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 & Responses to Comments ................................................................................... 171

 

 

* 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 Plan (SIP) revision incorporates 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 Environmental Protection Agency fulfills an air 

quality planning commitment in the Performance Partnership Grant. 

AUTHORITY 

 Revisions or adoptions to the Air Quality 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. 

1
 

SUMMARY OF 

RULES PROMULGATED 

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3
SUMMARY 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 provide 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. 

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LAC 33:III.2132

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left blank 

7
2397 Louisiana Register Vol. 34, No. 11 November 20, 2008 

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 Environmental 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 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. 

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: Promulgated 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 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 34:2397 (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

8
9

~ ··.:~ 

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 
10

.. · 

\.. 

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 

* * * * * 

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ASSOCIATED REPORTERS, INC. (225) 216-2036 
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DEPARTMENT OF ENVIRONMENTAL QUALITY 

I N D E X 

EXAMINATION: 

None 

EXHIBITS: 

None 

REPORTER'S PAGE 

REPORTER'S CERTIFICATE 

* * * * * 

ASSOCIATED REPORTERS, INC. 

PAGE(S) 

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DEPARTMENT OF ENVIRONMENTAL QUALITY 

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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 

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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. 

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DEPARTMENT OF ENVIRONMENTAL QUALITY 

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. 

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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. 

* * * * * 

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ASSOCIATED REPORTERS, INC. (225) 216-2036 
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DEPARTMENT OF ENVIRONMENTAL QUALITY 

1 R E P 0 R T E R s P A G E 

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 

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"(inaudible)." 

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DEPARTMENT OF ENVIRONMENTAL QUALITY 

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 

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ASSOCIATED REPORTERS, INC. (225) 216-2036 
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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 23492 
19

fNdTICE 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 ~~~ 

;por 

~fficierit recovery as Stage equ1pII ~a 1 1 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) 
20

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! !shreveport·i LA 71101; 1 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, 2008 
21

atmosi: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 Board1

,.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 
22

RECE~VED 

1 

.:Wv 

cERTIFiEDCoPY = . me • ··=--· ...• ,., --· = ··~,~~~ ·= -]Sl~~~ {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 · ::·:· th1s .. ;, 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:! ,·:~: :c16 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 ~~~~~:~f1 ~,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.l1

, .. 

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. 
23

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;'dispye~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 
24

~~~-:-:---.. ···-···~"-~\; 

-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. 
25

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 
26

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 
27

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 0r 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) 
28

,, 

!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 111 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 Galve4 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. uilding1 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 i 
29

atmosphere. 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 Board1: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 
30

(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~ as,,-a_,, revision,J,o. the · 

·october-·2,::200B;'at-4:30 

~$~~~~~1~~t(i~ 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:ohue1g ~:~ <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 

#AQ291 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. 
31

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 

Pegeen~otary 

w~ 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;r6nd 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,'dispyeQg~~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 particWc1it~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 
32

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. 
33

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 Dispensing 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.

 89. 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 AssessmentCompliance 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 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 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:**. 

34
1677 Louisiana Register Vol. 34, No. 08 August 20, 2008 

NOTICE OF INTENT 

Department of Environmental 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 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 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 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. 

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: Promulgated 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 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: 

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 70615; 111 New Center Drive, 

35
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 REVENUE 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 Environmental Quality 

Office of the Secretary 

Legal Affairs Division 

Training and Education Requirements 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 user 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: Promulgated 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 Assessment, Environmental Planning 

Division, LR 26:2590 (November 2000), LR 30:1186 (June 2004), 

amended by the Office of Environmental 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 RP050ft. This regulation is 

available on the Internet at: 

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

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LAC 33:III.523, 2107, 2108

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1903 Louisiana Register Vol. 34, No. 09 September 20, 2008 

RULE 

Department of Environmental 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 testing 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 required in the regulations. This 

requirement is already 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 regulated 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 regulations 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 permanent change made 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. 

HISTORICAL 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 

34:1903 (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: 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 34:1903 (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 the 

39
Louisiana 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 testing 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: 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 34:1903 (September 2008). 

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. A copy of all monitoring and tests results shall be 

submitted to the Office of Environmental Assessment for 

review and approval within 60 days of completion of testing. 

F. – L. ... 

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 20:1098 (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 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 34:1904 

(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 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 34:1904 (September 2008). 

Subchapter 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 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: 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 34:1904 (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 determined 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: Promulgated 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

40
1905 Louisiana Register Vol. 34, No. 09 September 20, 2008 

Environmental Assessment, Environmental 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 Administrative 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: Promulgated by the Department of 

Health and Hospitals, Board of Medical Examiners, LR 16:507 

(June 1990), amended LR 34:1625 (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: Promulgated 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 Examiners, 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: Promulgated 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. 

41
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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 

,. 

9 Street, Baton Rouge, Louisiana 7 0802 on 

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

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Reported by.: 

Tara Torres 

Certified Court Reporter 

ASSOCIATED REPORTERS, INC. 

(504) 529-3355 

RECEIVED 

AUG 21 2008 

LDEQ/OSEC/LAD 

REGULATION DEVELOPMENT SECTION 
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I N D E X 

Caption . . . . . . . . . . 

Introduction 

By Ms. Stephens 

Reporter's Page . . . . . . 

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Reporter's Certificate 

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I N T R 0 D U C T I 0 N 

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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(504) 529~3355 

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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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R E p 0 R T E R I s p A G E 

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) 529-3355 
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Acadiana's Daily Newspaper 

THE ADVERTISER 

RECEIVED 

JUN 2 3 2008 

LDEQ/DSEC/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.: 

8DEQRQ_ 

1008538 

$91.59 

207 

P. 0. Box 4302 

Bat'on 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 

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. 
51

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' ~equired , 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 
52

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 
53

~ .... == . '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 me 
54

This .. 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 
55

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 
56

', 

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-orqer1 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 
57

~~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, 

wheretestlnglsreQuir~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- posedregulatloncan 

bepurchasedbycontactin91he DEQ Public Records Center a! C22S)219-316B.Check 

ormonevortlerlsreQulredlnal:!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 proposed rulemeetsanexcepllon 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 

attendandsubmltoral 

commentscntheproposedamendments. 

Should individuals with adisabi!ilyneedanacRECEIVED 

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 
58

~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··· lsistent.· ·m. o. re.· ton·~ 1 :· 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) 
59

·.·~ _.,_~...;;. 
60

~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~.;latlon 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 AQ294

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.

 43. Within 6030 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. 

 54. If there is to be a permanent change made whichthat 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. 

 HISTORICAL 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 atin 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 atin 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 atin 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 atin 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 

61
FINAL RULE/September 20, 2008 AQ294

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 6045 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.

 87. A copy of all monitoring and tests results shall be submitted to the Office 

of Environmental Assessment for review and approval within 6045 days of completion of 

testing. 

 F. – L. ...

 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 20:1098 (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 

62
FINAL RULE/September 20, 2008 AQ294

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:**. 

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.

 1110. A copy of all monitoring and tests results shall be submitted to the Office 

of Environmental Assessment for review and approval within 6045 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:**. 

Subchapter 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 review and approval within 6045 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 

§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 

63
FINAL RULE/September 20, 2008 AQ294

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 6045 days after completion of the 

test. 

 2. – 4.e. ... 

 5. Unless otherwise specified, samples shall be analyzed and emissions 

determined 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 sixtiethforty-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 LR 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, LR 31:2448 (October 2005), LR 33:2094 (October 2007), LR 34:**. 

64
1143 Louisiana Register Vol. 34, No. 06 June 20, 2008 

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 70615; 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 significant implementation costs or 

savings to state or local governmental units because of the 

proposed rule. The proposed rule makes technical changes to 

correct miscellaneous typographical, grammatical, punctuation, 

and numbering errors or omissions; and clarifies terms and 

definitions consistent with current administrative practice. 

II. ESTIMATED EFFECT ON REVENUE 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 costs 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 Environmental 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 testing 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 required in the regulations. This 

requirement is already 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 regulated 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 regulations 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. 

65
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 permanent change made 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. 

HISTORICAL 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: 

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: 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 

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: 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. A copy of all monitoring and tests results shall be 

submitted to the Office of Environmental Assessment for 

review and approval within 60 days of completion of testing. 

F. – L. ... 

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 20:1098 (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 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: 

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 days of completion of testing. 

G. – H. ... 

AUTHORITY NOTE: Promulgated in accordance with R.S. 

30:2054. 

66
1145 Louisiana Register Vol. 34, No. 06 June 20, 2008 

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: 

Subchapter 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 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: 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 

§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 determined 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: Promulgated 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, Environmental 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 70615; 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 Testing 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 REVENUE 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 notifications and reports are already 

required by regulation and permit. This rule clarifies the 

requirement for notification where the requirement is not 

specifically stated. Even when the regulation does not expressly 

state that a notification of performance testing is required, all 

67
Louisiana 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 consistent 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 Environmental 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 secondary containment with new 

installations or replacements of tanks and/or piping, and also 

to install under-dispenser containment and submersible 

pump containment, after December 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. Underground 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 or Piping―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 piping 

includes 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 associated 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 environment for a time sufficient to 

allow for detection and control of the released product. Such 

containment must 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: Promulgated 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 Environmental Assessment, Environmental 

Planning Division, LR 26:2558 (November 2000), LR 27:520 

(April 2001), amended by the Office of Environmental Assessment,

68
 

LAC 33:III.2137

69
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70
Louisiana 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 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: 

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 Beauregard, 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. 

71
1535 Louisiana Register Vol. 36, No. 7 July 20, 2010

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 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: 

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 Waste 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),

72
73

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. 
74

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 
75

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) 
76

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. 

4 
77

LDEQ-EDMS Document 6593064, Page 17 of 56 

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) 216-2036 
78

LDEQ-EDMS Document 6593064, Page 18 of 56 

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DEQ Public Hearing 

Baton Rouge, LA. 

April 28. 2010 

' 

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 

2 
79

LDEQ-EDMS Document 6593064, Page 19 of 56 

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DEQ Public Hearing 

Baton Rouge, LA 

Aprii2B. 2010 

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 

----------------------------------·-
80

LDEQ-EDMS Document 6593064, Page 20 of 56 

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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 

6 Federal Rules of Civil Procedure and/or 

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

8 Procedure, before whom this sworn testimony 

9 was taken, do hereby state on the record: 

10 That due to the interaction in the 

11 spontaneous discourse of this proceeding, 

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

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

14 same is the proper method for a Court 

15 Reporter's transcription of proceeding, and 

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

17 words or phrases have been left out of this 

18 transcript. 

19 Also; any words and/or names which could 

20 not be verified through reference material 

21 h a v e b e e n de n o t e d w i t h t h e p h r a s e 

4 

22 

23 -- -----~~---- 24 

25 

Mark LaCour, C.C.R. 

89054 

ASSOCIATED REPORTERS, INC. 

Mark LaCour, C.C.R 

(225) 216-2036 
81

LDEQ-EDMS Document 6593064, Page 21 of 56 

• 

• 

• 

1 

2 

DEQ Public Hearing 

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 

4 and correct transcription of the stenomask 

5 tape of the proceedings had herein, taken down 

6 by me and trans6ribed under my supervision, to 

7 the best of my ability and understanding, at 

8 the time and place hereinbefore noted, in the 

9 above-entitled cause. 

10 I further certify that the witness was 

11 duly sworn by me in my capacity as a Certified 

12 Court Reporter pursuant to the provisions of 

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

14 Louisiana; that I am not of counsel nor 

15 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. 

19 I further certify that my license is in 

20 good standing as a court reporter in and for 

21 the state of Louisiana. 

5 

22 

23 . '~ /l . 

_:...__ --------

24 

25 

Mark LaCour, C.C.R. 

# 89054 

ASSOCIATED REPORTERS, INC. 

Mark LaCour, C.C.R. 

(225) 216-2036 
82

LDEQ-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! Avenue1 (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.ROIUI1 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. - ·; 

.,., 
83

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 · Trah11 n, Aitorncy · Su- nltrated to- amend the p.ervlsor; Office of' the Air reguletlons, LAC . 5ecretllry, L~al Af· i!Q3091

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. 
84

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..estcdipersons 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 

#23111 
85

LDEQ-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 PUBLIC 
86

LDEQ-EDMS Document 6583564, Page 52 of 65 

.RECEIVED 

-· .... MAR 1.92010 

. . ~ti· 1!/11 . . . . . ·. 

!cERTIFIED COP ... X[: .. ~·it;··· ···-~•, ·.··:. :· .... · . · · · . · ... ' 

_· .. ·· ~-. ··. H·t:~llltll -. ,._. 

'·· .x·':i'';:~;~~~'~*·i·~-:~~~w~~ffr .. :··., .... ·· . ·· .. ·-.··. · 

,_ .. I?J&~l€)6,,,,Q.e;,.,~'"W,6L11GATIONLA DEPT OF ENVIRONMENTAl QUA.LllY .. . • . 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:': ,<:· " , '" . . . 

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;~;~·-. --~~-'." •.. · .:: ·. , · · · ~ . • ·· .. ·. · ·· · 

NOTICE OF INTENT DepartmentpfE)'lVlrcinmerital . • •. . • > ,, ···:-· • •·. • ·-'-_:·t,;.t..,· -.•&·:-:c,v._•.;:-··.-• --.~- . • ~: . 

. Ql;l~tX Qffi~~:ofthe-~~~t~![i[Y;Hg~\"!U'fairsDivision .· . GasoliD.e Handlilig (LACJ3'III:21Jl)(A'Q309). ·. · ·. • .. ,_ 

..... · -•·· · . · .·.. . .. ~;~~(~~{it~i:u:~y{~: ·.· .. :·· . · .._ ... _ ....·. . ... . · J 

· ·-As percopyofadv~rti~e$~ritlie\:etk:\ih~execi;~was:i>ublisliedin 

·:· .. ·~.~-:.. ·;: • -·~:~::_·: :--~_-;;~:~.:~·-·;_·~- ·~-~::~;~:~;;~;.:~ft.I1iii~1~~~~:~~; ;_; • ~--•: ·· • '• • '• • ,_ .. ~~ .. ~-. ;. · -The Times.mrthiMolloWiii:i:d:ites<to.wit: ·· · . '·; ;_··;:_ . _;---

·-· . ·~· ,. _-,.·' 

-::-

. , . 

. ,; 

.-. c:·+f1,A+a ~ ?t c?xul~ ._. .. . · .. 

. . · oiANAw:8AA&ri(Noi..\Rv.'Pu.sue!604S1 · ; .. {Notat)). -.·.- · --'· CAooo -~!'R'~-H _LoutsLA_~A-,-:_ . · "MY.COMMISSI{)N IS.FOR:LifE: 

···.· 

·-··· 

. .; . 

. ~:-:' :~ _;_ .... _. ' 

·.;. ... 

:---·' 

-:-

.) . 

.·_._,. 

.)' . 
87

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.

 BA. 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 whichthat reduces such emissions by at 

least 90 percent. 

 CB. 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 the liquid line is connected before gasoline iscan 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 

88
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 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. 

 DC. Alternate Vapor Balance Systems. Other vapor balance arrangements may be 

accepted if proof of the emission level required in Subsection B of this SectionLAC 

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. 

 ED. Exemptions. The following are exempt from the requirements of Subsection B of 

this SectionLAC 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);

 12. 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; 

89
Final Rule no Tech. Amendments/July 20, 2010 AQ309 

3

 23. any gasoline outlet in the parishes of Ascension, Calcasieu, East Baton 

Rouge, Iberville, Livingston, Pointe Coupee orand West Baton Rouge whose throughput is less 

than 120,000 gallons (454,200 liters) per year, or any gasoline outlet in the parishes of 

Beauregard, Bossier, Caddo, Grant, Jefferson, Lafayette, Lafourche, Orleans, St. Bernard, St. 

Charles, St. James, St. John the Baptist, orand 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 parishes of Ascension, Calcasieu, East Baton Rouge, Iberville, 

Livingston, Pointe Coupee, orand West Baton Rouge, or 42,000 gallons for a facility in the 

parishes of Beauregard, Bossier, Caddo, Grant, Jefferson, Lafayette, Lafourche, Orleans, St. 

Bernard, St. Charles, St. James, St. John the Baptist, orand 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; 

 34. 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

 45. tanks having a capacity of less than 550 gallons used exclusively for the 

fueling of farm implements and having a submerged fill line. 

 FE. 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 

90
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 

reference at LAC 33:III.3003) for determination of volatile organic compound leaks. 

 GF. Recordkeeping. The owner or operator of any operation that is involved with 

storing gasoline in any stationary container and required to comply with this SectionLAC 

33:III.2131 shall maintain records to verify compliance with this Section. The records shallwill

be maintained for at least two years and shallwill 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 stationary 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 the 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 LAC 

33:III.2137.A.1. Each tank must be certified annually and the sticker must 

91
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 ofinformation 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 SectionLAC 33:III.2131 or any testing 

done by the owner or operator on a voluntary basis. 

 HG. 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:**. 

92
93

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, 2010 
94

LDEQ-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. 
95

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

96
This page intentionally 

left blank 

97
Louisiana 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 equipped 

98
2271 Louisiana Register Vol. 36, No. 10 October 20, 2010 

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 Referenceʊ2009 

(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. 

99
100

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 

* * * '* * * * * * * * * * * * * 7 * * * * * * *' * * 

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. 

* * * * * * * * * * * * * * * * * * * * * * * * * * 

Reported by: 

Susan Erkel 

Certifled Court Reporter 

In and for the State of Louisiana 

ASSOCIATED REPORTERS, INCORPORATED 

(225) 216-2036 

1 
101

LDEQ-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 

·- --

2 
102

LDEQ-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 

3 
103

LDEQ-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 

4 
104

LDEQ-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 

5 
105

LDEQ-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 

6 
106

LDEQ-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 

7 
107

LDEQ-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 

8 
108

LDEQ-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 ';: 
109

LDEQ-EDMS Document 7725935, Page 2 of 31 

AFFIDAVIT 

solemnly swear 

!he 

sworn to me 
110

LDEQ-EDMS Document 7725935, Page 3 of 31 
111

LDEQ-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.1commi<Siaa cxoircs acmy dcalh. - t:.: l3riC'S /\. J·crguson. Jr. 

Notary idcn1itica1ion number 23492 
112

LDEQ-EDMS Document 7725935, Page 5 of 31 

NOT1CE OF INTENT 
113

LDEQ 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 PUBLIC 
114

LDEQ-EDMS Document 7725935, Page 7 of 31 

Affidavit of Publication 

0 

me on this I 
115

---, --~- ~ u~ ~~ 
116

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. 
117

DMS Document 7725935, Page 10 of 31 

Rchi:rwn, 

"'"riu'lw$ Ccvn:.el 
118

LDEQ-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 

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; and

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, 

119
Final Rule/October 20, 2010 Regulation Development – AI# 168759 AQ312 

2 

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:**. 

120
1605 Louisiana Register Vol. 36, No. 7 July 20, 2010

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 regulations, 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" 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

121
Louisiana 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 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 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 Counsel 

122
1607 Louisiana Register Vol. 36, No. 7 July 20, 2010

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 

hazardous 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

123
LAC 33:III.111, 2121, 2125, 2145, 2147,2201

124
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left blank 

125
70 Louisiana Register Vol. 34, No. 01 January 20, 2008 

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 Waste 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, Disposal, 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, nonexistent 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: Promulgated 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 Division, LR 26:2469 (November 2000), 

amended by the Office of the Secretary, Legal Affairs Division, LR 

34:69 (January 2008). 

Herman Robinson, CPM 

Executive Counsel 

0801#016 

RULE 

Department of Environmental 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 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 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 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. 

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: Promulgated 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 the Office of Environmental 

Assessment, Environmental Planning 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 Assessment, LR 31:919 (April 2005),

126
71 Louisiana Register Vol. 34, No. 01 January 20, 2008 

amended by the Office of the Secretary, 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: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Nuclear Energy, 

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

14:348 (June 1988), LR 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, Environmental 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 operate 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: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Nuclear Energy, 

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

Office of Air Quality and Radiation Protection, Air Quality 

Division, LR 16:959 (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, 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: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Nuclear Energy, 

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

Office of Air Quality and Radiation Protection, Air Quality 

Division, LR 16:959 (November 1990), LR 18:1122 (October 

1992), LR 22:1212 (December 1996), amended by the Office of 

Environmental Assessment, Environmental Planning Division, LR 

28:1765 (August 2002), LR 30:746 (April 2004), amended by the 

Office of the Secretary, Legal Affairs Division, LR 34:70 (January 

2008). 

Subchapter I. Pharmaceutical Manufacturing Facilities 

§2145. Pharmaceutical Manufacturing 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 

127
72 Louisiana Register Vol. 34, No. 01 January 20, 2008 

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: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Nuclear Energy, 

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

Office of Air Quality and Radiation Protection, Air Quality 

Division, LR 16:964 (November 1990), LR 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: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Radiation 

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

LR 22:1212 (December 1996), LR 23:1508, 1510 (November 

1997), LR 23:1679 (December 1997), LR 24:1286 (July 1998), 

amended by the Office of Environmental Assessment, 

Environmental Planning Division, LR 30:746 (April 2004), 

amended by the Office of the Secretary, Legal Affairs Division, LR 

34:71 (January 2008). 

Chapter 22. Control of Emissions of Nitrogen Oxides 

(NOx) 

§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 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 Secretary, Legal Affairs Division, LR

31:2441 (October 2005), LR 33:2088 (October 2007), LR 34:71 

(January 2008). 

Part V. Hazardous Waste 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 Directorate, 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: 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), 

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 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 34:71 

(January 2008). 

128
73 Louisiana Register Vol. 34, No. 01 January 20, 2008 

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: Promulgated 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, 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 34:72 (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 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 "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 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 

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 exported 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: Promulgated 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, Environmental 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; and 

129
74 Louisiana Register Vol. 34, No. 01 January 20, 2008 

2. report in writing, as required by 49 CFR 171.16, to 

the Information Systems Manager, PHH-63, Pipeline and 

Hazardous Materials Safety Administration, 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 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 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: 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), 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: Promulgated 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: Promulgated 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: Promulgated 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, 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 scrubber 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—0.089; 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: Promulgated 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, Environmental Planning Division, LR 

25:2397 (December 1999), LR 26:2509 (November 2000), LR 

29:1084 (July 2003), repromulgated LR 29:1475 (August 2003), 

amended by the Office of Environmental Assessment, LR 30:2464 

(November 2004), amended 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 34:73 (January 2008). 

130
( 

131

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 
132

( 

( 

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 

* * * * * 

2 

ASSOCIATED REPORTERS, INC. (225) 216-2036 
133

DEPARTMENT OF ENVIRONMENTAL QUALITY 

I N D E X 

EXAMINATION: 

None 

EXHIBITS: 

None 

REPORTER'S PAGE 

REPORTER'S CE.RTIFICATE 

* * * * * 

ASSOCIATED REPORTERS, INC. 

PAGE(S) 

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DEPARTMENT OF ENVIRONMENTAL QUALITY 

* * * * * 

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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DEPARTMENT OF ENVIRONMENTAL QUALITY 

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 
136

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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. 

* * * * * 

ASSOCIATED REPORTERS, INC. 

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DEPARTMENT OF ENVIRONMENTAL QUALITY 7 

R E p 0 R T E R I 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 
138

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 

22 

23 # 97083 

,mrmt:r~(L.~~~~ 

~~t~f~·:' 

e 

8 

ASSOCIATED REPORTERS, INC. (225) 216-2036 
139

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 ... :Charlesi1 

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/ 
140

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 . 

OfficeoftheSecretar:¥ r.onm·_-·e-nt_a __ ~--Q ____ u_a_--_~r_tv_. __ , ~e or ·me the un ers1gne ~---, au on.ty, personally came and appeared 

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 

~ \. ~ , r j 0&/li!u~ 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 
141

· ... 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 
142

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. 

NOTARYPU 
143

865804 

'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 : ~egulations. 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- . modati0n 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 
144

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) 
145

:'.' · ... •' ..... 

· .. ' ./· 

' I ''""' ,'•· 

\ 

g~/Jr~l'l · ·. R\)\lill$Pn, 

~X~!=Htiyt; QPU~~~I .. , 

The Times: 

p!;tober _9, 2907 . 
146

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 PUBLIC 
147

judith.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 
148

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\i10 ~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

10tctaht!!10:fno5

11forwoming. ·' 1Cte,. 1113, 1127, 1315, 131~, 151[.;,, 1 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( 
149

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 

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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. 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: Promulgated 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 the Office of Environmental Assessment, 

Environmental Planning 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 Assessment, LR 31:919 (April 2005), amended by the Office of the Secretary, 

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:**. 

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.(1) wheel coatings; 

b.(2) anti-rust coatings; 

c.(3) trunk coatings; 

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d.(4) interior coatings; 

e.(5) flexible coatings; 

f.(6) sealers; and

g.(7) plastic parts coatings. 

Excluded from this definition are customizers, 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 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: Promulgated by the Department of Environmental Quality, 

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

amended LR 14:348 (June 1988), LR 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, Environmental 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:**. 

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 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. 

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B. - G.Liquid Service. ... 

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, 

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

amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959 

(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, 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:**. 

Subchapter C. VaporSolvent Degreasers 

§2125. VaporSolvent Degreasers 

 A. – G. ... 

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, 

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

amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959 

(November 1990), LR 18:1122 (October 1992), LR 22:1212 (December 1996), amended by the 

Office of Environmental Assessment, Environmental Planning Division, LR 28:1765 (August 

2002), LR 30:746 (April 2004), 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 synthesized 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 synthesized pharmaceutical manufacturing 

facility subject to this regulation shall: 

1. a. 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 

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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. b. 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.

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 pressure of 0.5 psia (3.50 KPA) or more at 20°C; 

2. b. 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: Promulgated by the Department of Environmental Quality, 

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

amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:964 

(November 1990), LR 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 LAC 33:III.313140 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 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 Division, LR 30:746 (April 2004), amended by the Office 

of the Secretary, Legal Affairs Division, LR 34:**. 

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

§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 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 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 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 

Information Center (RIC), 1235 Jefferson-Davis Highway, First Floor, Arlington, VA 

22203Docket, 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, andor at the Organizsation for 

Economic Co-operation and Development, Environment Directorate, 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: Promulgated by the Department of Environmental Quality, 

Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), 

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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 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 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 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 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, 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: Promulgated 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, 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:**. 

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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 the Office 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, 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 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 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 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 States 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, 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 RecordKkeeping 

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 

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33:V.109 shall file an annual report with the Office 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, no later than March 1 

of each year, summarizing the types, quantities, frequency, and ultimate destination of all such 

hazardous waste exported 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: Promulgated 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, Environmental 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:**. 

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) -426267-2675); and 

2. report in writing, as required by 49 CFR 171.16, to the Director, Office of 

Hazardous Materials Regulations, Materials Transportation BureauInformation 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 Manager, DHM-63, Research and Special Programs 

Administration, Department of Transportation, 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 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) 267-2675give 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 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. ... 

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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 constituents to a level which will not cause an incompatibility 

with any subsequent shipment and/or render any future load hazardous. All material resulting 

from such cleaning shall be considered a hazardous 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 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. 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 constituents to a level which will not cause an incompatibility with any 

subsequent shipment and/or of itself render any future load hazardous. All material resulting 

from such cleaning shall be considered a hazardous waste unless otherwise approved by the 

administrative authority.

EF. 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: Promulgated 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 44097 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 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), 

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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, 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 scrubber 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—0.089; and vinyl chloride—0.05. 

* * * 

[See Prior Text in (4) - (4)(A)] 

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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 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, Environmental Planning Division, LR 

25:2397 (December 1999), LR 26:2509 (November 2000), LR 29:1084 (July 2003), 

repromulgated LR 29:1475 (August 2003), amended by the Office of Environmental 

Assessment, LR 30:2464 (November 2004), amended 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 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 reasonably necessary 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 Activities, 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) 260-7786566-1729 or the Educational Resources Information Center (ERIC) (using the ERIC 

number as a reference) at (800) 276-0462538-3742. Updates 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; 

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

in particular Section 2074(B)(3) and (B)(4). 

HISTORICAL NOTE: Promulgated 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 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), 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 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. Government Printing Office, Washington, DC 20401, or by 

telephone at (866) 512-1800.:

Government Institutes, Inc.

4 Research Place, Suite 200

Rockville, Maryland 20850

(301) 921-2355

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

in particular Section 2074(B)(3) and (B)(4). 

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, 

Office of Water Resources, LR 21:945 (September 1995), repromulgated by the Office of 

Environmental Assessment, Environmental Planning Division, LR 30:232 (February 2004), 

amended by the Office 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 Fundamentally Different 

Factors 

A. - H.9. ... 

I. a. 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. ... 

161
FINAL RULE/January 20, 2008 MM005 

13

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

in particular Section 2074(B)(3) and (B)(4). 

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, 

Office of Water Resources, LR 21:945 (September 1995), amended by the Office of 

Environmental Assessment, Environmental Planning Division, LR 26:2556 (November 2000), 

repromulgated LR 30:232 (February 2004), amended 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 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: Promulgated 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 Division, 

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:**. 

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2219 Louisiana Register Vol. 33, No. 10 October 20, 2007 

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. Lotus Drive, Suite C, Mandeville, LA 70471. 

Herman Robinson, CPM 

Executive Counsel 

0710#020 

NOTICE OF INTENT 

Department of Environmental 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 state, 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 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. 

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: Promulgated 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 the Office of Environmental 

Assessment, Environmental Planning 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 Assessment, LR 31:919 (April 2005), 

amended by the Office of the Secretary, 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: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Nuclear Energy, 

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

14:348 (June 1988), LR 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, Environmental 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)

163
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 operate 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: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Nuclear Energy, 

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

Office of Air Quality and Radiation Protection, Air Quality 

Division, LR 16:959 (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, 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: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Nuclear Energy, 

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

Office of Air Quality and Radiation Protection, Air Quality 

Division, LR 16:959 (November 1990), LR 18:1122 (October 

1992), LR 22:1212 (December 1996), amended by the Office of 

Environmental Assessment, Environmental Planning Division, LR 

28:1765 (August 2002), LR 30:746 (April 2004), 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. 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: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Nuclear Energy, 

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

Office of Air Quality and Radiation Protection, Air Quality 

Division, LR 16:964 (November 1990), LR 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: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Radiation 

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

LR 22:1212 (December 1996), LR 23:1508, 1510 (November 

1997), LR 23:1679 (December 1997), LR 24:1286 (July 1998), 

amended by the Office of Environmental Assessment, 

Environmental Planning Division, LR 30:746 (April 2004), 

amended by the Office of the Secretary, Legal Affairs Division, LR 

34: 

Chapter 22. Control of Emissions of Nitrogen Oxides 

(NOx) 

§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 Department of 

Environmental Quality, Office of Environmental Assessment, 

Environmental Planning Division, LR 28:290 (February 2002), 

164
2221 Louisiana Register Vol. 33, No. 10 October 20, 2007 

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 34: 

Part V. Hazardous Waste 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 Directorate, 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: 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), 

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 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 33:822 (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: Promulgated 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, 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 33:824 

(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 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 "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 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 

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., 

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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 exported 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: Promulgated 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, Environmental 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 required by 49 CFR 171.16, to 

the Information Systems Manager, PHH-63, Pipeline and 

Hazardous Materials Safety Administration, 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 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 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: 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), 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: Promulgated 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: Promulgated 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: Promulgated 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, Colonial Landfill, Sorrento, LA, (4)] 

166
2223 Louisiana Register Vol. 33, No. 10 October 20, 2007 

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 scrubber 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—0.089; 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: Promulgated 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, Environmental Planning Division, LR 

25:2397 (December 1999), LR 26:2509 (November 2000), LR 

29:1084 (July 2003), repromulgated LR 29:1475 (August 2003), 

amended by the Office of Environmental Assessment, LR 30:2464 

(November 2004), amended 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 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 reasonably necessary 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 

Activities, Developing Pollution Prevention Plans and Best 

Management 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. Updates 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: Promulgated 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 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), 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: Promulgated by the Department of 

Environmental Quality, Office of Water Resources, LR 21:945 

(September 1995), repromulgated by the Office of Environmental 

Assessment, Environmental Planning Division, LR 30:232 

(February 2004), amended by the Office 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 Fundamentally 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. ... 

167
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: Promulgated by the Department of 

Environmental Quality, Office of Water Resources, LR 21:945 

(September 1995), amended by the Office of Environmental 

Assessment, Environmental Planning Division, LR 26:2556 

(November 2000), repromulgated LR 30:232 (February 2004), 

amended by the Office of the Secretary, 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: Promulgated 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 Division, 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 70615; 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 REVENUE 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 and/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. 

168
169

Public Participation 
This page intentionally 

left blank 

170
Louisiana 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. 

171
679 Louisiana Register Vol. 38, No. 2 February 20, 2012 

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 HearingFormula 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, 15th 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. 

172
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 required by the Clean Air Act. 

Response: These sections have been removed from the final SIP 

175