LA 71101; 1301**~adwall** Street, Lake Charles, LA 70615; 1)1.NeW Center Drive,

.. ·ta!ayette,

. LA 70508; ·

. 110 Barataria Street, Lockport, .LA .70374; 645 N. Lotus Drive, Suite. c, M\lndevllle, LA 70471.

HERMAN ROBINSON; CPM

.

. Executive**couns~l** (6) l6

# CERTIFIED COPY**~·** i

'\tl 

### ,\'\ 

## RECEIVED

NOTICE OF INTENT

Department of Environmental Quality Office of the Secretary Legal Affairs Division Performance Testing

Notifications and Reports (LAC 33:111.523,2107, 2108,2511,2521,2531, and 5113) (AQ294)

Under the authoritY of the Environmental Quality Act, R.S. 30:2001 et seq., and in accor- dance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secre- tary gives notice that rulemaking procedures have been initi.ated to amend the Air regulations, LAC 33: 111.523, 2107, 2108, 2511, 2521, 2531, and 5113 (Log #AQ294).

, This rule will amend the variety of timeframes in the regulations for submitting re- ports of results following the completioo .of performance testing so that all reports are du'e 60 days after the cqmpletion' of testing,· The 60-dciy timeframe is con- sistent with other state policy testing requirements and with the ma- jority of federal testing requirements. This rule will also require submittal of testing notifications to ·the department at least 30 days prior to testing, where testing is required in the r.egulations. This requirement is already located in several places in the regulations and is included as a general con- dition in all air permits issued by the department. These changes will make the regulations more consistent. Requiring all perforrp-

ance testing reports to be submitted within the

same timetrame,, re- duces confusion for the re'g'olated communitY· CurrentlY,. the depa·rtment receive's manY./e· quests for extensions to submit test results, es- pecially for test results that are due within 30 days of testing. Thirty days can be a difficult timeframe in whi.ch to prepare a report or re- sults, especiallY for testing that involves**sev~ral** methods or scenanos.· Increasing the timeframe will reduce the burden to· foci I ities. ClearlY stating that notifications are required, where testing is re- quired in the regulations also reduces confusion and makes the regulations more consistent throughout and with air permits issued by the department. The basis and rationale for this rule are to make the regulations more consistent and to incorporate into the regulations a re- quirement of all air per-**~** 

# Affidavit of Publication

STATE OF LOUISIANA

Parish of Calcasieu 

## JUN 2 3·2008

LDEQJOSEC/lJ\D REGUlATION DEVELOPMENT SECTION 

# i efo e me the**u~dersigned autho~ty,**  

### personally came and appeared



# U$n

ho being du y sworn,

He/She is a duly authorized agent of 

### LAKE CHARLES AMERICAN PRESS

a newspaper published daily at 4900 Highway 90 East,

Lake Charles, Louisiana, 70615. (Mail address: P.O. Box 2893 Lake Charles, LA 70602)

The attached Notice was published in said newspaper in its issue(s)
dated:

00453862

- $46.00 At).:24'"'-/



### June 17, 2008

# ~~~ Duly Authorized Agent

Subscribed and sworn to before me on this 17th day of June, 2008 at
Lake Charles, LA

00053262

LDEQ-OSEC-LAD',

m its issued by the depa-rtment. This pro- posed ruleme#s an ex- ce):ffion list,ed im R.S. 30:2Ql\9.CDJ (2) and R.S. 49:953(GJ (3); therefore,

no report regarding en- vf(i:n1mental/hea lth ' ' bel'ielits and sdcial(ecp- nohilc cpsts is required.' ,.This. P.ro/:iqsed Jble;has no''ki\()W'n' 'imi:>act on familY formation, stability, and autonomy as described in R.S. 49:972.

A pUolic:hecirin9 will be held on July 29, 2008,
at 1 :30 p.m. in the Galvez Building, Oliver Pollock'''· -Conference Room,· 602 N•:- Fifth streeti- Baton Rouge, LA**Z0802••~:1:ri',ferested** per-**sons-:a·~~-inVited** to at- tend ahd ·submit oral
comments on the pro- posed amendments. Should individuals With

a dfsqoi'f!tY need an ac- I co[)imodg;iionJri;oraer to pqr,jleiJ?CttEli contact Judith> A':.;. S.thuerman1**Pn:p·;ya:t>tr~ ?.dctrl;l~~**  given below 6r at (225) 219-3550. TWo hours· of free parking ore allowed in the Galvez Garage with a validqted parking· ticket. · '':" ·

Ali ·inte·restel:l' persons

are iiivifed 'to stibniif written·:'comments··an the''propo'sed. regulation;' Persons· commenting should reference this pniposed regu lotion bY AQ294.( Such comments must-· be ·received no later· thdn'August 5, 2008;' aF4:3o./itm'.: and shii\Hq**p~** se(it to'J!Jdith A. Schli.e,rman_, 'Ph.[)., Office of the Secretary, Legal Affairs Division,

### E~x7rim:4~o~t~?**foo~~5<-** <225) \**219.~3~~2** .. gi"_**-~y** e'rnail;to'illdith.scl:luet, r\1an@lci;gov·,: Copies ot**tilis'propo~e-cr** hi9ulatio'h

can,: be

.. purchased 

### 'ov ccintadii\9' 'the" DEQ Public Records Center
at (225) .:219.3168-'i Check

or mon.e

.. y-orqer 1 is re,. qui red iin advance for each ,copy of AQ294: This r-egu'lation -is' Civai I able

on .tile :·

. .Internet.' at www;qeq;jciujsion·a.gov/**portal/tabid/1669/d~~** fault.aSPXf• -.• ;.,<-**Thi~** proposj'!d regyla· tion is available fo'r lnspectior'\' at the 'followii19 DEQ Office**lcicatr:on~** from 8 d.m'; Uiitil 4:_30 p. 11'1:':-

. '602-''N. Fifth street, Bdtbh Rouge;' LA 70802; 1823·Highway 546, West Monroe, LA 712921 State Office Building, 1525 FairtieJd Avenu·e, Shreveport, LA 71101; B01 G'ctdwall street, Lake Charles, LA70615; mi'Jew·cEinter_brtve; Lafayette;. ,LA' ,70508; '1)0 Baratcir'io Street, ·tackport, LA'.70n4J645 N, Lotys**P~iy,e;*:suife** c, Mandevillr;**~b/0471. Herma~** **~oilirlhon,** cj:itvi**E:x~cutive'counsel** lt**~~TENT** Department of Envi· ronmcntal Qttality Ofliceof the Secretary Legal Affairs Oivlslon

Performance Testing· Nolificatlonsand Re- ports fLAC33:11t.sn,no7, 710S,7511,2S11,25J1. and 5113)**(AQ29~l**

Under the author] !yo! the Envlronmen· till oualityAct, R.s.**30:2001etse~:~** •• andin accordance with the provisiansof !heAd· ministrative Procedure Act, R.s.**~9:950** et seQ,.lher.ecretarygtvesnollcethatrulemah:lng procedures have been· initiated to amend the Air regulations, LAC 1**;~w.~.Nk mt** **~~~·** 5113 1Log#AQ294),

This rule will ilmendthevarietyof

due60daysafferlhe completion of testing. The60·dayl!meframe isconslstcntwitholher

state policy test**in~** re- quirements and with the majorllyoJ lederal tes!Jngreqlllremenls. Thlsrulewlll alsore· qulresubmitta!oftest· !ng notlffcalionslolhe deparlmenlalleasiJO daysprlortotesting,wheretestlnglsre**Quir~tl** in the regula·llons.ThlsreQulremertlsalread local·

whichtoprepareare-, portorresulls,espe•**f~~~rv~~,s~e;~~~1** ;:;:t'nedpai-klngUckel.

All interested per·

sons are invlledlosub-

, mltwrl11encommenls onlheproposedregu· lation.Personscom· menlingshouldreter·encelllisproposedregulalion by**AQ29~.** Such comments must be received no later than August5,21IOS. at 4:30p.m., and should

bye·malllo judlth.schuermanflla.g

ov. Copies of lhlspro- posedregulatloncanbepurchasedbycontactin91he DEQ Public Records Center a! C22S)219-316B.CheckormonevortlerlsreQulredlnal:!vancefor each COPY of**AQ29~. r~~~~~~f~~~~r~e** **tnter-** netal www.deQ.Ioulslana.gov /portal/tabld/1669/defa ,ull.aspx.

odsorscenarios.ln· creasing the Herman Robinson,
llmelrame will reduce CPM theburtlentofacllllies. Clearly slating lhatno- tificatlonsarerequired ExecutlveCounsel whereles!mglsre- ' 'guiredlnlheregula·

, . Monroe, LA honsalsoreducescon· Junel9,2008 fusionantlmakeslhe

'**~Fs~~~~~~h~~u~~~~~c~~d** · wilhalrpermilsissued by the department.

: The basis and rationale for!hisrulearelo make the regulations

more**~onsistent** and to lncorporateinlothe · 'reguliitlonsarequlre- 'mentolallalrpermlls
! issuedbythedeparl·

: menl. This proposedrulemeetsanexcepllon lisledlnR.S. 30:1019(0)(1) and R.s,**~9:9SJ(G)** (J); there·fore,norenorlre9ardlng

. environmental/health benetilsand social/economic costs is required.

Thlsprcposedrule has noknownlmpacton famllyformallon,sta· billty,andautonomy ·. asdescrlbedlnR.S,**~9:972.**

A public hearing wlllbeheldonJuly29, 2008,a11:30p.m.lnthe Galvt>t Building, Oliver "Pollock Ccnference**Ro~m,** 602N. Fifth**(~eidSo~.atlonnle~g~pc~** personsarelnviledlo attendandsubmltoralcommentscntheproposedamendments. Should individuals withadisabi!ilyneedanac

## RECEIVED



## JUN 1.,9 ZOOB

LDEQ/OSEC/LAD REGULATION DEVELOPMENT SECTION 

# A-&27'-1

Publisher of

THE NEWS-STAR MONROE, LOUISIANA
PROOF OF PUBLICATION

The hereto attached advertisement

was published in the NEWS-STAR,

a daily newspaper of general circulation.

on June 19, 2008**~Notte~ :gFj!,NJ'·~~**  

# t·:

! Department of .• Eh.vironmental Quality: Office of the**Secretary~** Legal Affairs Division

,
iPerforniance Testingi; ']Notifications and ; Reports : ](LAC 33:111.523, 2107,] ti108, 2511, 2521, 2531,> land· 5113) (AQ294)

; Undertheauthori-'**~y** of the**Environmen-~ ~al**  Quality Act, R.S, lJ0:2001 et seq., and in! '!accordance with the Pf.QYi.sL9Ds. 91**J.h~** A<;t-; •

....... ___ .,, ......... ! ministrative Procedure Act, R.S. 49:950 et seq.,j**~he** secretary gives no" tice that rulemaking procedures have beef1 !initiated to amend**th~ ~ir**  regulations, LAC**~~:111.523,** 2107,**2108~1** 2511, 2521, 2531, ana i5113 (Log #AQ294). !

.. This rule -Willi 'amend the variety**o~ ~i**  mefra mes

. in the reg-1
1 u I ations for subm itti**n~** 'reports of results fos .\1owi11g

.. the c;qmplet!OP pf performance testm

I ;

## ~~~etht<i.**~- a.** **\~j~~r~~ ;~h** 

. omplet1on

.. of :testmg.

:·· hec·6o:'Oay tirqefrC!m .i; s ccihsistent with otrl'e ·· 

# :.;**t~?~~~~$¥:4~~y,r,~~m;** 

# ,,
1 he majoritY of federal**~esting** req_uirements rrhis .'rule··•.WIII :also• .re '**~uire** su. bmitta.l of**test~** ling notifications to th klepartment at least 3 bays prior to. testing where '!'resting'

.. is·. ,.cell kjuired ··m ·the-**reg~lall ~ions.**  This**requ1re~** ;ment is already locat ed in several places in**~he** regulations and il
'I !included as

. a general
k:ondi.t.ion in aU' air per 

## I
]mits issued by the··de

· partment

.. ·' · Thes**~hanges** will

.. make the i

: ]re.gulatio.ns··· ·m. o. re.·

### ton·~ 1 lsistent.· :· Requiring all

.

, lperformimce·

.. testin ' '\::ports.to be submitte**~i~~~~ainethe reJ~~**  lconfu.sioif for the**regu~­** ilated community. Cur •rently, the departmen ]receives many re f.:luests for**extension~ ~o**  submit test results,[ ·especially .for test re-**~ults** that are due with lin 30 days of -testing. \Thirty•·days can be •a l:lifficult timeframe · in**~hich** to prepare a re ' !port or results, espe

1 : k:ially for testing tha ·

!involves several meth-: bds or scenarios. lnj 1 icreasrng ·the 

# PROOF OF PUBLICATION

STATE OF LOUISIANA

PARISH OF CADDO 

## RECEIVED



## JUN 

# 3 0 2008

LDEQ/OSEC/LAD REGULATION DEVELOPMENT SECTION



### Before me, the undersigned authority, personally came and appeared

Altheas Critton personally known to me,

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

Classified Advertising Manager of The Times, and that the attached

Advertisement entitled:

NOTICE OF INTENT Department ofEnvironmental Quality Legal Affairs Division (AQ294)

As per copy of advertisement hereto annexed, was published in

The Times on the following dates to wit:

January 14, 2008

(Signed)

# aftk~**~**

Sworn to and subscribed before me this 16th day of June, 2008



# r

. .

DIANA W.BARBER, NOTARY PUBLIC# 60491
CADDO PARISH, LOUISIANA

MY COMMISSION IS FOR LIFE 

### (Notary)

### ·.·~**_.,_~...;;.**

# ~he**~itttes-iflicaJ!Uttt** RECEIVED



## JUN 2 6 

# 2008

LDEQ/OSEC/LAD REGULATION DEVELOPMENT SECTION

--- -------···-··-·--····-- -· ----- ·- ----------- -- ··-···-·-· ------------------- 3800 HOWARD AVENUE, NEW ORLEANS, LOUISI11NA 70140-1097 TELEPHONE (504) 826-3206

NOTICE OF INTENT This proposed rule has no known Department of Environmental Impact on familY formation, sta- QualltY blllty, and autonomy as descri- Offlce of the Secrotary bed In R.S. 49;972.
Legal Affairs Division ' A public hearing will be held on**Perfor~ ~c~~J~~~~~~tlflca~**  ;**{f~fv~i· -~~~~~~~~.** **16~v~·~p6~~~~~** (LAC 33:111.523. 2107,2108, 2511, 

## I Conference Room, 602 N.**o~~~h** 2521,2531, and 5113) (AQ294) i**r~f~~~st~~tg~rsRoon~g!reL~vited** to

, Under the authority of the Envl-

1 attend and submit oral com- i ronmental Quality Act, R.S.**~** ments on the proposed amend-

30:2001 et seq., and 1n accord- ments. Should Individuals with a
ance with the provisions of the dlsab111ty need an accommoda-**~.~~!~~~~~t!~~e:.~~~~d~;~re~~ ~~** **c1 ~~g~t~er.t~6h** **u~~~a~.ep~~g:** gives notice that rulemaklng at the address given below or at procedures have been Initiated (225) 219-3550.

. Two hours of to amend the Air regulations,· free parking are allowed In the LAC 33:111.523, 2107, 2108, 2511, Galvez Garage with a validated 2521, 2531, and 5113 (Log: parKing ticKet.
#A0294). [ All Interested persons are Invited**~~~t~~~~~a~~s a~~~g~** **:~~ui:ft g~~**  !**i~esug~~o~~~tte~gcu~~\6~~tsP~~** for submitting reports of results sons commenting should referfollowing the completion of Per- formance testing so that all re- : ports are due 60 days alter the completion of testing. The 60- day time frame Is consistent with other state policy testing re- quirements and with the maJori- ty of federal testing require- ments. This rule will also require submittal of testing notifications to the department· at least 30 days prior to testing, where test- Ing Is required In the regulations. This requirement Is already lo- cated In several places In the regulations and Is Included as a I ;cncro.l coridltlon ln all air Per- mits Issued by the department. These changes will make the regulations more consistent. Re- quiring all performance testing reports to be submitted within ence this Proposed regulation by AQ294. such comments must be received no later than August 5, 2008, at 4:30 p.m

.. and should be sent to Judith A. Schuerman, Ph.D., Office of the Secretary, Le- gal Affairs Division, Box 4302, Baton Rouge, LA 70821-4302 or to FAX (225) 219-3582 or by e-mail to )udlth.schuerman@la.gov. Copies of this proposed**reg~.;la** tlon can be purchased by con- tacting the DEQ Public Records Center at (225) 219-316B. Check

or money order Is required In ad-

vance for each copy of A0294. This regulation Is available on the Internet at www.deq.loulslana.gov/portal/t ab ld/1669/ de tau lt.aspx

..**~~fu~f~efo~ fg~f~:~~at~~d~g~:**  This proposed regulation Is munlty. Currently, the depart- available for Inspection at the ment receives many requests for following DEQ office locations extensions to submit test re- from 8 a.m. until 4:30 p.m.: 602 suits, especially for test results I N. Fifth Street, Baton Rouge, LA that are due within 30 days of 70802; 1823 Highway 546, West testing. Thirty days can be a dlf- Monroe, LA 71292; State Office flcult tlmeframe In wr.lch to pre- Building, 1525 Fairfield Avenue, pare a report or results, espe- Shreveport, LA 71101; 1301 Gad- cially for testing that Involves wall Street, Lake Charles, LA several methods or scenarios. 70615; 111 New Center Drive, La- lncreaslng the tlmeframe will re- fayette, LA 70508; 110 Barataria duce the burden to facilities. Street, LocKport, LA 7037 4; 645 N. Clearly stating that notifications Lotus Drive, Suite C, Mandeville,

are required where testing Js re- LA 70471.**~~~:~ ~~~~jsj;~u~~~o~sa~~sso** **{;~·** .' regulat:ions more consistent throughout ·and with air permits Issued by the department. The basis and rationale for this rule

are to make the regulations.

more consistent and to Incorpo- rate into the regulations a re- ; qulrement of all air permits Is· ' sued by the department. This

: proposed rule meets an excep- 

### '**~~g ~~t·~siM(~Af:'1~~~~~b~~~** **~** no report regarding environmental/health benefits

, and social/economic costs Is re-

, qulred. Herman Robinson, CPM Executive Counsel 

# \

I attest that the copy attached hereto as "Exhibit A" is a tme and correct copy of the advertisement published in The

Times Picayune on these dates. State of Louisiana

Parish of Orleans

City of New Orleans

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

### Chiasson who deposes and

says that he is the Accounts Receivable Manager, of The Times-Picayune Publishing Corporation, a Louisiana Corporation, Publishers of The Times-Picayune, Daily and Sunday, of general circulation; doing business in the City

ofNew Orleans and the State of Louisiana, and that the

attached LEGAL NOTICE

Re:Notice oflntent Department of Environmental Quality

Perfonnance Testing Notifications and Reports (AQ294)

Adve1iisement of Office ofEnvironmental Quality

P.O. BOX 4303

Baton Rouge, La. 70821

Was published in The Times Picayune

3800 Howard Ave.

New Orleans, La. 70125

On the following dates June 20, 2008

20th

My commission expires at my death.

Charles A. Ferguson, Jr.

Notary identification number 23492

### FINAL RULE/September 20, 2008 AQ 294

1 Title 33 ENVIRONMENTAL QUALITY

Part III. Air

Chapter 5. Permit Procedures §523. Procedures for Incorporating Test Results
A. – B.2. ...
3. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present.

4 3

. Within 60 30 days of test completion, the administrative authority shall be given a report detailing the conditions that were found to exist. If there is to be no permanent change in emissions from pretest conditions, that should be stated.

5 4

. If there is to be a permanent change made which that increases emissions, all applicable requirements of this Chapter must be met. If emissions are to be reduced by the modification, the requirements of LAC 33:III.511 are applicable. AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.
HISTOR ICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), amended by the Office of the Secretary, Legal Affairs Division, LR 34:**.

Chapter 21. Control of Emission of Organic Compounds Subchapter A. General §2107. Volatile Organic Compounds—Loading
A.

– D.4.

... E. Test Methods.
1. Compliance with Subsection B of this Section shall be determined by applying the following test methods, as appropriate:

1

. a. Test Methods 1-4 (40 CFR Part 60, Appendix A, as incorporated by reference at in LAC 33:III.3003) for determining flow rates, as necessary;
2. b

. Test Method 18 (40 CFR Part 60, Appendix A, as incorporated by
reference at in LAC 33:III.3003) for determining gaseous organic compounds emissions by gas chromatography;
3. c. Test Method 25 (40 CFR Part 60, Appendix A, as incorporated by
reference at in LAC 33:III.3003) for determining total gaseous non-methane organic emissions as carbon;
4. d

. Test Method 25A or 25B (40 CFR Part 60, Appendix A, as incorporated by reference at in LAC 33:III.3003) for determining total gaseous organic concentration using flame ionization or nondispersive infrared analysis; and

5. e. flaring devices, which shall be designed and operated according to
40 CFR 60.18.
2. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present.

3. Within 60 days of test completion, a copy of the test results shall be

### FINAL RULE/September 20, 2008 AQ 294

2 submitted to the Office of Environmental Assessment for review and approval.

F.

... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987),
amended LR

16:116 (February 1990), amended by the Office of Air Quality and Radiation Protection, LR 17:360 (April 1991), LR 22:1212 (December 1996), LR 24:20 (January 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:1442 (July 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 34:**.

§2108. Marine Vapor Recovery
A. – E.5. ...
6. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present.

F. Reporting and Recordkeeping 1. The results of any testing done in accordance with LAC
33:III.2108. Subsection E of this Section shall be reported to the Office of Environmental
Assessment within 60 45 days of the test.

F. 2.

– H.2. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 14:704 (October 1988), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959 (November 1990), LR 22:1212 (December 1996), LR 23:1678 (December 1997), LR 24:20 (January 1998), LR 24:1285 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2452 (November 2000), LR 30:745 (April 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2439 (October 2005), LR 33:2085 (October 2007), LR 34:**.

Chapter 25. Miscellaneous Incineration Rules Subchapter B. Biomedical Waste Incinerators §2511. Standards of Performance for Biomedical Waste Incinerators
A.

– E.6.e. ...

7. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present.
8 7

. A copy of all monitoring and tests results shall be submitted to the Office of Environmental Assessment for review and approval within 60 45 days of completion of testing.

F. – L.

... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.
HISTOR ICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:1098 (October 1994), amended LR 21:1081 (October 1995), LR 22:1212 (December 1996), LR 23:1680 (December 1997), LR 24:1286 (July 1998), amended by the Office of Environmental

### FINAL RULE/September 20, 2008 AQ 294

3 Assessment, Environmental Planning Division, LR 26:2455 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2442 (October 2005), LR 33:2089 (October 2007), LR 34:**.

Subch apter C. Refuse Incinerators §2521. Refuse Incinerators
A. – F.9.e.

... 10. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present.

11 10

. A copy of all monitoring and tests results shall be submitted to the Office of Environmental Assessment for review and approval within 60 45 days of completion of testing.
G. – H.

... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:1100 (October 1994), amended LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2456 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2443 (October 2005), LR 33:2089 (October 2007), LR 34:**.

Subch apter D. Crematories §2531. Standards of Performance for Crematories
A. – I.1.f.

... 2. A copy of all test results shall be submitted to the Office of Environmental
Assessment for r eview and approval within 60 45 days of completion of testing.

J.

– J. 2. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:1107 (October 1994), amended LR 22:1127 (November 1996), LR 22:1212 (December 1996), LR 23:1509 (November 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2456 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2443 (October 2005), LR 33:2089 (October 2007), LR 34:**.

Chapter 51. Comprehensive Toxic Air Pollutant Emission Control Program Subchapter A. Applicability, Definitions, and General Provisions §511 3. Notification of Start-Up, Testing, and Monitoring
A. – A.2. ...

B. Emissi on Tests and Waiver of Emission Tests 1. The department may require any owner or operator to conduct tests to
determine the e mission of toxic air pollutants from any source whenever the department has reason to believe that an emission in excess of those allowed by this Subchapter is occurring. The department may specify testing methods to be used in accordance with good professional practice. The department may observe the testing. The Office of Environmental Assessment shall

### FINAL RULE/September 20, 2008 AQ 294

4 be notified at least 30 days prior to testing to afford the department the opportunity to conduct a pretest conference and to have an observer present. All tests shall be conducted by qualified personnel. The Office of Environmental Assessment shall be given a copy of the test results in writing signed by the person responsible for the tests within 60 45 days after completion of the

test.
2. – 4.e. ... 5. Unless otherwise specified, samples shall be analyzed and emissions
determined withi n 30 days after each emission test has been completed. The owner or operator shall report the determinations of the emission test to the Office of Environmental Assessment by
a certified letter sent before the close of business on the sixtieth forty

- fifth day following the completion of the emission test.

B. 6.

– C.7. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 and 2060 et

seq. HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:1204 (December 1991), amended L R 18:1364 (December 1992), LR 23:59 (January 1997), LR 23:1658 (December 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2461 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, L R 31:2448 (October 2005), LR 33:2094 (October 2007), LR 34:**.Louisiana Register Vol. 34, No. 06 June 20, 2008 1143 This proposed rule has no known impact on family formation, stability, and autonomy as described in R.S.
49:972.

A public hearing will be held on July 29, 2008, at 1:30 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 Judith A. Schuerman, Ph.D., at the address given below or at (225) 219-3550. 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 MM008. Such comments must be received no later than August 5, 2008, at 4:30 p.m., and should be sent to Judith A. Schuerman, Ph.D., Office of the Secretary, Legal Affairs Division, Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 219-3582 or by e-mail to judith.schuerman@la.gov. Copies of this proposed regulation can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for each copy of MM008. This regulation is available on the Internet at www.deq.louisiana.gov/portal/tabid/1669/default.aspx.

This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70 615; 111 New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 645 N. Lotus Drive, Suite C, Mandeville, LA 70471.

Herman Robinson, CPM
Executive Counsel

FISCAL AND ECONOMIC IMPACT STATEMENT
FOR ADMINISTRATIVE RULES RULE TITLE: Environmental Quality

I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) There will be no significan t implementation costs or savings to state or local governmental units because of the proposed rule. The proposed rule makes technical changes to correct miscellaneous typographi cal, grammatical, punctuation, and numbering errors or omissi ons; and clarifies terms and
definitions consistent with cu rrent administrative practice.
II. ESTIMATED EFFECT ON REVE NUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)
There is no estimated effect on revenue collections of state or local governmental units resulting from the proposed rule.
III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO
DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) There will be no significant co sts and/or economic benefits to directly affected persons or non-governmental groups because of the proposed rule.
IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) There is no estimated effect on competition or employment because of the proposed rule. Herman Robinson, CPM H. Gordon Monk Executive Counsel Legislative Fiscal Officer

0806#015 Legislative Fiscal Office

NOTICE OF INTENT

Department of Envi ronmental Quality Office of the Secretary Legal Affairs Division

Performance Testing Notifications and Reports (LAC 33:III.523, 2107, 2108, 2511,

2521, 2531, and 5113)(AQ294)

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaking procedures have been initiated to amend the Air regulations, LAC 33:III.523, 2107, 2108, 2511, 2521, 2531, and 5113 (Log #AQ294).

This rule will amend the variety of timeframes in the regulations for submitting reports of results following the completion of performance testi ng so that all reports are due 60 days after the completion of testing. The 60-day timeframe is consistent with other state policy testing requirements and with the majority of federal testing requirements. This rule will also require submittal of testing notifications to the department at least 30 days prior to testing, where testing is requ ired in the regulations. This requirement is alr eady located in several places in the regulations and is included as a general condition in all air permits issued by the department. These changes will make the regulations more consistent. Requiring all performance testing reports to be submitted within the same timeframe
reduces confusion for the re gulated community. Currently, the department receives many requests for extensions to submit test results, especially for test results that are due within 30 days of testing. Thirty days can be a difficult timeframe in which to prepare a report or results, especially for testing that involves several methods or scenarios. Increasing the timeframe will reduce the burden to facilities. Clearly stating that notifications are required where testing is required in the regulations also reduces confusion and makes the regulations more consistent throughout and with air permits issued by the department. The basis and rationale for this rule are to make the regulations more consistent and to incorporate into the regulati ons a requirement of all air permits issued by the department. This proposed rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding
environmental/health benefits and social/economic costs is required.
Title 33 ENVIRONMENTAL QUALITY
Part III. Air Chapter 5. Permit Procedures §523. Procedures for Incorporating Test Results

A. – B.2. ...

3. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present.Louisiana Register Vol. 34, No. 06 June 20, 2008 1144 4. Within 60 days of test completion, the administrative authority shall be given a report detailing the
conditions that were found to exist. If there is to be no permanent change in emissions from pretest conditions, that
should be stated. 5. If there is to be a pe rmanent change made that increases emissions, all appli cable requirements of this Chapter must be met. If emissions are to be reduced by the modification, the requiremen ts of LAC 33:III.511 are applicable.

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

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), amended by the Office of the Secr etary, Legal Affairs Division, LR
34: Chapter 21. Control of Emission of Organic Compounds Subchapter A. General §2107. Volatile Organic Compounds

― Loading

A. – D.4. ...
E. Test Methods

1. Compliance with Subsection B of this Section shall be determined by applying the following test methods, as appropriate: a. Test Methods 1-4 (40 CFR Part 60, Appendix A, as incorporated by reference in LAC 33:III.3003) for determining flow rates, as necessary; b. Test Method 18 (40 CFR Part 60, Appendix A, as incorporated by reference in LAC 33:III.3003) for determining gaseous organic compounds emissions by gas chromatography; c. Test Method 25 (40 CFR Part 60, Appendix A, as incorporated by reference in LAC 33:III.3003) for determining total gaseous non-methane organic emissions as carbon; d. Test Method 25A or 25B (40 CFR Part 60, Appendix A, as incorporated by reference in LAC 33:III.3003) for determining total gaseous organic concentration using flame ionization or nondispersive infrared analysis; and e. flaring devices, which shall be designed and operated according to 40 CFR 60.18. 2. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present. 3. Within 60 days of test completion, a copy of the test
results shall be submitted to the Office of Environmental Assessment for review and approval.

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

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:74 1 (December 1987), amended LR 16:116 (February 1990), amended by the Office of Air Quality and Radiation Protection, LR 17:360 (April 1991), LR 22:1212 (December 1996), LR 24:20 (January 1998), amended by the
Office of Environmental Assessm ent, Environmental Planning Division, LR 26:1442 (July 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 34: §2108. Marine Vapor Recovery

A. – E.5. ...

6. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present.

F. Reporting and Recordkeeping

1. The results of any tes ting done in accordance with Subsection E of this Section shall be reported to the Office of Environmental Assessment within 60 days of the test.

F.2. – H.2. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2054.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 14:704 (October 1988), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959 (November 1990), LR 22:1212 (December 1996), LR 23:1678 (December 1997), LR 24:20 (January 1998), LR 24:1285 (July 1998), amended by the Office of Environmental Assessment, Environmental Pla nning Division, LR 26:2452 (November 2000), LR 30:745 (April 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2439 (October 2005), LR 33:2085 (October 2007), LR 34: Chapter 25. Miscellaneous Incineration Rules Subchapter B. Biomedical Waste Incinerators §2511. Standards of Perfor mance for Biomedical Waste

Incinerators

A. – E.6.e. ...

7. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present. 8. A copy of all monitoring and tests results shall be
submitted to the Office of Environmental Assessment for review and approval within 60 da ys of completion of testing.

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

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Qual ity Division, LR 20:1098 (October 1994), amended LR 21:1081 (October 1995), LR 22:1212 (December 1996), LR 23:1680 (December 1997), LR 24:1286 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Divisi on, LR 26:2455 (November 2000), amended by the Office of the Secr etary, Legal Affairs Division, LR 31:2442 (October 2005), LR 33:2089 (October 2007), LR 34: Subchapter C. Refuse Incinerators §2521. Refuse Incinerators

A. – F.9.e. ...

10. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present. 11. A copy of all monitoring and tests results shall be
submitted to the Office of Environmental Assessment for review and approval within 60 da ys of completion of testing.

G. – H. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2054.Louisiana Register Vol. 34, No. 06 June 20, 2008 1145 HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:1100 (October 1994), amended LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 26:2456 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2443 (October 2005), LR 33:2089 (October 2007), LR 34: Subchapter D. Crematories §2531. Standards of Perf ormance for Crematories
A. – I.1.f. ...

2. A copy of all test results shall be submitted to the
Office of Environmental Assessment for review and approval within 60 days of completion of testing.

J. – J.2. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2054.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:1107 (October 1994), amended LR 22:1127 (November 1996), LR 22:1212 (December 1996), LR 23:1509 (November 1997), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 26:2456 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2443 (October 2005), LR 33:2089 (October 2007), LR 34: Chapter 51. Comprehensive Toxic Air Pollutant Emission Control Program Subchapter A. Applicability, Definitions, and General
Provisions §5113. Notification of Start-Up, Testing, and Monitoring

A. – A.2. ...
B. Emission Tests and Waiver of Emission Tests

1. The department may require any owner or operator
to conduct tests to determine the emission of toxic air pollutants from any source whenever the department has
reason to believe that an emission in excess of those allowed by this Subchapter is occurring. The department may specify testing methods to be used in accordance with good professional practice. The department may observe the testing. The Office of Environmental Assessment shall be notified at least 30 days prior to testing to afford the department the opportunity to conduct a pretest conference and to have an observer present. All tests shall be conducted by qualified personnel. The Office of Environmental Assessment shall be given a copy of the test results in writing signed by the person responsible for the tests within 60 days after completion of the test.
2. – 4.e. ... 5. Unless otherwise specified, samples shall be analyzed and emissions determ ined within 30 days after
each emission test has been completed. The owner or operator shall report the determinations of the emission test to the Office of Environmental Assessment by a certified letter sent before the close of business on the sixtieth day following the completion of the emission test.

B.6. – C.7. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 and 2060 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:1204 (December 1991), amended LR 18:1364 (December 1992), LR 23:59 (January 1997), LR 23:1658 (December 1997), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 26:2461 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2448 (October 2005), LR 33:2094 (October 2007), LR 34:

This proposed rule has no known impact on family formation, stability, and autonomy as described in R.S.
49:972.

A public hearing will be held on July 29, 2008, at 1:30 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 Judith A. Schuerman, Ph.D., at the address given below or at (225) 219-3550. 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 AQ294. Such comments must be received no later than August 5, 2008, at 4:30 p.m., and should be sent to Judith A. Schuerman, Ph.D., Office of the Secretary, Legal Affairs Division, Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 219-3582 or by e-mail to judith.schuerman@la.gov. Copies of this proposed regulation can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for each copy of AQ294. This regulation is available on the Internet at www.deq.louisiana.gov/portal/tabid/1669/default.aspx.

This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70 615; 111 New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 645 N. Lotus Drive, Suite C, Mandeville, LA 70471.

Herman Robinson, CPM
Executive Counsel

FISCAL AND ECONOMIC IMPACT STATEMENT
FOR ADMINISTRATIVE RULES
RULE TITLE: Performance Te sting Notifications and Reports

I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) There is no anticipated cost or savings to state or local governmental units to implement this rule.
II. ESTIMATED EFFECT ON REVE NUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) There is no anticipated effect on revenue collections of state or local governmental units as a result of this rule.
III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO
DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)
There is no estimated cost or economic benefits to directly affected persons or non-governmental groups as a result of this
rule. Performance test notificat ions and reports are already required by regulation and perm it. This rule clarifies the requirement for notification wh ere the requirement is not specifically stated. Even when the regulation does not expressly state that a notification of performance testing is required, allLouisiana Register Vol. 34, No. 06 June 20, 2008 1146 air permits issued by DEQ require notification prior to testing. Additionally, this rule makes the timeframe for submitting test results consistent. The requirement for submittal of performance test results currently varies between 30, 45, and 60 days. This rule will make all performance test results due within 60 days, which is consis tent with EPA's requirement
under 40 CFR 63.
IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) There is no estimated effect on competition or employment
as a result of this rule.

Herman Robinson, CPM Robert E. Hosse
Executive Counsel Staff Director

0806#016 Legislative Fiscal Office

NOTICE OF INTENT

Department of Envi ronmental Quality Office of the Secretary Legal Affairs Division

Secondary Containment for UST Systems

(LAC 33:XI.103, 301, 303, 403, 507,

509, 701, 703, and 903)(UT014)

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 Underground Storage Tanks regulations, LAC 33:XI.103, 301, 303, 403, 507, 509, 701, 703, and 903 (Log #UT014).

This proposed rule will require owners and/or operators of UST systems to install seco ndary containment with new installations or replacements of tanks and/or piping, and also to install under-dispenser containment and submersible pump containment, after Decemb er 20, 2008. The rule will also require the installation of secondary containment for certain repairs to tanks or piping made after December 20, 2008. The difference between “replacement” and “repair” is clarified. The federal 2005 Underground Storage Tank Compliance Act, which amends Section 9003 of Subtitle I of the Solid Waste Disposal Act, mandates states authorized to administer the Underground Storage Tank Program to take certain actions to reduce the incidence of leaking USTs. One such action is to require that USTs installed in the state have secondary containment. This action must be implemented to maintain federal funding of the UST program in the state and to maintain federal delegation of the UST program. This will further enhance our effort to maintain protection of human
health and the environment. The basis and rationale for this rule are to comply with the federal guidelines required by the 2005 Underground Storage Tank Compliance Act. This proposed rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmental/health benefits and social/economic costs is required. Title 33 ENVIRONMENTAL QUALITY Part XI. Undergro und Storage Tanks Chapter 1. Program Applicability and Definitions §103. Definitions

A. For all purposes of these rules and regulations, the terms defined in this Section shall have the following meanings, unless specifically defined otherwise in LAC
33:XI.1105 or 1303.

* * *
Install or Installation

― the process of placing a UST system in the ground and preparing it to be put into service.

* * * Pipe orPiping

― a hollow cylinder or tubular conduit
that is constructed of non-earthen materials and that routinely contains and conveys regulated substances from a UST to a dispenser or other end-use equipment. Such pipingincludes any elbows, couplings, unions, valves, or other inline fixtures that contain and convey regulated substances from the UST to the dispenser. This definition does not include vent, vapor recovery, or fill lines.

* * * Replace or Replacement

― to remove an existing UST and install a new UST in substantially the same location as the removed tank, or to remove and replace 25 percent or more of piping associat ed with a single UST.

* * * Secondary Containment

― a containment system that utilizes an outer or secondary container or impervious liner designed to prevent releases of regulated substances from the primary container from reaching the surrounding
environment for a time sufficient to allow for detection and control of the released product . Such systems include, but are not limited to, double-wall tanks and piping, jacketed tanks and piping that have an interstitial space that allows for interstitial monitoring, and any other such system approved by the department prior to installation.

* * * Under-Dispenser Containment

― a containment system beneath a dispenser designed to prevent releases of regulated substances from the dispenser or contained piping from reaching the surrounding environm ent for a time sufficient to allow for detection and control of the released product. Such
containment m u st be liquid-tight on its sides, bottom, and at any penetrations, and must allow for visual inspection and access to the components in the containment system or be regularly monitored.

* * *

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Underground Storage Tank Division, LR 16:614 (July 1990), amended LR 17:658 (July 1991), LR 18:727 (July 1992), amended by the Office of Environmen tal Assessment, Environmental Planning Division, LR 26:2558 (November 2000), LR 27:520 (April 2001), amended by the Office of Environmental Assessment,

# LAC 33:III.2137

# This page intentionally
left blankLouisiana Register Vol. 36, No. 7 July 20, 2010 1534 AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10).

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 33:434 (March 2007), amended LR 36:1533 (July 2010).

Jeanette Vosburg
Executive Director

1007#044

RULE

Department of Environmental Quality Office of the Secretary Legal Affairs Division

Gasoline Handling (LAC 33:III.2131)(AQ309)

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Air regulations, LAC 33:III.2131 (Log #AQ309).

This Rule will clarify the applicability of Section 2131 of LAC 33:III. Section 2131 regulates control requirements for gasoline handling facilities. Parishes exempt from the gasoline handling requirements of this Section by Subsection A of the Section are nevertheless subject to 40 CFR Part 63, Subpart CCCCCC. This will be a revision to the State Implementation Plan (SIP). This Rule will make the Louisiana Administrative Code at least as stringent in the gasoline hadling area as the federal regulations. The basis
and rationale for this Rule are to mirror the federal regulations. 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.
Title 33 ENVIRONMENTAL QUALITY
Part III. Air Chapter 21. Control of Emission of Organic Compounds Subchapter F. Gasoline Handling §2131. Filling of Gasoline Storage Vessels

A. Applicability. This regulation is applicable to each gasoline handling facility in the parishes of Bossier, Caddo, Beauregard, Calcasieu, Livingston, Pointe Coupee, East Baton Rouge, West Baton Rouge, Iberville, Lafayette, St. Mary, Ascension, St. James, St. John the Baptist, St. Charles, Lafourche, Jefferson, Orleans, St. Bernard, and Grant. Any parish to which this regulation does not apply remains subject to the requirements of 40 CFR 63, Subpart
CCCCCC.

B. Control Requirements. No person shall cause or allow the transfer of gasoline from any delivery vessel into any stationary storage container unless such container is equipped with a submerged fill pipe and unless the displaced vapor emissions from submerged filling of the container are processed by a vapor recovery system that reduces such emissions by at least 90 percent.

C. Approved Vapor Balance System. When a vapor balance system is used to comply with the above vapor recovery system control requirement, the balance system will be assumed to meet the specified control requirement if the following conditions are met.1. A vapor-tight return line having an internal crosssectional area at least one-half that of the liquid line is connected before gasoline is transferred into the storage container. No gasoline leaks exist anywhere in the liquid transfer system. Inspection for visible liquid leaks, visible fumes, or odors resulting from gasoline dispensing operations shall be conducted by the owner or the operator of the gasoline outlet and the owner or the operator of the tank truck. Gasoline loading or unloading through the affected transfer lines shall be discontinued immediately
when a leak is observed and shall not be resumed until the observed leak is repaired. 2. The only atmospheric emission during gasoline transfer into the storage container is through the storage container pressure-vacuum valve. 3. The delivery vessel is kept vapor-tight at all times with vapor recovery equipment. The delivery vessel must be in compliance with LAC 33:III.2137. The vapor-laden delivery vessel may only be refilled at bulk gasoline plants complying with LAC 33:III.2133 or bulk gasoline terminals complying with LAC 33:III.2135.

D. Alternate Vapor Balance Systems. Other vapor balance arrangements may be accepted if proof of the emission level required in Subsection B of this Section is provided to the administrative authority. Approval of any alternate vapor balance system sh all not be valid unless it is received from the administrative authority in writing.

E. Exemptions. The following are exempt from the requirements of Subsection B of this Section: 1. transfers made to storage tanks with a capacity greater than 40,000 gallons (151,400 liters) and equipped with controls as required by LAC 33:III.2103 of these regulations; 2. any gasoline outlet in the parish of Ascension, Calcasieu, East Baton Rouge, Iberville, Livingston, Pointe Coupee or West Baton Rouge whose throughput is less than 120,000 gallons (454,200 liters) per year, or any gasoline outlet in the parish of Beauregard, Bossier, Caddo, Grant, Jefferson, Lafayette, Lafourche, Orleans, St. Bernard, St. Charles, St. James, St. John the Baptist, or St. Mary whose throughput is less than 500,000 gallons (1,892,700 liters) per year. Once the rolling 30-day average throughput exceeds 10,000 gallons for a facility in the parish of Ascension, Calcasieu, East Baton Rouge, Iberville, Livingston, Pointe Coupee, or West Baton Rouge, or 42,000 gallons for a facility in the parish of Beau regard, Bossier, Caddo, Grant, Jefferson, Lafayette, Lafourche, Orleans, St. Bernard, St. Charles, St. James, St. John the Baptist, or St. Mary, that facility becomes an affected facility, and does not revert to an exempted facility when the throughput drops back below the throughput exemption level; 3. tanks with a capacity of 2,000 gallons or less installed before January 1, 1979, and new tanks with a capacity of 250 gallons or less installed after December 31, 1978; and 4. tanks having a capacity of less than 550 gallons used exclusively for the fueling of farm implements and having a submerged fill line.Louisiana Register Vol. 36, No. 7 July 20, 2010 1535 F. Compliance. Compliance with this Section shall be determined by applying the following test methods, as appropriate: 1. test method 27 (40 CFR Part 60, Appendix A, as incorporated by reference at LAC 33:III.3003) for determination of vapor tightness of gasoline delivery tanks using pressure-vacuum test; 2. guideline report EPA-450/2-78-051, Appendix B, Gasoline Vapor Leak Detection Procedure by Combustible Gas Detector; 3. test method 21 (40 CFR Part 60, Appendix A, as incorporated by reference at LAC 33:III.3003) for determination of volatile organic compound leaks.

G. Recordkeeping. The owner or operator of any operation that is involved with storing gasoline in any stationary container and required to comply with this Section
shall maintain records to ve rify compliance with this
Section. The records shall be maintained for at least two years and shall include, but not be limited to, the following: 1. the date of delivery of each shipment of gasoline,
and the certificate number and date of certification of each delivery vehicle that delivers a shipment. Any owner or operator subject to this Section shall not accept delivery of gasoline from any gasoline tank truck that does not comply with LAC 33:III.2137.A.2; NOTE: All gasoline tank trucks must have a sticker displayed on each tank indicating the identification number of the tank and the date each tank last passed the pressure and vacuum
test described in LAC 33:III.2137.A.1. Each tank must be certified annually and the sticker must be displayed near the Department of Transportation certification plate. Any repairs necessary to pass the specified requirements must be made within 15 days of failure. 2. the date and a description of any malfunction, repair, replacement or modification of control systems or control equipment required to be used in the transfer of gasoline from the gasoline tank truck to a stationary storage tank. If the problem is with equipment on the tank truck, the name of the owner or operator of the tank truck, the truck identification number, the date the problem occurred, and the driver’s name shall be recorded as part of the description;
and 3. records of any testing requested by the administrative authority to prove compliance with this Section or any testing done by the owner or operator on a voluntary basis.

H. Implementation Schedule. Facilities must be in compliance with this Section within six months after becoming an affected facility.

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 16:609 (July 1990), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:654 (July 1991), LR 18:1123 (October 1992), LR 19:1564 (December 1993), LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 27:193 (February 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 36:1535 (July 2010).

Herman Robinson, CPM
Executive Counsel

1007#059 RULE

Department of Environmental Quality Office of the Secretary Legal Affairs Division

HW Tanks

― Secondary Containment Requirements and 90 Day Turnover of Hazardous Waste (LAC 33:V.109, 1109, 1901, 1907, 1909, and 4437)(HW106)

Editor’s Note: This Rule is being repromulgated to correct typographical errors and a citation error. The original Rule may be viewed on pages 1234-1239 of the June 20, 2010
edition of the Louisiana Register

.

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 Hazardous Waste regulations, LAC 33:V.109, 1109, 1901, 1907, 1909.D and E, and 4437.D (Log #HW106).

This Rule sets standards for the use of concrete as an external secondary containment system for hazardous waste tanks. It provides an approval process for using unlined/uncoated concrete as an external liner system under specific circumstances. The Rule also clarifies and adds an additional subsection to compliment the requirement of LAC 33:V.1909.D relating to the subject "accumulation time" exemption from hazardous waste permitting requirements by using a flow-through calculation in certain situations to provide clear standards in the regulation that will provide protection for the state's environment. 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.
Title 33 ENVIRONMENTAL QUALITY
Part V. Hazardous Wast e and Hazardous Materials Subpart 1. Department of Environmental Quality—

Hazardous Waste Chapter 1. General Provisions and Definitions §109. Definitions

For all purposes of these rules and regulations, the terms defined in this Chapter shall have the following meanings, unless the context of use clearly indicates otherwise.

* * *
Batch Tank— a device meeting the definition of tank in this Section that receives a batch (or batches) of hazardous
waste on a one-time or intermittent basis.

* * *
Continuous-Flow Tank— a device meeting the definition
of tank in this Section that receives hazardous waste on an ongoing, continuous basis.

* * *

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 10:496 (July 1984), LR 11:1139 (December 1985), LR 12:319 (May 1986), LR 13:84 (February 1987), LR 13:433 (August 1987),LDEQ-EDMS Document 6581940, Page 17 of 23

A0309 Summary
June 10, 2010 Page 1 of 2



### Comment Summary Response 

## & Concise Statement- AQ309
Amendments 

### to the Air Regulations



### COMMENT Gasoline Handling
LAC 33:111.2131



### 1: -After reviewing the proposed gasoline handling rule, the rule applicability and requirements appear to be comparable to the
federal requirements for controlling volatile organic compound
emissions from such facilities.

FOR/AGAINST-- No arguments necessary; comment does not suggest amendment

or change.

r



### RESPONSE 1: -No response necessary.LDEQ-EDMS Document 6581940, Page 18 of 23

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

AQ309- Summary Key
May 10, 2010

Page 2 of2



### Comment Summary Response 

## & Concise Statement Key- AQ309
Amendments to the Air Regulations · Gasoline Handling LAC 33:111.2131

COMMENT# SUGGESTED BY



### 1 Guy Donaldson, Chief 

### I EPA, Air Planning Section**~----------------------------------------------------------------------------**LDEQ-EDMS Document 6587277, Page 2 of 61

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

1445 ROSS AVENUE. SUITE 1200 DALLAS, TX 75202·2733



### Ms. Vivian Aucoin

Air Quality Assessment Division

Office of Environmental Assessment

Louisiana Department of Environmental Quality

P.O. Box 4314

Baton Rouge, LA 70821-4314

Dear Ms

. .-\ucion,

Thank you for the opportunity to submit comments on the March 20, 20 I 0 proposed version of the Louisiana Department of Environmental Quality State Implementation Plan (SIP) revision titled, "Organic Solvents and Solvent Degreasers".
This rule updates emissions limitations and control efficiency requirements for volatile organic compound (VOC) emissions, and is an important element of Louisiana's plan to
address ozone air quality problems.

The Clean Air Act and subsequent federal regulations require Louisiana to submit

a SIP revision to the Environmental Protection Agency (EPA) that incorporates recent
Control Techniques Guidelines (CTGs). These rule revisions include provisions related

to CTGs issued by EPA in 2008, and also include revisions made in response to the 2006

and 2007 CTGs. We appreciate the efforts of the State in developing these SIP revisions.

Our detailed comments on the proposed rules are included as an attachment to this

letter.

Please contact me or Ms. Ellen Bclk of my staff at 214-665-2164 if you have any questions.

Enclosure: Detailed Comments Sincerely yours, 

# Jrh**~~\J~-----/** Guy 6onaldson

Chief

Air Planning Section (6PD-L)

R•c)'clediRKyclal* • Prtnled wtlh Vegetable 08 Based Inks 011 100% Aecyded Paper {40% PostoonsfJmtlf)LDEQ-EDMS Document 6587277, Page 3 of 61



### Comments on AQ309 Gasoline Handling (LAC 33:1J1.2131).



### We have reviewed the Louisiana proposed rule for gasoline handling facilities (LAC 33:111.2131) (AQ309). The rule applicability and requirements appear to be comparable

to the federal requirements for controlling VOC emissions from such facilities. We have

no additional comments.



### 4LDEQ-EDMS Document 6593064, Page 17 of 56



### i 

## I 

# •

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• DEPARTMENT OF ENVIRONMENTAL QUALITY

Gasoline Handling

LAC 3 3 : I I I . 2 1 31

Log Number: AQ309

The public hearing in the above titled

matter was taken at the Department of

Environmental Quality, 602 North Fifth Street,

Galvez Building, Oliver Pollock Conference

Room, Baton Rouge, Louisiana, beginning at 1:33

p.m. on April 28, 2010.

BEFORE: 

### Mark LaCour, Certified Stenomask

Reporter, in and for the State of Louisiana



## ASSOCIATED REPORTERS, INC.
Mark LaCour, C.C.R. (225) 216-2036LDEQ-EDMS Document 6593064, Page 18 of 56



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## ' H E A R I N G

MS. HAM:



### Good afternoon! My name is Susan

Ham. I'm employed by the Louisiana

Department of Environmental Quality.

I'll be serving as hearing officer this

afternoon to receive comments regarding

proposed amendments to the Environmental

Quality regulations.

The comment period for these

amendments began on March 20, 2010, when

the notices of intent were published in

the Louisiana Register. The comment

period will close at 4:30p.m., May 5,

2010. It would be helpful to us if all

oral comments received today were

followed up in writing.

This public hearing provides a

forum for all interested parties to

present comments on the proposed

changes. This hearing is not being

conducted in a question and answer

format. Please remember that the

purpose of this public hearing is to

allow you, the public, an opportunity to



## ASSOCIATED REPORTERS, INC.

Mark LaCour, C.C.R.
(225) 216-2036 

## 2LDEQ-EDMS Document 6593064, Page 19 of 56

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### express your thoughts concerning today's

proposed amendments.

I'll ask that each person

commenting please come up and sit at the

trent table and begin by stating his or

her name and affiliation for the record.

The next amendment is designated

by the Log Number AQ309.

This rule will clarify the

applicability of LAC 33:III.2131. LAC

33.III.2131 regulates control

requirements for gasoline handling

facilities. Parishes exempt from the

gasoline handling requirements of LAC

33.III.2131.A are nevertheless subject

to 40 CFR Part 63, Subpart CCCCCC. This

will be a revision to the State

Implementation Plan (SIP) This Rule

will make the Louisiana Administrative

Code at least as stringent in the

gasoline handling area as the federal

regulations.

Does anyone care to comment on

this regulation? If not, the hearing on

AQ309 is closed.



## ASSOCIATED REPORTERS, INC.

Mark LaCour, C.C.R. (225) 216-2036 

## 3



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...LDEQ-EDMS Document 6593064, Page 20 of 56



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### 2

3 DEQ Public Hearing

Baton Rouge, LA April28,2010



### THE HEARING ENDED AT 1:34 P.M.

R E P 0 R T E R ' 

### S P A G E



### I, Mark LaCour, Certified Court

4 

### Reporter, in and for the State of Louisiana,

5 

### the officer, as defined in Rule 28 of the

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### Federal Rules of Civil Procedure and/or

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### Article 1434 (b) of the Louisiana Code of Civil

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### Procedure, before whom this sworn testimony

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### was taken, do hereby state on the record:

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### That due to the interaction in the

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### spontaneous discourse of this proceeding,

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### dashes (--) have been used to indicate pauses,

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### changes in thought, and/or talk overs; that

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### same is the proper method for a Court

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### Reporter's transcription of proceeding, and

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### that the dashes(--) do not indicate that

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### words or phrases have been left out of this

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### transcript.

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### Also; any words and/or names which could

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### i t h t h e p h r a s e 

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89054



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Baton Rouge, LA April28, 2010



### C E R T IF 

### I C A T.I 0 N



### I, the undersigned reporter, do hereby

3 

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

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### and correct transcription of the stenomask

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### tape of the proceedings had herein, taken down

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### by me and trans6ribed under my supervision, to



### 7 the best of my ability and understanding, at

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### duly sworn by me in my capacity as a Certified

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### Court Reporter pursuant to the provisions of

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### R.S. 37:2551 et seq. in and .for the state of

14 

### Louisiana; that I am not of counsel nor

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### related to any of the counsel of any of the

16 

### parties, nor in the employ of any of parties,

17 

### and that I have no interest in the outcome of

18 

### this action.

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### I further certify that my license is in

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### good standing as a court reporter in and for

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### the state of Louisiana. 

## 5

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## . /l 

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### Mark LaCour, C.C.R.



### # 89054



## ASSOCIATED REPORTERS, INC.

Mark LaCour, C.C.R. (225) 216-2036LDEQ-EDMS Document 6583564, Page 18 of 65



# CAPITAL CITY PRESS

Publisher of



## THE ADVOCATE

PROOF OF PUBLICATION

The hereto attached notice was 

### published in THE ADVOCATE,

a daily newspaper of general circulation published in 

### Baton Rouge, Louisiana,
and the Official Journal
of the State of Louisiana, City of Baton Rouge,
and Parish of East Baton Rouge,
in the following issues:



### 03/16/10

Susan A. Bush, Public Notice Clerk

Sworn and subscribed before me by the

·person whose signature appears above



### March 16, 2010

DEQ

- OSEC/LAD REG

REMENDER WEATHERSPOON

PO BOX 4302 RM 821-74
BATON ROUGE LA 70821-4314 

### 4239535 . NoilCE.o;.- ·ll'iWrr:,



## · ·.:: ·,**<oe~erit** 

### or::_;:.;'.

·**Envlron~ntal** Quality 1
• Office ot"!1le secretary

l.ef;lal Affairs Division :**(LA~~~ur.mtr~~8~09>:** ··,,Glider the**auttlO~ity.-Ot** . the.' En11lronmentat · Quallt\1 Act. R.S. 30:2001**et-s~;,** ana**~1':focorda~e 'gr~**  

# .**,~ ~We** **·A~mrnistrative•-** Procedure Act, R..S-.49:950 et.seq

... the**~-gives-noticecthat** rulemakmg

- procedures

nave been. lntttated- to**eT~nd** 

### lre**~~b~~latlg~~** #AQ309).

ThiS:'.'rute**~ill·** clarify 

### :the**~f!l ~1b~** **3J~ln. ~~g~**  ll31 -regulates: t:ontrul**.~~~~~-?a"diJJ~:~~~~** 

### .**Th~e·propo:sed ~ill·**  !!XetnPt .from. thet·QaSOiine: t10ns are., avatlable ,·for handllnQ:requireme;rts of ot**l~ctfon,at** the tollowtng this ·section. by.•Sub!iectlon OEQ offlc;e locations from·S 4. ot.ttte section!are·never- a.m. until**4~0** p.m_ 602 N. thE!Iess

.. subject,to.d(LCFR Fifth•**Str~Ba~~; Ro~**  Part 63**sub~cccc. l>:"ek"'\"~.z::nroe~uW:7l292:**  This will-be-a· to.the ·State 0**ce·Bu11d1ng~_·l52S** State tmplem on·.Pian Fairlie! Avenue 1 (SIP). Th!S rule w 11 make ShnweDOrt. LA 1110l;:UO**th~** .· · • ·-Louisiana GadwalJ._, :, Street.·**~take ~dministrative**  Code· •at**-Charles~LA-7~ UH~ew** **~til~ r.:lJ?rngnt;,~~a** **t~ ¥3s1r:rilg1arataria~~~** **~e** ?ec:leral TeSJulatio]'lS;,Tt].e Lockport. LA 70374: 201 basis and rationale tor thiS Evans.ROIUI 1 Bldg

.. ,4.- Suite n,lle are to mirror the fedeJ- 420,-New oneans., LA 70123. at· regulations. ·This··rute**·~'-'"'** .,,_ ·.: , .... '""

.,. 

## meets
an exception listed**···He=.Robi~CPM·, J'.s.R~-f8}b)~~~ktc,~**  ;•Ex**ve~~-** '·"**~.t. ~~~%U~:~~rw~~~1tv~**  423953Somar**:~.~~.-,,,,c. Fs~~r~aa;_econo~ic.costs** 

Thls:rule:has· no- known imfmct on family formation,**~:S~ItYet,~d~,Po;a~~~** as

.;.:**P~bii~··haaring-wli·t,** be**~~d,;~~m~PPn- 7~** **z~or** 

### ... 

### !i

aul7dtng; ;. oliver ·. Po11ock**r~~es~~t R~ri·.fotg~:.** **~~xo:::;.~~-~Wt~erc,e atfe~** **~tt~b,m~g:Ji~~~-~=~** merrts. ?houtd -mdlvidulll$ with a disabilltv: need. an a.ccommodatlon 1n order to .- · · participate,·. contact. oonald Tn1han at the address**~lven ~'gvr.~J~~o~JJell~r~Q**  are

.. allowed in; the· Galvez Go.r_a.ge with -a.·valldated pari<lng**ti~et.** - ·;

.,.,LDEQ-EDMS Document 6583564, Page 27 of 65 

# l CERTIFIED COPY 

# b,,vxl';) RECEIVED



## NAR 1 8 ZG'Q



## State of Louisiana lA. CEP!. OF EN'I\RONMENTAL OUALII'i LEGALAff1\tRS D\VISWN 

## Parish of Rapides



# AFFIDAVIT OF PUBLICATION

(A 

### Correct Copy of Publication)

NOTi'CE'OF INTENT address given below or Department oi

.**~~~~~~~,: ~;!~~,~~~~-** **En~lronmental** Qualify. are. <illoWed y·ln'"llle Off1ce cf the Sf>cretary Galvez Garage with ll ·\,-ega! Affairs Division validated parking lick.·

Gasoline Handling-**~. ;_.;**  ,-_-.,.,-(:' (LAC JJ lt1.21JH All intertsted: persons fAQl09) ' are.'invlled to:

.. sobmlt

· '

, .. ·' .,I. written comments on Under the authOrity of -tile proposed · regut11· lhe

- Environmental lion. Persons, com· Quality- Act, ' R:.s:' :mentlnj' should- refer· 30:2001 et seq., and In d

.**a~cordance** ; wltn the ence th s proJ»Sf! reg·.

· provlsioos of lhe•·Aci-= -ulatlon· ·l:ly .AQ309;

m/nlstratlve Procedure**:~chr~~~~~~n~~ ra~::·**  Act; R.S. 41':1150 et seq.,'

.. thart··May ,5;, 2010; · at the st>eretary glv!S no- .<!:JO· p.m .• and should flee that rulemaklng be

. sent to Donald fr'O!=edUr!S have been · Trah 11 n, Aitorncy · Su- nltrated to- amend the p.ervlsor; Office of' the Air reguletlons, LAC

. 5ecretllry,**L~al** Af· 

## i!Q

309 1 1 1_1.2131 · (Log fair5 -:'Division, Sox on

.. saton Rouge; LA:

This 'rult> Will' Clarlfy '70821·Al02 ·or_ to FAX

. "·

___ """Jl' -,_;,,_**~~U:219·_maor.I:IYf~** the applicability of

. donald.trahanCla.gov:

, Section .2131: of**~;t;AC/ Copi~ot**  this proposed

i 3:l:lll. section 213).reg-**n~{)ulation** can be:·pur·

ulates control· reQuire-- chased,. by .• contacting**ment~** for gasoline the · OEQ Public Re· handling facilities. cords .Center.·.aL-(225) · Parishes exempt from 219--3168.· Check

. or the 9asollne ·handling ·money order · is·

. re' requirements of this cjulred In advance tor .section

. by Subsection "each • copy· of AQJ09: A of the section are This ·regulation· is

.**neverthel~ subj~:.to**  'avallal:lle on the tnter40 CFR Part-63, Sul:l- net.:·

.. -::.. -.:·>.at pan · cccccc

.. ";ThiS www.deq.loulslana.gov**wlll.b~** a revision to the;**./portal/tabid/166~/defa** State': Implementation ult.aspx.**~** . . ·Plan.**{SI~).l-** This. rule

.**,r;~·,** :· _., ·:· will make ·the· Lou Isla: These proposed regula·**n~~:.** ':,·**•,,•,~n,. ,l:rr~at~IV..~·-**  'tions,are avanaote for

"""'u**~· ~**  ;o,

.. tnsoectlon.:a! _the _lol· gent In the·. gasoline lowing" OEQ · offrce Jo-- nandling .area ·as the

. cations from a a.m: un, federal

. .-.regulations:· ·til'· -4:30 p.m.: ·:w2 N .

. The l:lasis and rationale ,fifth ,,·Street, .Baton for this rute'are to mlr· Rouge, LA'- 70802; 1823
1**r~r** the federal,regula· Highway 546, West lions. This rule meets Monroe, LA 712'12; an,.exception-.lfsted-·ln state Of/Jce Building, R.S

.. l0:2019(0)(2) and 1525 Fairfield Avenue, R.s: -· -49:953(G)(3); Shrevr!port, ·LA 71101;**~** therefore, no report re- · o-

. garding environmental 

### lJOi· G·adWali**··st_~~t.,** /hearth. benefits · and**~Ke** Charres, .:**~** social/economic costs 70615: 111 New Center Is reQuirea. Drive. Lafayette,. L_A·**;** 110 .earatarra This rule has·no-known Street, ,Lockport •. :. LA Impact on family for· 7037-4· 101 Evans·ROI!d, matiOn, stability;' and'" Bldg: -4, Suite o42!l: ·.New**~nu~nt~l: ~t~escrlbed,**  Orleans. LA**701~.** _ .-:

HERMAN ROBINSON, . A pul;l/lc hnrlng will C?M

. · ·; ·

.

.**~~;t :~~-~'/~** **t~e-.- E~e!CUtlve**  Co(!nse · .· Galvez Sullding, 011-,.er {3)-13 Pollock

. Conference -------· RODm, 602 N. · F:lfth Streel, .Baton Rouge, 'L:.A -70802. lnteresteo

persons .are -Invited to

aneno and sul:lmlt crat comments on the proposed · amendments. Should individuals with

a disability neet1 an·ec· cammodaticn in order
to participate, .contact Donald Trahan at the 

### I, Harold Constance, Classified Sales Manager

of THE TOWN TALK, published at Alexandria,

Louisiana do solemn] y swear that the

Notice oflntent (AQ309)

advertisement, as per clipping attached, was

published in the regular and entire issue of said

newspaper, and not in any supplement thereof

for one insertion(s) commencing with the issue

dated March 13,2010 and ending with the

issue dated March 13, 2010.

. I

.

# ~~~ Harold Constance

Subscribed and sworn to before me this 15th day

of March. 2010 at Alexandria, Louisiana.

Terry A. roussard Notary Number 19477 My commission is for life.LDEQ-EDMS Document 6583564, Page 32 of 65



# jCERTIFIED

# COPY~~~**~/li) 3~**  

## MAR 2 2 

## 2010

NOTICE OF INTENT

Department of Environmental QualifY Office af the SecretarY · Legal Affalr:s DIVIsion

Gasoline Handlln'il ILAC33111.213ll IAQ30'!)

Under the authority of the Environmental QualitY Act, R.S. 30:2001
et seq., and in accor- dance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secre- tory gives notice \hot rulemok.ing procedures have been initiated to amend the Air regulations, LAC 33 111.2131 (Log #AQ309).

This rule will clorlfl. the opplicobllltv of Section 2131 of LAC 33:11!. Section 2131**regulate~** control reQuirements for gasoline handling foclli· ties. Parishes exempt from the gasoline handling requirement:;; of of this section bv Subsection A of the**~etlan** ore neverlheless subJect to dO CFR Port 63, Subpart
CCCCCC. This will be o revision to the State im- plementation Plan (SIP). This rule will make the Louisiana Ad· mlnistratlve Code of least as stringent in the \OOSOiine hodl!ng area os the federal regulations. The basis and rationale
tor this rule ore to mir·

ror the federal regulations. This rule meets

on exception listed in R.S. 30:2019(0)(2} and R:S. d9:95J(G)(3); therefore, no report regarding

en vi ronmentol/health benefits ond' social/economic costs is·required.

This rUle has no known impOd on familY formation, stability, and autonomy as described
in R.S. A9:9n.

A public nearing will De held on April 28, 2010,

ot 1:30 P.m .• in the Galvez Building, Oliver Pollock .-·Conference Room, 602 N. Fifth Street,**Boton~Roug~f** .. LA 70802. I r..t

..**~r..estcdiper** sons are lnvlted··to.attend and submit ora_l camments:on·tf\e**·pro~** posed omendmen!s. Should individuals w1fh·

a disabilitY need an ac- commodation In order to partie i pate, ·contact Donald Trahan at the address gilo'en below or at (22:5} 2n-J?8S. T.wo hours of free- parkmg

are allowed in ·the· Galvez: Goroge·with a volidoted parking ticket. 

# Affidavit of Publication

STATE OF LOUISIANA

Parish of Calcasieu LA. UEPI. Of**E~1Vlf1C:-.-~'D·ml** QUAUTY**lEG.~l** AfFAIR$ UiVI SION

### ~**~e u~rsonally**  came and appeared

# ~~eing duly sworn, deposes and says:

He/She is a duly authorized agent of


### LAKE CHARLES AMERICAN PRESS

a newspaper published daily at 4900 Highway 90 East,

Lake Charles, Louisiana, 70615. (Mail address: P.O. Box 2893
Lake Charles, LA 70602)

The attached Notice was**publish~d** 

### in said newspaper in its issue(s)

dated:

00595633

- $36.00

March 15, 2010

( 

# ctfedq 

# ;a**UA~~**

J);; Authorized Agent

Subscribed and sworn to before me on this 15th day of March, 2010 at

Lake Charles, LA

00053262**LDEQ-OSEC~LAD** 

## ueline M, Fontenoi


# #23111LDEQ-EDMS Document 6583564, Page 42 of 65

These proposed r!gula· Hom are available tor tnspec1lon at the tollowiRg OEQ office tocatloRs !rom B a.m. until A:30 p.m.: 602 N. Fltlh Street, Baton Rouge, ·LA 70802; 1873" Highway $46, West Monroe, LA nm state Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 13m Gadwall Street, Lak! Charles, LA 70615; 111 New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA · 7037A; 201 Evans Road,

Bldg. A, SiJite 420, New**Orleans~,LA** 70123.

"H!rman Robinson, c.-M · E)(.ecutlve Counsel 

# CERTIFIED COPY

# ~~~~~~~ RECEIVFD



## MAR 2 5 2010

l.A.OEPT. OF Et/VIIlONMENTAL QUALITY
lEGAl AFFA1RSOIVISION



# Publisher of

THE**NEWS~ST** 

# AR MONROE, LOUISIANA

PROOF OF PUBLICATION

The hereto attached advertisement

Was published in the NEWS-STAR.

A daily newspaper of general circulation.

Published in Monroe, Louisiana.

Parish of Ouachita in the issues of:

# G~11Jw:lt 2 

# ILo 

# c?O!Q

# ¥§;1tY1!Lf1l~

LEGAL AD DEPT.

Sworn and subscribed before me by

The pe1·son whose signature appears above in Monroe, LA on this

dayof

# J11~ 20./.-='0'--

__ .AD



# 62.lfzz_ NOTARY PUBLICLDEQ-EDMS Document 6583564, Page 52 of 65



## .RECEIVED

-· 

## .... MAR 1.92010 

# .

.**~ti·** 1!/11

. . . . . ·. 

# !cERTIFIED COP

... 

# X[:

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..

. •

. LEGAlAi=FAIRS**DIV1~10N** • .-·**-~I**

Gasoline Handling :(LAC 33 111.2131-l jCAGI309)

1 Under fhe au·

. thorlty of the Envi· r-onmental Quality :Ad, R:S. 30:2001 ef SeQ., and In accord·

·a nee with the proviSions of the Adminis·**~rative** Procedure tAct, R.s.·ic'rei .• •;:'v 'seq., the 51 _gives 

### -:**:;:~.:;_**

. •.



# ·**Before'riui~ilie~Uricrersigtied'iitithoritY;;imsonally** 

# came arid. appeared' ·

.. ·:

.

# '~fu~A~~i'~~~il~f:': 

# ,<:· "

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. . . Who· bemg. duly sworn;.**d~os·es:and:·says** 

# lhatslie 1s tlie Ass1stant to -the': Classified'**Advertis~ Nt~tet;rif:;Fhe·Tinles;'iilici**  

## that 

# ilie attached

.. ·**Advertis~ment~ntitl~f~r~[I·:~;;tt~~;~;~1t;~;~·-. --~~-'."**  

# •.. · .:: ·. , · · ·**~** 

# . • ··

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NOTICE OF INTENT DepartmentpfE)'lVlrcinmerital

.
• •.

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,, ···:-· • •·. • ·-'-_:·t,;.t..,· -.•&·:-:c,v._•.;:-··.-•**--.~-** . •**~:** .



### .**Ql;l~tX Qffi~~:ofthe-~~~t~![i[Y;Hg~\"!U'fairsDivision**  

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.LDEQ-EDMS Document 6583564, Page 62 of 65



# jCERTIFIED

# COPY~ . t>

# ~v/Jo RECEIVED

MAR 2 5 Z010

ll.. DEPT. OF EH•RONMENT Al QUALIT1 lEGALAff!IRS**DM~IIN**

3800 HOWARD AVENUE, NEW ORLEANS, LOUISIANA 70140-1097 TELEPHONE (504) 826-3201

NOTICE OF 1/ffi.NT

Oeoartment ol Envlromnnlll OuAIJty. ' Office of the secretary Legal Affair$ 01.-lslgn

Ga$011ne Handling · (lAC l3 Ul.2l3l) (AQJ09)

unaer the author1ty of tile Envl· roomenl41 · Qu41Jty Atl. R.S. JO:lOOl et**s~~** and In accord·

ance wlltl tile orovtsiOOI of the Administrative Procedure Act, R.s. t9:9SO et seq

.. tne secreUiry gives notice that**rutm~akln!l** procedures nave been**tnlt~atea** to amend the ll.lr reoutatlons. LAC ll 111.2131 (log #A0»9).

This rule wru darlfy tnt aoOIIta· bl!tty of S<!!:tlon 2111 or LAC ll:IIL Section 2131**rtiiU~I!S** control**reoulrement~** I« ouo· line 1\andlln' la.:IIIUes. Parishes

exemot lrom the gasoline Mn· !lUng reoulrements ol ollhls**~ec·** tlDI'i by Subsection A of the**~~c·** uon are nevertheless subJect to '0 Ci'R Part &3, Sub Dart CCCCCC. Tills wiD be a revision to the**Stilt~** lmptementiltlon Plan (SIP}.
This rule**wl~** make tne Loulsllna
ll.amlntstratlve Code at 1eUt as stringent In the g-asoline hadlln!l

arn. as the fedef'ill regulations. The basts and rationale lor this rule are to mltror the feQeral rtllulatlons. This rule meets an uceottan Usted Ill R.S. 30:2!H9(DX2) ana R.S. ·0:953(0)(3}; therefore. no re-- POrt regarttlng envlronmentaVhelllth bencnts .and SOCial/economic costs Is re- quired. i A.ltti.terested**pe~Jons** are Invited 

## I**~e ~:~:o::r~(tii~Wk:~~uP;.**  i·**~ons** commenting should reler·

: ence this orooosed regulallon bY

: AQ309. Sueh comments must be

received no tater than May s. 2010, at**~:30** o.m., and !>houla be
sent to Donald Trahan, Attorney**~unervl54r,** Office ot the Seere· tilfY, Legal Arlalrs Dlvtslun,**Bo~** ooz. BalOn Rouge, LA 70821· 4102 Otto FAX (225) 219·3398 or tty e-ITiilll to donatd.trahan®la.gov.**Coole~** of tnts orooosea regulauoo can oe ourcha!.ed bY contacting the**~~) ~:~~c** **~ec~~ ~n~~:~**  oraer IS reQuired tn aovance lor eaCh cooy ol AOJIJ9. This regula· Uon Is uallable on the Internet

: a I 1 www.aeq.loulslana.gov/pornl/t

·**a.bldll66~/detault.aspx.** I The§e orooosed reoulatlons are**avalla.bl~** tor tnso.ectlon at the**loDowln~** DEO office locations

trom a a.m. until 4:JO o.m.: 602**~.** Fifth Street. Baton Roooe. LA

• 708112: 1823 Highway 546. West 

# I Monroe, LA 71292: State Office Sulldln!l, 1525 Fairfield Avenue, Shrevenorl LA 71101: 1301 Oad· wall Street.· Lake Charles. LA
1 70&15; lll Ne"' Cenh!r Dr1ve.l11· 'fayette. LA 70SOB; 110 Barataria Strut. lotkonrt LA 70314: 201 Evans Roaa, Bll!ll. 4, Suite 420,

, New Orleans. LA 70123.

Herman Robi<J.S,<m,CPM

Executive Counsel

Tnl5 rule Ms no known tmpatt

, on family formatlcn.**stab~lty,** ano autonomy as anl:lltJed In R.S.49:972.

A public hearing will be held on AorlllB. ZDIO, at 1:30 p.m.**111111~** Galvez Building, Oliver Pollock

conrerence RO<lm. 602 N. Filth street. aatan Rou!le. LA 70802. Interested persons are Invited to attena and**~ubmlt** oral com- ments on the prgpostcl amend-
ments. Should Individuals with 1 diS.il.blllty need an acconunoda· tlon In ord@l' to oartlclDate. con- tact Donato Trahan at the ad·**dre~s** olven below or at (llS} 219·J9a5. Twa hours ol free parking ate allaw..cl In the Galvez Garlge with a**~alldate~** parking ticket.



### I attest that the copy attached hereto as "Exhibit A" is a true and correct copy of the advertisement published in The Times-Picayune on these dates. State of Louisiana

Parish of Orleans

City of New Orleans

Personally appeared before me, a Notary in and for the parish of Orleans, Elizabeth C. Darcey who deposes and

says that she is an Assistant Controller of The TimesPicayune, L.L.C., a Louisiana Corporation, Publishers of

The Times-Picayune, Daily and Sunday, of general circulation; doing business in the City of New Orleans and

the State of Louisiana, and that the attached

LEGAL NOTICE

Re: Notice of Intent Gasoline Handling (LAC 33 III.2131) (AQ309)

Advertisement of Louisiana Department of

Environmental Quality

PO Box 4301

Baton Rouge, LA 70821

Was published in The Times Picayune

3800 Howard Ave.

New Orleans, LA 70125

On the following dates March 20, 2010

My .c.ommissiDn.exoires at mv death. u1ar1es /\

. .r-erguson, Jr.

Notary identification number 23492

### Final Rule no Tech. Amendments/July 20, 2010 AQ309

1 

### TITLE 33 ENVIRONMENTAL QUALITY

Part III. Air

Chapter 21. Control of Emission of Organic Compounds

Subchapter F. Gasoline Handling

§2131. Filling of Gasoline Storage Vessels

A. Applicability. This regulation is applicable to each gasoline handling facility in

the parishes of Bossier, Caddo, Beauregard, Calcasieu, Livingston, Pointe Coupee, East Baton

Rouge, West Baton Rouge, Iberville, Lafayette, St. Mary, Ascension, St. James, St. John the

Baptist, St. Charles, Lafourche, Jefferson, Orleans, St. Bernard, and Grant. Any parish to which

this regulation does not apply remains subject to the requirements of 40 CFR 63, Subpart

CCCCCC.

B A . Control Requirements . No person shall cause or allow the transfer of gasoline

from any delivery vessel into any stationary storage container unless such container is equipped

with a submerged fill pipe and unless the displaced vapor emissions from submerged filling of

the container are processed by a vapor recovery system which that reduces such emissions by at

least 90 percent.

C B

. Approved Vapor Balance System. When a vapor balance system is used to comply

with the above vapor recovery system control requirements , the balance system will be assumed

to meet the specified control requirements if the following conditions are met.

1. A vapor-tight return line having an internal cross-sectional area at least

one-half that of th e liquid line is connected before gasoline is can be transferred into the storage

container. No gasoline leaks exist anywhere in the liquid transfer system. Inspection for visible

liquid leaks, visible fumes, or odors resulting from gasoline dispensing operations shall be

### Final Rule no Tech. Amendments/July 20, 2010 AQ309

2 

### conducted by the owner or the operator of the gasoline outlet and the owner or the operator of the

tank truck. Gasoline loading or unloading through the affected transfer lines shall be

discontinued immediately when a leak is observed and shall not be resumed until the observed

leak is repaired.

2. The only atmospheric emission during gasoline transfer into the storage

container is through the s torage container pressure-vacuum valve.

3. The delivery vessel is kept vapor-tight at all times with vapor recovery

equipment. The delivery vessel must be in compliance with LAC 33:III.2137. The vapor-laden

delivery vessel may only be refilled at bulk gasoline plants complying with LAC 33:III.2133 or

bulk gasoline terminals complying with LAC 33:III.2135.

D C

. Alternate Vapor Balance Systems. Other vapor balance arrangements may be

accepted if proof of the emission level required in Subsection B of this Section LAC

33:III.2131.A is provided to the administrative authority. Approval of any alternate vapor

balance system shall not be valid unless it is received from the administrative authority in

writing.

E D

. Exemptions. The following are exempt from the requirements of Subsection B of

this Section LAC 33:III.2131.A :

1. affected facilities in attainment or unclassified areas (all parishes except

Bossier, Caddo, Beauregard, Calcasieu, Livingston, Pointe Coupee, East Baton Rouge, West

Baton Rouge, Iberville, Lafayette, St. Mary, Ascension, St. James, St. John the Baptist, St.

Charles, Lafourche, Jefferson, Orleans, St. Bernard and Grant);

1 2

. tran sfers made to storage tanks with a capacity greater than 40,000 gallons

(151,400 liters) and equipped with controls as required by LAC 33:III.2103 of these regulations;

### Final Rule no Tech. Amendments/July 20, 2010 AQ309

3 

### 2 3

. any gasoline outlet in the parish es of Ascension, Calcasieu, East Baton

Rouge, Iberville, Livingston, Pointe Coupee or and West Baton Rouge whose throughput is less

than 120,000 gallons (454,200 liters) per year, or any gasoline outlet in the parish es of

Beauregard, Bossier, Caddo, Grant, Jefferson, Lafayette, Lafourche, Orleans, St. Bernard, St.

Charles, St. James, St. John the Baptist, or and St. Mary whose throughput is less than 500,000

gallons (1,892,700 liters) per year. Once the rolling 30-day average throughput exceeds 10,000

gallons for a facility in the parish es of Ascension, Calcasieu, East Baton Rouge, Iberville,

Livingston, Pointe Coupee, or and West Baton Rouge, or 42,000 gallons for a facility in the

parish es of Beauregard, Bossier, Caddo, Grant, Jefferson, Lafayette, Lafourche, Orleans, St.

Bernard, St. Charles, St. James, St. John the Baptist, or and St. Mary, that facility becomes an

affected facility, and does not revert to an exempted facility when the throughput drops back

below the throughput exemption level;

3 4

. tanks with a capacity of 2,000 gallons or less installed before January 1,

1979, and new tanks with a capacity of 250 gallons or less installed after December 31, 1978;

and

4 5

. tanks having a capacity of less than 550 gallons used exclusively for the

fueling of farm implements and having a submerged fill line.

F E . Compliance. Compliance with this Section shall be determined by applying the

following test methods, as appropriate:

1. Test Method 27 (40 CFR Part 60, Appendix A, as incorporated by

reference at LAC 33:III.3003) for determination of vapor tightness of gasoline delivery tanks

using pressure-vacuum test;

2. Guideline report EPA-450/2-78-051, Appendix B, Gasoline Vapor Leak

### Final Rule no Tech. Amendments/July 20, 2010 AQ309

4 

### Detection Procedure by Combustible Gas Detector;

3. Test Method 21 (40 CFR Part 60, Appendix A, as incorporated by

re ference a t LAC 33:III.3003) for determination of volatile organic compound leaks.

G F . Recordkeeping. The owner or operator of any operation that is involved with

storing gasoline in any stationary container and required to comply with this Section LAC

33:I II.2131 shall maintain records to verify compliance with this Section. The records shall will

be maintained for at least two years and shall will include, but not be limited to, the following:

1. the date of delivery of each shipment of gasoline, and the certificate

number and date of certification of each delivery vehicle that delivers a shipment: . Any owner or

operator subject to this Section shall not accept delivery of gasoline from any gasoline tank truck

that does not comply with LAC 33:III.2137.A.2;

a. regulation LAC 33:III.2137.A.2 requires a sticker to be displayed

on the gasoline tank truck with the identification number of the tank and the date it was tested;

b. the owner or operator of any operation involved with storing

gasoline in any sta tionary container and required to comply with LAC 33:III.2131 shall not

accept delivery of gasoline from any gasoline tank truck that does not have a sticker indicating

that it has been inspected in the last year;

c. the sticker should be located near t he Department of Transportation

certification plate;

[NOTE: All gasoline tank trucks must have a sticker displayed on

each tank indicating the identification number of the tank and the date

each tank last passed the pressure and vacuum test described in LA C

33:III.2137.A.1. Each tank must be certified annually and the sticker must

### Final Rule no Tech. Amendments/July 20, 2010 AQ309

5 

### be displayed near the Department of Transportation certification plate.

Any repairs necessary to pass the specified requirements must be made

within 15 days of failure.]

2. the dates and a descriptions of any malfunction, repair, replacement or

modification of control systems or control equipment required to be used in the transfer of

gasoline from the gasoline tank truck to a stationary storage tank. If the problem is with

equipment on the tank truck, the name of information on the owner or operator of the tank truck,

the truck identification number, the date the problem occurred, and the driver’ s name shall be

recorded as part of the descriptions of any malfunction, repair, replacement or modification of

control systems required above ; and

3. the owner or operator shall maintain records of any testing requested by

the administrative authority to prove compliance with this Section LAC 33:III.2131 or any testing

done by the owner or operator on a voluntary basis.

H G

. Implementation Schedule. Facilities must be in compliance with this Section

within six months after becoming an affected facility.

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality,

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

amended LR 16:609 (July 1990), amended by the Office of Air Quality and Radiation Protection,

Air Quality Division, LR 17:654 (July 1991), LR 18:1123 (October 1992), LR 19:1564

(December 1993), LR 22:1212 (December 1996), amended by the Office of Environmental

Assessment, Environmental Planning Division, LR 27:193 (February 2001), amended by the

Office of the Secretary, Legal Affairs Division, LR 36:**.LDEQ-EDMS Document 6593062, Page 1 of 

### 31

HISTORICAL NOTE: Promulgated by the Board Elementary and Secondary Education, LR 34:610 (April 2 repromulgated LR 34: 1388 (July 2008), amended LR 36:

hapter 13. Personnel Requirements

301. Minimum Requirements for Lead School
Business Administrator/Chief Financial 0 tcer

Business Manager (Local School Distric and

Charter Schools) Repealed.
F.

AU ORITY NOTE: Promulgated e with R.S. 17:6(A) 10).

HIS RICAL NOTE: Promulgated by
Element and Secondary Education, LR 33:4
amended R 36: Family Impact Stateme

In acco ance with Section 953 and 97

Louisiana evised Statutes, there is ereby submitted a Family Imp t Statement on the Rule p posed for adoption, repeal or am dment. All Family Imp t Statements shall be kept on file i the state board offi which has adopted, amended, or epealed a Rule in accordance with the applicable pro vi ions of the law rela ng to public records.
I. Will th proposed Rule eel the stability of the family? No.

I. 2. Will the

it written comments via the 9, 2010, to Nina A. Ford, Secondary Education, P.O.

Rouge, LA 70804-9064.

FISCAL AN ECONOMIC IMP CT STATEMENT

F R ADMINISTRA TIV RULES
RULETI

TED IMPLEMENTATION TO
OR LOCAL GOVERNMENr UNITS (S

c proposed revisions in policy are rela d to changes in
fina cia) reporting by the state Department of ducation to the
U.

. Department of Education, and changes to allow for

fi ncial reporting per Act 310 of the 2009 Regul Legislative
S ssion reganiing weighted student funding. The will be no

· plementation costs to state mplementation costs to local school syste s are indetenninable, and will vary by district depending n the changes necessary to accounting systems to accommoda the
revisions. These should be one-ti ditu

641 It. llMA"liD EFFECT ON REVENUE CULLECTIONS OF ST
0 GOVERNMENTAL UNITS (Summary)

re will be no effect on revenue collections state or local go mmemal units.

m. ES11MA COSTS AND.IJR ECONOMI BENEFITS TO
DIRECJL Y PERSONS OR N GOVERNMENfAL

GROUPS**(.Sumr~** The desired im t is greater fi al transparency as a result
of more accurate an consist t fiscal reporting by school
districts. The revisions · provide the Department of
Education with the finan a data in a manner that allows for

ta col tions required by the federal

ON AND EMPLOYMENT

· There d employmen1.

H. Gordon Mon Legislative Fiscal cer Legislative Fiscal Offic

NOTICE OF INTENT

Department of Environmental Quality

Office of the Secretary

Gasoline Handling (LAC 33:111.2131)(AQ309)

Under the authority of the Environmental Quality Act.

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

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

.. the
secretary gives notice that rulernaking procedures have been

initiated to amend the Air regulations, LAC 33:Ill.2131 (Log #AQ309).

This Rule will clarify the applicability of Section 2131 of

LAC 33:III. SeCtion 213l regulates control requirements for gasoline handling facilities. Parishes exempt from the gasoline handling requirements of this Sectioil by Subsection

A of. the Section are nevertheless subject to 40 CFR Part 63, Subpart CCCCCC. This will be a revision to the State Implementation Plan (SW). This Rule will make the

Louisiana Administrative Code at least as slringent in the gasoline hadling area as the federal regulations. The basis

and rationale for this Rule are to mirror the federal regulations. This Rule meets an exception listed in R.S.
30:20 19(0)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmental/health benefits and sociaVeconomic

costs is required.

Title 33
ENVIRONMENTAL QUALITY

Part III. Air Chapter 21. Control of Emission of Organic Compounds Subchapter F. Gasoline Handling
§2131. Filling of GaS<Jiine Storage Vessels

A. Applicability. This regulation is applicable to each gasoline handling facility in the parishes of Bossier, Caddo, Beauregard. Calcasieu, Livingston, Pointe Coupee, East

Baton Rouge, West Baton

. Rouge, lberville, Lafayette, St. Mary, Ascension, St. James, St. John the Baptist, St. Charles.
Lafourche, Jefferson, Orleans. St. Bernard, and Grant. Any parish to which lhis regulation does not apply remains subject to the requirements of 40 CFR 63, Subpart

CCCCCC.

Louisiana Register Vol. 36, No. 3 March 20, 2010LDEQ-EDMS Document 6593062, Page 2 of 

### 31

B. Control Requirements. No person shall cause or allow

the transfer of gasoline from any delivery vessel into any stationary storage container unless such container is equipped with a submerged fill pipe and unless the displaced

vapor emissions from submerged filling of the container are processed by a vapor recovery system that reduces such

emissions by at least 90 percent. · ·

C. Approved Vapor Balance System. When a vapor balance system is used to comply with the above vapor

recovery system control requirement, the balance system
will be assumed to meet the specified control requirement if

the following conditions are met. t. A vapor·tight return line having an internal crosssectional area at least one·half that of the liquid line is

connected before gasoline is transferred into the storage
container. No gasoline leaks exist anywhere in the liquid

transfer system. Inspection for visible liquid leaks, visible fumes, or odors resulting from gasoline dispensing operations shaH be conducted by the owner or the operator
of the gasoline outlet and the owner or the operator of the

tank truck. Gasoline loading or unloading through the

affected transfer lines shall be discontinued immediately

when a leak is observed and shall not be resumed until the

observed leak is repaired.

2. The only atmospheric emission during gasoline

transfer into the storage container is through the storage
container pressure-vacuum valve. 3. The delivery vessel is kept vapor-tight at all times
with vapor recovery equipment. The delivery vessel must be

in compliance with LAC 33:III.2137. The vapor-laden delivery vessel may only be refilled at bulk gasoline plants complying with LAC 33:lll.2133 or bulk gasoline terminals complying with LAC 33:111.2135.

D. Alternate Vapor Balance Systems, Other vapor balance" arrangements may be accepted if proof of the

emission level required in Subsection B of this Section is provided to the administrative authority. Approval of any alternate vapor balance system shall not be valid unless it is

received from the administrative authority in writing.

E. Exemptions. The following are exempt from the requirements of Subsection B of this Section: I. transfers made to storage tanks with a capacity
greater than 40,000 gallons ( 151,400 liters) and equipped

with controls as required by LAC 33:lll.2103 of these regulations;

2. any gasoline outlet in the parish of Ascension, Calcasieu, East Baton Rouge, lbcn·ille, Livingston, Pointe Coupee or West Baton Rouge whose throughput is less than 120,000 gallons (454,200 liters) per year, or any gasoline

outlet in the parish of Beauregard, Bossier, Caddo, Grant, Jefferson, Lafayette, Lafourche, Orleans, St. Bernard, St. Charles, St. James, St. John the Baptist, or St. Mary whose throughput is less than 500,000 gallons ( 1,892,700 liters) per

year. Once the rolling 30-day average throughput exceeds

10.000 gallons for a facility in the parish of Ascension, Calcasieu, East Baton Rouge, Iberville, Livingston, Pointe Coupee, or West Baton Rouge, or 42,000 gal)ons for a facility in the parish of Beauregard, Bossier, Caddo; Grant, Jefferson, Lafayette, Lafourche, Orleans, St. Bernard, St.

Louisiana Register Vol. 35, No. 3 Marcll20, 2010 642 Charles, St. James, St. John the Baptist, or St. Mary, that facility becomes an affected facility, and does not revert to

an exempted facility when the throughput drops back below

the throughput exemption level;

3. tanks with a capacity of 2,000 gallons or less

installed before January 1. 1979, and new tanks with a capacity of 250 gallons or less installed after December 31, 1978;and

4. tanks having a capacity of less than 550 gallons

used ex:clusively for the fueling of farm implements and having a submerged fill line.

F. Comp1iance. Compliance with this Section shall be
determined by applying the following test methods, as appropriate:
I. Test Method 27 (40 CFR Part 60, Appendix A, as incorporated by reference at LAC 33:1II.3003) for

determination of vapor tightness of gasoline delivery tanks using pressure-vacuum test;
2. Guideline repon EPA-45012-78-051, Appendix B.

Gasoline Vapor Leak Detection Procedure by Combustible

Gas Detector;
3. Test Method 21 (40 CFR Part 60, Appendix A, as incorporated by reference at LAC 33:1II.3003) for

determination of volatile organic compound leaks.

G Recordkeeping. The owner or operator of any operation that is involved with storing gasoline in any stationary container and required to comply with this Section

shall maintain· records to verify compliance with this

Section. The records shall be maintained for at least two

years and shall include, but not be limited to, the following:

I. the date of delivery of each shipment of gasoline,

and the. certificate number and date of certification of each delivery vehicle that delivers a shipment. Any owner or operator subject to this Section shall not accept delivery of gasoline from any gasoline tank truck that does not comply
with LAC 33:III.2137.A.2;

[Note: All gasoline tank trucks must have a sticker displayed

on each tank indicating the identification number of the tank

and the date each tank last passed the pressure and vacuum

test described in LAC 33:HI.2137.A.I. Each tank must be

certified annually and the sticker must be displayed near the Department of Transportation certification plate. Any repairs

necessary to pass the specified requirements must be made

within 15 days of failure.] 2. the date and a description of any malfunction, repair, replacement or modification of control systems or control equipment required to be used in the transfer of gasoline from the gasoline tank truck to a stationary storage
tank. If the problem is with equipment on the tank truck, the

name of the owner or operator of the tank truck, the truck

identification number, the date the problem occurred, and the

driver's name shaH be recorded as part of the description;

and

3. records of any testing requested by the

administrative authority to prove compliance with this

Section or any testing done by the owner or operator on a voluntary basis.

H. Implementation Schedule. Facilities must be in compliance with this Section within six months after becoming an affected facility.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.LDEQ-EDMS Document 6593062, Page 

### 3 of 

### 31

HISTORICAL NOTE: Promulgated by the Department of
Environmental Quality, Office of Air Quality and Nuclear Energy,
Air Quality Division, LR 13:741 (December 1987), amended LR
16:609 (July 1990). amended by the Office of Air Quality and

Radiation Protection, Air Quality Division, LR 17:654 (July 1991 ),

LR 18:1123 (October 1992). LR 19:1564 (December 1993), LR
22:1212 (December 1996), amended by the Office of
Environmental Assessment, Environmental Planning Division, LR
27:193 (February 2001 ), amended by the Office of the Secretary, Legal Affairs Division, LR 36: Family Impact Statement

This Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972.
Public Comments

All interested persons are invited to submit written

comments on the proposed regulations. Persons commenting

should reference these proposed regulations by AQ309.

Such comments must be received no later than May 5, 2010,

at 4:30p.m., and should be sent to Donald Trahan, Attorney Supervisor, Office of the Secretary, Legal Affairs Division,

Box 4302, Baton Rouge, LA 70821-4302 or to fax (225)

219-3398 or by e-mail to donald.trahan@la.gov. Copies of

these proposed regulations 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 AQ309.

This regulation is available on the Internet at www.deq.louisiana.gov/portaVtabid/1669/default.aspx.
Public Hearing

A public hearing will be held on April 28, 2010, at 1:30

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 Donald Trahan 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.

These proposed regulations are available for inspection at
the following DEQ office locations from 8 a.m. until 4:30

p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, West Monroe, LA 71292: State Office Building, 1525 Fairfield Avenue, Shreveport, LA 7I 101;

1301 Gadwall Street. Lake Charles. LA 70615: Ill New

Center Drive, Lafayette, LA 70508; Ito. Barataria Street, Lockport, LA 70374: 201 Evans Road, Bldg. 4, Suite 420,

New Orleans, LA 70123.

Herman Robinson, CPM

Executive Counsel

FISCAL AND ECONOMIC IMPACT STATEMENT

FOR ADMINISTRATIVE RULES

RULE TITLE: Gasoline Handling

I. ESTIMATED IMPJ...EMEI\TI'ATION COSTS (SAVINGS) TO
Sf

ATE OR UJCAL GOVERNMENr UNITS (Summary)

There are no estimated implementation costs (savings) to

state or local governmental units as a result of the proposed
rule.
D. ESIIMATEDEFFECTONREVENUECOll.ECilONSOFSfATE
OR LOCAL GOVERNMENr AL UNITS (Summary)
There is no estimated effect on re,·enue collections of state

or local governmental units resulting from the proposed rule.

643 OJ. ES11MA TED COSTS AND/OR ECONOMIC BENmrs TO
DIRECILY AFFK1ED PERSONS OR NONGOVERNMENrAL
GROUPS (Summary)
The estimated costs to facilities that do not already have the required control equipment are approximately $12,000 per facility. This cost will not be incurred until a facility's monthly gasoline throughput exceeds 100,000 gallons per month. There
should be no impact to the parishes of Bossier, Caddo, Beauregard, Calcasieu, Livingston, Pointe Coupee, East Baton Rouge, West Baton Rouge, lberville, Lafayette, St. Mary, Ascension, St. James, St. John the Baptist, St. Charles, Lafourche, Jefferson, Orleans, St. Bernard, and Grant because
the required control equipment is already in place in these parishes.

IV. ESJIMATED EFFECT ON COMPE1TI10N AND EMPLOYMENT (Summ:uy)
There is no anticipated effect on competition or employment as a result of the proposed rule. The proposed rule
results from a federal law that applies nationwide.

Herman Robinson, CPM
Executive Counsel

10030052 H. Gordon Monk Legislative Fiscal Officer Legislative Fiscal Office

NOTICE OF INTENT

Department of Environmental Quality

Office of the Secretary

HW nks-Secondary Containment Require ents

an 90 Day Turnover of Hazardous Wa e (LAC 33:V.I

, 1109, I90J, 1907, 1909 and 7)(HWJ06)

Under the au ority of the Environmen Quality Act, R.S. 30:2001 et s ., and in accordance w· h the provisions

of the Administrati Procedure Act, R.S.**~9:950** et seq., the

secretary gives notic that rulemaking p ocedures have been

initiated to amend th f:Iazardous W te regulations, LAC
33:V.J09, 1109,1901, I 07,1909.0 dE,and4437.D(Log #HW106).

This Rule sets standar e use of concrete as an external secondary containm nt ystem for hazardous waste

tanks. It provides an a roval process for using

unlined/uncoated concrete as external liner system under specific circumstances. The ule also clarifies and adds an additional subsection to co plime the requirement of LAC

33:V.1909.D relating to he subj "accumulation time" exemption from hazardo s waste pe ·uing requirements by using a flow-through calculation in**~rtain** situations to provide dear stand s in the**regulati~~** that will provide prOlection for the s te's environment.**T~s** Rule meets an exception listed in R.S. 30:20I9(D 2) and R.S. 49:953(G)(3); therefore, no repo regarding

environmental/h alth benefits and social/econ mic costs is required.

Title 33

NVIRONMENTAL QUALITY
Part V. azardous Waste and Hazardous Mate · als Subpart • Department of Environmental Qualit
Hazardous Waste Chapter

. General Provisions and Definitions • §I09. efinitlons

I purposes of these rules and regulations, the terms
define in this Chapter shalJ have the following meanings,

unle the context of use clear I indicates otherwise.

Louisiana Register Vol. 36, No. 3 March 20, 2010

# LAC 33:III.2103

# This page intentionally
left blankLouisiana Register Vol. 36, No. 10 October 20, 2010 2270 amended LR 24:1902 (October 1998), LR 24:2237 (December 1998), LR 25:257 (February 1999), LR 25:655 (April 1999), LR 25:1794 (October 1999), LR 26:64, 67 (January 2000), LR 26:689 (April 2000), LR 26:1262 (June 2000), LR 26:1602 (August 2000), LR 26:1996, 1999, 2001 (September 2000), LR 26:2268 (October 2000), LR 26:2753 (December 2000), LR 27:36 (January 2001), LR 27:702 (May 2001), LR 27:1219, 1219 (August 2001), repromulgated LR 27:1850 (November 2001), amended LR 28:772 (April 2002), LR 28:2330, 2332 (November 2002), LR 29:125 (February 2003), LR 29:2372 (November 2003), LR 30:1162 (June 2004), LR 30:1471 (July 2004), LR 30:2019 (September 2004), LR 31:37 (January 2005), LR 31:2213 (September 2005), LR 31:3112 (December 2005), LR 32:2239 (December 2006), LR 33:435 (March 2007), LR 33:2357 (November 2007), LR 33:2612 (December 2007), LR 34:1389 (July 2008), LR 35:228 (February 2009), LR 36:312 (February 2010), LR 36:490 (March 2010), LR 36:2269 (October 2010). Chapter 8. TOPS-Tech Award §803. Establishing Eligibility

A. - A.6.a.iii. ... b. For students graduating in academic year (high school) 2008-2009 and after, for purposes of satisfying the requirements of §803.A.6.a above, the following courses shall be considered equivalent to the identified core courses and may be substituted to satisfy corresponding core

courses.

Core Curriculum Course Equivalent (Substitute) Course

Business English Senior Applications in English Geometry, Trigonometry, Calculus, or Comparable Advanced Mathematics Math Essentials

c. for students in graduating classes prior to 2004, core units may be waived upon sworn affidavit by the principal or headmaster or authorized designee that the
course was not available to the student at the school attended;

A.7. - B.4.b.ii. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1.

HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission, Office of Student Financial Assistance, LR 24:1904 (October 1998), amended LR 24:2237 (December 1998), LR 25:1795 (October 1999), LR 26:65 and 67 (January 2000), LR 26:1602 (August 2000), LR 26:1997 (September 2000), LR 26:2269 (October 2000), LR 26:2754 (December 2000), LR 27:36 (January 2001), LR 27:1220 (August 2001), repromulgated LR 27:1854 (November 2001), amended LR 28:447 (March 2002), LR 28:773 (April 2002), LR 28:2330 (November 2002), LR 29:554 (April 2003), LR 30:1164 (June 2004), LR 30:2019 (September 2004), LR 31:39 (January 2005), LR 31:3114 (December 2005), LR 33:437 (March 2007), LR 33:2614 (December 2007), LR 35:230 (February 2009), LR 36:491 (March 2010), LR 36:2270 (October 2010).

George Badge Eldredge
General Counsel

1010#020 RULE

Department of Environmental Quality Office of the Secretary Legal Affairs Division

Exemption for Tanks Storing Corrosive Materials (LAC 33:III.2103)(AQ312)

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Air regulations, LAC 33:III.2103.G. (AQ312)

This Rule exempts tanks storing corrosive materials at the Rhodia, Inc. Baton Rouge facility from the "submerged fill pipe" provisions of LAC 33:III.2103.A and B. Existing tanks are currently operating under Permit No. 0840-00033-V2, issued November 30, 2009, and are identified as follows:

Tank
Number Service TEMPO ID Requirement Citation

30D260 Spent Sulfuric Acid EQT008 LAC 33:III. 2103.B 30D070 Spent Sulfuric Acid EQT161 LAC 33:III. 2103.B 30D100 Spent Sulfuric Acid EQT163 LAC 33:III. 2103.B 30D110 Spent Sulfuric Acid EQT164 LAC 33:III. 2103.B 30D120 Spent Sulfuric Acid EQT165 LAC 33:III. 2103.B 30D140 Spent Sulfuric Acid EQT167 LAC 33:III. 2103.B 30D150 Spent Sulfuric Acid EQT168 LAC 33:III. 2103.B 30D160 Spent Sulfuric Acid EQT169 LAC 33:III. 2103.B 30D190 Spent Sulfuric Acid EQT171 LAC 33:III. 2103.B 20D120 Spent Sulfuric Acid EQT176 LAC 33:III. 2103.A 40D200 Treatment Services EQT180 LAC 33:III. 2103.B 40D250 Treatment Services EQT177 LAC 33:III. 2103.B 40D280 Treatment Services EQT178 LAC 33:III. 2103.B 40D210 Treatment Services EQT181 LAC 33:III. 2103.A 40D220 Treatment Services EQT183 LAC 33:III. 2103.A 40D290 Treatment Services EQT179 LAC 33:III. 2103.A 40D300 Treatment Services EQT182 LAC 33:III. 2103.A The tanks in question are used to store spent sulfuric acid and other D001 corrosive materials and are equipped with submerged fill pipes. However, the design specifications for these submerged fill pipes are inconsistent with the definition of submerged fill pipe set forth in LAC 33:III.111, in that the fill pipe openings are greater than six inches from the tank bottoms. Spent sulfuric acid is highly corrosive and the internal specifications of the Rhodia tanks dictate a distance greater than six inches above the tank bottom to
allow for diffusion and a reduction in the force of the incoming fluid to protect the integrity of the bottom of the tank. The definition does allow an exception from the six inch requirement, but only if the fill pipe is submerged "during all normal operations (nozzle shall not be uncovered more than twice per year)." However, the Rhodia facility is required for operational reasons to frequently draw down these tanks to below the fill pipe openings to avoid an
excessive accumulation of solids. Solid accumulation results in more frequent tank cleanings, which create increased air emissions and the potential for personnel exposure.

For the twelve tanks listed as subject to LAC 33:III.2103.B, this exception applies only to the "submerged fill pipe" provision of Section 2103.B. Rhodia has equippedLouisiana Register Vol. 36, No. 10 October 20, 2010 2271 these tanks with vapor loss control devices in accordance with the other requirements of Section 2103.B and their air permit, and shall continue to operate and maintain the
control devices. The basis and rationale for this Rule are to provide tanks storing corrosive materials with an exemption from the "submerged fill pipe" provisions of LAC 33:III.2103.A and B. 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.
Title 33 ENVIRONMENTAL QUALITY
Part III. Air Chapter 21. Control of Emission of Organic Compounds Subchapter A. General §2103. Storage of Volatile Organic Compounds

A. - F. ... G. Exemptions. The provisions of this Section (e.g., LAC 33:III.2103) do not apply to:
1. - 4. ... 5. with regard to the requirements of Paragraph C.1 of this Section, any storage tank that is used for less than two weeks in the calendar year, provided that the tank is empty and liquid-free when not in use; 6. with regard to the submerged fill pipe provisions of Subsection A of this Section, tanks, drums, or other containers storing pyrophoric catalyst at the Vistalon Production Facility of ExxonMobil Chemical Company’s Baton Rouge Chemical Plant; and 7. with regard to the submerged fill pipe provisions of Subsections A and B of this Section, tanks, drums, or other containers used for the storage of corrosive materials, including but not limited to spent sulfuric acid and hazardous waste, at the Baton Rouge facility of Rhodia Inc.

H. - J. ... 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 15:1065 (December 1989), repromulgated LR 16:27 (January 1990), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:360 (April 1991), LR 18:1121 (October 1992), LR 20:1376 (December 1994), LR 21:1223 (November 1995), repromulgated LR 21:1333 (December 1995), amended LR 22:453 (June 1996), LR 22:1212 (December 1996), LR 24:20 (January 1998), LR 24:2242 (December 1998), LR 25:657 (April 1999), LR 25:852 (May 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2452 (November 2000), LR 28:1763 (August 2002), LR 30:1671 (August 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2439 (October 2005), LR 33:447 (March 2007), LR 33:2085 (October 2007), LR 36:2271 (October 2010).

Herman Robinson, CPM
Executive Counsel

1010#011 RULE

Department of Environmental Quality Office of the Secretary Legal Affairs Division

Incorporation by Reference

ʊ 2009 (LAC 33:I.3931; III.506, 507, 2160, 3003, 5116, 5122, 5311, 5901; V.3099; IX.2301, 4901, 4903; and XV.1599) (MM014ft)

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 Environmental Quality regulations, LAC 33:I.3931; III.506, 507, 2160, 3003, 5116, 5122, 5311 and 5901; V.3099; IX.2301, 4901 and 4903; XV.1599 (Log #MM014ft).

This Rule is identical to federal regulations found in 10 CFR 71, App. A, 1/1/10; 40 CFR 51, App. M, 60-61, 63, 68, 70, 6(a), 117.3, 136, 266, App. I-IX and XI-XIII, 302.4, 302.6(e), 355.40(a)(2)(vii), 401 and 405-471, 7/1/09; and subsequent revisions to 40 CFR 60 and 63 in the Federal Register (see rule text), which are applicable in Louisiana. For more information regarding the federal requirement, contact the Regulation Development Section at (225) 219- 3985 or Box 4302, Baton Rouge, LA 70821-4302. No Fiscal or Economic Impact will result from the Rule. This Rule was promulgated in accordance with the procedures in R.S. 49:953(F)(3) and (4).

This Rule incorporates by reference (IBR) into LAC 33:I, III, V, IX and XV the corresponding federal reportable quantity list of hazardous substances in 40 CFR 117.3 and 302.4, July 1, 2009; administrative reporting exemptions for certain air releases of Nox in 40 CFR 302.6(e) and 355.40(a)(2)(vii), July 1, 2009; Capture Efficiency Test Procedures in 40 CFR Part 51, Appendix M, July 1, 2009; Federal So2 Model Rule in 40 CFR Part 96, July 1, 2009; Standards of Performance for New Stationary Sources in 40 CFR Part 60, July 1, 2009; National Emission Standards for Hazardous Air Pollutants (NESHAP) in 40 CFR Part 61, July 1, 2009; NESHAP for Source Categories in 40 CFR Part 63, July 1, 2009; Chemical Accident Prevention and Minimization of Consequences in 40 CFR Part 68, July 1, 2009; Part 70 Operating Permits Program in 40 CFR 70.6(a), July 1, 2009; hazardous waste regulations in 40 CFR Part 266, Appendices I-IX and XI-XIII, July 1, 2009; National Pollutant Discharge Elimination System regulations in 40 CFR Parts 136, 401, 405-471, July 1, 2009; and radiation regulations in 10 CFR Part 71, Appendix A, January 1, 2010. Also incorporated are subsequent revisions to 40 CFR Part 60 and 63 promulgated in the Federal Register.

In order for Louisiana to maintain equivalency with federal regulations, the most current Code of Federal Regulations must be adopted in the LAC. This rulemaking is necessary to maintain delegation, authorization, etc., granted to Louisiana by EPA. This incorporation by reference package was proposed to keep Louisiana's regulations current with their federal counterparts.LDEQ-EDMS Document 7644990, Page 1 of 46



# ••

•**'v---~,-** -- 

# ORIGINAL

STATE OF LOUISIANA**DEPART~ENT** 

### OF**ENVI~ONMENTAL** 

### QUALITY

REGULATION DEVELOPMENT SECTION

PUBLIC HEARING IN RE:

EXEMPTION FOR TANKS STORING
CORROSIVE MATERIALS
LAC 33.IL.2103.G

LOG # AQ312



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The Public Hearing held by the Department of

Environmental Quality, Regulation Development

Section, at the Galvez Building, lOth Floor,

Conference Room No. 1051, 602 N. Fifth Street, Baton

Rouge, Louisiana, beginning at 33 p.m. on

Wednesday, August 25, 2010.

* 

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### * 

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Reported by:

Susan Erkel

Certifled Court Reporter

In and for the State of Louisiana

ASSOCIATED REPORTERS, INCORPORATED (225) 216-2036

1LDEQ-EDMS Document 7644990, Page 2 of 46



# •

•

• A P P E A R A N C E S

'OR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY:

SUSAN HAM
HEARING OFFICER

Department of Environmental Quality Legal Affairs Division, 8th Floor Regulation Development
602 N. Fifth Street
Baton Rouge, Louisiana 70.802



## * 

## * * 

## * * 

## * 

## * * * 

## *

ASSOCIATED REPORTERS, INCORPORATED (225) 216-2036**~------------··-··** ·- -- 2LDEQ-EDMS Document 7644990, Page 3 of 46



# •

•

• 1 

### P R 0 C E E D I N G S

2 

### MS. H.'\M:

3 Good afternoon.

4 My name is Susan Ham and I'm employed by the

5 Louisiana Department of Environmental Quality.

6 I'll be serving as the hearing officer this

7 afternoon to receive comments regarding proposed

8 amendments to the l\.ir, Water and Multi-Media

9 Regulations.

10 The**co~ment** 

### period for these amendments

ll began on July 20, 2010, when the notice of

12 intent was published in the 

### Louisiana Register.

13 The comment period will close at 4:30 p.m.,



### 14 today, August 25, 2010, for the Log Number(s)

15 MM014ft and at 4:30p.m., September 1, 2010 for

16 the Log Number(s) ll.Q312 and WQOBO. It ·would be

17 helpful to us if all oral comments received

18 today were followed up in writing.

19 This public hearing provides a forum for all.

20 interested parties to present comments on the

21 proposed changes. This hearing is not being

22 conducted in a question and answer format.

23 Please remember that the purpose of this public

24 hearing is to allow you, the public, an



### 25 opportunity to express your thoughts concerning

ASSOCIATED REPORTERS, INCORPORATED (225) 215-2036

3LDEQ-EDMS Document 7644990, Page 4 of 46



# •

•

•• 1 today's proposed amendments

.



### 2 I'll ask that each person commenting come up

3 and sit at the front table and begin by stating

4 his or her name and affiliation for the record.

5 The first amendment is designated by .the Log

6 Number AQ312.

7 .This proposed Rule exempts tanks storing

8 corrosive materials at the Rhodia, Incorporated

9 Baton Rouge facility from the "submerged fill

10 pipe" prtivisions of LAC 33:III.2103.A and B.

11 Existing tanks are**curren~ly** 

### operated under

12**Permi~** 

### No. OB40-00033-V2, which was issued

13 November 30, 2009

.

14 

### The tanks in question are used to store

15 spent sulfuric acid and other 0001 corrosive

16 materials anp are equipped with submerged fill

17 pipes. However, the design**specifica~ions** 

### for·

18 t he s e sub me r,g e d f i 11 pi p e s a r e inc on s i s t en t with

19 the .definition of submerged fill pipe set forth

20 in LAC 33:III.lll, in that the fill pipe

21 openings are greater than six inches from the

22 tank bottoms. Spent sulfuric acid is highly

23 corrosive and the internal specifications of the

24 Rhodia tanks dlctate a distance greater than six

25 inches above the tank bottom to allow for

ASSOCIATED REPORTERS, INCORPORATED (225) 216-2036
4LDEQ-EDMS Document 7644990, Page 5 of 46



# •

•

• 1 diffusion and a reduction in the force of the

2 

### incoming fluid to protect the integrity of the

3 bottom of the tank.

4 ,The definition does allow an exception from

5 the:six inch requirement, but only if the fill

6 pipe is submerged "during all normal operations

7 (nozzle shall not be uncovered more than twice

8 

### per year) " 

### However, the ?<.hodia facility is

9 required for operational reasons to frequently

10 draw down these tanks to below the fill pipe

11 openings to avoid an excessive accumulation of



### 12 solids. Solid accumulation results in more

13 frequent cank cleanings, which create increased

14 

### air emissions and the potential for personnel

15 exposure.

16 For the twelve tanks listed as subject to

17 LAC 33:III.2103.8, this exception applies only

18 to the "submerged fill pipe" provision of

19 

### Section 2103.8. Rhodia has equipped these tanks

20 with vapor loss control**d~vices** 

### in accordance

21 with the other requirements of Section 2103.8

22 and their air permit, and shall continue to

23 operate and maintain the control devices.

24 Does anyone care to comment on this

25 

### regulation? (No response. I

ASSOCIATED REPORTERS, INCORPORATED (225) 216-2036 

### 5LDEQ-EDMS Document 7644990, Page 6 of 46



# •

•

• 1 

### If 

### not, the hearing 

### on AQ312 is closed.

2 Thank you for your attention and

3 participation.

4 This hearing is closed.

5

6.



### 7



### 8



### 9

10

11



### 12



### 13

14



### 16



### 17

18

19



### 20

21

22

23

24



### 25 (THE HEARING ADJOURNED AT 1:37 P.M.)



### ASSOCIATED REPORTERS, INCORPORATED
(225) 216-2036


### 6LDEQ-EDMS Document 7644990, Page 7 of 46



# •

•

• C E R T I F 

### I C A T E



### This certification is valid only for a

transcript accompanied oy my original signature and

official seal on this page.

I, SUSF1N ERKEL, Ce::tified Court Reporter, in

and for the State of Louisiana, as the officer

before whom this hearing was**ta~en,** 

### do hereby

certify that the foregoing 6 pages were**repo~ted** 

### by

me in the voice-writing method, and was prepared and

transcribed by me or under my personal direction and

supervision, and is a true and correct transcript to

the best of my ability and understanding;

That I am not related to counsel or to the parties

herein; am not otherwise interested in the outcome of this

matter; and**a~** 

### a valid member in good standing of the

Louisiana Stace Board of Examiners of Certified Shorthand

Reporters.

# --~-~-~----------- SUSAN ERKEL

CERTIFIED COURT REPORTER

LICENSE NO. 24005

ASSOCIATED REPORTERS, INCORPORATED 

### (225) 216-2036

7LDEQ-EDMS Document 7644990, Page 8 of 46



# •

•

• R E P 0 R T E R ' S 

### P A G E

I, SUSAN ERKEL,**Certif~ed** 

### CourL Reporter in and for the

State of Louisiana, before whom this sworn testimony was

taken, do hereby state on the Record:

That due to the interaction in the spontaneous discourse

of this proceeding, dashes (--) have been**~sed** 

### to indicate

pauses, changes in thought, and/or talkovers;

That same is the proper method for a Court Reporter's

transcription of proceedings, and that the dashes (--) do not

indicate that words or phrases have been left out of this

transcript;

That any words and/or names which could not be verified

through reference material have been denoted with the phrase

"(spelled phonetically)."

# --~~---~---------- _SUSAN ERKEL

CERTIFIED COURT REPORTER

LICENSE NO. 24005



### ASSOCIATED REPORTERS, INCORPORATED (225) 216-2036
8LDEQ-EDMS Document 7725935, Page 1 of 31



### The hereto attached notice was in 

### THE ADVO>CA.TE

a**ne·ws:pa]~er** of: 

### circulation pub•lisl1ed in Baton 

### Rot•ge, LOl>i&iaDJa, 

### and the Official J our-1



### of tile 

### State of

### ~~:~::•· of: 

### Baton
and of East 

### Baton**Rn•~ge** In 

### the !S<sues:

Swam and ault>S<c•rill•e4 before me the



### pemon whose**appe~~~rs** 

### above

PUblic !Dil 88293 

### State of Louisiana Commlulon J!:>qlire

.. :**ll>detfillli~·~'<C**

BATON ROUGE 

### l.A 70821-4314 ', \ \ l j ';:LDEQ-EDMS Document 7725935, Page 2 of 31



# AFFIDAVIT

solemnly swear



### !he

sworn to meLDEQ-EDMS Document 7725935, Page 3 of 31LDEQ-EDMS Document 7725935, Page 4 of 31



# \!the**~itnes-ficaJ!utte**

3800 HOWllRD li.VENtlE, NEW ORLEANS, LOUISlli.Nll. 70140-1097 TELEPHONE (504) 826-3201



### Exhibit A

Attached

I 

### attest that the copy attached hereto as "Exhibit 

### A" is a true and correct copy of the advenisement published in The Times-Picayune on these dates. State of Louisiana

Parish of Orleans

City of New Orleans

Personally appeared before me, a Notary in and for the parish of Orleans, Elizabeth C. Darcey who deposes and

says that she is an Assistant Controller of The TimesPicayune, L.L.C., a Louisiana Corporation, Publishers 

### of

The Times-Picayune, Daily and Sunday, of general
circulation; doing business in the City of New Orleans and

the State of Louisiana, and that the attached

LEGAL NOTICE

Re: Exemption for Tanks Storing Corrosive Materials (A 

### Q3 12) (LAC 

### JJ :III.2 

### I 03.G) (AQ31 2)



### Advenisement of Louisiana Department of

Environmental Quality

PO Box 4301

Baton Rouge, LA 70821

Was published in The Times Picayune

3800 Howard Ave

New Orleans, LA 70125

On the following dates July 20, 2010

21" Sworn to and su cribed before me this Dayof July,2010

M.v. 1 commi<Siaa cxoircs acmy dcalh.

- t:.: l3riC'S /\. J·crguson. Jr.

Notary idcn1itica1ion number 23492LDEQ-EDMS Document 7725935, Page 5 of 31

NOT1CE OF INTENTLDEQ EDMS Document 7725935, Page 6 of 31



# Publisher of

THE NEWS-STAR MONROE, LOUISIANA
PROOF OF PUBLICATION

The hereto attached advertisement

Was published in the NEWS-STAR.

A daily newspaper of general circulation.

Published in Monroe, Louisiana.

Parish of Ouachita in the issues of:



# LEGAL AD DEPT.

Sworn and subscribed before me by

The person whose signature appears above in Monroe, LA on this



# _/.u.O:...__«

__ day of

# ~ 1

# ~F 20/0 AD



# NOTARY PUBLICLDEQ-EDMS Document 7725935, Page 7 of 31



# Affidavit of Publication

0

me on this I---,**--~- ~** **u~ ~~** LDEQ-EDMS Document 7725935, Page 9 of 31



### Acadiana•s Daily Newspaper



# THE ADVERTISER

1100 Bertrand Drive LAFAYETTE, LA 70506 PHONE: (337) 289-6300

FAX: (337) 289-6466



## AFFIDAVIT OF PUBLICATION

Nancy Scott

LA Department of Environmental Quality OSEC/Legal Affairs Division Account No.:
Ad Number:

Ad 

### Total:

No. of Lines:
Reference No.: BDEQRD

1331758

511&.75

275 

### Remediation & 

### Regulation Development Section



### P. 0. Box 4302
Baton Rouge, LA 70821-4302 "'To 1nsure proper credit please re!er to yoU! ac::count number
and/or ad number when making payment Remittancl'!**atldrf'!'>~·** P.O. BoK 3268.lafayette, LA 70502-3258

I, ROSE PENFOLD, do solemnly swear that I am the LEGAL CLERK of THE ADVERTISER,

a newspaper printed and published at Lafayette, in the Parish of Lafayette, State of Louisiana, and

that from my personal knowledge and reference to the files of said publication, the advertisement of



### NOTICE OF INTENT Department of Environmental Quality
Office of the Secretary Legal Affairs Division Exemption for Tanks Storing Corrosive Materials (AQ312) (LAC 33:111.2103.G.l (AQ312l

was published in 

### TilE ADVERTISER on the following dates:



### •sunday, July 11. 2010

ROSE PE FOLD

LEGAL CLERK



### Sworn to and subscribed before me this 12th day 

### of July, 

### 2010.



### Notary Public- Christie VeazeY.DMS Document 7725935, Page 10 of 31

Rchi:rwn,

"'"riu'lw$ Ccvn:.elLDEQ-EDMS Document 7725935, Page 11 of 31



# GrhtGrimt5

PROOF OF PUBLICATION

sworn, dep•Jses

011 !o 

### wit:



### 13,2010

### Final Rule/October 20, 2010 Regulation Development – AI# 168759 AQ312

1 

### Title 33

E NVIRONMENTAL QUALITY

Part III. Air

Chapter 21. Control of Emission of Organic Compounds

Subchapter A. General

§2103. Storage of Volatile Organic Compounds

A. – F. ...

G. Exemptions. The provisions of this Section (e.g., LAC 33:III.2103) do not apply

to:

1.

– 4

. ...

5. with regard to the requirements of Paragraph C.1 of this Section, any

storage tank that is used for less than two weeks in the calendar year, provided that the tank is

empty and liquid-free when not in use; and

6. with regard to the submerged fill pipe provisions of Subsection A of this

Section, tanks, dr

ums, or other containers storing pyrophoric catalyst at the Vistalon Production

Facility of ExxonMobil Chemical Company’s Baton Rouge Chemical Plant. ; and

7. with regard to the submerged fill pipe provisions of Subsections A and B

of this Section, tanks, drums, or other containers used for the storage of corrosive materials,

including but not limited to spent sulfuric acid and hazardous waste, at the Baton Rouge facility

of Rhodia In c.

H. – J. ...

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality,

### Final Rule/October 20, 2010 Regulation Development – AI# 168759 AQ312

2 

### Office o f Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987),

amended LR 15:1065 (December 1989), repromulgated LR 16:27 (January 1990), amended by

the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:360 (April

1991), LR 18:1121 (October 1992), LR 20:1376 (December 1994), LR 21:1223 (November

1995), repromulgated LR 21:1333 (December 1995), amended LR 22:453 (June 1996), LR

22:1212 (December 1996), LR 24:20 (January 1998), LR 24:2242 (December 1998), LR 25:657

(April 1999), LR 25:852 (May 1999), amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2452 (November 2000), LR 28:1763 (August 2002),

LR 30:1671 (August 2004), amended by the Office of the Secretary, Legal Affairs Division, LR

31:2439 (October 2005), LR 33:447 (March 2007), LR 33:2085 (October 2007), LR 36:**.Louisiana Register Vol. 36, No. 7 July 20, 2010 1605 shown in §307.D for account owners who are members of the family of the beneficiary who report an adjusted gross income of $100,000 and above. 6. Example. An account owner has made deposits in a START account for a beneficiary during calendar year 2010 and desires to receive the highest earnings enhancement rate authorized for those deposits. If the account owner did not file a Louisiana Income Tax Return for the tax year 2009 or is notified by LATTA that the Louisiana Department of Revenue could not validate his federal adjusted gross income, he must submit the tax documents for tax year 2009 required by §307.B.2.b so that they are received by LATTA no later than February 15, 2011, or his earnings
enhancement rate will be defaulted to the rate for account owners who are members of the family of the beneficiary who report an adjusted gross income of $100,000 and above.

C. - J.3. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
17:3091-3099.2.

HISTORICAL NOTE: Promulgated by the Tuition Trust Authority, Office of Student Financial Assistance, LR 23:715 (June 1997), amended LR 24:1271 (July 1998), LR 25:1794 (October 1999), LR 26:1263 (June 2000), LR 26:2263 (October 2000), LR 27:37 (January 2001), LR 27:1222 (August 2001), LR 27:1880 (November 2001), LR 28:779 (April 2002), LR 30:788 (April 2004), LR 30:2302 (October 2004), LR 34:1886 (September 2008),
LR 36: §311. Termination, Refund, and Rollovers of an Education Savings Account

A. - B.2. ...

3. The LATTA may terminate an account if no deposit of at least $10 has been made within 180 days from the date on the letter of notification of approval of the account.

B.4. - I.2.b. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
17:3091-3099.2.

HISTORICAL NOTE: Promulgated by the Tuition Trust Authority, Office of Student Financial Assistance, LR 23:717 (June 1997), amended LR 24:1273 (July 1998), repromulgated LR 26:2265 (October 2000), amended LR 27:38 (January 2001), LR 27:1882 (November 2001), LR 28:779 (April 2002), LR 30:790 (April 2004), LR 31:639 (March 2005), LR 32:1434 (August 2006), LR 32:2240 (December 2006), LR 33:444 (March 2007), LR 35:236 (February 2009), LR 36:492 (March 2010), LR 36: Family Impact Statement The proposed Rule has no known impact on family formation, stability, or autonomy, as described in R.S.
49:972.
Public Comments

Interested persons may submit written comments on the proposed changes (ST10119NI) until 4:30 p.m., August 10, 2010, to Melanie Amrhein, Executive Director, Office of Student Financial Assistance, P. O. Box 91202, Baton Rouge, LA 70821-9202.
Small Business Statement The proposed Rule will have no adverse impact on small businesses as described in R.S. 49:965.2 et seq. (ST10119NI)

George Badge Eldredge
General Counsel FISCAL AND ECONOMIC IMPACT STATEMENT
FOR ADMINISTRATIVE RULES RULE TITLE: START Saving Program Account Deposits/Documentations

I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) This rulemaking extends the deadline to make an initial deposit into a START Account and extends the deadline to submit tax return documentation. There are no implementation costs or savings to state and local governments because of these proposed changes.
II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) Revenue collections of state and local governments will not be affected by the proposed changes.
III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO
DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) The proposed changes benefit START account owners by extending the deadline to make an initial deposit into a START Account and extending the deadline to submit tax return documentation. This gives account owners more flexibility to meet START Program requirements and make it more likely that account owners will receive the highest state match for which they qualify.
IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) There are no anticipated effects on competition and employment resulting from these measures.

George Eldredge H. Gordon Monk General Counsel Legislative Fiscal Officer

1007#019 Legislative Fiscal Office

NOTICE OF INTENT

Department of Environmental Quality Office of the Secretary Legal Affairs Division

Exemption for Tanks Storing Corrosive Materials (LAC 33:III.2103)(AQ312)

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 re gulations, LAC 33:III.2103.G. (AQ312).

This proposed Rule exempts tanks storing corrosive materials at the Rhodia, Inc. Baton Rouge facility from the "submerged fill pipe" provis ions of LAC 33:III.2103.A and B. Existing tanks are currently operating under Permit No. 0840-00033-V2, issued November 30, 2009, and are
identified as follows:

Tank
Number Service TEMPO ID Requirement Citation

30D260 Spent Sulfuric Acid EQT008 LAC 33:III.2103.B 30D070 Spent Sulfuric Acid EQT161 LAC 33:III.2103.B 30D100 Spent Sulfuric Acid EQT163 LAC 33:III.2103.B 30D110 Spent Sulfuric Acid EQT164 LAC 33:III.2103.B 30D120 Spent Sulfuric Acid EQT165 LAC 33:III.2103.B 30D140 Spent Sulfuric Acid EQT167 LAC 33:III.2103.B 30D150 Spent Sulfuric Acid EQT168 LAC 33:III.2103.B 30D160 Spent Sulfuric Acid EQT169 LAC 33:III.2103.BLouisiana Register Vol. 36, No. 7 July 20, 2010 1606 Tank
Number Service TEMPO ID Requirement Citation

30D190 Spent Sulfuric Acid EQT171 LAC 33:III.2103.B 20D120 Spent Sulfuric Acid EQT176 LAC 33:III.2103.A 40D200 Treatment Services EQT180 LAC 33:III.2103.B 40D250 Treatment Services EQT177 LAC 33:III.2103.B 40D280 Treatment Services EQT178 LAC 33:III.2103.B 40D210 Treatment Services EQT181 LAC 33:III.2103.A 40D220 Treatment Services EQT183 LAC 33:III.2103.A 40D290 Treatment Services EQT179 LAC 33:III.2103.A 40D300 Treatment Services EQT182 LAC 33:III.2103.A The tanks in question are used to store spent sulfuric acid and other D001 corrosive materials and are equipped with submerged fill pipes. However, the design specifications for these submerged fill pipes are inconsistent with the definition of submerged fill pipe set forth in LAC 33:III.111, in that the fill pipe openings ar e greater than six inches from the tank bottoms. Spent sulfuric acid is highly corrosive and the internal specifications of the Rhodia tanks dictate a distance greater than six inches above the tank bottom to
allow for diffusion and a reduction in the force of the incoming fluid to protect the integrity of the bottom of the tank. The definition does allow an exception from the six inch requirement, but only if the fill pipe is submerged "during all normal operations (nozzle shall not be uncovered more than twice per year)." However, the Rhodia facility is required for operational reasons to frequently draw down these tanks to below the fill pipe openings to avoid an
excessive accumulation of solids. Solid accumulation results in more frequent tank cleanings, which create increased air emissions and the potential for personnel exposure.

For the twelve tanks listed as subject to LAC 33:III.2103.B, this exception applies only to the "submerged fill pipe" provision of Section 2103.B. Rhodia has equipped these tanks with vapor loss control devices in accordance with the other requirements of Section 2103.B and their air permit, and shall continue to operate and maintain the
control devices. The basis and rationale for this Rule are to provide tanks storing corrosive materials with an exemption from the "submerged fill pipe" provisions of LAC 33:III.2103.A and B. 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.
Title 33 ENVIRONMENTAL QUALITY
Part III. Air Chapter 21. Control of Emission of Organic Compounds Subchapter A. General §2103. Storage of Volatile Organic Compounds

A. - F. ... G. Exemptions. The provisions of this Section (e.g., LAC 33:III.2103) do not apply to:
1. - 4. ... 5. with regard to the requirements of Paragraph C.1 of this Section, any storage tank that is used for less than two weeks in the calendar year, provided that the tank is empty and liquid-free when not in use; 6. with regard to the submerged fill pipe provisions of Subsection A of this Section, tanks, drums, or other containers storing pyrophoric catalyst at the Vistalon Production Facility of ExxonMobil Chemical Company’s Baton Rouge Chemical Plant; and 7. with regard to the submerged fill pipe provisions of Subsections A and B of this Section, tanks, drums, or other containers used for the storage of corrosive materials, including but not limited to spent sulfuric acid and hazardous waste, at the Baton Rouge facility of Rhodia Inc.

H. - J. ... 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 15:1065 (December 1989), repromulgated LR 16:27 (January 1990), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:360 (April 1991), LR 18:1121 (October 1992), LR 20:1376 (December 1994), LR 21:1223 (November 1995), repromulgated LR 21:1333 (December 1995), amended LR 22:453 (June 1996), LR 22:1212 (December 1996), LR 24:20 (January 1998), LR 24:2242 (December 1998), LR 25:657 (April 1999), LR 25:852 (May 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2452 (November 2000), LR 28:1763 (August 2002), LR 30:1671 (August 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2439 (October 2005), LR 33:447 (March 2007), LR 33:2085 (October 2007), LR 36: Family Impact Statement This Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972. Public Hearing A public hearing will be held on August 25, 2010, at 1:30 p.m. in the Galvez Building, Room 1051, 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 Donald Trahan 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.
Public Comments All interested persons are invited to submit written comments on the proposed regulation. Persons commenting should reference this proposed regulation by AQ312. Such comments must be received no later than September 1, 2010, at 4:30 p.m., and should be sent to Donald Trahan, Attorney Supervisor, Office of the Secretary, Legal Affairs Division, Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 219-3398 or by e-mail to donald.trahan@la.gov. Copies of these proposed regulations 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 AQ312. These proposed regulations are available on the Internet at:

www.deq.louisiana.gov/portal/tabid/1669/default.aspx. These proposed regulations are available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 111 New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123.

Herman Robinson, CPM
Executive CounselLouisiana Register Vol. 36, No. 7 July 20, 2010 1607 FISCAL AND ECONOMIC IMPACT STATEMENT
FOR ADMINISTRATIVE RULES RULE TITLE: Exemption for Tanks Storing Corrosive Materials

I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) There will be no costs or savings to state or local governmental units as a result of this proposed rule.
II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)
There will be no effect on revenue collections of state or local governmental units.
III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO
DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary) This rule is limited in scope, affecting only tanks storing corrosive materials at the Rhodia Inc. Baton Rouge facility. The rule grants an exemption from an environmental quality air rule to prevent premature failure of the affected tanks. Any economic benefits accruing from operation of the tanks in the exempted mode must be weighed against business losses that would be incurred from strict adherence to the rule, and are difficult to quantify. The tanks in question are used to store spent sulfuric acid and other D001 corrosive materials and are equipped with submerged fill pipes. However, the design specifications for these submerged fill pipes are inconsistent with the definition
of submerged fill pipe set forth in LAC 33:III.111, in that the fill pipe openings are greater than six inches from the tank bottoms. Spent sulfuric acid is highly corrosive and the internal specifications of the Rhodia tanks dictate a distance greater
than six inches above the tank bottom to allow for diffusion and a reduction in the force of the incoming fluid to protect the integrity of the bottom of the tank. The definition does allow an exception from the six inch requirement, but only if the fill pipe is submerged “during all normal operations (nozzle shall not be uncovered more than twice per year).” However, the facility is required for operational reasons to frequently draw down these tanks to below the fill pipe openings to avoid an excessive
accumulation of solids. Solids accumulation results in more frequent tank cleanings, which create increased air emissions and the potential for personnel exposure. Rhodia estimates that costs of the more frequent tank cleanings would be roughly $170,000/year. For the seven "treatment services" tanks in

hazar dous waste service, Rhodia stated that not having the ability to draw down these tanks below the fill nozzle would cause disruption in their commercial hazardous waste treatment services business, resulting in lost business that would far exceed the excess tank cleaning costs. For the twelve tanks listed as subject to LAC 33:III.2103.B, this exemption applies only to the "submerged fill pipe" provision of §2103.B. Rhodia has equipped these tanks with vapor loss control devices in accordance with the other requirements of §2103.B and their air permit, and shall continue to operate and maintain the control devices.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) There will be no effect on competition. No effect on employment in the public or private sector will be realized.

Herman Robinson, CPM Robert E. Hosse
Executive Counsel Staff Director

1007#056 Legislative Fiscal Office NOTICE OF INTENT

Department of Environmental Quality Office of the Secretary Legal Affairs Division

Incorporation by Reference

― 2009 (LAC 33:I.3931; III.506, 507, 2160, 3003, 5116, 5122, 5311, 5901; V.3099; IX.2301, 4901, 4903; and XV.1599) (MM014ft)

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 Environmental Quality regulations, LAC 33:I.3931; III.506, 507, 2160, 3003, 5116, 5122, 5311 & 5901; V.3099; IX.2301, 4901 & 4903; XV.1599 (Log #MM014ft).

This Rule is identical to federal regulations found in 10 CFR 71, App. A, 1/1/10; 40 CFR 51, App. M, 60-61, 63, 68, 70, 6(a), 117.3, 136, 266, App. I-IX and XI-XIII, 302.4, 302.6(e), 355.40(a)(2)(vii), 401 and 405-471, 7/1/09; and subsequent revisions to 40 CFR 60 and 63 in the Federal Register (see rule text), which are applicable in Louisiana. For more information regarding the federal requirement, contact the Regulation Development Section at (225) 219- 3985 or 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 proposed Rule incorporates by reference (IBR) into LAC 33:I, III, V, IX and XV the corresponding federal reportable quantity list of hazardous substances in 40 CFR 117.3 and 302.4, July 1, 2009; administrative reporting exemptions for certain air releases of Nox in 40 CFR 302.6(e) and 355.40(a)(2)(vii), July 1, 2009; Capture Efficiency Test Procedures in 40 CFR Part 51, Appendix M, July 1, 2009; Federal So2 Model Rule in 40 CFR Part 96, July 1, 2009; Standards of Performance for New Stationary Sources in 40 CFR Part 60, July 1, 2009; National Emission Standards for Hazardous Air Pollutants (NESHAP) in 40 CFR Part 61, July 1, 2009; NESHAP for Source Categories in 40 CFR Part 63, July 1, 2009; Chemical Accident Prevention and Minimization of Consequences in 40 CFR Part 68, July 1, 2009; Part 70 Operating Permits Program in 40 CFR 70.6(a), July 1, 2009; hazardous waste regulations in 40 CFR Part 266, Appendices I-IX and XI-XIII, July 1, 2009; National Pollutant Discharge Elimination System regulations in 40 CFR Parts 136, 401, 405-471, July 1, 2009; and radiation regulations in 10 CFR Part 71, Appendix A, January 1, 2010. Also incorporated are subsequent revisions to 40 CFR Part 60 and 63 promulgated in the Federal Register.

In order for Louisiana to maintain equivalency with federal regulations, the most current Code of Federal Regulations must be adopted in the LAC. This rulemaking is necessary to maintain delegation, authorization, etc., granted to Louisiana by EPA. This incorporation by reference

# LAC 33:III.111, 2121, 2125, 2145, 2147,2201

# This page intentionally
left blankLouisiana Register Vol. 34, No. 01 January 20, 2008 70 applications may be held when deemed beneficial by the department. The basis and rationale for this Rule are to align the hazardous waste regulations with the intent of Act No. 947 of the 1995 Legislature.

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.
Title 33 ENVIRONMENTAL QUALITY
Part V. Hazardous Wast e and Hazardous Materials Subpart 1. Department of Environmental Quality—
Hazardous Waste Chapter 7. Administrative Procedures for Treatment, Storage, and Disposal Facility Permits Subchapter B. Hearings §709. Evidentiary Hearings on Operating Permit Applications for Commercial Hazardous Waste Treatment, Storage, Di sposal, or Recycling

Facilities

A. ... B. Applicability

1. An evidentiary hearing shall be held after the technical review of an initial permit application for the operation of a proposed, none xistent commercial hazardous waste treatment, storage, disposal, or recycling facility. 2. An evidentiary hearing may be held after the technical review of a permit application, other than an initial application for a proposed, nonexistent facility, for the operation of a commercial hazardous waste treatment, storage, disposal, or recycling facility upon a determination by the administrative authority that the hearing would be beneficial in making a permit decision. Considerations by the administrative authority in making this determination include, but are not limited to, fact-finding or clarification of
issues. 3. Permit applications for which evidentiary hearings may be held pursuant to Paragraph B.2 of this Section include, but are not limited to: a. initial permit applications for interim status facilities; b. renewal permit applications for existing facilities;
and c. major modification (Class 2 or 3) applications for existing facilities (including requests for conversion of noncommercial status to commercial status).

C. - K. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 16:683 (August 1990), LR 17:362 (April 1991), LR 21:565 (June 1995), amended by the Office of Environmental Assessment, Environmental Planning Divisi on, LR 26:2469 (November 2000), amended by the Office of the Secr etary, Legal Affairs Division, LR 34:69 (January 2008).

Herman Robinson, CPM
Executive Counsel

0801#016 RULE

Department of Envi ronmental Quality Office of the Secretary

Regulation Revisions (LAC 33:I.3931; III.111, 2121, 2125, 2145, 2147, and 2201; V.109, 1113, 1127, 1315, 1319, 1517, 4397, and 4999; IX.2707, 4905, and 6125; and XI.707)(MM005)

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 Environmental Quality regulations, LAC 33:I.3931; III.111, 2121, 2125, 2145, 2147, and 2201; V.109, 1113, 1127, 1315, 1319, 1517, 4397, and 4999; IX.2707, 4905, and 6125; and XI.707 (Log #MM005).

This Rule corrects outline numbering and wording errors that have been discovered in the Title 33, Environmental Quality regulations. Language found to be redundant or not required by federal regulations is deleted, and contact information for referenced pu blications is corrected. The Environmental Quality Act requires the department to promulgate environmental regulations. Maintenance of these regulations is part of that responsibility. The basis and rationale for this Rule are to maintain the regulations that protect the environment and public health of the state, as authorized by the Environmental Quality Act.

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.
Title 33 ENVIRONMENTAL QUALITY

Part I. Office of the Secretary Subpart 2. Notification Chapter 39. Notification Regulations and Procedures for Unauthorized Discharges Subchapter E. Reportable Quan tities for Noti fication of Unauthorized Discharges §3931. Reportable Quantity List for Pollutants

A. - B.Footnote #. ... C. Copies of documents incorporated by reference may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20401, or by telephone at (866) 512-1800.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2025(J), 2060(H), 2076(D), 2183(I), 2194(C), 2204(A), and 2373(B).

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of the Secretary, LR 11:770 (August 1985), amended LR 19:1022 (August 1993), LR 20:183 (February 1994), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 21:944 (September 1995), LR 22:341 (May 1996), amended by the Office of the Secretary, LR 24:1288 (July 1998), amended by th e Office of Environmental Assessment, Environmental Pla nning Division, LR 27:2229 (December 2001), LR 28:994 (May 2002), LR 29:698 (May 2003), LR 30:751 (April 2004), LR 30:1669 (August 2004), amended by
the Office of Environmental A ssessment, LR 31:919 (April 2005),Louisiana Register Vol. 34, No. 01 January 20, 2008 71 amended by the Office of the Secr etary, Legal Affairs Division, LR 32:603 (April 2006), LR 32:2248 (December 2006), LR 33:640 (April 2007), LR 33:2628 (December 2007), LR 34:69 (January 2008). Part III. Air Chapter 1. General Provisions §111. Definitions

A. When used in these rules and regulations, the following words and phrases shall have the meanings
ascribed to them below.

* * * Automobile and Light-Duty Truck Assembly Plant— a facility, excluding customizers, body shops, and other repainters, where automobile and/or light-duty truck bodies, frames, and parts are assembled for eventual inclusion into a finished product ready for sale to vehicle dealers, but excluding the following operations: a. wheel coatings; b. anti-rust coatings; c. trunk coatings; d. interior coatings; e. flexible coatings; f. sealers; and g. plastic parts coatings. Bubble Concept— an alternative emission plan whereby a facility with multiple sources of a given pollutant may achieve a required total emission by a different mix of controls from that mandated by regulation. Some sources may be assigned more restrictive limits, while others would meet less restrictive ones, provided the resulting total emissions are equivalent. Such a concept may permit a more expeditious compliance plan.

* * *

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

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:74 1 (December 1987), amended LR 14:348 (June 1988), LR 15:1061 (December 1989), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:777 (August 1991), LR 21:1081 (October 1995), LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 26:2444 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 32:808 (May 2006), LR 32:1599 (September 2006), LR 33:2082 (October 2007), LR 34:70 (January 2008). Chapter 21. Control of Emission of Organic Compounds Subchapter A. General §2121. Fugitive Emission Control

A. Applicability. This regulation is applicable to equipment in petroleum refineries, natural gas processing plants, the synthetic organic chemical manufacturing industry (SOCMI), the methyl tertiary butyl ether (MTBE) manufacturing industry, and the polymer manufacturing industry that contains any of the following components that are intended to oper ate in VOC service 300 hours or more during the calendar year: 1. pumps; 2. compressors; 3. pressure relief devices; 4. open-ended valves or lines; 5. process drains; 6. valves; 7. agitators; 8. instrumentation systems; and
9. connectors. B. - G.Liquid Service. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2054.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959 (November 1990), LR 17:654 (July 1991), LR 21:1330 (December 1995), LR 22:1128 (November 1996), LR 22:1212 (December 1996), LR 24:22 (January 1998), amended by
the Office of Environmental As sessment, Environmental Planning Division, LR 26:1433 (July 2000), LR 26:2452 (November 2000), LR 30:1659 (August 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2440 (October 2005), LR 33:2086 (October 2007), LR 34:70 (January 2008). Subchapter C. Solvent Degreasers §2125. Solvent Degreasers

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

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959 (November 1990), LR 18:1122 (October 1992), LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 28:1765 (August 2002), LR 30:746 (April 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 34:70 (January 2008). Subchapter I. Pharmaceutica l Manufacturing Facilities §2145. Pharmaceutical Ma nufacturing Facilities

A. - A.2. ... B. Air Dryers and Production Equipment Exhaust Systems. The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this regulation shall reduce the VOC emissions from all air dryers and production equipment exhaust systems: 1. by at least 90 percent if emissions are 330 lb/day (150 kg/day) or more of VOC; or 2. to 33 lb/day (15.0 kg/day) or less if emissions are less than 330 lb/day (150 kg/day) of VOC.

C. Storage and Loading Controls. The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this regulation shall: 1. provide a vapor balance system or equivalent control that is at least 90 percent effective in reducing emissions from truck or railcar deliveries to storage tanks with capacities greater than 2,000 gallons that store VOC with vapor pressures greater than 4.1 psia (28.0 KPA) at
20 ° C; and 2. install pressure/vacuum conservation vents set at plus or minus 0.03 psi gauge (plus or minus 0.2 KPA) on all storage tanks that store VOC with vapor pressures greater than 1.5 psia (10.3 KPA) at 20°C, unless a more effective control system is used.

D. Centrifuges, Filters, and In-process Tank Requirements. The owner or operator of a synthesized pharmaceutical facility subject to this regulation shall: 1. enclose all centrifuges, rotary vacuum filters, and other filters which have exposed liquid surfaces, where the liquid contains volatile organic compounds and exerts a totalLouisiana Register Vol. 34, No. 01 January 20, 2008 72 volatile organic compound vapor pressure of 0.5 psia (3.50 KPA) or more at 20°C; 2. install covers on all in-process tanks containing a volatile organic compound at any time. These covers must remain closed, unless production, sampling, maintenance, or inspection procedures require operator access.

E. - G.4. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2054.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:964 (November 1990), LR 22:1212 (December 1996), LR 24:25 (January 1998), amended by the Office of the Secretary, Legal Affairs Division, LR 34:70 (January 2008). Subchapter J. Limiting Volatile Organic Compound (VOC) Emissions from Reactor Processes and Distillation Operations in the Synthetic Organic Chemical Manufacturing Industry (SOCMI) §2147. Limiting VOC Emissions from SOCMI Reactor Processes and Distillation Operations

A. - C.1.a. ...
b. combust emissions in a flare. Flares used to comply with this Section shall comply with the requirements of 40 CFR 60.18. The flare operation requirement does not apply if a process vents an emergency relief discharge into a common flare header and causes the flare servicing the process to be out of compliance with one or more of the provisions of the flare operation rule.

C.2. - F.4.Figure 1. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2054.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 21:380 (April 1995), amended LR 22:1212 (December 1996), LR 23:1508, 1510 (November 1997), LR 23:1679 (December 1997), LR 24:1286 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Divisi on, LR 30:746 (April 2004), amended by the Office of the Secr etary, Legal Affairs Division, LR 34:71 (January 2008). Chapter 22. Control of Emissions of Nitrogen Oxides (NO

x ) §2201. Affected Facilit ies in the Baton Rouge

Nonattainment Area and th e Region of Influence

A. - C.6. ...

7. flares

, incinerators , and kilns and ovens , as defined in Subsection B of this Section;

C.8. - J.2. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2054.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 28:290 (February 2002), repromulgated LR 28:451 (March 2002), amended LR 28:1578 (July 2002), LR 30:748 (April 2004), LR 30:1170 (June 2004), amended by the Office of the Secr etary, Legal Affairs Division, LR 31:2441 (October 2005), LR 33:2088 (October 2007), LR 34:71 (January 2008).
Part V. Hazardous Wast e and Hazardous Materials Subpart 1. Department of Environmental Quality—
Hazardous Waste Chapter 1. General Provisions and Definitions §109. Definitions

For all purposes of these rules and regulations, the terms defined in this Chapter shall have the following meanings, unless the context of use clearly indicates otherwise.

* * * Recovery Operations— activities leading to resource recovery, recycling, reclamation, direct reuse or alternative
uses as listed in Table 2.B of the Annex of OECD Council Decision C(88)90(Final) of 27 May 1988, (available from the Environmental Protection Agency, RCRA Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave.,NW, Washington, DC 20460 (Docket Number F-94-IEHFFFFFF), or at the National Archives and Records Administration (NARA) by telephone at (202) 741-6030, or at the Organisation for Economic Co-operation and Development, Environment Dir ectorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France), which include the following operations.

Code Recovery Operations

* * * [See Prior Text in Table]

* * * AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 10:496 (July 1984), LR 11:11 39 (December 1985), LR 12:319 (May 1986), LR 13:84 (February 1987), LR 13:433 (August 1987), LR 13:651 (November 1987), LR 14:790, 791 (November 1988), LR 15:378 (May 1989), LR 15:737 (September 1989), LR 16:218, 220 (March 1990), LR 16:399 (May 1990), LR 16:614 (July 1990), LR 16:683 (August 1990), LR 17:362 (April 1991), LR 17:478 (May 1991), LR 18:723 (July 1992), LR 18:1375 (December 1992), repromulgated by the Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 19:626 (May 1993), amended LR 20:1000 (September 1994), LR 20:1109 (October 1994), LR 21:266 (March 1995), LR 21:944 (September 1995), LR 22:814 (September 1996), LR 23:564 (May 1997), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:655 (April 1998), LR 24:1101 (June 1998), LR 24:1688 (September 1998), LR 25:433 (March 1999), repromulgated LR 25:853 (May 1999), amended by the Office of Environmental Assessment, Environmental Planning Division , LR 26:269 (February 2000), LR 26:2465 (November 2000), LR 27:291 (March 2001), LR 27:708 (May 2001), LR 28:999 (May 2002), LR 28:1191 (June 2002), LR 29:318 (March 2003); amended by th e Office of the Secretary, Legal Affairs Division, LR 31:2452 (October 2005), LR 31:3116 (December 2005), LR 32:606 (April 2006), LR 32:822 (May 2006), LR 33:1625 (August 2007), LR 33:2098 (October 2007), LR 34:71 (January 2008).Louisiana Register Vol. 34, No. 01 January 20, 2008 73 Chapter 11. Generators Subchapter A. General §1113. Exports of Hazardous Waste

A. - G.1.f.certification. ...

2. Reports shall be sent to the administrative authority of the Louisiana Department of Environmental Quality.
NOTE: This does not relieve the regulated community from the requirement of submitting annual reports in accordance
with 40 CFR 262.56 to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460. Hand-delivered reports should be sent to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 12th St. and Pennsylvania Ave., NW, Washington, DC 20004. H. - I.2. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 16:220 (March 1990), LR 18:1256 (November 1992), LR 20:1000 (September 1994), LR 20:1109 (October 1994), LR 21:944 (September 1995), LR 22:20 (January 1996), amended by the Office of the Secretary, LR 22:344 (May 1996), amended by the Office of Waste Services, Haza rdous Waste Division, LR 24:661 (April 1998), amended by the Office of Environmental Assessment, Environmental Planning Divisi on, LR 26:2471 (November 2000), LR 27:710 (May 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 32:824 (May 2006), LR 33:2102 (October 2007), LR 34:72 (January 2008). Subchapter B. Transfrontier Shipments of Hazardous
Waste §1127. Transfrontier Shipments of Hazardous Waste for Recovery within the OECD

A. - C.2. ... a. Transactions Requiring Specific Consent i. Notification. At least 45 days prior to commencement of the transfrontier movement, the notifier must provide written notification in English of the proposed
transfrontier movement to th e Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460, with the words "Attention: OECD Export Notification" prominently displayed on the envelope. This notification must include all of the information identified in Paragraph C.5 of this Section. In cases where wastes having similar physical and chemical characteristics, the same United Nations classification, and the same RCRA waste codes are to be sent periodically to the same recovery facility by the same notifier, the notifier may submit one notification of intent to export these wastes in multiple shipments during a period of up to one year.
ii. - iii. ... b. Shipments to Facilities Preapproved by the Competent Authorities of the Importing Countr ies to Accept Specific Wastes for Recovery i. The notifier must provide EPA the information identified in Paragraph C.5 of this Section, in English, at least 10 days in advance of commencing shipment to a preapproved facility. The notification should indicate that the recovery facility is preapproved, and the notification may apply to a single specific shipment or to multiple shipments
as described in Clause C.2.a.i of this Section. This
information must be sent to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460, with the words "OECD Export Notification-Preapproved Facility" prominently displayed on the envelope.

C.2.b.ii. - D.4. ...

5. Within three working days of the receipt of imports subject to this Subchapter, the owner or operator of the United States recovery facility must send signed copies of the tracking document to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460, and to the competent authorities of the exporting and transit countries.

E. - F.2. ... G. Reporting and Recordkeeping

1. Annual Reports. For all waste movements subject to this Subchapter, persons (e.g., notifiers, recognized traders) who meet the definition of primary exporter in LAC 33:V.109 shall file an annual report with the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460, no later than March 1 of each year , summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste export ed during the previous calendar year. (If the primary exporter is required to file an annual report for waste exports that are not covered under this Subchapter, he may include all export information in one report provided the information required by this Subsection on exports of waste destined for recovery within the designated OECD member countries is contained in a separate section.) Such reports shall include the following:

G.1.a. - I.4. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Waste Services, Hazardous Waste Division, LR 24:661 (April 1998), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 26:2471 (November 2000), LR 27:293 (March 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2103 (October 2007), LR 34:72 (January 2008). Chapter 13. Transporters §1315. Spills

A. - E. ...

1. give notice, if required by 49 CFR 171.15, to the National Response Center by telephone at (800) 424-8802 or (202) 267-2675; andLouisiana Register Vol. 34, No. 01 January 20, 2008 74 2. report in writing, as requ ired by 49 CFR 171.16, to the Information Systems Manager, PHH-63, Pipeline and Hazardous Materials Safety Ad ministration, Department of Transportation, Washington, DC 20590-0001, or send an
electronic Hazardous Materials Incident Report to the Information System Manager, DHM-63, Research and Special Programs Administration, Department of Transportation, Washington, DC 20590-0001. An electronic
Hazardous Materials Incident Re port form can be obtained at http://hazmat.dot.gov.

F. As required by 33 CFR 153.203 for oil and hazardous substance, a water (bulk shipment) transporter who has discharged hazardous waste must immediately notify the National Response Center (NRC), U.S. Coast Guard, 2100 Second Street, SW, Washington, DC 20593 by telephone at (800) 424-8802 or (202) 267-2675.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 10:496 (July 1984), amended by the Office of the Secretary, Legal Affairs Division, LR 34:72 (January 2008). §1319. Use and Reuse of Containers

A. - B.4. ... C. Repealed. AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended by the Office of the Secretary, Legal Affairs Division, LR 34:73 (January 2008). Chapter 15. Treatment, Storage, and Disposal Facilities §1517. General Requirements for Ignitable, Reactive, or Incompatible Wastes

A. - D. ... E. When required to comply with LAC 33:V.1517.A and B, the owner or operator must document that compliance. This documentation may be based on references to published scientific or engineering literature , data from trial tests (e.g., bench scale or pilot scale tests), waste analyses, or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended by the Office of the Secretary, Legal Affairs Division, LR 34:73 (January 2008). Chapter 43. Interim Status Subchapter G. Financial Requirements §4397. Applicability

A. ... B. The requirements of LAC 33:V.4405 and 4407 apply only to owners and operators of:

B.1. - D.2. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq. HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 13:433 (August 1987), LR 13:651 (November 1987), LR 21:266 (March 1995), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:1109 (June 1998), LR 25:486 March 1999), amended by the Office of the Secretary, Legal Affairs Division, LR 34:73 (January 2008). Chapter 49. Lists of Hazardous Wastes §4999. Appendices—Appendix A, B, C, D, and E

Appendix A. - Appendix D. ... Appendix E. Wastes Excluded under LAC 33:V.105.M
A. - B.3.b. ...

Table 1 - Wastes Excluded

* * * [See Prior Text in Dupont Dow Elastomers LLC, Laplace, LA – BFI Waste Systems of Louisiana LLC, Col onial Landfill, Sorrento, LA, (4)]

Table 1 - Wastes Excluded Syngenta Crop Protection, Inc., St. Gabriel, LA Incinerator ash, at a maximum a nnual generation rate of 3,600 cubic yards per year, and incinerator sc rubber water, at a maximum annual generation rate of 420,000 cubic ya rds per year (approximately 85 million gallons per year), result from incineration at the Syngenta Crop Protection, Inc., facility in St. Ga briel, Louisiana. Syngenta's waste
stream includes the United States Environmental Protection Agency (USEPA) hazardous waste codes F 001-F005, F024, K157-K159, and all
P and U codes. The constituents of concern for these waste codes are listed in LAC 33:V.4901. This exclusion applies only to incinerator ash
and incinerator scrubber water resulti ng from incineration conducted at Syngenta's St. Gabriel facility. Syngen ta must implement a testing and management program that meets the following conditions for the
exclusion to be valid.

* * * [See Prior Text in (1) - (3)(A)] (3)(B). Organic Constituents (all units are milligrams per liter) acetone—26.0; benzene—0.05; carbon tetrachloride—0.18; chloroform—0.14; 1,2-dichlorobenzene—0.77; hexachlorobenzene— 0.13; nitrobenzene—0.14; pentachlo robenzene—0.04; pyridine—0.26; toluene—10.0; toxaphene—0.089; and vinyl chloride—0.05.

* * * [See Prior Text in (4) - (4)(A)]

Table 1 - Wastes Excluded

* * * [See Prior Text in Murphy Exploration and Production Company, Amelia, LA]

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, LR 20:1000 (September 1994), amended by the Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 21:944 (September 1995), LR 22:830 (September 1996), amended by the Office of Waste Services, Hazardous Waste Division, LR 23:952 (August 1997), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 25:2397 (December 1999), LR 26:2509 (November 2000), LR 29:1084 (July 2003), repromulga ted LR 29:1475 (August 2003), amended by the Office of Enviro nmental Assessment, LR 30:2464 (November 2004), amended by the Of fice of the Secretary, Legal Affairs Division, LR 33:445 (March 2007), LR 33:825 (May 2007), LR 33:1016 (June 2007), LR 34:73 (January 2008).

# ( 

# ORIGINAL

STATE OF LOUISIANA

DEPARTMENT OF ENVIRONMENTAL QUALITY

IN RE:

AMENDMENTS AND CORRECTIONS WHICH AMENDS LAC 33:I.3931; III.111, 2121, 2125, 2145, 2147, and 2201; V.109, 1113, 1127, 1315, 1319, 1517, 4397, and 4999; IX.2707, 4905, and 6125; and XI.707

L 0 G 

### # :**,i'~~~f0** 

## 0**5~**



### PUBLIC HEARING

The Public Hearing held by the Department of

Environmental Quality, Regulation Development

Section, at the Galvez Building, Oliver Pollock

Conference Room, 602 N. Fifth Street, Baton

Rouge, Louisiana, beginning at 1:45 p.m., on

N ov em b e r 2 8 , 2 0 0 7 .

BEFORE: 

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



# ASSOCIATED REPORTERS, INC. (225) 216-2036**REC~iVED** 

## DEC 0 5 

# 2007

LDEQ/OSEC/LAD REGULATION DEVELOPMENT SECTION 

# D( ( 

### DEPARTMENT OF ENVIRONMENTAL QUALITY



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

FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY:



### Stan Hazar'd Hearing Officer

Department of Environmental Quality Legal Affairs Division, 8th Floor Regulation Development 602 N. Fifth Street Baton Rouge, Louisiana 70802



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ASSOCIATED REPORTERS, INC. 

### (225) 216-2036

### DEPARTMENT OF ENVIRONMENTAL QUALITY



### I N D E X

EXAMINATION:

None

EXHIBITS:

None

REPORTER'S PAGE

REPORTER'S CE.RTIFICATE



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ASSOCIATED REPORTERS, INC. 

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MR. HAZARD:



### Good afternoon! My name is Stan

Hazard, and I'm employed by the Louisiana

Department-of Environmental Quality. I'll

be serving as hearing officer this afternoon

to receive comments regarding**propos~d**



### amendments to the environmental quality

regulations.

The comment periods for these

amendments began on October 20, 2007, when

the notices of intent were published in the

Louisiana Register. The comment period will

close at 4:30p.m., today, November 28,

2007, for the Log Numbers AQ289ft and

AQ290ft, and at 4:30 p.m., December 5, 2007,

for the Log Numbers HW101, MM005, and UT012.

It would be helpful to us if all oral

comments received today were followed up in

writing.

This public hearing provides a forum

for all interested parties to present

comments on the proposed changes. This 4



### hearing is not being conducted in a

and answer format. Please remember question

that the

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

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### 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 MM005.

This rule corrects outline numbering

and wording errors that have been discovered

in the Tifle 33, Environmental Quality

regulations. Language found to be redundant

or not required by federal regulations is

deleted, and contact information for

referenced publications is corrected. The

Environmental Quality Act requires the

department to promulgate environmental

regulations. Maintenance of these

regulations is part of that responsibility.

Does anyone care to comment on this

regulation?

If not, the hearing on MM005 is

closed. 5

ASSOCIATED REPORTERS, INC. 

### (225) 216-2036/ '· 

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### DEPARTMENT OF ENVIRONMENTAL QUALITY



### Thank you for your attention and

participation.

This hearing is closed.

THE HEARING CONCLUDED AT 1:46 P.M.



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ASSOCIATED REPORTERS, INC. 6

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## s P A G E



### I, Lori B. Overland, Certified Court

Reporter, in and for the State of Louisiana, the

officer, as defined in Rule 28 of the Federal

Rules of Civil Procedure and/or Article 1434(b)

of the Louisiana code of Civil Procedure, before

whom this sworn testimony was taken, do hereby

state on the Record

That due to the interaction in the

spontaneous discourse of this proceeding, dashes

(--) have been used to indicate pauses, changes

in thought, and/or talk overs; that same is the

proper method for a Court Reporters's

transcription of proceeding, and that the dashes

(--) do not indicated that words or phrases have

been left out of this transcript;

That any words and/or names which could not

be verified

denoted with the phrase

Lo;ri Overland,



## # 97083

ASSOCIATED REPORTERS, INC. 

### (225) 216-2036

### 1



### 2 DEPARTMENT OF ENVIRONMENTAL QUALITY



### C E R T I F I C A T I 0 N

I, the undersigned reporter, do hereby

3 certify that the above and foregoing is a true

4 and correct transcription of the stenomask tape

5 of the proceedings had herein, taken down by me

6 and transcribed under my supervision, to the

7 best of my ability and understanding, at the

8 time and place hereinbefore noted, in the above

9 entitled cause.

10 I further certify that the witness was duly

11 sworn by me in my capacity as a Certified Court

12 Reporter pursuant to the provisions of R. S.

13 37:2551 et seq. in and for the state of

14 Louisiana; that I am not of counsel nor related

15 to any of the counsel of any of the parties, nor

16 in the employ of any of the parties, and that I

17 have no interest in the outcome of this action.

18 I further certify that my license is ·in good

19 standing as a court reporter in and

20 state of

21



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### # 97083**,mrmt:r~(L.~~~~**

# ~~t~f~·:' e 8



### ASSOCIATED REPORTERS, INC. 

### (225) 216-2036

## RECEJVED 

# f1

OCT 1 7 ZOO?



# AFFIDAVIT OF PUBLICATION LDEQ/OSEC/LAD REGULATION DEVELOPMENT SECTION

(A Correct Copy of Publication)

NOTICE

.. :.QfJNT§NT

.· ··•

... .. A .public

. hearing: wJII

:**,D~parfillerit.of** .. · i be· held oo Novernber- .ErivJror:trnehtaL Qua'lity;. 28, 2007; at ;1:30 p

.. m: in! ·OffiCe of the Secre. tary: the

. Galvez,;,;Bdildjng,i Legai.AffairsD.ivision : OlivErr·: Poll Del< Coi'if'er-'**Arn~n;d~~~t~ ~~d**  •

. ;

. .. . ..**;,~g~_l;n-~t~~e··~rn.·_·".;_·.·.··**

·.·. •Corrections:. :· (LAC 33:L;3931;.11Lll1, :· :in\tiF ,2121; 2125,:2145;.2147, :. : ··:isub' 0
•and 220lr,Y-:l09; 1113,. !.•:. rn ·:-colll'rrierits•.••tm •

# ·~~~1~~~~\i·~~.,Ji',l~ Under the··

.. authonty of::., _pate, -co'ntacf:Judlth A.: the ·EnvironmentaL Schuerrn'an',"

.. J;>h!D., at. Quality ·: :Act;

. . R.S. '' the adores!( given, be-·: 30:2001 -ett·seq.,:and ini low.,·.iw:,'at ,;:(225)'.•:,:

.. 2.1.9•. accord a nee,·:•. with·r .-.the'\ 3,550':'ir:p'arking:

., iri-:i':thiF. provisions :of. the' '·'Ad-' GaiY'ez',qaragefi,is:'f.tee'**rn'inist~ative** P.l-ocedure·; wifh ''if' validated ::park'

, Act: R.s:**~9:950** etseq.,:**ing·:tick~t:** ·

.... ·

. ·•:. •:·:· ·,;,**t~es,ecr~t<)ry,giv!!s:n<t-·** :·

..... ,.,.·,.::,,,:,,;;:,.;;y.:::<c·

· tlce;·.that,·' rul.e'rnal<lng

.. All;•interestea.:•persons.**pr_o!=~dlire~\have** :been;**ar~·:·:imtited.** 

### 't!i ,,sul;lrnif

m 1t1 ated •,to'.: a rnend>:the·:. · wrc1tten·.:, •co·m mentsJ,!on· Enviroo·rnental ·Qua.litY:·· the '·proposed· :·regula'. regulations,,· ·

.. .

: U.AC' tion

.. ,,.,, Persons·}. corn-' 33:1.3931). 111.111;:,:.;2-121;·; meriting should' ;refer-. 2125:., 2145/i\2147{ ;andf.**enc~ ttli.s3priop~s'ecfreg-**  ..**~~~}.! ~3\~** **~::;Wit-·~~~~'i, ~~a.:~oni:cimb~ent~~~~t**  and**~4999Y...fX:270fi'4905;r,** · tie rec11ived, no' later and 6J25;,,•'ana;;)(1:7p7,:.**than,D.e.s~qibii(~!** :,?Oo7:: · (Log#M/III,OQ5).,.,:

... , :·at,**.4:~0·•:P··r1J•~,.::,~nd,**

. . . . •. , •

... 0 , ..; •..

1 •. should

.. be,,,sent·-:.to-.,·Ju-·:; This.·,·rlil,e ·corrects. ou't'i. dith A·:·'''· -Schuerrn·an;. line •.· nurhber,ing::;.,·

.. · (,i Ph:D:, .•:Office' :·of· .the· woraing' :errors::'· Secretary, -:.,Legal ·;Af-, h'ave .beeii/·:discov fairs,,.,,. ;Division,.,, Box

..**in:'J!:le.;:'J:ifle~'''3~;:-·** .. , :· 4302, Bator!;'Roug.,;J.;A :**r.oril)'lentai:Qu~lity** .reg-: 1**_70821~i!J02** or":fo':

.. FAX:

· ulatJOf!S- 1
........ ,.;.Language_;.**(22~)., ~,19•3582** **o~.** i),Y. e-. found to .be.' redundant'. rna11 ". ·:.'i· · : • ,':

... :.·

..... to •

or riot-required by··fed'i: judith.schlierman@la:g ,:

era I c:regulations".is ·· (!e- :; : qv. Copies· of .!his,<:prp- ' leted; .and,,.:contact•:·m-. posed· ,regulation. ·can.' foqnation.,,:;

.. fpr-./ refer-: be pu(thaseaiby;''con,:. enced putilicatio'ns·•· is i tactin·g·the DEQ·Public conc•i'ctedi '• The·.: :'.Envi-' Re_i:.i:>rctir::,"•'.Ceriter.r.:. ···at. ronrnentai-•Quality. Act· (225)'· '219.-3168:: "Ciietk:**requi,re~** .. 'the

,. depar::t, : or' 'rl)iihey··ordef::'·is 're- :, rne'}t·:,:to·:·;;:'promulgate:· · .quire'd in**~.ad\taf!C\l:,.for** ·

...**envi~Pnmental** .regula- each copy ,_of ·MM005. · tions'.''.Ml3intenance:· ·of This

.**~:.regulation\** .-:is these·. regulations

.. is available on the. lhterpart'''of•.,"that r.espO'Fisi- net'

. '

. : '. " at bility.- ''The basis.' and www.deq<Jouisiana.gov rationale·. for',·. fi:J'is' .pro- , . /pqrtal/tapid/1§69/defa**P~fn~a_·_-. ~uh_e!~_,_._.~.~~g'~.m.~~~f**  ult.aspx. >

. . that protect the;.envi' This propose. · egula- ; ronmer\t '.!'i3nd. )SupliC tion is availabl · in- : h'ealt_h of_,. the sta

..**te~.** as spection".at the ow-.: th · · ·d· b tli" ·E· · ing, DEQ offic

.,. cic.a- · ._a!J onze

. Y : ·**~i·•** -**n.~·** :· ti.ons'Jrorn :a- a:rn,,.:ui:ltil •**:i:~f.nrnental** ::,9ualltY,: 4:30' p;m·;::•,6o2·.·N; ,Fjfth**Street;'·l"'Baton''·.;~6'uge, Thir:;·-pfoposect.,~ule.,**  LA**~~~a?<N .lat2~i**  f:!igh-

rneets

., an.?•Eixception

. way

...**'~:_e.=.,** . onroe, listed

.,,.,.,, :in·

. ...:, ·' ·-R;s, !·**L'!l{'"71292l'i.St;~te"** Office• 30:2019(Dl(2),an:d.,R,.S. : Building)Y:1?25;:fairfielc!, 49:953(G) (3);: >::.:there''•· Avenue;·::·::::..SI)reveport;, fore;' no::.repor'Vr'eg'ard-:;_ l.A.7110J;-

... 1301,:.GadwaU: ihg :**'envi~oninimtal~,:.** Street,

.. Lake

... :Charlesi 1 health, .',beJ'ief.its' i•and\ .·t:A•70615i111-l :New**C!!n~ soi:ial/~conoriiic·::':e:·osts:**  · ter ··Dr,ive,,,.,Lafay'ette;..

·ts 'required.· This:,_ pro•: LA ...• :',::7q5oa;-,,:··,·. llQ posed ·.rule

..... has•'' no:·**'!l.~rata~ia,street;:·Lock~.** )known irnpacr·on fam'h

. p:ort, .LA.70374; ,;645 N;t: ly. forn)atibn:.stability;i

.**l::~tus- ;-.~rive;::;:suite**  C,i ·and ·autonornv

... as

.. de-· "MandeVIlle: LA·.70471.''·'''
scribed inRs

.. 49:972. · HERMAN'·ROBINSON;
CPM

.. ;:,

.. .'**_;..~-:.-.** ·': ExectitlvEi ¢C:ninseh

.. '. 

### :I 

## _L :'')·;

..**'~:::,;l_<_io)';,~>,::** 

### I, Harold Constance, Classified Sales Manager

of THE TO\VN TALK, published at Alexandria,

Louisiana do solenmly swear that the

Notice oflntent (MM005)

advertisement, as per clipping attached, was

published in the regular and entire issue of said

newspaper, and not in any supplement thereof

for one insertion(s) commencing with the issue

dated October 12, 2007 and ending with the

issue dated October 12, 2007.

# =n~~

Subscribed and sworn to before me

this 12th

,·Notary Number

/ ;' 

### ! / 

# l/NOTICE OF II\ITENT 

# Affidavit of Publication

STATE OF LOUISIANA

Parish of Calcasieu 

## RECEIVED



## OCT -1 8 2007

LDEQ/OSEC/LAD REGULATION DEVELOPMENT SECTION

Departmentof·Envi- 

### f d . d th

. r.onm·_-·e-nt_a

__

## ~--Q

____

## u_a_--_~r_tv_. __ ,

## ~e or ·me the un ers1gne au on.ty, personally came and appeared OfficeoftheSecretar:¥**~---,** LegaiAffairsDivis[on 

# ;QM

I · -.**Amendme!1tsand~9r-** '/ ' 1

### '<J.~c~~~~3;3i/ . __.

### G~/1/L I
lll.lll, 2121,2125,2145,

. 2147, and 2201; V.109; 

### Wh bemg duly WOffi, depOSeS and says: 1113, 1127, 1315, 1319, 1517,4397, and 4999; IX.2707, 4905, and 6125; and Xl.707) (N)M005) Under" the authority of the Environmental Quality ActiR.S. 30:2001 et seq;, cind;·in ac:cor- dance with the ·provisions of. the Administrative Procedure Act, R.S, 49:950 et seq:, the secre- tary gives notice that rulemaking procedures tiave been initiated to amend•the Environmental Quality regulatiohs, LAC 33: 1.3931; 111.111,' 2121, 2125; 2145, 2147, and 2201; V;'109, 1113<1127, 1315, 1319, 1517, 4397, and 4999; _IK2707, 4905; and 6125; ·and'X1.707' CLog #MM005). :

This. rule correc_ts outline number:ing ·'and wording, errors- that have been discovered in the· Title 33,- Environmental Quality regulations:: '.Ecih9uage. found to be'feduhdanhir··not required':<b'i:)··fedei:cil reg_u lafionsi is :dejetedi and C:ohtcid'ihfo'rmafiilri for referenced piJblicatidns is• t:orrected·;'--'The· Environmental Quality Act requires the department to promulgate en- vi ronment'al.' re9ulatioris;'';.Maintericirid;o':of these:re9ulations is'·part of thaf-r'espo'risibility. ·' The' basis·**a~id** ratroha le for'this proliosed t:ule

are to maintain· the regulations that protect the environment and pu\Jiic health'

__ of. the**state;·:Cis:atJth~orizedby** th'e ··· EnitJrphmental Qualityll\ct.',:;;,::;-.:, -_:

· this<proposeq ·rule meets an: :_'exception listed in R.S. 30:2019(Dl (2) and R.s. 49:-953(G) (3) i therefore,

no reporfregarding en- vironmental/health benefits ·arid 'social/economic costs is rec:tuired. This p'roposed rule has

no known impact on family form9tion,**-~taiJH:** ity, and auto11omy·as·t:l.ec scribed In R.S.49;:972.

A public hearing--wi-ll be held on November:28, 2007, at 1 :30 p.m. in 'the

r-

. 

### He/She is a duly authorized agent of 

### LAKE CHARLES AMERICAN PRESS

a newspaper published daily at 

### 4900 Highway 

### 90 East,

Lake Charles, Louisiana, 

### 70615. (Mail address: P.O. Box 

### 2893 Lake Charles, LA 

### 70602)

The attached Notice was published in said newspaper in its issue(s)
dated:



### 00391717

- $41.00

October 

### 16, 2007

# ~**~** j

# 0&/li!u~ \.

, r l./ 

### DulJ0..-uthorized Agent

Subscribed and sworn to before me on this 

### 16th day of October, 

### 2007 at
Lake Charles, LA



### 00053262

LDEQ-OSEC-LAD Notary Public·

... a1vez BuHding, Oliver Pollotk

. Conference Room;. 60·2**N~** Fifth Street;· Baton ·Rouge/ LA 7P802

. .Interested per-.
sons· .are invited to attend and submit .oral comments on the pro-**po~ed** amendmen-ts. Should individuals with a-:.discibility ne·ed an·a.c- commodatian in order to participate, contaCt Judith A; Schuerman, Ph.D., at the address given below or at (225) 219-3550. Parking in the Galvez Garage 'is free with a validated parking ticket. · - ·

All interested persons

- are invited to ·submit written comments··-on the proposed regulation. Persqns CO(Ylmenting sno.u.ld ·reference this proposed regulation by MM005. Such comments must be received no later than· December. 5, 2007, at 4:30 p.m., and should be sent to Juditl:l A. Schuerman, Ph.D., Office of "the-secretary, Legal :'Af.fairs Div_ision, Box '4302,•.Baton Rouge; LA:70821•4302 or to FAX <225}**219~3582.'** of>by**e~m.ailto** iudith •. sdiuermdn@la.sov: Copies of

. this proposed ·regulation

can

. b_e pu**rcha~.ed** by contactin9''t.he DEQ

·

### ~tu~iJ~l**~i~-~j~~- c~~~~~**  or money ·order .is re- quired in· advance for e'ach · copV· of MM005. This regu_lation •is avail' able on. the:lnternet at www.deq.loui:siarta.gov/ porta.l/tabid/1669/de_- fault.aspx. ·

This proposed r.egula_, tion is available for inspection dt the following D EQ office locations from 8 a.m. until 4:30 p.m.·: .602::;N·: Fifth Street,

. Baton Rpuge' LA 70802ii'1823'Ai9fiwav -546, West MoiiroeAt:kZl'292; state Otfke•'Boildii\s, 1525.-Fairfie.fd Avenue, Shreveport; LA '71101; 1301 Gadwa II Street,

. Lake Charles, LA 70615; 111 New Center Drive, Lafayette, LA 70508; 110 Barqt,ciria Street, Lock_- port,LA 70374'r'645 N. Lotus Drive; s·uife C, Mandeville, LA7047L

Herman· Robinson,

. - CPM**d&i.{~''Executive C:ouri~;1**  _**~1717**Acadiana•s Daily Newspaper



# THE ADVERTISER RECEiVED



# OCT 1 9 2007

LOEQ/OSEC/LP.O REGULATION DEVELOPMENT SECTION**~~00** Bertrand Drive LAFAYETTE, LA 70506 PHONE: (337) 289-6300

FAX: (337) 289-6466



## AFFIDAVIT OF PUBLICATION

Remender D. Weatherspoon
LA Department of Environmental Quality OSEC/Legal Affairs Division Regulation Development Section Account No.:
Ad Number:
Ad Total:
No. of Lines:
Reference No.: 8DEQRD

865804 $78.27

171



### P. 

### 0. Box 4302
Baton Rouge, LA 70821-4302 **To insure proper credit please refer to your account number
and/or ad number when making payment. Remittance address: P.O. Box 3268, Lafayette, LA 70502-3268

I, ROSE PENFOLD, do solemnly swear that I am the LEGAL CLERK of THE ADVERTISER,

a newspaper printed and published at Lafayette, in the Parish of Lafayette, State of Louisiana, and
that from my personal knowledge and reference to the files of said publication, the advertisement of



### NOTICE OF INTENT Department of Environmental Quality
Office of the Secretary Legal Affairs Division
Amendments and Corrections (LAC 33:1.3931; 111.111,2121,2125,2145,2147, and 2201; V.109, 1113; 1127, 1315,1319, 1517, 4397, and 4999; IX.2707, 4905, and 6125; and Xl.707) (MM005)

was published in 

### THE ADVERTISER on the following dates:


### *Thursday, October 11, 2007

ROSE PENFOLD

LEGAL CLERK



### Sworn to and subscribed before me this 1 th day of October, 2007.

NOTARYPU865804 'NOTICE OF INTENT

Depa'rtment of

. Enviroil'mental ·Quality Office':OfAhe·secretary Legal**Aff;jil:;~** pivision**Amendfi:ienf~·** and

· Corrections (LAC 33:'1:3931/ 111.111, 2121, 2125, 2145, 2147, and 2201; V.109, 1113, 1127, 1315, 1319, 1517, 4397, and 4999; JX.2707,

4905,: aild 6125/ and ·xiJ07J**'(0fl:'.~q5J**

, 'Under the' a'uthority of the. Environmental Quali.ty

, A,ct,

, .. R:?. 30:200l. et**·seq~,** and m ac·cor.da'rii::e 'with · the

### ~Fn~~~~**aiTvtF>r~hcee~~~** Act,R':s. 49:950 e.t seq., the ·secreta'ry g'ives no- tice 'that n.ilemaking procedures have'· been initiated to' amend the Environmental Quality regulations,·.:· ··· LAC**33:1~'3'931;** JJr:lli, 2121, 2125, 2145, 2147,. and 220.1; V.l09, ,.1113, 1127, ]315, 13.19/'.1517, 4397, arid 4999;**IX.2707~** 4905, and. 6125; and'X/.707. (Log .#MAI\OO?l-,';

. .

This· rule ·.'<corrects outline ,num6iki.ri9

.. and wordmg" errors·. that have been. disi:'OVered in· the TitW'33;' 'Environmental Qualit{·reg- ulations., • "': Language · fotmd to be'

.. 'redundant

or .not.**r~quii"ed** b)'. federal.· regulations 'iS' deleted; .• and. contact information,':. for'C.'.'refer-

.. enced publications is corr'ecte.d

... ' :·Th'it· Environmental'**~i.icilitY.** Act requires,· the ·.depart- ment to' p'r'oii-i'ulgate environmental :**~egula** tions. Ma.ihtenan'ce· of these · regfiJ-aticins. is part. of .that respon'si- bility. · Th:e' basis'' and rationale 'for ·:fhJs' pro-

. posed rule are to main- · tain the

. regulations that protect

.. the·. imvi-
ronment

. and · public 'health of the state, as authorized by the Environmental · Quality Act.

This

, proposed**r~le** meets

.. an exception listed in R.S. 30:2019(DJ (2) and R.S. 49:953(GJ (3); therefore, no· report regard- / n .

, g environ menta 1/hea lth benefits .and ·social/economic costs is requirect. This pro- posed · rule

,_ has n? known impact on f.ami· Jy formation, stability,

. and:, autonomY as described in R.S. 49:972.

A public hearing will ·be held on

, November ·2il,2Qo7;,at 1:30 p.m-. in the:: ·Galvez- Building. Oliver Pollock Ci:>nfer-

ence_ .,Rool!l, .p0.2c;-N. Fifth Street;..(: •. ;.,B.aton Rouge,---LA-JO?p2;.;:,

.. Interested -persons. are invited to. attend and submit oral comments

. on the

. proposed amendments.

,. Should individuals with a disability,_ ·need

.. ap accom-

. modati 0 n in:.• order to parti_cipate, cOJitijct ·Judith A...**.Schue~man,** Ph. D

.. ; at "the. address given below or. at :(225) 219-355Q,_·

.. Parkfng in the Ga_lvei: Garage is free with _a

. V!!lidated parking ticket -··

All _interested

. per-
sons are ..invited: to submit written. comments

on the. proposed: regulation.,: .• Persons- com- menting should .refer-

ence this proposed. reg- ulation·. .b.y,·

. MM005. Such comments. must

, be received no:. later than. December /5,_ 2007, at 4:30 p.m.,, and should b.e sent to: •. Judith A.-

... Schuerman, Ph. D.,

. Qffice -·. of. the

. Secretary;_ • Legal Affairs Division,

, Box 4302, Baton, Rouge, LA 70821-4302 •. ··or, to FAX (225) ,219c.3582·or.bY e: mail ,_,.,.:",-;

.. ·•.:
, to juditb.schuerman@la.g

ov. Copies,.of. this. pro- posed.-: regulat,ion _.can ba.**pu~chased** .. by con- tacting the DEQ Public Records. •... Center

, .. at (225)' 219-3168. ' Check

or money order' is re- quired ,Jn advance.- for each copy of MM005. This regula_tion- is available on· the Inter- net

, ·

. · at www.'deq.Jouisiana.gov /portal/tabid/1.669/defa ult.aspx.

..

This proposed regula- tion. is, available fpr,in- spection, at

. .t.he

..following, .QEQ,**effie~** _JocatlonsJroin B..a.m. until· 4:30. p;?'in.:' 602' N •. Fifth Street,**~Batch** .Rouge, LA, 70802;

..**.,•1.8~3,** High· way 5A6;, West. ·Monr,oe, LA 7.1292i .State Office Building, -.1525 .Fairfield Avenue, •. · Shreveport, LA 7·1.101; 1301 .Gadwall Street, Lake Charles, L'A 70o15;.111**Ne;>~** Cen- ter Drive, Lafayette, LA

. 70508;

. 110 Barataria .Street,. Lockport,. LA 70374; 645 N. Lotus Drive, Suite C, Mandeville, LA 70471

.

. Herman Robinson, CPM Executive Counsel

# PROOF. OFPlJBLICATION RECEIVED



## OCT 11 ZB07

LDEQ/OSEC/LAPi;' REGULATION DEVELOPMENiSECT!ON



# . .



## ·. n1e, 

# the**ifud:~rsigued** authority, personally cariie''and appeared

. '.'

-· , ..... ,,,. ····.·',' ::·. ..·.. .. ,.:. :**?'-~\** .. · ·····.·.·.,:·.:(':'\.·



### theas. 

# crittbD.**pet~C>ilally kn~Wn**  to me,

. .. \ ..



### . '

## ~o being 

## <lti.iy §w8fri:, deposes and says that she is the Assistant to the

· Qlassified AdvettisirigManager of The Times, and that the attached

· Advertisement entitled:

(Notary):'.'

· ... •'

.....

·

.. ' ./·

' I 

# ''""'

,'•· \**g~/Jr~l'l** 

## · ·. R\)\lill$Pn,**~X~!=Htiyt; QPU~~~I**  .. , The Times: p!;tober _9, 2907

.NOTICE OF INTENl

Departmen{ of Envi· ronmental Quality Office of the Secretary Legal Affairs Divis·ion

Amendments and Corrections (LAC 33:1.3931; 111.111, 2121, 2125, 2145, 2147, and 2201; ·V.109, 1113, 1127, 1315, 1319, 1517, 4397, and 4999; IX.2707, 4905, and 6125;, and X1.707) CMII!)005)

Under the authority of the Environmen· tal Quality Act, R.S. 30:2001. et seq., and in accordance with the provisions of the Ad· ministrative Procedure Act, R.S. 49:950 et.seq.,**t~e** secretary· gives no- i t1ce that

. rulemaking

· procedures have 'been

initiated to amend the Environmental Quality regulations, · LAC 33:1.3931; lll.lll, 2121, 2125, 2145,

. 2147, and 2201; V.109, 1113,. 1127, 1315, 1319, 1517, 4397, and 4999; IX.2707, 4905, and 6125; and Xl.707 (LOj;j #MM005). Th1s rule corrects out· line numbering and wording errors that have. been discovered in the Title 33, Envi·. ronmental Quality reg· ulations. Language found to be -redundant

or not required''bV fed' eral regulations is de·. leted, and contact in· formation for.

.. •

.. •referenced publications is
I corrected. The E'nvironmental Quality .Act

• requires the depart·**me~t** to promulgate

environmental regula- tions. Maintenance of these regulations is**P?~t** of that responsi- bility. The basis and rationale for.. this pro- posed rule are to maintain the reg.ulations · that protect

. the environment'' .and. ·public health of the state;· as authorized by the En· viron'menfal · 'Quality Act. This proposed rule meets an. excep· tion listed

. ·fn' R.S. 30:2019(D) (2) and R.S. 49:953(G) (3); .there· fore, no report regard·

1 • n g env1 ron mental/health benefits · and social/economic costs is required. This pro· po_sed

. rule has ·no known impact'on fanii-

.. IY< formation, stability, i.**a_~.~** autonomy as de·

scribed in**R.S~** 49:972.

· A public hearing· will be held on Novem·' i;ler 28/ 2007, at 1:36;;

.• p.m. m. the Galvez'':t

· Building; Oliver Pol·' ·lock C.onference R·oom, 602 N. Fifth street, Baton Rouge, LA 70802. Interested per-
sons are invited to at· tend and submit. oral comments on the. pro· posed amendments. Should individuals with

a disability. need an ac· commodation in order to participate, contact. Judith A. Schuerman, Ph. D., at the address given below or .at (225) 219·3550. Parking in the Galvez Garage is free with a validated parking ticket.

All interested per·
sons are invited to sub· mit written comments

on ··the proposed regu- lation. Persons .coni· mentitig should refer-

ence this ·proposed reg- ulation by MM005. Such. comments must be · received ·no later than December 5, 2007, at 4:30 p.m., and should be sent to Ju·**dit~** • A. Schuerman, Ph·. D., 'Office of. th.e secretary, ·Leg·al Af- ·fJ3ip; D.ivision, Box 4302; B.aton Rouge, LA 70821·430:Z·•·or· ·to·

.. FAX**(22~)** 219'3582 or by e- mail

., to 

## RECEIVED 

# Jr

NOV 01 

## 2.007

LDEQ/OSEC/LAD REGUlliTION DEVELOPMENT SECTION



# Publisher of

THE NEWS-STAR MONROE, LOUISIANA
PROOF OF PUBLICATION

The hereto attached advertisement

Was published in the NEWS-STAR.

A daily newspaper of general circulation.

Published in Monroe, Louisiana.

Parish of Ouachita in the issues of:



# LEGAL AD DEPT.

Sworn and subscribed before me by

The person whose signature appears above in Monroe, LA on this



# __ --!/--'--[

_ day of

# ~tl,.£.-.!5.d~:.......J<ld__==----20 ----""'-0....__7_--'AD



# NOTARY PUBLICjudith.schuerman@ la.g

ov. Copies .of this pro- posed regulation can be purchased by con- tacting the DEQ Public Records Center at (225) 219-3168. Check

or money order is re- quired in advance for each copy of MM005. This regulatior is available on the Inter- net ·

. ··.at www.deq.louisiana.gov /portal/tabid/l669 /defa ult.aspx.

This proposed regulation is available for· inspection at the foll.owing DEQ o.ffice locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA .70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 111 New ·center Drive, Lafayette, LA 70508;. 110 Barataria Street, Lockport, LA 70374;. 645 N. Lotu.s Drive, Suite .c, Mandeville, LA 70471.

Herman Robinson,. CPM Executive Counsel

Monroe, LA October 12, 2007

# CAPITAL CITY PRESS

Publisher of 

# THE ADVOCATE



# PROOF OF PUBLICATION

The hereto attached notice was published in THE ADVOCATE,

a daily newspaper of general circulation published in Baton Rouge, Louisiana,
and the official Journal of the State of Louisiana,

the City of Baton Rouge, and the Parish of East Baton Rouge,
in the following issues:



## 10/20/07

Susan**A.Bus~** 

### Public 

### Notices Clerk

Sworn and subscribed before me by the

person whose signature appears above:



## October20,2007

Pegee11 S n ley, Notary 65 My Commission**E~pires:** 

### Indefin1te
Baton. Rouge. Louisiana



# OCT 2 9 ZOO?

LDEQ!OSEC!LAO REGULATION DEVELOPMENT SECTION

DEQ

- OSEC/LAD REG

REM ENDER WEATHERSPOON

PO BOX4302

BATON ROUGE LA 70821-4314 3739026. ' 'All

.. ,: interested persons

NOTICE OF INTENT**f~~,,~no"r\!i~de~tis,;'~'f~~ ~~~=** 

. Department of**gg~e,i\e~Wnu~~~~gul~e~~?~r~** .**5Wft.i'2rtt~t~~~~e'f~~ •fi2~eb~i~~gJ'5~s~~chegg~:.**  Legal Affairs Divisi.on ments must·be received no·

Amendments**1~bef. ~~an4:~~eci.;;;~eran~**  and Corrections should be sent to Judith A. (LAC 33:1.3931; 111.111, 2121, Schuerman, Ph.D., Office of 2125, 2145, 2147, and 2201; the Secretary, Affairs

V.109, 1113, 1127; 1315, Division, Bo Baton

. 1319,

. Rouge, LA 7 or to 1517, 4397, and 4999; FAX (225) 21 or by e- IX.2707, : mail to

, ·· · JU lth.schuer4905, and 6125; and;X1.707) man@la.gdli. Copjes of this

· (MM005) '.**p~~gg~;~Je'bula~g~t~~~i~~** Under the**auth~rity** of :: rhe OEQ Pu&lic Records the Environmental ·**Qualit~.** · J center at (225) 219-3168.**~ckc~·5;Jg~ ~MMr~l;'** **t::d~** 

### ·**~ f~~Ji~e~r** **i\i 10** **~a~ag~~er fJ~**  visions of the• each copy of MM005. This Administrative Procedure... regulation is available on Act, R.S. 49:950 et seq., the';· \ the

. ,.Internet at**~~F~:;,t:k1n~ives R':-~~~~~~:~t;,** **~rom;gr;M~ii?W~&:~mc~** have been initiated**to~·,** · ·

...... · amend the Environmental':,(

1 ., · \' · :,**~ualit~** regulations, LA"C! ' ·. }s**T~J~ipj'gfeo~~~ f~~u~~~g~** 

### 21~5~**2f4i, 11** 

### J~h~M.i·J.i~;:~. 

## . , a 10 tctaht!! 10 :fno

5 11forwoming. ·' 1Cte,. 1 1113, 1127, 1315,**131~,** 151[.;,, 4397, and 4999;**IA.270r~f** 4:30p.m.: 602 N.

### ([g~.#~~o%~~~; and

### X1.7~,**r!ag1;;9~~: ~~~e** **~~Pc~**

This rule corrects**outlin~\** ' Building, 1525 Fairfield**~~n~r~:fh'i.¥ h~~~·** **rdJrs~. mon1~ei3of~id'!~ft'1he~t**  cov¢ngd· ·in the. 33, ··\ Lake Charles, LA 70615;

.. 111 Env1ronrne

..**-~.** New Center Dnve,

ulations.**§~~~~.;'~i· st~~el,** **~gg~p~W,** to l:!e ;.re· or not LA 70374; 645 N. Lotus Dnve,**fra'Ws.'rrt~ ~nrdegcu** **1an:** Suite c. Mandeville, LA

tact information for refer- 70471 " ·**~J'a~~- Pf~~icfJ~~~gnu;eg~~i** **~,Z~~'iPv~~ciC~~~r** CPM Quality Act requires the depp.rtment to promul_gate**en~1ronmental** regulations.**~fi'~~~n~~c.e** Po1/liese**rfR~i: ~~'t~~~t;i~(-{r** **~~b~** Posed rule are tain the regulations t atJ'rotect**~~'i,.~~vi~p"jjfi~t t~at~~b~~**  authorized by the

. Environmental Quality Act

.

. >

. This proposed rule meets**J8:21J'i'§1g~'&~ lis1~~**  in**~J** ?A9:953 (G)(3); therefore, no**'·~~~n.~rlhs:~m,g 5~~i~fir~** 

.. ·dind**s.o~ial/** eCOfiOmic costs**.4tl~e~~~e~6 k~~Jr,C9,!1,~~~~**  .,pn.famil;- formation, stabil-**~~~cr~~~** in**a~~~~~:W2.** as

· hef'ct**~~b~gv~~6~rg2a'i~lo~-f.** .,.at ,1:30 p.m. in the Galvez BUild.ing, Oliver Pollock C.onference Ro.om, 602 N. F1fth Street, Baton Rouge LA 70802

.. Interested per: sons are invited to attend and submit oral comments**g,~en\~~ ~~g81~si~ctfv'ld~'i.75**  w1th a disability need an accqn)modation in order to partiCipate, contact Judith**~da~~~errv~'ii b~igw** **a,V~'f** (225)

... :.21.**~3550.::•Parking** ·'in th.e .Galvez Garage is free**'Yitkh.·~ii.** '.'v. alidated parking t1c et:· • .·

. 3739026-oct zo,lt 

## r(

### 3800 HOWARD AVENUE, NEW ORLEANS, LOUISIANA 70140-1.097



### State of Louisiana

Parish of Orleans

City ofNew Orleans 

## RECEiVED

OCT 1 8 Z007

LDEQ/OSEC/LAD REGULATION DEVELOPMENT SECTION


### TELEPHONE (504) 826-3206



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

### J. Chiasson who deposes and

says that he is the Accounts Receivable Manager, of The Times-Picayune Publishing Corporation, a Louisiana Corporation, Publishers of The Times-Picayune, Daily and Sunday, of general circulation; doing business in the City

ofNew Orleans and the State of Louisiana, and that the

attached LEGAL NOTICE

Re:Notice ofintent Amendments & 

### Corrections LAC 33:1 393l,III.ll1,2121,2125,2145,21,47, & 

### 2201 (MM005)

Advertisement of Office ofEnvironmental Services



### P.O. 4302

Baton Rouge, La. 70821

Was published in The Times Picayune

3800 Howard Ave.

New Orleans, La. 70125

On the following dates October 11, 2007

16th

My commission expires at my deatH.

Charles A. Ferguson, Jr.

Notary identification number 23492 

## ;f

I

### FINAL RULE/January 20, 2008 MM005

1 Title 33 ENVIRONMENTAL QUALITY

Part I. Office of the Secretary

Subpart 2. Notification

Chapter 9. Notification Regulations and Procedures for Unauthorized Discharges

Subchapter E. Reportable Quantities for Notification of Unauthorized Discharges

§3931. Reportable Quantity List for Pollutants

A. - B.Footnote #. ... C. Copies of documents incorporated by reference may be obtained from the Superintendent of Documents, U.S. Govern ment Printing Office, Washington, DC 20401, or by telephone at (866) 512-1800. AUTHORITY NOTE: Promulgated in acco rdance with R.S. 30:2025(J), 2060(H), 2076(D), 2183(I), 2194(C), 2204(A), and 2373(B). HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of the Secretary, LR 11:770 (August 1985), amended LR 19:1022 (August 1993), LR 20:183 (February 1994), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 21:944 (September 1995), LR 22:341 (May 1996), amended by the Office of the Secretary, LR 24:1288 (July 1998), amende d by the Office of Environmental Assessment, Environmental Planning Divi sion, LR 27:2229 (December 2001), LR 28:994 (May 2002), LR 29:698 (May 2003), LR 30:751 (April 2004), LR 30:1669 (August 2004), amended by the Office of Environmental Assessment, LR 31:919 (April 2005) , amended by the Office of the Secretary, Legal Affairs Division, LR 32:603 (Apr il 2006), LR 32:2248 (December 2006), LR 33:640 (April 2007), LR 33:2628 (December 2007), LR 34:**.

Part III. Air

Chapter 1. General Provisions

§111. Definitions A. When used in these rules and regulations, the following words and phrases shall have the meanings ascribed to them below.

* * * Automobile and Light-Duty Truck Assembly Plant— a facility, excluding customizers, body shops, and other repainters, where automobile and/or light-duty truck bodies, frames, and parts are assembled for eventual inclusi on into a finished product ready for sale to vehicle dealers, but excluding the following operations:

a. (1) wheel coatings;

b. (2) anti-rust coatings;

c. ( 3) trunk coatings;

### FINAL RULE/January 20, 2008 MM005

2 d. (4) interior coatings;

e. (5) flexible coatings;

f. (6) sealers; and

g. (7) plastic parts coatings.

Excluded from this definition are customi zers, body shops, and other repainters.

Bubble Concept— an alternative emission plan whereby a facility with multiple sources of a given pollutant may achieve a required total em ission by a different mix of controls from that mandated by regulation. Some sources may be assigned more restrictive limits, while others would meet less restrictive ones, provided the re sulting total emissions are equivalent. Such a concept may permit a more expeditious compliance plan.

* * * AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the De partment 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 15:1061 (Decem ber 1989), amended by the Office of Air Quality and Radiation Protection, Air Qua lity Division, LR 17:777 (August 1991), LR 21:1081 (October 1995), LR 22:1212 (December 1996), am ended by the Office of Environmental Assessment, Environmental Planning Divi sion, LR 26:2444 (November 2000), amended by the Office of the Secretary, Legal Affairs Divi sion, LR 32:808 (May 2006), LR 32:1599 (September 2006), LR 33:2082 (October 2007), LR 34:**.

Chapter 21. Control of Emission of Organic Compounds

Subchapter A. General

§2121. Fugitive Emission Control A. Applicability. This regulation is applicab le to equipment in petroleum refineries, natural gas processing plants, th e synthetic organic chemical ma nufacturing industry (SOCMI), the methyl tertiary butyl ethe r (MTBE) manufacturing industry, and the polymer manufacturing industry that contains any of the following components that are intended to operate in VOC
service 300 hours or more during the calendar year:

1. a. pumps;

2. b. compressors;

3. c. pressure relief devices;

4. d. open-ended valves or lines;

5. e. process drains;

6. f. valves;

7. g. agitators;

8. h. instrumentation systems; and

9. i. connectors.

### FINAL RULE/January 20, 2008 MM005

3 B. - G.Liquid Service. ...

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Office of Air Quality and Radiat ion Protection, Air Qu ality Division, LR 16:959 (November 1990), LR 17:654 (July 1991), LR 21:1330 (December 1995), LR 22:1128 (November 1996), LR 22:1212 (December 1996), LR 24:22 (January 1998), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 26:1433 (July 2000), LR 26:2452 (November 2000), LR 30:1659 (Augus t 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2440 (October 2005), LR 33:2086 (October 2007), LR
34:**.

Subchapter C. Vapor Solvent Degreasers

§2125. Vapor Solvent Degreasers
A. – G. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Office of Air Quality and Radiat ion Protection, Air Qu ality Division, LR 16:959 (November 1990), LR 18:1122 (October 1992), LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 28:1765 (August 2002), LR 30:746 (April 2004), amended by the Office of the Secretary, Legal Affairs Division,
LR 34:**.

Subchapter I. Pharmaceutical Manufacturing Facilities

§2145. Pharmaceutical Manufacturing Facilities
A. - A.2. ... B. Air Dryers and Production Equipment Exhaust Systems.

1. The owner or operator of a synthe sized pharmaceutical manufacturing facility subject to this regulation shall reduce the VOC emissions from all air dryers and production equipment exhaust systems:

1. a. by at least 90 percent if emissions are 330 lb /day (150 kg/day) or more of VOC; or

2. b. to 33 lb/day (15.0 kg/day) or less if emissions are less than 330 lb/day (150 kg/day) of VOC.

C. Storage and Loading Controls.

1. The owner or operator of a synthe sized pharmaceutical manufacturing facility subject to this regulation shall:

1. a. provide a vapor balance system or eq uivalent control that is at least 90 percent effective in reducing emissions from tr uck or railcar deliveries to storage tanks with

### FINAL RULE/January 20, 2008 MM005

4 capacities greater than 2,000 gallons that store VOC with vapor pr essures greater than 4.1 psia (28.0 KPA) at 20 ° C; and

2. b. install pressure/vacuum conservati on vents set at plus or minus 0.03 psi gauge (plus or minus 0.2 KPA) on all stor age tanks that store VOC with vapor pressures greater than 1.5 psia (10.3 KPA) at 20°C, unle ss a more effective control system is used.

D. Centrifuges, Filters, and In-process Tank Requirements.

1

. The owner or operator of a synthesized pharmaceutical facility subject to this regulation shall:

1. a. enclose all centrifuges, rotary vacuum filters, and other filters which have exposed liquid surfaces, where the liquid contains volatile organic compounds and exerts a total volatile organic compound vapor pressu re of 0.5 psia (3.50 KPA) or more at 20°C;

2. b. install covers on all in-process ta nks containing a volatile organic compound at any time. These covers must remain closed, unless production, sampling, maintenance, or inspection procedures require operator access.

E. - G.4. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Office of Air Quality and Radiat ion Protection, Air Qu ality Division, LR 16:964 (November 1990), LR 22:1212 (December 1996), LR 24:25 (January 1998), amended by the Office of the Secretary, Legal Affairs Division, LR 34:**.

Subchapter J. Limiting Volatile Organic Compound (VOC) Emissions from Reactor Processes and Distillation Operations in the Synthetic Organic Chemical Manufacturing Industry (SOCMI)

§2147. Limiting VOC Emissions from SOCMI Reactor Processes and Distillation Operations
A. - C.1.a. ... b. combust emissions in a flare. Flares used to comply with this Section shall comply with th e requirements of LAC 33:III.3131 40 CFR 60.18 . The flare operation requirement does not apply if a process vents an emergency relief discharge into a common flare header and causes the flare servicing the process to be out of compliance with one or more of the provisions of the flare operation rule.

C.2. - F.4, Figure 1. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Air Quality and Radi ation Protection, Air Quality Division, LR 21:380 (April 1995), amended LR 22:1212 (December 1996), LR 23:1508, 1510 (November 1997), LR 23:1679 (December 1997), LR 24:1286 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Divisi on, LR 30:746 (April 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 34:**.

### FINAL RULE/January 20, 2008 MM005

5 Chapter 22. Control of Emissi ons of Nitrogen Oxides (NO
x 

### )

§2201. Affected Facilities in the Baton Rouge Nonattainment Area and the Region of
Influence
A. - C.6. ...

7. flares

, incinerators , and kilns and ovens

, as defined in Subsection B of this Section;

C.8. - J.2. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Environmental Assessment, Environm ental Planning Division, LR 28:290 (February 2002), repromulgated LR 28:451 (March 2002), amended LR 28:1578 (July 2002), LR 30:748 (April 2004), LR 30:1170 (June 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2441 (October 2005), LR 33:2088 (October 2007), LR 34:**.

Part V. Hazardous Waste and Hazardous Materials

Subpart 1. Department of Enviro nmental Quality—Hazardous Waste

Chapter 1. General Provisions and Definitions

§109. Definitions For all purposes of these rules and regulations , the terms defined in this Chapter shall have the following meanings, unless the cont ext of use clearly indicates otherwise.

* * *

Recovery Operations— activities leading to resource recovery, recycling, reclamation,
direct reuse or alternative uses as listed in Table 2.B of the Annex of OECD Council Decision C(88)90(Final) of 27 May 1988, (available from the Environmental Protection Agency, RCRA Information Center (RIC), 1235 Jefferson

- Davis Highway, First Floor, Arlington, VA
22203 Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC
20460 (Docket Number F-94-IEHF-FFFFF), or at the National Archives and Records Administration (NARA) by telephone at (202) 741-6030, and or at the Organiz s ation for
Economic Co- operation and Development, Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France), which in clude the following operations.

Code Recovery Operations

* * * [See Prior Text in Table]

* * * AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Solid and Hazardous Waste, Hazar dous Waste Division, LR 10:200 (March 1984),

### FINAL RULE/January 20, 2008 MM005

6 amended LR 10:496 (July 1984), LR 11:1139 (December 1985), LR 12:319 (May 1986), LR 13:84 (February 1987), LR 13:433 (August 1987) , LR 13:651 (November 1987), LR 14:790, 791 (November 1988), LR 15:378 (May 1989), LR 15:737 (September 1989), LR 16:218, 220 (March 1990), LR 16:399 (May 1990), LR 16:614 (July 1990), LR 16:683 (August 1990), LR 17:362 (April 1991), LR 17:478 (May 1991), LR 18:723 (July 1992), LR 18:1375 (December 1992), repromulgated by the Office of Solid a nd Hazardous Waste, Hazardous Waste Division, LR 19:626 (May 1993), amended LR 20:1000 (S eptember 1994), LR 20:1109 (October 1994), LR 21:266 (March 1995), LR 21:944 (September 1995), LR 22:814 (September 1996), LR 23:564 (May 1997), amended by the Office of Wa ste Services, Hazardous Waste Division, LR 24:655 (April 1998), LR 24:1101 (June 1998), LR 24:1688 (September 1998), LR 25:433 (March 1999), repromulgated LR 25:853 (May 1 999), amended by the Office of Environmental Assessment, Environmental Planning Di vision, LR 26:269 (February 2000), LR 26:2465 (November 2000), LR 27:291 (March 2001), LR 27:708 (May 2001), LR 28:999 (May 2002), LR 28:1191 (June 2002), LR 29:318 (March 2003); amended by the Office of the Secretary, Legal Affairs Division, LR 31:2452 (October 2005), LR 31:3116 (December 2005), LR 32:606 (April 2006), LR 32:822 (May 2006), LR 33: 1625 (August 2007), LR 33:2098 (October 2007),
LR 34:**.

Chapter 11. Generators

Subchapter A. General

§1113. Exports of Hazardous Waste A. - G.1.f, certification. ...

2. Reports shall be sent to the admini strative authority of the Louisiana Department of Environmental Quality.

[NOTE: This does not relieve the regulated commun ity from the requirement of submitting annual reports in accordance with 40 CFR 262.56 to the Of fice of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A) Office of Federal Activities, International Compliance Assurance Division (2254A)

, Environmental Protection Agency, 1200 Pennsylvania Ave. , NW, Washington, DC 20460. Hand-delivered reports should be sent to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 12 th St. and Pennsylvania Ave., NW, Washington, DC 20004. ]



### H. - I.2. ...

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Solid and Hazardous Waste, Hazar dous Waste Division, LR 10:200 (March 1984), amended LR 16:220 (March 1990), LR 18:1256 (November 1992), LR 20:1000 (September 1994), LR 20:1109 (October 1994), LR 21:944 (Sep tember 1995), LR 22:20 (January 1996), amended by the Office of the Secretary, LR 22: 344 (May 1996), amended by the Office of Waste Services, Hazardous Waste Division, LR 24: 661 (April 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2471 (November 2000), LR 27:710 (May 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 32:824 (May 2006), LR 33:2102 (October 2007), LR 34:**.

### FINAL RULE/January 20, 2008 MM005

7 Subchapter B. Transfrontier Shi pments of Hazardous Waste

§1127. Transfrontier Shipments of Hazardou s Waste for Recovery within the OECD
A. - C.2. ...

a. Transactions Requiring Specific Consent

i. Notification. At least 45 da ys prior to commencement of the transfrontier movement, the notifier must pr ovide written notificati on in English of the proposed transfrontier movement to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planni ng, Targeting, and Data Division (2222A) Office of Federal Activities, International Compliance Assurance Division (2254A) , Environmental Protection Agency, 1200 Pennsylvania Ave. , NW, Washington, DC 20460, with the words "Attention: OECD Export Notifi cation" prominently displayed on the envelope. This notification
must include all of the information identified in Paragraph C.5 of this Section. In cases where wastes having similar physical and chemical characteristics, the same United Nations classification, and the same RCRA waste codes are to be sent periodically to the same recovery facility by the same notifier, th e notifier may submit one notifica tion of intent to export these wastes in multiple shipments during a period of up to one year.

ii. - iii. ...

b. Shipments to Facilities Preappr oved by the Competent Authorities of the Importing Countries to Accept Specific Wastes for Recovery

i. The notifier must provide EPA the information identified in Paragraph C.5 of this Section, in English, at leas t 10 days in advance of commencing shipment to a preapproved facility. The notific ation should indicate th at the recovery facility is preapproved,
and the notification may apply to a single specific ship ment or to multiple shipments as
described in Clause C.2.a.i of this Section. This information must be sent to the Office of Enforcement and Compliance Assurance, O ffice of Compliance, Enforcement Planning, Targeting, and Data Division (2222A) Office of Federal Activities, International Compliance Assurance Division (2254A) , Environmental Protection Agency, 1200 Pennsylvania Ave. , NW, Washington, DC 20460, with the words "OECD Export Notification-Preapproved Facility" prominently displayed on the envelope.

C.2.b.ii.-D.4. ...

5. Within three working days of the receipt of imports subject to this Subchapter, the owner or operator of the United St ates recovery facility must send signed copies of the tracking document to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A) Office of Federal Activities, Internati onal Compliance Assurance Division (2254A)

, Environmental Protection Agency, 1200 Pennsylvania Ave. , NW, Washington, DC 20460, and to the competent authorities of th e exporting and transit countries.

E. - F.2. ...

G. Reporting and RecordK k eeping

1. Annual Reports. For all waste movements subject to this Subchapter, persons (e.g., notifiers, recognized tr aders) who meet the definition of primary exporter in LAC

### FINAL RULE/January 20, 2008 MM005

8 33:V.109 shall file an annual report with the Of fice of Enforcement and Compliance Assurance, Office of Compliance, E nforcement Planning, Targeting, and Data Division (2222A) Office of Federal Activities, International Compliance Assurance Division (2254A) , Environmental Protection Agency, 1200 Pennsylvania Ave. , NW, Washington, DC 20460, no later than March 1 of each year, summarizing the types, quant ities, frequency, and ultima te destination of all such hazardous waste exported during the previous calendar year. (If the primary exporter is required to file an annual report for wa ste exports that are not covere d under this Subchapter, he may include all export information in one report provi ded the information required by this Subsection on exports of waste destined for recovery with in the designated OECD member countries is contained in a separate section.) Such reports shall incl ude the following:

G.1.a. - I.4. ...

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Waste Services, Hazardous Waste Di vision, LR 24:661 (April 1998), amended by the Office of Environmental Assessment, Environm ental Planning Division, LR 26:2471 (November 2000), LR 27:293 (March 2001), amended by the Offi ce of the Secretary, Legal Affairs Division, LR 33:2103 (October 2007), LR 34:**.

Chapter 13. Transporters

§1315. Spills

A. - E. ... 1. give notice, if re quired by 49 CFR 171.15, to the National Response Center ( by telephone at ( 800)

- 424-8802 or ( 202)

- 426 267 -2675) ; and

2. report in writing, as required by 49 CFR 171.16, to the Director, Office o f Hazardous Materials Regulations, Materials Transportation Bureau Information Systems Manager, PHH-63, Pipeline and Hazardous Materials Safety Administration , Department of Transportation, Washington, D. C. 20590-0001, or send an electronic Hazardous Materials Incident Report to the Information System Ma nager, DHM-63, Research and Special Programs Administration, Department of Transporta tion, Washington, DC 20590-0001. An electronic Hazardous Materials Incident Report form can be obtained at http://hazmat.dot.gov

. F. As required by 33 CFR 153.203 for oil and hazardous substance, a water (bulk shipment) transporter who has discharged hazar dous waste must immediately notify the National Response Center (NRC), U.S. Coast Guard, 210 0 Second Street, SW, Washington, DC 20593 by telephone at (800) 424-8802 or (202) 267-2675 give the same notice as required by 33 CFR
153.203 for oil and hazardous substance

. AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Solid and Hazardous Waste, Hazar dous Waste Division, LR 10:200 (March 1984), amended LR 10:496 (July 1984), amended by the Office of the Secret ary, Legal Affairs Division, LR 34:**.

§1319. Use and Reuse of Containers
A. - B.4. ...

### FINAL RULE/January 20, 2008 MM005

9 C. Repealed. Any container, including tank trucks, used to transport waste shall be cleaned before leaving the disposal site. Such cleaning should be by a method or methods necessary to remove the hazardous c onstituents to a level which will no t cause an incompatibility with any subsequent shipment and/or render an y future load hazardous. All material resulting from such cleaning shall be considered a ha zardous waste unless otherwise approved by the administrative authority.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Solid and Hazardous Waste, Hazar dous Waste Division, LR 10:200 (March 1984), amended by the Office of the Secretar y, Legal Affairs Division, LR 34:**.

Chapter 15. Treatment, Storage, and Disposal Facilities

§1517. General Requirements for Ignitable, Reactive, or Incompatible Wastes

A. - D. ...

E. Any container, including tank trucks, used to transport waste shall be cleaned
be fore leaving the disposal site. Such cleaning should be by a method or methods necessary to
remove the hazardous constituents to a level whic h will not cause an incompatibility with any subsequent shipment and/or of itse lf render any future load hazardous. All material resulting from such cleaning shall be considered a ha zardous waste unless otherwise approved by the administrative authority.

E F . When required to comply with LAC 33:V.1517.A and B, the owner or operator must document that compliance. This documenta tion may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses, or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Solid and Hazardous Waste, Hazar dous Waste Division, LR 10:200 (March 1984), amended by the Office of the Secretar y, Legal Affairs Division, LR 34:**.

Chapter 43. Interim Status

Subchapter G. Financial Requirements

§4397. Applicability

A. ...

B. The requirements of LAC 33:V.4405 and 4409 7 apply only to owners and operators of:

B.1. - D.2. ...

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Solid and Hazardous Waste, Hazar dous Waste Division, LR 10:200 (March 1984), amended LR 13:433 (August 1987), LR 13:651 (November 1987), LR 21:266 (March 1995),

### FINAL RULE/January 20, 2008 MM005

10 amended by the Office of Waste Services, H azardous Waste Division, LR 24:1109 (June 1998), LR 25:486 (March 1999), amended by the Office of the Secretary, Legal Affairs Division, LR
34:**.

Chapter 49. Lists of Hazardous Wastes

§4999. Appendices—Appendix A, B, C, D, and E Appendix A. - Appendix D. ...
Appendix E. Wastes Excluded under LAC 33:V.105.M

A. - B.3.b. ...

Table 1 - Wastes Excluded

* * * [See Prior Text in Dupont Dow Elastomers LLC, Laplace, LA – BFI Waste Systems of Louisiana LLC, Colonial Landfill, Sorrento, LA, (4)]

Table 1 - Wastes Excluded Syngenta Crop Protection, Inc., St. Gabriel, LA Incinerator ash, at a maximum annual generation rate of 3,600 cubic yards per year, and incinerator scru bber water, at a maximum annual generation rate of 420,000 cubic yards per year (approximately 85 million gallons per year), result from incineration at the Syngenta Crop Protection, Inc., facility in St . Gabriel, Louisiana. Syngenta’s
waste stream includes the United States Environmental Protection Agency (USEPA) hazardous waste codes F001-F005, F024, K157- K159, and all P and U codes. The constituents of concern for these
waste codes are listed in LAC 33:V.4901. This exclusion applies only to incinerator ash and incinerator scrubber water resulting from incineration conducted at Syngenta’s St. Gabriel facility. Syngenta must implement a testing and management program that meets the following conditions for the exclusion to be valid.

* * * [See Prior Text in (1) - (3)(A)]

(3)(B). Organic Constituents (all units are milligrams per liter) acetone—26.0; benzene—0.05; carbon tetrachloride—0.18; chloroform—0.14; 1,2-dichlorobenzene—0.77; hexachlorobenzene—0.13; nitrobenzene—0.14; pentachlorobenzene—0.04; pyridine—0.26; toluene—10.0; toxaphene—0.0 89; and vinyl chloride—0.05.

* * * [See Prior Text in (4) - (4)(A)]

### FINAL RULE/January 20, 2008 MM005

11 Table 1 - Wastes Excluded

* * *

[See Prior Text in Murphy Exploration and Production Company, Amelia, LA]

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, LR 20:1000 (September 1994), amended by the Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 21:944 (Septe mber 1995), LR 22:830 (September 1996), amended by the Office of Waste Services, H azardous Waste Division, LR 23:952 (August 1997), amended by the Office of Environmental Asse ssment, Environmental Planning Division, LR 25:2397 (December 1999), LR 26:2509 (November 2000), LR 29:1084 (July 2003), repromulgated LR 29:1475 (August 2003), amen ded by the Office of Environmental Assessment, LR 30:2464 (November 2004), amende d by the Office of the Secretary, Legal Affairs Division, LR 33:445 (March 2007), LR 33:825 (May 2007), LR 33:1016 (June 2007), LR
34:**.

Part IX. Water Quality

Subpart 2. The Louisiana Pollutant Discha rge Elimination System (LPDES) Program

Chapter 27. LPDES Permit Conditions

§2707. Establishing Limitations, Standards, and Other Permit Conditions
A.1. - K.3. ... 4. the practices are reasonably necessar y to achieve effluent limitations and standards or to carry out the purposes and intent of the CWA and the LEQA.

[NOTE: Additional technical information on BMPs and the elements of BMPs is contained in the following documents: Guidance Manual for Developing Best Management Practices (BMPs), October 1993, EPA No. 833/B-93-004, NTIS No. PB 94-178324, ERIC No. W498; Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, September 1992, EPA No. 832/R-92-005, NTIS No. PB 92-235951, ERIC No. N482; Storm Water Management for Construction Activities, Developing Pollution Prevention Plans and Best Management Practices: Summary Guidance, EPA No. 833/R-92-001, NTIS No. PB 93-223550, ERIC No.W139; Storm Water Management for Industrial Activities; Developing Pollution Prevention Plans and Best Management Practices, September 1992; EPA No. 832/R-92-006, NTIS No. PB 92-235969, ERIC No. N477; Storm Water Management for Industrial Ac tivities, Developing Pollution Prevention Plans and Best Management Practices: Summary Guidance, EPA No. 833/R-92-002, NTIS No. PB 94-133782, ERIC No. W492. Copies of these documents (or directions on how to obtain them) can be obtained by contacting either the Office of Water Resource Center (using the EPA document number as a reference) at (202) 260

- 7786 566-1729 or the Educational Resources Informat ion Center (ERIC) (using the ERIC number as a reference) at (800) 276

- 0462 538-3742 . Updates of these documents or additional BMP documents may also be available. A list of EPA BMP guidance documents is av ailable on the Office of Water Management Home Page at http://www.epa.gov/owm. In addition, states may have BMP guidance documents. These EPA guidance documents are listed here only for informational purposes;

### FINAL RULE/January 20, 2008 MM005

12 they are not binding and EPA does not intend that these guidance documents have any mandatory regulatory effect by virtue of their listing in this note.]



### L. - S. ...

AUTHORITY NOTE: Promulgated in acco rdance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4). HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Water Resources, LR 21:945 (Septe mber 1995), amended LR 23:724 (June 1997), LR 23:1523 (November 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2282 (October 2000), LR 26:2764 (December 2000), LR 28:469 (March 2002), LR 28:1767 (August 2002), repromul gated LR 30:230 (February 2004), amended by the Office of Environmental Assessment, LR 31:426 (February 2005), amended by the Office of the Secretary, Legal Affairs Di vision, LR 33:2070 (October 2007), LR 34:**.

Chapter 49. Incorporation by Reference

§4905. Availability A. Copies of these documents incorporated by reference may be obtained from the Superintendent of Documents, U.S. Governme nt Printing Office, Washington, DC 20401, or by telephone at (866) 512-1800. :

Government Institutes, Inc. 4 Research Place, Suite 200
Rock ville, Maryland 20850 (301) 921

- 2355

AUTHORITY NOTE: Promulgated in acco rdance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4). HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Water Resources, LR 21:945 (Septe mber 1995), repromulgated by the Office of Environmental Assessment, Environmental Planning Division, LR 30:232 (February 2004), amended by the Office of the Secretar y, Legal Affairs Division, LR 34:**.

Chapter 61. General Pretreatment Regulations for Existing and New Sources of Pollution

§6125. Variances from Categorical Pretreatment Standards for Fundamentally Different

Factors
A. - H.9. ...

I. a. Deficient Requests. The administrato r (or his delegate) or the state administrative authority will only act on written requests for variances that contain all of the information required. Persons who have made in complete submissions will be notified by the administrator (or his delegate) or the state ad ministrative authority that their requests are deficient and unless the time period is extended, will be given up to thirty days to remedy the deficiency. If the deficiency is not corrected within the time pe riod allowed by th e administrator (or his delegate) or the state administrative auth ority, the request for a va riance shall be denied.

J. - M.2. ...

### FINAL RULE/January 20, 2008 MM005

13 AUTHORITY NOTE: Promulgated in acco rdance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4). HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Water Resources, LR 21:945 (S eptember 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2556 (November 2000), repromulgated LR 30:232 (February 2004), amen ded by the Office of the Secretary, Legal Affairs Division, LR 31:2515 (October 2005), LR 33:2170 (October 2007), LR 34:**.

Part XI. Underground Storage Tanks

Chapter 7. Methods of Release Detectio n and Release Reporting, Investigation, Confirmation, and Response

§707. Reporting of Suspected Releases
A. - A.4.a. ... b. a UST system analysis report result of “inconclusive.”

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq. HISTORICAL NOTE: Promulgated by the De partment of Environmental Quality, Office of Solid and Hazardous Waste, Unde rground Storage Tank Division, LR 16:614 (July 1990), amended by the Office of Environmental A ssessment, Environmental Planning Division, LR 26:2559 (November 2000), LR 30:1677 (A ugust 2004), amended by the Office of Environmental Assessment, LR 31:1073 (May 2 005), amended by the Office of the Secretary, Legal Affairs Division, LR 34:**.Louisiana Register Vol. 33, No. 10 October 20, 2007 2219 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70 615; 111 New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 645 N. Lotus Drive, Suite C, Mandeville, LA 70471.

Herman Robinson, CPM
Executive Counsel

0710#020

NOTICE OF INTENT

Department of Envi ronmental Quality Office of the Secretary

Regulation Revisions (LAC 33:I.3931; III.111, 2121, 2125, 2145, 2147, and 2201; V.109, 1113, 1127, 1315, 1319, 1517, 4397, and 4999; IX.2707, 4905, and 6125; and XI.707)(MM005)

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 Environmental Quality regulations, LAC 33:I.3931; III.111, 2121, 2125, 2145, 2147, and 2201; V.109, 1113, 1127, 1315, 1319, 1517, 4397, and 4999; IX.2707, 4905, and 6125; and XI.707 (Log #MM005).

This proposed rule corrects outline numbering and wording errors that have been discovered in the Title 33, Environmental Quality regulations. Language found to be redundant or not required by federal regulations is deleted, and contact information for referenced publications is corrected. The Environmental Quality Act requires the department to promulgate environmental regulations. Maintenance of these regulations is part of that responsibility. The basis and rationale for this proposed rule are to maintain the regulations that protect the environment and public health of the stat e, as authorized by the Environmental Quality Act.

This proposed rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmental/health benefits and social/economic costs is required. This proposed rule has no known impact on family formation, stability, and autonomy as described in
R.S. 49:972.
Title 33 ENVIRONMENTAL QUALITY

Part I. Office of the Secretary Subpart 2. Notification Chapter 39. Notification Regulations and Procedures for Unauthorized Discharges Subchapter E. Reportable Quan tities for Noti fication of Unauthorized Discharges §3931. Reportable Quantity List for Pollutants

A. - B.Footnote #. ... C. Copies of documents incorporated by reference may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20401, or by telephone at (866) 512-1800.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2025(J), 2060(H), 2076(D), 2183(I), 2194(C), 2204(A), and 2373(B). HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of the Secretary, LR 11:770 (August 1985), amended LR 19:1022 (August 1993), LR 20:183 (February 1994), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 21:944 (September 1995), LR 22:341 (May 1996), amended by the Office of the Secretary, LR 24:1288 (July 1998), amended by th e Office of Environmental Assessment, Environmental Pla nning Division, LR 27:2229 (December 2001), LR 28:994 (May 2002), LR 29:698 (May 2003), LR 30:751 (April 2004), LR 30:1669 (August 2004), amended by
the Office of Environmental A ssessment, LR 31:919 (April 2005), amended by the Office of the Secr etary, Legal Affairs Division, LR 32:603 (April 2006), LR 32:2248 (December 2006), LR 33:640 (April 2007), LR 34:
Part III. Air Chapter 1. General Provisions §111. Definitions

A. When used in these rules and regulations, the following words and phrases shall have the meanings
ascribed to them below.

* * * Automobile and Light-Duty Truck Assembly Plant— a facility, excluding customizers, body shops, and other repainters, where automobile and/or light-duty truck bodies, frames, and parts are assembled for eventual inclusion into a finished product ready for sale to vehicle dealers, but excluding the following operations: a. wheel coatings; b. anti-rust coatings; c. trunk coatings; d. interior coatings; e. flexible coatings; f. sealers; and g. plastic parts coatings. Bubble Concept— an alternative emission plan whereby a facility with multiple sources of a given pollutant may achieve a required total emission by a different mix of controls from that mandated by regulation. Some sources may be assigned more restrictive limits, while others would meet less restrictive ones, provided the resulting total emissions are equivalent. Such a concept may permit a more expeditious compliance plan.

* * *

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

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:74 1 (December 1987), amended LR 14:348 (June 1988), LR 15:1061 (December 1989), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:777 (August 1991), LR 21:1081 (October 1995), LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 26:2444 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 32:808 (May 2006), LR 32:1599 (September 2006), LR 33:808 (October 2007), LR 34: Chapter 21. Control of Emission of Organic Compounds Subchapter A. General §2121. Fugitive Emission Control

A. Applicability. This regulation is applicable to equipment in petroleum refineries, natural gas processing plants, the synthetic organic chemical manufacturing industry (SOCMI), the methyl tertiary butyl ether (MTBE)Louisiana Register Vol. 33, No. 10 October 20, 2007 2220 manufacturing industry, and the polymer manufacturing industry that contains any of the following components that are intended to oper ate in VOC service 300 hours or more during the calendar year: 1. pumps; 2. compressors; 3. pressure relief devices; 4. open-ended valves or lines; 5. process drains; 6. valves; 7. agitators; 8. instrumentation systems; and

9. connectors. B. - G.Liquid Service. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2054.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959 (November 1990), LR 17:654 (July 1991), LR 21:1330 (December 1995), LR 22:1128 (November 1996), LR 22:1212 (December 1996), LR 24:22 (January 1998), amended by
the Office of Environmental As sessment, Environmental Planning Division, LR 26:1433 (July 2000), LR 26:2452 (November 2000), LR 30:1659 (August 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2440 (October 2005),
LR 34: Subchapter C. Solvent Degreasers §2125. Solvent Degreasers

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

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959 (November 1990), LR 18:1122 (October 1992), LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 28:1765 (August 2002), LR 30:746 (April 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 34: Subchapter I. Pharmaceutica l Manufacturing Facilities §2145. Pharmaceutical Ma nufacturing Facilities

A. - A.2. ... B. Air Dryers and Production Equipment Exhaust Systems. The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this regulation shall reduce the VOC emissions from all air dryers and production equipment exhaust systems: 1. by at least 90 percent if emissions are 330 lb/day (150 kg/day) or more of VOC; or 2. to 33 lb/day (15.0 kg/day) or less if emissions are less than 330 lb/day (150 kg/day) of VOC.

C. Storage and Loading Controls. The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this regulation shall: 1. provide a vapor balance system or equivalent control that is at least 90 percent effective in reducing emissions from truck or railcar deliveries to storage tanks with capacities greater than 2,000 gallons that store VOC with vapor pressures greater than 4.1 psia (28.0 KPA) at 20°C; and 2. install pressure/vacuum conservation vents set at plus or minus 0.03 psi gauge (plus or minus 0.2 KPA) on all storage tanks that store VOC with vapor pressures greater than 1.5 psia (10.3 KPA) at 20°C, unless a more effective control system is used.

D. Centrifuges, Filters, and In-process Tank Requirements. The owner or operator of a synthesized pharmaceutical facility subject to this regulation shall: 1. enclose all centrifuges, rotary vacuum filters, and other filters which have exposed liquid surfaces, where the liquid contains volatile organic compounds and exerts a total volatile organic compound vapor pressure of 0.5 psia (3.50 KPA) or more at 20°C; 2. install covers on all in-process tanks containing a volatile organic compound at any time. These covers must remain closed, unless production, sampling, maintenance, or inspection procedures require operator access.

E. - G.4. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2054.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:964 (November 1990), LR 22:1212 (December 1996), LR 24:25 (January 1998), amended by the Office of the Secretary, Legal Affairs Division, LR 34: Subchapter J. Limiting Volatile Organic Compound (VOC) Emissions from Reactor Processes and Distillation Operations in the Synthetic Organic Chemical Manufacturing Industry (SOCMI) §2147. Limiting VOC Emissions from SOCMI Reactor Processes and Distillation Operations

A. - C.1.a. ...
b. combust emissions in a flare. Flares used to comply with this Section shall comply with the requirements of 40 CFR 60.18. The flare operation requirement does not apply if a process vents an emergency relief discharge into a common flare header and causes the flare servicing the process to be out of compliance with one or more of the provisions of the flare operation rule.

C.2. - F.4, Figure 1. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2054.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 21:380 (April 1995), amended LR 22:1212 (December 1996), LR 23:1508, 1510 (November 1997), LR 23:1679 (December 1997), LR 24:1286 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Divisi on, LR 30:746 (April 2004), amended by the Office of the Secr etary, Legal Affairs Division, LR
34: Chapter 22. Control of Emissions of Nitrogen Oxides (NO

x ) §2201. Affected Facilit ies in the Baton Rouge

Nonattainment Area and th e Region of Influence

A. - C.6. ...

7. flares

, incinerators , and kilns and ovens , as defined in Subsection B of this Section;

C.8. - J.2. ... AUTHORITY NOTE: Promulgated in accordance with R.S.
30:2054.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 28:290 (February 2002),Louisiana Register Vol. 33, No. 10 October 20, 2007 2221 repromulgated LR 28:451 (March 2002), amended LR 28:1578 (July 2002), LR 30:748 (April 2004), LR 30:1170 (June 2004), amended by the Office of the Secr etary, Legal Affairs Division, LR 31:2441 (October 2005), LR 34:
Part V. Hazardous Wast e and Hazardous Materials Subpart 1. Department of Environmental Quality—
Hazardous Waste Chapter 1. General Provisions and Definitions §109. Definitions

For all purposes of these rules and regulations, the terms defined in this Chapter shall have the following meanings, unless the context of use clearly indicates otherwise.

* * * Recovery Operations— activities leading to resource recovery, recycling, reclamation, direct reuse or alternative
uses as listed in Table 2.B of the Annex of OECD Council Decision C(88)90(Final) of 27 May 1988, (available from the Environmental Protection Agency, RCRA Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave.,NW, Washington, DC 20460 (Docket Number F-94-IEHFFFFFF), or at the National Archives and Records Administration (NARA) by telephone at (202) 741-6030, or at the Organisation for Economic Co-operation and Development, Environment Dir ectorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France), which include the following operations.

Code Recovery Operations

* * * [See Prior Text in Table]

* * * AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 10:496 (July 1984), LR 11:11 39 (December 1985), LR 12:319 (May 1986), LR 13:84 (February 1987), LR 13:433 (August 1987), LR 13:651 (November 1987), LR 14:790, 791 (November 1988), LR 15:378 (May 1989), LR 15:737 (September 1989), LR 16:218, 220 (March 1990), LR 16:399 (May 1990), LR 16:614 (July 1990), LR 16:683 (August 1990), LR 17:362 (April 1991), LR 17:478 (May 1991), LR 18:723 (July 1992), LR 18:1375 (December 1992), repromulgated by the Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 19:626 (May 1993), amended LR 20:1000 (September 1994), LR 20:1109 (October 1994), LR 21:266 (March 1995), LR 21:944 (September 1995), LR 22:814 (September 1996), LR 23:564 (May 1997), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:655 (April 1998), LR 24:1101 (June 1998), LR 24:1688 (September 1998), LR 25:433 (March 1999), repromulgated LR 25:853 (May 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:269 (February 2000), LR 26:2465 (November 2000), LR 27:291 (March 2001), LR 27:708 (May 2001), LR 28:999 (May 2002), LR 28:1191 (June 2002), LR 29:318 (March 2003); amended by th e Office of the Secretary, Legal Affairs Division, LR 31:2452 (October 2005), LR 31:3116 (December 2005), LR 32:606 (April 2006), LR 32:822 (May 2006), LR 33:1625 (August 2007), LR 33:822 (October 2007), LR 34: Chapter 11. Generators Subchapter A. General §1113. Exports of Hazardous Waste

A. - G.1.f, certification. ...

2. Reports shall be sent to the administrative authority of the Louisiana Department of Environmental Quality. NOTE: This does not relieve the regulated community from the requirement of submitting annual reports in accordance
with 40 CFR 262.56 to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460. Hand-delivered reports should be sent to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 12th St. and Pennsylvania Ave., NW, Washington, DC 20004. H. - I.2. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 16:220 (March 1990), LR 18:1256 (November 1992), LR 20:1000 (September 1994), LR 20:1109 (October 1994), LR 21:944 (September 1995), LR 22:20 (January 1996), amended by the Office of the Secretary, LR 22:344 (May 1996), amended by the Office of Waste Services, Haza rdous Waste Division, LR 24:661 (April 1998), amended by the Office of Environmental Assessment, Environmental Planning Divisi on, LR 26:2471 (November 2000), LR 27:710 (May 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 32:824 (May 2006), LR 33:824 (October 2007), LR 34: Subchapter B. Transfrontier Shipments of Hazardous
Waste §1127. Transfrontier Shipments of Hazardous Waste for Recovery within the OECD

A. - C.2. ... a. Transactions Requiring Specific Consent i. Notification. At least 45 days prior to commencement of the transfrontier movement, the notifier must provide written notification in English of the proposed
transfrontier movement to th e Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460, with the words "Attention: OECD Export Notification" prominently displayed on the envelope. This notification must include all of the information identified in Paragraph C.5 of this Section. In cases where wastes having similar physical and chemical characteristics, the same United Nations classification, and the same RCRA waste codes are to be sent periodically to the same recovery facility by the same notifier, the notifier may submit one notification of intent to export these wastes in multiple shipments during a period of up to one year.
ii. - iii. ... b. Shipments to Facilities Preapproved by the Competent Authorities of the Importing Countr ies to Accept Specific Wastes for Recovery i. The notifier must provide EPA the information identified in Paragraph C.5 of this Section, in English, at least 10 days in advance of commencing shipment to a preapproved facility. The notification should indicate that the recovery facility is preapproved, and the notification may apply to a single specific shipment or to multiple shipments
as described in Clause C.2.a.i of this Section. This
information must be sent to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Ave.,Louisiana Register Vol. 33, No. 10 October 20, 2007 2222 NW, Washington, DC 20460, with the words "OECD Export Notification-Preapproved Facility" prominently displayed on the envelope.

C.2.b.ii. - D.4. ...

5. Within three working days of the receipt of imports subject to this Subchapter, the owner or operator of the United States recovery facility must send signed copies of the tracking document to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460, and to the competent authorities of the exporting and transit countries.

E. - F.2. ... G. Reporting and Recordkeeping

1. Annual Reports. For all waste movements subject to this Subchapter, persons (e.g., notifiers, recognized traders) who meet the definition of primary exporter in LAC 33:V.109 shall file an annual report with the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460, no later than March 1 of each year , summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste export ed during the previous calendar year. (If the primary exporter is required to file an annual report for waste exports that are not covered under this Subchapter, he may include all export information in one report provided the information required by this Subsection on exports of waste destined for recovery within the designated OECD member countries is contained in a separate section.) Such reports shall include the following:

G.1.a. - I.4. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Waste Services, Hazardous Waste Division, LR 24:661 (April 1998), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 26:2471 (November 2000), LR 27:293 (March 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 34: Chapter 13. Transporters §1315. Spills

A. - E. ...

1. give notice, if required by 49 CFR 171.15, to the National Response Center by telephone at (800) 424-8802 or (202) 267-2675; and 2. report in writing, as requ ired by 49 CFR 171.16, to the Information Systems Manager, PHH-63, Pipeline and Hazardous Materials Safety Ad ministration, Department of Transportation, Washington, DC 20590-0001, or send an
electronic Hazardous Materials Incident Report to the Information System Manager, DHM-63, Research and Special Programs Administration, Department of Transportation, Washington, DC 20590-0001. An electronic
Hazardous Materials Incident Re port form can be obtained at http://hazmat.dot.gov.

F. As required by 33 CFR 153.203 for oil and hazardous substance, a water (bulk shipment) transporter who has discharged hazardous waste must immediately notify the National Response Center (NRC), U.S. Coast Guard, 2100 Second Street, SW, Washington, DC 20593 by telephone at (800) 424-8802 or (202) 267-2675.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 10:496 (July 1984), amended by the Office of the Secretary, Legal Affairs Division, LR 34: §1319. Use and Reuse of Containers

A. - B.4. ... C. Repealed. AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended by the Office of the Secretary, Legal Affairs Division, LR 34: Chapter 15. Treatment, Storage, and Disposal Facilities §1517. General Requirements for Ignitable, Reactive, or Incompatible Wastes

A. - D. ... E. When required to comply with LAC 33:V.1517.A and B, the owner or operator must document that compliance. This documentation may be based on references to published scientific or engineering literature , data from trial tests (e.g., bench scale or pilot scale tests), waste analyses, or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended by the Office of the Secretary, Legal Affairs Division, LR 34: Chapter 43. Interim Status Subchapter G. Financial Requirements §4397. Applicability

A. ... B. The requirements of LAC 33:V.4405 and 4407 apply only to owners and operators of:

B.1. - D.2. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 13:433 (August 1987), LR 13:651 (November 1987), LR 21:266 (March 1995), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:1109 (June 1998), LR 25:486 (March 1999), amended by the Office of the Secretary, Legal Affairs Division, LR 34: Chapter 49. Lists of Hazardous Wastes §4999. Appendices—Appendix A, B, C, D, and E

Appendix A. - Appendix D. ... Appendix E. Wastes Excluded under LAC 33:V.105.M
A. - B.3.b. ...

Table 1 - Wastes Excluded

* * * [See Prior Text in Dupont Dow Elastomers LLC, Laplace, LA – BFI Waste Systems of Louisiana LLC, Col onial Landfill, Sorrento, LA, (4)]Louisiana Register Vol. 33, No. 10 October 20, 2007 2223 Table 1 - Wastes Excluded Syngenta Crop Protection, Inc., St. Gabriel, LA Incinerator ash, at a maximum a nnual generation rate of 3,600 cubic yards per year, and incinerator sc rubber water, at a maximum annual generation rate of 420,000 cubic yards per year (approximately 85 million gallons per year), result from incineration at the Syngenta Crop Protection, Inc., facility in St. Ga briel, Louisiana. Syngenta's waste stream includes the United States Environmental Protection Agency (USEPA) hazardous waste codes F 001-F005, F024, K157-K159, and all
P and U codes. The constituents of concern for these waste codes are listed in LAC 33:V.4901. This exclusion applies only to incinerator ash
and incinerator scrubber water resulti ng from incineration conducted at Syngenta's St. Gabriel facility. Synge nta must implement a testing and management program that meets the following conditions for the
exclusion to be valid.

* * * [See Prior Text in (1) - (3)(A)] (3)(B). Organic Constituents (all units are milligrams per liter) acetone—26.0; benzene—0.05; carbon tetrachloride—0.18; chloroform—0.14; 1,2-dichlorobenzene—0.77; hexachlorobenzene— 0.13; nitrobenzene—0.14; pentachlo robenzene—0.04; pyridine—0.26; toluene—10.0; toxaphene—0.089; and vinyl chloride—0.05.

* * * [See Prior Text in (4) - (4)(A)]

Table 1 - Wastes Excluded

* * * [See Prior Text in Murphy Exploration and Production Company, Amelia, LA]

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, LR 20:1000 (September 1994), amended by the Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 21:944 (September 1995), LR 22:830 (September 1996), amended by the Office of Waste Services, Hazardous Waste Division, LR 23:952 (August 1997), amended by the Office of Environmental Assessment, Envir onmental Planning Division, LR 25:2397 (December 1999), LR 26:2509 (November 2000), LR 29:1084 (July 2003), repromulga ted LR 29:1475 (August 2003), amended by the Office of Enviro nmental Assessment, LR 30:2464 (November 2004), amended by the Of fice of the Secretary, Legal Affairs Division, LR 33:445 (March 2007), LR 33:825 (May 2007), LR 33:1016 (June 2007), LR 34: Part IX. Water Quality Subpart 2. The Louisiana Pollutant Discharge Elimination System (LPDES) Program Chapter 27. LPDES Permit Conditions §2707. Establishing Limitations, Standards, and Other
Permit Conditions

A.1. - K.3. ...

4. the practices are reason ably necessary to achieve effluent limitations and standards or to carry out the purposes and intent of the CWA and the LEQA.

NOTE: Additional technical in formation on BMPs and the elements of BMPs is contained in the following documents: Guidance Manual for Developing Best Management Practices (BMPs), October 1993, EPA No. 833/B-93-004, NTIS No. PB 94-178324, ERIC No. W498; Storm Water Management for
Construction Activities: De veloping Pollution Prevention Plans and Best Management Practices, September 1992, EPA No. 832/R-92-005, NTIS No. PB 92-235951, ERIC No. N482; Storm Water Management for Construction Activities, Developing Pollution Prevention Plans and Best Management Practices: Summary Guidance, EPA No. 833/R-92-001, NTIS No. PB 93-223550, ERIC No.W139; Storm Water Management for Industrial Activities; Developing Pollution
Prevention Plans and Best Mana gement Practices, September 1992; EPA No. 832/R-92-006, NTIS No. PB 92-235969, ERIC No. N477; Storm Water Management for Industrial Activities, Developing Polluti on Prevention Plans and BestManagement Practices: Summary Guidance, EPA No. 833/R92-002, NTIS No. PB 94-133782, ERIC No. W492. Copies of these documents (or directions on how to obtain them) can be obtained by contacting either the Office of Water Resource Center (using the EPA document number as a reference) at (202) 566-1729 or the Educational Resources Information Center (ERIC) (using the ERIC number as a reference) at (800) 538-3742. Update s of these documents or additional BMP documents may also be available. A list of EPA BMP guidance documents is available on the Office of Water Management Home Page at http://www.epa.gov/owm. In addition, states may have BMP guidance documents. These EPA guidance documents are listed here only for informational purposes; they are not binding and EPA does not intend that these guidance documents have any mandatory regulatory effect by virtue of their listing in this note. L. - S. ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4).

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended LR 23:724 (June 1997), LR 23:1523 (November 1997), amended by th e Office of Environmental Assessment, Environmental Pla nning Division, LR 26:2282 (October 2000), LR 26:2764 (December 2000), LR 28:469 (March 2002), LR 28:1767 (August 2002), repromulgated LR 30:230 (February 2004), amended by the Office of Environmental Assessment, LR 31:426 (February 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 34: Chapter 49. Incorporation by Reference §4905. Availability

A. Copies of documents incorporated by reference may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20401, or by telephone at (866) 512-1800.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4).

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), repromulgated by the Office of Environmental Assessment, Environmental Pl anning Division, LR 30:232 (February 2004), amended by the Of fice of the Secretary, Legal Affairs Division, LR 34: Chapter 61. General Pretreatment Regulations for Existing and New Sources of Pollution §6125. Variances from Categorical Pretreatment
Standards for Fundamenta lly Different Factors
A. - H.9. ... I. Deficient Requests. The administrator (or his delegate) or the state administrative authority will only act on written requests for variances that contain all of the information required. Persons who have made incomplete submissions will be notified by the administrator (or his delegate) or the state administrative authority that their requests are deficient and unless the time period is extended, will be given up to thirty days to remedy the deficiency. If the deficiency is not corrected within the time period allowed by the administrator (or his delegate) or the state administrative authority, the request for a variance shall be
denied.

J. - M.2. ...Louisiana Register Vol. 33, No. 10 October 20, 2007 2224 AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4).

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended by the Office of Environmental Assessment, Environmental Pla nning Division, LR 26:2556 (November 2000), repromulgated LR 30:232 (February 2004), amended by the Office of the Secr etary, Legal Affairs Division, LR 31:2515 (October 2005), LR 34: Part XI. Underground Storage Tanks Chapter 7. Methods of Release Detection and Release Reporting, Investigation, Confirmation, and Response §707. Reporting of Suspected Releases

A. - A.4.a. ... b. a UST system analysis report result of
"inconclusive."

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.

HISTORICAL NOTE: Promulgate d by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Underground Storage Tank Division, LR 16:614 (July 1990), amended by the Office of Environmental Assessment, Environmental Planning Divisi on, LR 26:2559 (November 2000), LR 30:1677 (August 2004), amended by the Office of Environmental Assessment, LR 31:1073 (May 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 34:

A public hearing will be held on November 28, 2007, at 1:30 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 Judith A. Schuerman, Ph.D., at the address given below or at (225) 219-3550. Parking in the Galvez Garage is free 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 MM005. Such comments must be received no later than December 5, 2007, at 4:30 p.m., and should be sent to Judith A. Schuerman, Ph.D., Office of the Secretary, Legal Affairs Division, Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 219- 3582 or by e-mail to judith.schuerman@la.gov. Copies of this proposed regulation can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for each copy of MM005. This regulation is available on the Internet at www.deq.louisiana.gov/portal/tabid/1669/default.aspx.

This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70 615; 111 New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 645 N. Lotus Drive, Suite C, Mandeville, LA 70471.

Herman Robinson, CPM
Executive Counsel FISCAL AND ECONOMIC IMPACT STATEMENT
FOR ADMINISTRATIVE RULES RULE TITLE: Regulation Revisions

I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) There are no estimated implementation costs (savings) to state or local governmental units as a result of the proposed
rule.
II. ESTIMATED EFFECT ON REVE NUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)
There is no estimated effect on revenue collections of state or local governmental units resulting from the proposed rule.
III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO
DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)
There are no estimated costs an d/or economic benefits to directly affected persons or non-governmental groups.
IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) There is no estimated effect on competition or employment.

Herman Robinson, CPM Robert E. Hosse
Executive Counsel Staff Director

0710#023 Legislative Fiscal Officer

NOTICE OF INTENT

Department of Health and Hospitals
Board of Medical Examiners

Midwives

― Licensure and Practice (LAC 46:XLV.Chapters 23 and 53)

Notice is hereby given in accordance with R.S. 49:953,
that the Louisiana State Board of Medical Examiners (board), pursuant to the authority vested in the board by the Louisiana Medical Practice Act, R.S. 37:1261-1292, the Louisiana Midwife Practitioners Act, R.S. 37:3240-3257, and the applicable provisions of the Louisiana Administrative Procedure Act, R.S. 49:951 et seq., intends to amend its administrative rules governing licensure and practice of licensed midwives, LAC 46:XLV, Subpart 2, Chapter 23, Subchapters A-D, F-G, §§2303, 2307, 2313, 2317, 2321, 2325, 2345, 2349, 2357, 2359, 2361; and Subpart 3, Chapter 53, Subchapters A-C, §§5301, 5303, 5305, 5307, 5309, 5313, 5315, 5319, 5321, 5327, 5329, 5331, 5333, 5337, 5339, 5343, 5347, 5353, 5355, 5357, 5359, 5361, and 5363. The proposed Rules update a number of provisions generally, incorporate certain revised definitions, and make other substantive modifications consistent with the controlling law.
Title 46
PROFESSIONAL AND OCCUPATIONAL
STANDARDS
Part XLV. Medical Examiners Subpart 2. Licensure and Certification Chapter 23. Licensed Midwives Subchapter A. General Provisions §2303. Definitions

A. As used in this Chapter, the following terms shall have the meanings specified.

# Public Participation

# This page intentionally
left blankLouisiana Register Vol. 38, No. 2 February 20, 2012 678 

# Potpourri

POTPOURRI

Department of Agriculture and Forestry
Horticulture Commission

Landscape Architect Registration Exam

The next landscape architect registration examination will be given June 11-12, 2012, beginning at 7:45 a.m. at the Nelson Memorial Building, Louisiana State University Campus, Baton Rouge, LA. The deadline for sending the application and fee is as follows.

New Candidates: February 24, 2012 Re-Take Candidates: March 23, 2012 Reciprocity Candidates: April 27, 2012

Further information pertaining to the examinations may be obtained from Craig Roussel, Director, Horticulture Commission, P.O. Box 3596, Baton Rouge, LA 70821-3596, phone (225) 952-8100.

Any individual requesting special accommodations due to a disability should notify the office prior to March 23, 2012. Questions may be directed to (225) 952-8100.

Mike Strain, DVM
Commissioner

1202#001

POTPOURRI

Department of Children and Family Services Division of Programs

Temporary Assistance to Needy Families (TANF)
Caseload Reduction

The Department of Children and Family Services, hereby gives notice that, in accordance with federal regulations at 45 CFR 261.40, the Temporary Assistance to Needy Families (TANF) Caseload Reduction Report for Louisiana is now available to the public for review and comment.

In order to receive a caseload reduction credit for minimum participation rates, the agency must submit a report based on data from the Family Independence Temporary Assistance Program (FITAP) and the Strategies to Empower People Program (STEP) containing the following information: 1. a listing of, and implementation dates for, all state and federal eligibility changes, as defined at §261.42, made by the state after FY 2005; 2. a numerical estimate of the positive or negative impact on the applicable caseload of each eligibility change (based, as appropriate, on application denials, case closures, or other analyses); 3. an overall estimate of the total net positive or negative impact on the applicable caseload as a result of all such eligibility changes; 4. an estimate of the State's caseload reduction credit; 5. a description of the methodology and the supporting data that it used to calculate its caseload reduction estimates; 6. a certification that it has provided the public an appropriate opportunity to comment on the estimates and methodology, considered their comments, and incorporated all net reductions resulting from federal and state eligibility changes; and 7. a summary of all public comments. Copies of the TANF Caseload Reduction Report may be obtained by writing Tara Prejean, Department of Children and Family Services, P.O. Box 94065, Baton Rouge, Louisiana 70804-9065, by telephone at (225)342-4096, or via e-mail at tara.prejean@la.gov.

Written comments regarding the report should also be directed to Ms. Prejean. These must be received by close of business on 30 days.

Ruth Johnson Secretary

1202#072

POTPOURRI

Department of Environmental Quality Office of the Secretary

2008-2010 Permit Rule SIP, VOC Rule SIP, Misc Rule SIP and GHG Tailoring Rule SIP

Under the authority of the Environmental Quality Act, R.S. 30:2051 et seq., the Secretary gives notice that the Office of Environmental Services, Air Permits Division, Manufacturing Section, will submit to the Environmental Protection Agency (EPA) revisions to the State Implementation Plan (SIP) affecting rule revisions to LAC 33: III.Air. These include the Title V SIP, Volatile Organic Compounds SIP, General Rule Miscellaneous SIP, and Green
House Gas SIP.

If any party wishes to have a public hearing on this matter, one will be scheduled and the comments gathered at such hearing will be submitted as an addendum to the original submittal. All interested persons are invited to submit written comments concerning revisions no later than 4:30 p.m., March 23, 2012. to Vivian Aucoin, Office of Environmental Services, P.O. Box 4314, Baton Rouge, LA 70821-4314 or faxed to (225) 219-3240 or emailed to vivian.aucoin@la.gov.Louisiana Register Vol. 38, No. 2 February 20, 2012 679 A copy of this document may be viewed from 8 a.m. to 4:30 p.m. in the DEQ Public Records Center, Room 127, 602 N. Fifth Street, Baton Rouge, LA. This SIP revision is available on the internet at: http://www.deq.louisiana.gov/ portal/tabid/2381/Default.aspx.

Herman Robinson, CPM
Executive Counsel

1202#042

POTPOURRI

Office of the Governor
Commission on Law Enforcement and

Administration of Criminal Justice

Public Hearing

 Formula for Distribution of Federal Funds (LAC 22:III.Chapter 57)

The Commission on Law Enforcement and Administration of Criminal Justice hereby gives notice that it will hold a public hearing on March 1, 2012 at 10 a.m. at the Marriott Baton Rouge, 5500 Hilton Ave., Baton Rouge, LA 70808. The purpose of this public hearing will be for the
Commission on Law Enforcement to receive comments from the public regarding proposed modification to the formula for distribution of federal funds under its jurisdiction.

Joey Watson
Executive Director

1202#032

POTPOURRI

Department of Natural Resources
Office of Conservation

Orphaned Oilfield Sites

Office of Conservation records indicate that the Oilfield Sites listed in the table below have met the requirements as set forth by Section 91 of Act 404, La. R.S. 30:80 et seq., and as such are being declared Orphaned Oilfield Sites.

Operator Field District Well
Name Well
Number Serial
Number

Swartz
Fairbanks Monroe M Swartz
Fairbanks 001 990468

Cng Producing Company Fort
Jackson L Simica S
Pivach Et

Al 001 217713

Cyclops
Oil and

Gas 1969 Crew
Lake M Mgr Tusc Suc;
Alsbrook 001 131005

Sam H Riggs Caddo
Pine
Island S Riggs Fee 001 990469 Operator Field District Well

Name Well

Number Serial

Number

Sam H Riggs Caddo
Pine
Island S Riggs Fee 002 990470

Sam H Riggs Caddo
Pine
Island S Riggs Fee 003 990471

Panotech Exploratio

n Corp. Bayou La

Rose L V1 Sua;G

B
Voorhies 001 74397

Map Drilling Company Broussard L L Mt Ra Sua;S
Girouard 004 209584

Map Drilling Company Broussard L L Mt Ra Sub;S
Girouard
Jr Etal 005-

ALT 212040

Map Drilling Company Cypress
Island L Bayou

Tortue
Livestock
Inc Swd 002 191453

Map Drilling Company Manila Village L Sl 4190 001 105141

Map Drilling Company Manila Village L Sl 4190 002 109387

Map Drilling Company Outside
Island L Vua;J S
Broussard 001 193676

James H. Welsh
Commissioner

1202#022

POTPOURRI

Department of Natural Resources
Office of Conservation
Environmental Division

Legal Notice—Docket No. ENV 2012-L01

Notice is hereby given that the Commissioner of Conservation will conduct a hearing at 9:00 a.m., Wednesday, March 21, 2012, at the LaSalle Building located at 617 North Third Street, Baton Rouge, Louisiana.

At such time, the Commissioner, or his designated representative, will conduct a hearing pursuant to LAC Title 43, Part XIX. Subpart 1. Statewide Order No. 29-B relative to the matter of Clyde Reese et al. versus Carl Oil & Gas Co. et al., Docket Number 84390-C, 15 th Judicial District Court, Vermilion Parish, pertaining to a plan for the evaluation of environmental damage to property in the West Gueydan Field in Section 5, Township 12 South, Range 2 West.

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6



### Ms. Sandra Hilton

Office of Environmental Services

Permits Division

P.O. Box 4313

Baton Rouge, Louisiana 70821-4313

Dear Ms. Hilton: 1445 ROSS AVENUE. SUITE 1200 DALLAS, TX 75202-2733



### June 19,2012

Thank you for the opportunity to comment on proposed revisions to the State Implementation

Plan (SIP) titled "2008-20 I 0 Volatile Organic Compounds Rule SIP Revision" and "2008-20 I 0

Miscellaneous Rules SIP Revision." 

### In general, we support the revisions, with a few exceptions

listed here.



### Part I. Office of the Secretary
2008-2010. AfAf005, 1/2012008 

### Subpart 2. Notification Chapter 9. Notification Regulations and Procedures for Unauthorized Discharges Subchapter E. Reportable Quantities for Notification of Unauthorized Discharges
Section 3931. 

### Reportable Quantity List for Pollutants

3931.C. Part I is not part of the approved SIP. For EPA to approve a revision to this section in

Part I, we must have approved the underlying rule that is being revised. If you wish this revision

to be part of the federally approved SIP, please submit the whole rule with the revision.



### 2008-2010. AQ 309, 07120/2010



### Section 2131. Filling of Gasoline Storage Vessels

EPA appreciates that the entirety of Section 2131 has been included in the proposal along with

the redline-strikeout versions of the rule changes.


### 2008-2010. AfM005, 1/20/2008

The following entries shown as proposed revisions appear in rules that are not part of the approved SIP. Please do not submit these with the final submittal because they are not required by the Clean Air Act:

Part V. Hazardous Waste and Hazardous Materials Subpart I. Department of Environmental Quality- Hazardous Waste Chapter I , General Provisions and Definitions

Section I 09. Definitions Chapter II. Generators Subchapter A. General

Internet Address (URL)- http://wv..w.epa.gov/eartll1r6/ Recycled/Recyclable

- Printed w1th Vegetable Oil**Ba't~ks** on Recycled Paper (Minimum 30"Q Postconsumer)

### Section 1112. Exports of Hazardous Waste Subchapter B. Transfrontier Shipments of Hazardous Waste
Section 1127. Transfrontier Shipments of Hazardous Waste for Recovery within the OECD Chapter 13. Transporters
Section 1315. Spills
Section 1319. Use and Reuse of Containers Chapter 15. Treatment, Storage, and Disposal Facilities
Section 1517. General Requirements for Ignitable, Reactive, or Incompatible Wastes Chapter 43. Interim Status Subchapter G. Financial Requirements
Section 4397. Applicability Chapter 49. Lists of Hazardous Wastes
Section 4999. AppendicesPart IX. Water Quality Subpart 2. The Louisiana Pollutant Discharge Elimination System (LPDES) Program Chapter 27. LPDES Permit Conditions
Section 2707. Establishing Limitations, Standards, and Other Permit Conditions Chapter 49. Incorporation by Reference
Section 4905. Applicability Chapter 6J.Gencral Pretreatment Regulations for Existing and New Sources of Pollution
Section 6125.

Part XL Underground Storage Tanks Chapter 7. Methods

.... Section 707. Reporting of Suspected Releases

We appreciate the opportunity to comment on this SIP revision. If we may be of any assistance

to you in the future, please feel free to contact me or Sandra Rennie of my staff at (214) 665-
7367.

Sincerely yours,

Guy Donaldson, Chief
Air Planning Section

EPA Region6

174

## Summary of Comments and Responses 2008-2010 Volatile Organic Compounds Rule SIP

MM005 Comment: Sections included from Parts I, V, IX, and XI are not a part of the approved SIP and are not requir ed by the Clean Air Act.

Response: These sections have been removed from the final SIP