Louisiana Revisions to LAC 33:III.501, 504, 505, 507, 509, 

517, 521, and 613 submitted to EPA May 5, 2006 

(LA-83), with the Louisiana 2005 General Rules Update 

This documents contains only the Louisiana Revisions to 

LAC 33:III.501, 504, 505, 507, 509, 517, 521, and 613 

submitted to EPA May 5, 2006 (LA-83), with the Louisiana 

2005 General Rules Update. The entire submittal is 

available at: 

LA021.11 Louisiana 2005 General Rules Update, LAC 33:I, Chapter 5, and LAC 33:III, Chapters 

2, 5, 6, 9, 11, 14, 15, 21, 22, 23; Submitted to EPA May 5, 2006 (LA-83). 367 pages 23.6 MB 

r35

Document ID: EPA-R06-OAR-2007-0924-0011 
lyw _oCJ - /JOO ,- fiji

DEPARTMENT OF ENVIRONMENTAL QUALITY

KATHLEEN BABINEAUX BLANCO

GOVERNOR

MIKE D, McDANIEL, Ph,D,

SECRETARY

May 5, 2006

Mayor Richard E. Greene

Regional Administrator

US EPA Region 6

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

11c

RE: 2005 General Revisions to the State Implementation Plan

Dear Mayor Gr~ene:

The State of Louisiana has approved and is submitting the 2005 General Revisions to the State

Implementation Plan (SIP). This SIP submittal incorporates revisions to the Louisiana

Administrative Code (LAC) during the year 2005 and revisions to the LAC not previously

federally approved.

Please contact the planning staff through Teri Lanoue, at (225) 219-3556 if you have any

questions.

Best wishes and warm personal regards.

s;n;t' 6 IV[!J~ Mike D. McDaniel, Ph.D

Secretary

shh

Enclosure

cc: Mr. Wilbeli F. Jordan

Thomas Diggs

OFFICE OF THE SECRETARY

: PO BOX 4301, BATON ROUGE, LA 70821-4301

P:225-219-3953 F:225-219-3971

WWWDEO.LOUISIANA.GOV
Louisiana State Implementation Plan Revision

2005 GENERAL REVISION TO THE

STATE IMPLEMENTATION PLAN

Submitted to:

EPA Region 6

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

Final May 2006
TABLE OF CONTENTS

2005 GENERAL REVISION TO THE

STATE IMPLEMENTATION PLAN

OVERVIEW 1

PURPOSE

AUTHORITY

SUMMARY OF RULES PROMULGATED 2

APPENDIX A - FINAL REVISED REGULATIONS

AQ 244 (LAC 33:III.501) 4

AQ 248 (LAC 33 :III. 1509) 30

*OS 057 (LAC 33:III.505, 517, 521) 53

*OS 065 (LAC 33:III.211, 501, 504, 505, 507, 509, 613, 918, 919,1105,1107,1410,1507,

2103,2108,2113,2116,2121,2122,2123,2132,2153, 2201, 2301, 2303, 2307) 103

APPENDIX B - PUBLIC PARTICIPATION

Public Notice 340

Public Hearing 350

Public Comments & Responses to Comments 357

* These rules include Parts ofthe 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 2005. The submittal

includes revisions to regulations in LAC 33:III.Chapters 2, 5, 6, 9, I I, 14, 15, 2 1,22, and

23 as well as supporting rules not previously submitted. Submittal ofthis 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
SUMMARY OF RULES PROMULGATED IN 2005 ....

Louisiana ..J , ..

Register

LAC 33:III .. Citation .... Description Comments ,

§501 May 2005 Air Permit Procedures Corrects contradictory language in the insignificant activities list.

I

LR 31:1063

AQ244

§1509 May 2005 Sulfur Dioxide Rule Corrects the unit of measurement for the concentration of

LR 31:1061 hydrogen sulfide that is exempt from control measures.

AQ248

§505 October 2005 Air Permit Procedures Unifies and streamlines name and ownership changes for all

LR 3 I: 2427 media.

OS 057

§517 October 2005 Air Permit Procedures Unifies and streamlines name and ownership changes for all

LR 31: 2427 media.

OS 057

§521 October 2005 Air Permit Procedures Unifies and streamlines name and ownership changes for all

LR31:2427 media.

OS 057

§211

I

October 2005 Fee Methodology Revises rule references after department reorganization to reflect

LR 31:2431 new organization structure.

OS 065

§501 October 2005 Air Permit Procedures Revises rule references after department reorganization to reflect

LR 31 :243 1 new organization structure.

OS 065

§504 October 2005 Nonattainment New Revises rule references after department reorganization to reflect

I LR 31:2431 Source Review new organization structure.

OS 065 Procedures

§505 October 2005 Acid Rain Permitting Revises rule references after department reorganization to reflect

LR 31:2431 Requirements new organization structure.

OS 065

§507 October 2005 Part 70 Permits Revises rule references after department reorganization to reflect

LR31:2431 Program new organization structure.

OS 065

§509 October 2005 Prevention of Revises rule references after department reorganization to reflect

LR 31:2431 Significant new organization structure.

OS 065 Deterioration

§613 October 2005 ERCBank Revises rule references after department reorganization to reflect

LR31:2431 Recordkeeping and new organization structure.

OS 065 Reporting

Requirements

§918 October 2005 Recordkeeping and Revises rule references after department reorganization to reflect

LR 31:2431 Annual Reporting new organization structure.

OS 065

§919 October 2005 Emissions Inventory Revises rule references after department reorganization to reflect

LR 31:2431 new organization structure.

OS 065

§1105 October 2005 Smoke from Flaring Revises rule references after department reorganization to reflect

LR 31:243 1 new organization structure.

OS 065

§1107 October 2005 Control ofEmissions Revises rule references after department reorganization to reflect

LR 31:2431 of Smoke Exemptions new organization structure.

OS 065

§1410 October 2005 Criteria for Revises rule references after department reorganization to reflect

LR 31:2431 Determining new organization structure.

OS 065 Conformity

§1507 October 2005 Emission Standards Revises rule references after department reorganization to reflect

LR 31:2431 for Sulfur Dioxide new organization structure.

OS 065 Exceptions

§2103 October 2005 Storage ofVolatiJe Revises rule references after department reorganization to reflect

LR 31:2431 Organic Compounds new organization structure.

OS 065 I

2
SUMMARY OF RULES PROMULGATED IN 2005

Louisiana ......

. Register

.'. LAC33:III Citation Description . .....•. . Comments.'., '.' .: ....

§2108 October 2005 Marine Vapor Revises rule references after department reorganization to reflect

LR 31:2431 Recovery new organization structure.

OS 065

§2113 October 2005 Control of Emissions Revises rule references after department reorganization to reflect

LR 31:2431 of Organic new organization structure.

OS 065 Compounds

Housekeeping

§2116 October 2005 Glycol Reboilers Revises rule references after department reorganization to reflect

LR 31:2431 new organization structure.

OS 065

§2121 October 2005 Fugitive Emission Revises rule references after department reorganization to reflect

LR 31:2431 Control new organization structure.

OS 065

§2122 October 2005 Fugitive Emission Revises rule references after department reorganization to reflect

LR31:2431 Control for Ozone new organization structure.

OS 065 Nonattainment Areas

and Specified

Parishes

§2123 October 2005 Organic Solvents Revises rule references after department reorganization to reflect

LR 31:2431 new organization structure.

OS 065

§2132 October 2005 Stage II Vapor Revises rule references after department reorganization to reflect

LR 31:2431 Recovery Systems for new organization structure.

OS 065 Control of Vehicular

Refueling Emissions

at Gasoline

Dispensing Facilities

§2153 October 2005 Limiting Volatile Revises rule references after department reorganization to reflect

LR 31:2431 Organic Compound new organization structure.

OS 065 Emissions from

Industrial Wastewater

§2201 October 2005 Control of Emissions Revises rule references after department reorganization to reflect

LR 31:2431 of Nitrogen Oxides new organization structure.

OS 065

§2301 October 2005 Control ofEmissions Revises rule references after department reorganization to reflect

LR31:2431 from the Chemical new organization structure.

OS 065 Woodpulping

Industry

§2303 October 2005 Standards for Revises rule references after department reorganization to reflect

LR31:2431 Horizontal Stud new organization structure.

OS 065 Soderburg Primary

Aluminum Plants and

I Prebake Primary

Aluminum Plants

§2307 October 2005 Emission Standards Revises rule references after department reorganization to reflect

LR 31:2431 for the Nitric Acid new organization structure.

OS 065 Industry

3
AQ244

InsignificantActivities List

LAC 33:111.501

Appendix A
NOTICE OF INTENT

Department of Environmental Quality

Office of Environmental Assessment

1nsignificant Activities List

(LAC 33:1II.501)(AQ244)

Under the authority of the Environmental Quality Act,

R.S. 30:2001 et seq., and in ;>ccordance 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 amcnd the Air regulations, LAC 33:Jr1.501 (Log

#AQ244).

This Rule revision corrects contradictory language

regarding "insignificant activities" that do not need a permit.

LAC 33:JrI.50I.B.5 states in part, "Any activity for which a

state or federal applicable requirement applies is not

insignificant, even if the activity meets the criteria below."

However, Part 0 of the Insignificant Activities List table

allows for an exemption if "no enforceable pennit conditions

are necessary to ensure compliance with any applicable

requirement." Based on the existing list of insignificant

sources, it was determined that the language in Part D of the

table more accurately reflects the intent of the list. For

example, the first entry in the table (A.I) is external

combustion equipment with a design rate greater than or

equal to I million Btu per hour (MM Btulhr), but less than or

equal to 10 MM Btulhr. Small gas-fired heaters typically fall

into this category. Such equipment would be subject to the

opacity provisions of LAC 33:III.1IOI.B and the particulate

limitations of LAC 33:111.1 313.C; however, enforceable

permit conditions (e.g., restrictions on fuel use or hours of

operation) are not necessary to ensure compliance with these

requirements. The basis and rationale for this proposed rule

are to correct contradictory language in the Insignificant

Activities List.

This proposed Rule meets an exception listed in R.S.

30:2019(D)(2) and R.S. 49:953(GX3); therefore, no report

regarding environmentallhealth 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 III. Air

Chapter 5. Permit Procedures

§501. Scope and Applicability

A. - BA.b.

5. Insignificant Activities List. Those activities listed

in the following table are approved by the permitting

authority as insignificant on the basis of size, emission or

production rate, or type of pollutant. By such listing, the

permitting authority exempts certain sources or types of

sources from the requirement to obtain a permit under this

Chapter unless it is determined by the permitting authority

on a site-specific basis that any such exemption is not

appropriate. The listing of any activity or emission unit as

insignificant does not authorize the maintenance of a

nuisance or a danger to public health or safety. Any activity

for which a federal applicable requirement applies is not

insignificant, even if the activity meets the criteria below.

For the purpose of permitting requirements under LAC

Louisiana Register Vol. 31, NO.2 February 20, 2005 564

4

33:111.507. no exemption listed in the following table shall

become effective until approved by the administrator in

accordance with 40 CFR Part 70. For purposes of the

insignificant activities listed in this Paragraph. aggregale

emissions shall mean the total emissions from a particular

insignificant activity or group of similar insignificant

activities (e.g., A.I, A.2, etc.) within a permit per year.

lnsllmificaot Activities List ... [See Pnor Text in A. - 8.31]

32. generators, lxlilers, or other fuel buming equipment that is of equal or smaller capacll)' than Ihe primary operaling unIt. that cannot be used on conjunction Wilh the pnmary operating unit Iext'cpt for short

dumtions when shuning down the primary operating Unit (maximum

of 24 hours) and when staning up the primary operating unit until it

rcaches steady-state operation (maximum of 7Z hours)1. and thai does

not increase emissions of or the potential to emil any regulated air

POliutanl; ... [See Prior Text on B33 - C.5]

D. EHmptil,ns Based 00 Emissions Levels

The owner or operator of any source may apply for an exemptIon from

the pennining requiremeDls of this Chapter for any emiSSIOns umt

provided each of the following criteria are mel. At'llVlties or emIssions

UnIrs exempt as insignificant based on these criteria shall be Included in

the pcnnit at the next renewal or permit modification. as appropriate a. The emissions Unit emits and has the potential 10 emit no more than five tons per year of any regulated pollutanl.

b The emIssions unit emits and has the polentlal to emit less than

the minimum emission rate listed In LAC 33:1115112, Tablt' 51 I. for

each Louis..na toxic air pollutant c. The emissions Unit emits and has the pOlential to emit less than

the de minIm,s rale established pursuant to Section 112(g) of the

federal Clean Air Act for each ha7.ardous air pollutant.

d. No new federally enforceable limitations Or pennil conditions are necessarv to ensure compliance with any applicable reQuirement.

I State or federal regulations may apply

B.6 - C.IO.

AUTHORlTY NOTE: Promulgated in accordance with R.S.

30:20II and 2054.

HISTORlCAL 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

Department of Environmental Quality, Office of Air Quality and

Radiation Protection, Air Quality Division, LR 16: 613 (July 1990).

LR 17:478 (May 1991), LR 19:1420 (November 1993), LR

20:1281 (November 1994), LR 20:1375 (December 1994), LR

23:1677 (December 1997), amended by the OOicc ofthe Secretary,

LR 25:660 (April 1999). amended by the Office of Environmental

Assessment, Environmental Planning Division, LR 26:2445

(November 2000), LR 28:997 (May 2002). amended by the Office

or Environmental Assessment. LR 31:

A public hearing will be held on March 29, 2004, at 1:30

p.m. in the Galvez Building, Oliver Pollock Conference

Room CIII, 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) 2]9-3550. Free parking is

available across the street in the Galvez parking garage when

the parking ticket is validated by department personnel at the

hearing.

All interested persons are invited to submit written

comments on the proposed regulation. Persons commenting

should reference this proposed regulation by AQ244. Such

comments must be received no later than April 5, 2005, at
NOTICE OF INTENT

De rtment of Environmental QuaJit);

Orne f Environmental Assessme

Medical Eve Occurring from -Rays

(LAC 33:XV.l02, 61 615,915, 917)(RP038)

misadministration of X-rays to human beings in the healin

arts. LAC 33:XY.613 and 915 are being added to mirror t e

changes adopted for radioactive materials in L C

33:XV.712, for notifications of medical events involvin the

use of X-rays. LAC 33:XY.615 and 917 are being add d to

mirror the'changes adopted for radioactive materials in AC

33:XV.710, for notifications for embryos/fetuses of dical

events involving the use of X-rays. In June 20 4, the

department adopted new regulations for medical use of

radioactive materials in order to mirror the ne federal

regulations. The definition for misadministr ion was

eliminated and a new definition for medical vent was

adopted. The new definition was taken verbati from the

NRC rule, which does not include misad inistrations

occurring from X.rays. The department regul es diagnostic

X-ray energies and linear accelerato 5 in LAC

33:XV.Chapters 6' and 9, while the N C does nol.

Additionally, new federal reporting require ents were also

adopted regarding 40se to an embryo/fi tus. These new

requirements need to., be adopted with re ard to X-rays as

well, for both diagnosnc and therapeutic -ray energies. The

basis and rationale for)his rule are to odifY the adopted

federal regulation d(\finition of edical event for

misadministrations of radioactive m terial and reporting

requirements for a dose to an emb o/fetus to include not

only radioactive material ~ut also ray radiation, which is

not regulated by the NRC b~t is reg ated by the department.

This proposed Rule rne~ts an xception listed in R.S.

30:2019(0)(2) and R.S. 49:953( )(3); therefore, no report

regarding enVironmental/health b nefits and social/economic

costs is required. This proposQ Rule has no known impact

on family formation, stability, d autonomy as described in

R.S.49:972.

Tit e jJ

ENVIRONME TAt.. QUALITY

Part XV. Ra iatiort Protection

Chapter I. General P ovision$

§I02. . Definitions and bbrevia~ons

As used in these r gulations, these tcnns have the

definitions set forth bel w. AdditionJ! definitions used only

in a certain chapter rna be found in th~t chaptcr.

*• * \

Medical Event' event that meet~the criteria in LAC

33:XY.613.A.712. or915.A. .,

*** \

AUTHORITY N E: Promulgated in ac~rdance with R.S.

30:2001 et seq. .\

HISTORICAL OTE: Promulgated by the Department of

Environmental alil)'. Nuclear Energy Divi 'on, LR 13:569

(October 1987), ended by Office of Air Quali and Radiation

Protection, Ration Protection Division. LR 18:34 (January

1992), LR 19: il2! (November 1993), LR 20:650 (une 1994), LR

22:967 (Oct ber \996). LR 24:2089 (Nov ber 1998),

repromulgate LR 24:2242 (December 1998). am nded by the

Office of nvironmental Assessment, Environmen al Planning

Division, 26:2563 (November 2000), LR 26:276 (December

2000), L 30: II?\, I!88 (Ju~e 2004), amended by II. Office of

Environ ntal Assessment, LR 31 :44 (January 2005), L 31:

Chapt 6. X-Rays in the Healing Arts

§6J3. Notifications, Reports, and Records of M dieal

Events

A. A registrant shall report any medical event, exc pt for

an ent that results from patient intervention, in whi the

Robert E, Hosse

General Government Section Director

Legislative Fiscal Office

Wilbert F. Jordan, Jr.

Assistant Secretary

FISCAL AND ECONOMIC IMPACT STATEMENT

FOR ADMINISTRATIVE RULES

RULE TITLE: Insignificant Activities List

4:30 p.m., and should be sent to Judith A. Schuennan, PhD.,

Office of Environmental Assessment, Regulation

Development Section, Box 4314, Baton Rouge, LA 7082 1-

4314 or to fax (225) 219-3582 or bye-mail to

judith.schucrman@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 AQ244. This regulation

is available on the Internet at http://wwv.'.deq.louisiana.gov/

planning/regs/index.htm.

This proposed regulation is available for inspection at the

foHowing DEQ office locations from 8 a.m. until 4:30 p.m.:

602 N. Fifth Street, Baton Rouge, LA 70802; J823 Highway

546, West Monroe, LA 71292; State Office Building, 1525

Fairfield Avenue, Shreveport, LA 71101; 1301 GadwaH

Street, Lake Charles, LA 706 15; 201 Evans Road, Building

4, Suite 420, New Orleans, LA 70123; III New Center

Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport,

LA 70374

I. ESTIMATED IMPLEMENfATION COSTS (SAVINGS) TO

ST1TE OR LOCAL GOVERNMENr UNITS (Surrunary)

There will be no coslS or savings to state or local

governmental units as a result ofthis rule.

n. ESllMATED EFFECT ON REVENUE COlLECDONS OF STATE

OR LOCAL GOVERNMENTAL UNffS (Summary)

There will be no effect on revenue collections of stale or

local governmental units.

Ill. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO

DIREcrLY AFFECTED PERSONS OR NONGOYERNMI:."NTAL

GROUPS (Sununary)

There will be no costs andlor economic benefits 10 directly

affected persons or non-governmental groups.

N. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT

(Surrunary)

There will be no effect on competition; no effect on

employment in the public and private sectors will be realized.

Wilbert F, Jordan, Jr.

Assistant Secretary

0502#057

Under the authority of the tronmental Quality Act,

R.S. 30:2001 et seq., and in ac r ce with the provisions

ofthe Administrative Proced e Act, R. 49:950 et seq., the

secretary gives notice that lemaking pro dures have been

initiated to amend the aiation Protection re lations, LAC

33:XY.I02, 613,615 15, and 917 (Log ftRP038 .

This Rule adds ew sections to the radiation re ations

for medical ents occurring as a result 0 the

565

5

Louisiana RlYJisrer Vol. 31, NO.2 February 20. 2005
[=~~Y RECEIVED

CEI~ PRESS ~?>\'\\()< Publisher of

THE ADVOCATE

FEB 2 5 n."'''''!')

IOEO/OSEe/LAD

REGULA TlO~ DEVELOPMENT SE~'..:..:.;TIO::.:.:N----l

PROOF OF PUBLICATION

3019574

6

Clerk

LA 70821-4314

02115/05

b

Commission Expires: rnde

Baton Rouge, Louisiana

Sus an A. Bush,

Sworn and subscribed before me by the

person whose signature appears above:

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 Pari sh of East Baton Rouge.

in the following issues:

DEQ - REGULATION

PO BOX 4314

BATON ROUGE
•

Ie

=

Publisher of

LEGAL AD DEPT.

NOTARYPU

Published in Monroe, Louisiana.

THE NEWS-STAR

MONROE, LOUISIANA

PROOF OF PUBLICATION

The hereto attached advertisement

Parish of Ouachita in the issues of:

Was published in the NEWS-STAR.

Sworn and subscribed before me by

7

A daily newspaper of general circulation.

FEB 1 0 2D05

RECEIVED

LDEQ/OSFCilAD

REGULATION lJEVUOPM[m SECTION

The person whose signature appears above in Monroe, LA on this

. NonCE OF INTENT .

DepartmenlofEnvjronmental .' Ouality.

OHice 01 Envin>nmental Assossment

In~i~ificaritActlvrtjesList (LAC 33;/11.5011 (AQ244) i

Underth~ auth~'~'Of tha Envi- ronmental .. Quality Act. R.S.·

30:2001 et seq.•. and in accordancewith th~_provision$ of the! Administrative Procedura Act,

R.S. 49:950 ot seq.; .the seCretary !

give:. notice \hat rulemaking pro- cedures ,have' been jnilial9d 10. emend the. Air regulalions. LAC:' 33;111.501 {Log ¥A0244}.. '. I This rule revision- COr1"9ctS con- .tradJetory language.' rsgerding

"'nsignificant activrtios· that do nol' need . a' permit. LAC 33;111,501.8.5' slates in pert, "Any I

°actlvrty for whrch ,a state or fed- ,

erel applicable requirement ap- I

plies is, r:'0t insignificant. eyen n tho actlVijy m"",1s the cnlenab..... I

I low:' However, Part D· 01 the In- I

· significant' Activities List table allows for M eX&lT1ptlon it "no enfarcea.ble perTTlll C:6nditians are necessary. to ensure. comp~-

~~~~1t... "B'l:.;rg~c~~':.{~= inglislaf ins'g<1ificarrtsooICell. it ",es determined lhal the lan- , gU8g... in Par:! 0 aLlhe/able. , more' eccurately' ...necm the in- ; lenl of thiflist. For exemple,tho 'first entry in the I8b~ (A.l) Ie eo· · ternal: .combusllonequtpment

:with a: design rale .greater tllan,

I

,or."'luella f million.8hl Po< h",,",

.lMM Btulhrj,'but ,Ies;, than "" "equaf to 10,MM.BtuIh.r,· Sm8U

',Jlas~fi~ heat"" .~lcaIlY fall

•~~tln:.,e::J,~rySUbj.,g> ~Utl~; opacity :pmvision$ 01 LAC 33:111,1101.6 aridlhe ·partlculat. ·Iimitahone.al LAC·33:1I1.1313.C;

however, 'enlof08abl" .permi, Conditions,' (e.!l'.·l'8!'lrii;tiona, O(l hie, use orh04~ :o("operelionj

::n ~~~~;:..~~~ '~~~ menfs.· .The basis and ·rational..

fo,tt1is proposed ""e are 10 cor- rect' contradlclary. langua9" in the InSignificant Ac1ivibes List.

· This 'proposed' rule' meel& ali'

3~~~J1tb~g)\2) liS~edandin . ~t 49;953(0)(:1; the""are, no'report

ro9arO,ng envirtlnm"ntal/h&altl> beneflls' and social/economic 0691& .is required. 'This'proposed rule has: no ~nown impael. an family fannatlon, 'slabifity., end,

autonomy as described In R.S, 411:972. ", ..

A 'public hearing Will be held an

Man:h 29, 2004. sf 1:30 p.m. if!

~kG3~.:e~n~()~'::-~f,t 602 N. FiItJ\ S1rvet. Baton Roogo.

,

. LA 70802. Int",...tod per-.ons are invited to attend and submit oral 'comments . On .the proposed

amend,ments. Sh'()IJld Individuals 'with .a disability neOO.an acC~~6d~~~~a~t~~j'~~t'h!1!~: . ~huerman, ·Ph.D.;· at 'I>e:·ad219-3560

dress given··below .. Free parking:is or at

availa-

'(225) ,IJ_ j;1/J1 d bl. aeros. the slre..t in' the T V

Galve>: parlcin~ garilge wtlen the ~_-..:~____ '- day 0 f _---'~"'_L_~""_..:.;;;:::...:.........:::'-- M ~___ 20 _....lC/::::..:::,,~-'- _ AD

parl<in; ticket.s valldatad by de:- p;>rImenl personnel at the hoar-

'~i int~rested ~~Ons invit~ !td 'to-submit ·wnt1en comments . on the proposed regulation. PerI

sons c:ommenti',ng S,hould refer·

~~~;~~~~me"ril~'~::'s7g~ Pt;~••~~~t~'f~~~itI'~b~e.' ~t received nO'later than April 5, ,~i;{{C£~=aoOWDI

~;';nf\04J~d p.mA~. Scan[!u'"Srmhaa"nld, -rIii 0 d Ial1 i

Ph.O.,:OHice':1l Envi';;"mental av"':l~br..l'l)for"t:.$~ ~~th:

~~r'~i:...~~t~~;.P,&J:::~~~n~m~~~tllO~if ~~~li~~ on. Rouge, LA. 708214314 or to ~~~1W~i~'t·~?~~ :~ 1225/ ?'9-3582 or b ,,,:,mail MOnroe. LA 71292; Stale OHioe

Copies ofthis prorx; regu a- BUilding: 1S25 FaiifJflld Avariue; I

:~~:~,,~o%'b1:::g~ ~:c~~~;:r.~~':"LaJ,,1~~~~,3tt Center at (225) 219,-3168. Check .70615,; 201 E,van".Ra,ad, Building. or money order ia required in od- 4. Suite. 420,'. New Orleans,' LA, vonce for each copy ~. 11,0244. 10123; "ll ·New·Canler ·Drtve, lafayette. 'LA 10508; 110 Ba"'taria Sl.....t;· Lockport. LA. 70374. .' ' .

',' .... W.llb,·ert F. ,J,ordan. Jr'j' . .' " Auistant secretary

Mon~, LA . . -: .' F~bl\Jll!'j 20. 2005 . . .

•
RECEI\i"ED

FEB 2 1 2005

L[)fO"OSfT,'IMl

REGULAliUN Ut'If ~~.H"'Ill:j I ':iLCTION

221 JEFFERSON STREET

LAFAYETTE, LA 70501

[CERTIFIED COpy ~.,( Aca~ana's Daily Newspaper ~yj

THE ADVERTISER

PHONE: (337) 2B9-6300

FAX: (337) 2B9-6466

AFFIDAVIT OF PUBLICATION

L-DEQRDS

07530104

S90.00

15

Remender D. Weatherspoon

Department of Environmental Quality

DEA/EPO/Regulation Development Section

P. D. Box 4314

Baton Rouge, LA 70821-4314

Account No.:

Ad Number:

Ad Total:

Ad Inches:

Reference No.: "IN ORoeR to insu"~ prQPe1' credit please refer to 'four .ccourrt numtMN' and/ot" ild nvmber when making pittmen1'.

I, ROSE PENFOLD, do solemnly swear that I am the LEGAL CLERK of TH E 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 Environmental Assessment

Insignificant Activjties List

(LAC 33:111.501) (AQ244)

was published in THE ADVERTISER on the following dates:

*Monday, February 14, 2005

Legal Clerk

Sworn to and subscribed before me this 14 th day of February, 2005.

ljy\~ (j I j'?l 7

NOTAR PUBLIC

Monica Lafleur 13817

8
01.SJ0104

NOTICE OF INTENT

Depa rtment of

Envlronmen"'li QU"lity Office of

Environmental.

Assessment·

r' ....... (~-4.~.

9

bUlly n,,1td an' accom-

· modatlon' In order to participate, contact

Jualt/l' A. S.chuerman.

_.P/I•.D.;.at" .tf1lI,·i!dcress c'.

given balow or a~(225l'"

·ZI9.-;JS5C'· Free"parklng

· is available across tn.

street In the. Galvez

parking. garage when

th" parking tlck"t Is· validated by depart.. m..nt personnel at tlie

hearing.

.~~ ~~~er~~t:l~eaper~ subm It written eom· ments on the propoS&Cl.. regu/atlon.. · Pel':lQns

commenting Should reference this' pro-, posed r"!lulitllon by

AQ244. Such com- ments must be' reo

·celved no later than April· 5, Z005, at' 4:30· p.m.,. and Should be

sent Ie> Judith A. Schuerman, Ph.D., Of· flce of Environmental Assessment, Regula- tlDfl Developmenl ..Sec· lion. ,Box 4314, Baton Rouge, LA. 70821-4314

Dr to FAX (225) 219-

3581 Dr bye-mall to lu. dlth.schuerman@la.go

V. CoPies of this .pro- POsed regUlation can be purchased by con- lacling the CEQ Pub- I1c Records Center ar (225) ZI9·3168. Ch~k.

or money order is reo. QUlred In allvance tor each, copy of AQ244. This. regulation is available On the Inter- ne.t at hltp://www.deq.

loulslan".gov/plannlng

IregY In!leX.htm,

This prOPOSed regUla- .

lion Is available for In- spectIon at Ilia follow-

. ing CEQ office loca· tlons from 8 a.m. until 4:30 p.m.: 602' N. Filth Street, ,B.atoM Rouge, LA 10802; 1823 Highway 546; W..st Monroe, LA 71292; 51ate Office

au/laing, '1525 FaIr· fie.;tj -Avenue... Shreve- port. LA. 11lD1: 1301 Gadwall St"""f, Lake Charles, LA '10615, 20J E;vans Road, Building.

4, Suite' 420. New Or·

leans, LA 10123; 111 New Center Drive, Lafaye"... LA 10508; no Barataria Street,

Lockport, LA 10314. Wilbert F. Jordan, Jr.

AssIstant S""retary

In.ignlflcan' "'ethi~tfesI l/sft,

(LAC 33:11'1.501)

•.•.01.AQ2....)

tJntler the authority

of. the Envlronmenta' Qua/lty . Act. R.S. 30:2oo'l',,~ 5&<I.,,,nd in accordance with the provisions' of the Ad- ministrative Proce-- dure Act, R. S. 4'1;950 et seq.,' the secretary

gives notice Ihat rulemaking procedures have lI....n Initiated to

amend the Air regula' tlons. LAC 33\1 11.501

(Log #"10244).

. ThiS rUle revision

corrects' contradictory "anouage . regarding

'Insignificant actlvl· ties' that do not need " permit. LAC 33:1I1.501.B.5 ·.tates In part, 'Any acllvlty for

whlclla state or feder· al applicable require· ment appll.es is not in,

slgnilicant. even If the activity meets the cri· re-rla below," H0I0Y8V·

er; pan D' of me Insig- nificant Activities List

table allows for an ex'

. emptlon If 'no ";'forceable permll conditions are .necessary to en· sure compHance wIth

~~rrem:~llca~~~ed~e~.

the existing list of in- slgnlllcant . sources. It

was Cletermln..a tllat the language'ln Part 0

of the table more ac' curately reflects thee

. Intent of the list.. For

""ample, th" first en- try In the tabte (A. 1)

Is e"ternal com bustlon equIpment with a de-' sign rat" greater thall'

. Dr equar to 1 mlilion.'

Btu ,per hour (MM

Btu/hr>. but less than Dr equal to 10 MM BtU/hr.. , Small, gasfired heaters tYpically fall Intl> thiS.category.

Such' equIpment 'ooIIOuld b& sublectto the opacity provIsions of LAC 33:1I1.1101.B and the. particulat" limitations of LAC 33:ill.1313.C;

however, enforceable

permIt '. cona'tlons (e.g.; reslrlctlons on

fuel'uSll. Dr hours of op- eration) arlt not neces· sary to ensu,e compll· ance with these reo quln'lments. The basis and ratIonale for this proposed rUle are to correct cdntradlctory

~~n~~~~~~vm~I~~~t This propoS&Cl rUI" meet. an exception' listed In R.S.

3O:2019{D)(Z) ana R.S.

49:953(G)(J); '. therefore, no report ragardIng envlronmentall health beneffts ana 50' clal/ecOllomic costs Is required. This pr0-

posed rufe has no known impact on faml· Iy tormatlon. stability, and autonomy as Ce' scribed In R.S. 49:912.

beA ,f..~~"~h~~I;c~ ~~. 2004, at 1:30 p.m. in· ·the Galvez. Bullalno.·

~~~,,:rR~~,\c~,ft~nf;:i .'

/II. ;,Flfth Street, Baton Rouge, LA 70802; In- terested' persons are

InVited '0 aft~d and,

submit ofal commenls on , the . proposed

amendments. Should Individuals with a dTsa·
-----_..-

FEB ,-

u

3800 BOWARD AVENUL, NEW OR.LEANS, LOUISIANA 70140-1097 TIL b>HlIlNE (504) 826-3206

Advertisement of Dept. of Environmental Quality

P.O. BOX 4314

Baton Rouge, La. 70821-4313

IDH1/Q<;f""/I,Il...,O'--__

REGUlAfiON UEVElOPM[ ~T SECTION

My commission e~pires ~ll my death.

Charles A.. Ferguson, Jr.

Notary identifIcation Dumber 23492

February 12, 2005

Was published in The Times Picayune

10

On the following dates

State of Louisiana

Parish of Orleans

City of New Orleans

Personally appeared before me, a Notary in and for the

parish ofOrlesns., 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 th~ City

of New Orleans and the State of Louisiana, and that the

attachec:LEGAL NOTICE

RE:Notice ofIntent Insignificant activities list (lac 33:

III.501 (AQ244)

14th----
[ CERTIFIED COPY]~~,,\,.(

Affidavit of Publicati n

RECEIVED

FEB 2 1 2005

lDEQJOSfC.'LAO

REGULATlON llEVELGPMI:.N i s"cnON

1910087~ ~~~otary Public

LA DEPT OF ENVIRONMENTAL QUALITY Gwendolyn R. DugaE

#056523

Be;re me the undersigned authority, personally came and appeared

(/f)i 1nn /) {),cwt~\I w~ng~o\..J.-oepJ~n(jsays: \

Duly Authorized Agent

Subscribed and sworn to before me on this 18th day of February, 200S at

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

dated:

00143104 - $48.00

February 18,2005

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)

STATE OF LOUISIANA

Parish of Calcasieu Tnls proposed ,rule has

no known imoact on famlty formation. stabilitv. and autonomy as ,describe.d 1'1 R.S. 49: 9n. A public heoring will

be held on Morch 29,

2004; at 1:30 p.m. in 1he

Galvez Building, Oliver

Pollock, Conference

RaomC1l1. 602'N, Fifth

Street, flaton Rouge, LA

70802,' ,I ntltrested. per·

sons are' invited .. to at-,

tend and submit oral

comments on ,nil' ara·

posed amendments,.

Should individuals wHh

a dIsability need" an ac- commoclallon. in order to POrtlc1P<lte; contact Ju- . dUh, A;, Schuerman,·,

, Ph" 0-•• oithe:: odd ress· glven' below or at CllS}

219-3550., Free "ark.inll

is, available ocrosS tlte

slreltl In IhO' GC1lyer

parkin" "orClge when

the porkinll ,Iicket is

vollda1ed by depart· ment personnel atthe

hearinll.

Ali Interested peosons are Invlted,to.subm(t

wrllten comment,. on, the,proPOSed' regUlation.

Persons commenting

should ,~,&ference"'''is,

proposed regu latlon by ,

AQ244, Such commenh

mu,.t 'be recel,~'ed no

loter,than Ap,rll, Sf 2005, at .t:30 p.m" and should.

be sent to JudHh A. , SChuermarl', Ph'. D., Of.

fice ,of EnV>lronmental

Assessment, Regulotlan

Development Section,

Box 4314, Baton", Rouge.

LA 70821-4314:0('\0 FAX

(225r.219-1582 aC"bY

e.moll to iUdlth.schuermOli@la:Qov,' Copies at this proPOsed regulation con be purchase~bY

contacting the 'OEQ

Public Records Center at (225) 219-3108. Check

or,money arder is ,re-,

<wired in advance tor each copy, Of ·AQ244. This

regulation [s ovalloble

On the, 'In1ernet ',at

http://WWW.deo.ioulsi· • ona.gov/plannin9lregs/

Index.Ill"'., " ,

This "roposed rellula·

flon'is avallable,for InsPectlon,at the tollowlng

D EQ 'o/f.Tce locations

tromS'o',m. until 4.':30

P.m.: 602 N. Fifth

Street. Baton RO!Jge, LA 70802; 1823 HIgnwoy 5<16,

West Manroe. LA 71292;

State OflIce Buildlnll,

1525 FaIrfIeld Avenue,

Shreveport, LA 71.1 01;

1301 Godwall Street.

Lake. Charles, LA 10615;

201 E.vons Road'; Build.. \"9 4. Suite 42\). ,New Or·

leons. LA 70123; 111 New'

Center Drive, Lafayette.

LA 70508; 110 Barataria

Streel, Lockport, LA

70374, ' '

Wilbert F. Jordon, Jr.

Assistant secretary . Febr\Iory 18 n, ool-Cllo.t

NOTice Of l'nEN,T

Department of Environmental Quality, Of·

flce 01 Environmental

Assessment, I nslgnlfi- cant Activities, List

(LAC . 33:/11.501)

(AQ244) ,

Under the'outhority of

the, Environmental

Qualltv Act, R,S. 30,2001 et sect_, and in ·occor· dance with the provi·

slons of the Administra·

tive procedure Act, R.S.

49:950 et seq;. the secre-: tary gives' notice that

rulemaklnG procedures! hove bean"lnltlated'l'o;

omenlt the Alr'regulo.

tions', LAC 33:111:501

(Log JltAQ244).' '

This' rule revision cor' rects contradictory'language regarding 'Insig· . nillcant'actlvitles' that

dO not need a permit:'

LAC 33:1-I1.501.B.5 states in port, 'Any' lic';

tivity for which a state' or tederal applic.able reQuirement al>plles, Is not insignificant, even if the·

octivity meets the' crIteria below." However,

Part 0 'of the Inslgnlflcant'Activities List table

oHows for an 'exemption'

if 'no 'enforceable permit

conditions areneces- sary to ensure compli- ance with any oPpllca~

ble reaulrement.·.. Based on the eXisting list of in·

significant saurces. it was determined that the

lo'nguage in Part D of

the table m'ore accu'

rately'reflects the intem

of the list. For example, ' the tirst entry In the to· ble tA." is,external

comtlUstlon equipment'

with 0 oesi"gn rate grea1er than'or e<lva,1 to' 1 million'Btu'perHovr

(MM Btu/hr). but less

than or ItQual to 10 MM

Btu/hr. Small'gas·fired.

h,eoterS',tYDicallY fall\' into this cotegary. Such

equ1pment would be subiect to the oPacity provl·

sions' " of LAC

33:III.ll01.B olfel ,the',

partiCUlate limitations

Of LAC 33:111.1313.C:

however, enforceable:

permit conditions (e.g.,

restricllons on fuel use; or hours of operation) i are not necessary to en- ' sure: comptlance with these 'requirements.

The basIs one! rationale

for this proposed .rule, are to correct contradlc'

tOry language in' the In·

significant, Activities

List. ," ' ThIS proposed rvle meets an exception

listed in R.S.

30:2019{O){2) and.R.S.1

49:953IG){3): therefore,. no report regarding en~'

vironmentaiftlealth

benefits and soclolleca- nomic costs Is reauired.

11
NOTICE OF INTENT

Dapanmcnl 01 Envlfonmantal Quailly

OMice 01 EnVlfonmental

Assessment

Insignificant Activities

List

(LAC 33:111501) (AQ244)

'c~Ei{l~IFIED COpy ~~t\nS

rmimes

RECEIVED

FEB 2 1 2005

..Under the authority or

the Environmenral Quality Act. R.S 30:2001 1.11

seq, and in accordance

wllh the provISIOns of lhe

Administrative Procedure Act. R.S. 49:950 1.11

seq" the secretary gi""s

nolice thai rulemat"ng

proclldures have been

I",haled 10 amend the Ait

regulallons, LAC

33:111.501 ILog #AQ244).

PROOF OF PUBLICATIO

STATE OF LOUISIANA

PARISH OF CADDO

lDEQ/OSfr:/l AD

REGULATION DEVELOPMENT SECTION

February 14, 2005

Before me, the undersigned authority, personally came and appeared

Sworn to and subscribed before me this 14th day of February 2005

personally known to me,

(Signed)

NOTICE OF INTENT Department of Environmental Quality Office of

Environmental Assessment Insignificant Activities List

(LAC 33:IR501) (AQ244)

"'ANA W. BARBER, NOTARY PUBLIC' 60491

CADOO PARISH, LOUISIANA

MY COMMISSION IS FOR LIFE

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

Classified Advertising Manager ofThe Times, and that the attached

Advertisement entitled:

.Altheas Critton,

--rko Ao,. l5t 1rxuDAL

(Notary)

.This rule revision cor·

recls contradictory language re9"rding

"insignificant activrhesli

thaI do not need a permil LAC 33:1/1.5018.5

slales in pan, "Any aClivltV lor which a state or

lederal applicable reqUifernenl app~es IS not

Insignificant, even if the

activily meets the criteria

below." However. Pan

o 01 the InsignIficant Ac-

(1Vltles Ust lable allows

for an exemption it "no

enforceable permit conditions are necessary to

ensure complrance with

any applicable

requirement: Based on

fhe ex'stlng lis! Of insignificant sources. il was

determined thaI the Ian·

guage in Pan D of the

lable more accuralely relleets the intent 01 the

Irsl. For example. Ihe

fitst entry in the table

IA.1) is exlemal combustion equipment with a design rate greater than

or equal 10 1 million Blu

per hour (MM BtU/hr),

but I6SS than or equal to

10 MM Btu/hr Small'

gas-fired healers typically fall inlo thIS categolY.

Such equipment WOIJld

be subtect to Ihe opaci1y

proviSIOns of LAC

33:III.lI01.B and the

partlCUlale Iim,tations 01

LAC 33:1I1.1313.C; ho""

ever. enlorceal>1e pet1'T'lil

conditio"s (e.g.. 'estricI'o"s on luel use or hours 01 operation) are

"ot necessaIY to ensure compliance with these

reqUirements. The basis

and rationale lot this

proposed rule are to correcl co"lradidolY language in Ihe '''SIgnificant

Activities List

..This proposed rule

meels an excephon IISIed in R.S. 30:2Q19(D)(2}

and R.S. 49953(G)(3);

therelofB, no report re- .

garding

environmenlallheallh

benetlts and

soc,alleconom,c costs is

requlfed. This proposed

rule has no known im·

pac! on family lonnation.

stability. and autonomy

as described In R.S.

49:972.
\.

13

..A pUbhe hearing will be

held on March 29, 2004,

at 1:30 p.m. in the

Galvez BUIlding, Oliver

Pollocl< Conrerence

Room Clll, 602 N. Fifth

Street, Balon Rouge, LA

70802. Interasted persons are inYlted 10 al·

tend and submIt oral

C01nm&nls on the pro,

posed amendments,

Should individuals wdha

disability need an ac· cDmmodatlDn in order 10

participate. contact Judith A. Schuerman,

Ph.D.. at the address

given belDW or at (225)

219·3550, Free parl<ing

is ayailable across the

street in Ihe Galyez

pal1<lng garage when the

pal1<;ng ticket is Yalidated by department per·

sonnal at the hearing.

..All inte«lSted persons:

are invtloo 10 sUbm~ wmlen comments Dn the:

proposed regulation,:

Persons commenting:

shoukl reference this'

proposed regulation by

AQ244, Such comm9llts

must be received no laler than April S. 2005, at

4:30 p.m., and should be

sent to Judith A.:

Schuennan, PlI, D., 01·

lice 01 Enyironmental Assessment, Regulation

Deyelopment Seclion.

BDX 4314. Baton RDuge,

LA 70821·4314 Of to

FAX (225) 219·3582 Dr

bye-mail 10

ludilh.SChuerman@la.go

Y. Copies of this proposed reguletion can be

.

purchased by CDntacting I'

Ihe DEQ Public Records,

Cenler at (225) 219- ,:

3168. Check Dr money,'

ordet is required in ad-\

vance tDr each copy of

AQ244. Ths regulation

is ayailable on the tnternet 'at

hnp-.J/www.deQ.lolllsiana.

goy/planning/regs/,

index.htm•

..This proposed regulation is ayaiiabie [or inspection at the toIlowing

DEQ office locatlDns

Iro<o8 a.m. unl~ 4:30

p.m.: 602 N. Filth

Street, Balon Rouge, lA.

70802; 1823 Highway

546 West Monroe, LA

71292: State Office

Building, 1525 Fairfield

Ayenue, Shreveport, lA

71101; 130t Gadwall

Slreet, lake Charles. LA

70615; 201 EyarTs Road.

Building 4. Suds 420.

New Orleans. LA 70123;

11\ New Cenler Drive•.

lafayette. LA 70508: 1!O Baratana Street,.

lockport. LA 70374,

..Wi1berl F. Jordan. Jr.

.. Assistant Sec'elary

The Times:

February 14, 2005
RECEIVED

(CERTIFIED COpy J~\1\ro

AFFIDAVIT OF PUBLICATIO LDEQlOSEC/lAD ..

REGULATION DEVtLOPMf:~_~2E('T!0N

( A COITect Copy of Publication)

NOTICE OF INTENT.

De.,ai1Tnl1nr of

Environmental Quality Office of Envirool"l1oefltaF Assess.ment .

Insignificant Activities 'Ust (LAC 33:111.5011 (AQ2M)

:,U~itie£n.orirY "iri:e Environmental Quality Ad; R.S. :3O:200F e('" seq,,' and in accordarc.e:'"with the· Provi- sions of' the :Administrative Procedure Act.' R.S. __ 4'1:'150 of se<l-, .the, secr_,ygi""s notice'" that.. ·rulemakill9 ",crcedur~s .. : ',have', ·.been

'initialed ro amend !he' Air regulaflons." LAC '33:111.501 (Log #AQ244J. ' . :" . ,~,,;,,: : .

This rule·, reVision, COITectS

, coolradidory"". language , regarding. '. " "insignificant

adivities""thal" do not need .0 -.nil. ,LAC 33:/IL.501.B.5 ;statM in:~,·.·ArrI,.activitY

~~~lt:~= awlies is not :insignificant, even ,if 1IM1, aclivilv '.mee~

'!he crilerla below:di"w- ever, Porto of ,the ' Insig- nifteant Adiv;fies List table : allows for an exemption if "no entorceable permit GOnditions ' ar" ' necessary .10 enSUre cninPliance-'. with any

applicable ::\,. reQuirement: Based on the exisflng list uf

insignffi<:ant· sources,·' n- .was ,determined",that: eftie, . .lane !iualle iti Part D'of:','!he , lable· rrore ,-'- 'accurately

"refleds", the· intent 'of', Ifle

"5,51.' For. example;: !he'first entrv in' !he '!able (A-I) is 'external:' o:xnbustione<lUip- ment witti·- '~a' design'; ram 'greah!< :thaner eilual'to 1 .million" llru-- Plir· hOur' (MM

Btu/hr), but"leSs· lila;; ,or equal ro 10 MM. Btu/hr. 'Small'gas-fired' ':!heah!<s tvPicalty· fall .into this. category. '''''' suctr--: :equipment would. be subiect"to'; lt1e

ooacilv provisions !'of. I:AC 33:IILllOl.B'"and "lt1e:parc

licu"le limitations, of LAC

=~t:; PefTT1ir"'to~! tidOS:"" (e~g;~ restricfions" on fuel use 'Or, hours of <7<'C!'ac

lion)' are' not _necessary _to ensure :.. 'oomp.iance '-. wiltl

fhese requirements. The basis -and, rationale.· tor this ""'I'OSOO rule are Io--correcl confTadiclary· language in 'the· Insignlfteant"',Adivlties List;. ..' !.;~;

This. proPO~ rule"~t5 an· ex<:ePlion listed, in : R.S. 3O:2019WH2J,. ' and.', R.S,

, 49:953(G)(3J;. ,'lheretore,:' no report :. reoarolOo .".enviroomentallhealth benefrts and Sodal/ea:momic ". costs is

required. This proPOsed rule has .no known .impact 'on famllv -', formation, -.stabilitY,

: and avtoocrmv as' <lescribed in R.S. 49:9n. . '

A public--hearing· win--· be I held on Mardl 1'1, 2004. at 1;30· p.m., in. 1he Galvez Building, Oliver' Pol\ocl(

Conference Room OIl. '602 N. Fifttl Slreet, Balun

Rouge, LA 70802. Interested Pet""SOflS· are invited -to

I, Linda Ward, Call Center Supervisor

of THE TOWN TALK, published at Alexandria,

Louisiana do solemnly swear that the

Legal Notice

advertisement, as per clipping attached, was

published in the regular and entire issue ofsaid

newspaper, and not in any supplement thereof

for one insertions conunencing with the issue

dated February 18, 2005 and ending with the

issue dated February 18, 2005.

Subscribed and Sworn to before me

this day of February, 2005

~/

i

otary Number 01qJcrl?

14
allend

-ana:,: submit "',oral mmmenls·.ori;-fhe,'Pti>Posed

I amenclmeofs.. SI10iJId indi- ·Vidu.llS;,CWilh"""a~"di5!ibili!y

··need. an 'aa:ommodaloon .n· 'order· to ,PartiCiPate; -contact ·Ji.J<lith·· .A·';·" Sdluerman, :PtiD,i\'af.·fhe·,iIddress· 'given

;.below,'''''·, aI' '(2751 219-JS50.· ,'cFree;.i:PiII1<in!F:is. ;-avi!ilablE! j'..':Galvi!z.~i :.ac:ro.sS.'! the.I>iIrI<ing~'""rage __. t1-" in .' the...

::=::'.:~i~~ . person...,j'al·fhe'nearil\lJ. · ..... -., ; ::" ,'(""'~:;; ~:J .."::~' :';L:f

'

.,.,..'An·:; interestedcpersoris': are invited 10 submit.:. wrillen cnmrnents on' the prnposed ,!'e9ulatioil. i ' PersOnS-com- ,'rnenttf1g '<sho\Ild:<-,reference "this PflIi>Osed.. regulation bv

':='iie~=~~~ 'lhaii'" Apjil ;"5,"200S"'·at...4:30 : P,in.;';and shoUld \>e ....,;;, to JUlfrJh;f1 "ll.:-to! .:Sdluennan; PlLD... Offia> of EllViroo~

,·menmI :.As.sesSment;:,Regu

C

· lallon Development,.5ecIion. Box :q14; Balon -ROU9lt;'LA 70821"4314'··or··!O'.FAX .(225) 219-3582" Or: bY,.,. e-mail . 10

~~schn~~

·

=~~:~~'~~ DEQ1PUbl;c Records 'Center

al·(225).219"3168,. Chikk":or .,moneY order is'required in ladvance""" ead1' copy of , AQ244. .Thls regvlafio</· is ·available .onfhe .Internet"at , h1II>:lIwww.de<l.lOuisiana.!lov

IPianning/regslindex.hIm,·.;

.... This' Jl<'OPOsild..' regulatiOO ·is· 'available, .tor···· ·i.-ction · al·':the 'fOIlowing'ceQ'office ·locations J fr'oin 8 ·-a.m;: until

4:JO;;p.m.:·, llll2': N.-.: 'Fifth street", Balon ROuge,' LA

· }0802;:> 1823. Highwav' ".S46.

· Wesf:;Monroe,' LA "7'l291;'

Slate OffICe' Building,l525 Fairfield .' Avenue; ··Shr..-t, i lA·'71101;i·'1301 .Gadwall' ~Street., Lake Char- les, ,LA 70615.: ·'201 EvaJlS Road, ;Bullding;4; Suite '420, "New orleanS, LA·7012J;·111 "New. . G:enIer ';' "-Drive,

',·Lafayetle,",·LA :;705011; no

.'~"~~::~~,'L.~.

';i~~~RrF:J6~DAN, ~~A1~~'~'

. .' I 1"1. ,-:> \;-.

15

.:,i,'- ~{ (2)"18
STATE OF LOUISIANA

DEPARTMENT OF ENVIRONMENTAL QUALITY

IN RE:

INSIGNIFICANT ACTIVITIES LIST

LOG #: AQ244

PUBLIC HEARING

The Public Hearing held by the Louisiana

Department of Environmental Quality, Office of

Environmental Assessment, Environmental

Planning, Regulation Development, at the Galvez

Building, Room Cl11, 602 N. Fifth Street, Baton

Rouge, Louisiana, beginning at 1:33 p.m., on

March 29, 2005.

BEFORE: Lori B. Overland

Certified Court Reporter

In and For the State of

Louisiana

RECEIVED

APR - 5 L005

LDEQ/OEAJAQAD

ASSOCIATED REPORTERS, INC.

(225) 216-2036

16
DEPARTMENT OF ENVIRONMENTAL QUALITY

A P PEA RAN C E S

FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL

QUALITY:

Nicole Hano

Hearing Officer

Department of Environmental Quality

Office of Environmental Assessment,

Environmental Planning

Regulation Development, 6th Floor

P.O. Box 4314

Baton Rouge, Louisiana 70821-4314

* * * * *

2

ASSOCIATED REPORTERS, INC.

17

(225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY

I N D E X

EXAMINATION:

None

EXHIBITS:

None

REPORTER'S PAGE

REPORTER'S CERTIFICATE

* * * * *

ASSOCIATED REPORTERS, INC.

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3

PAGE(S)

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MS. HANO:

Good Afternoon! My name is Nicole

Hano. I'm employed with the Louisiana

Department of Environmental Quality. I'll

be serving as hearing officer this afternoon

to receive comments regarding proposed

amendments to the State Implementation Plan

(SIP) for Air Quality, and proposed

amendments to the Environmental Quality

regulations.

The comment period for the proposed

amendments began on February 20, 2005, when

the notices were published in the Louisiana

Register. The comment period for rule Log

Number OS062* will close at 4:30 p.m.,

today, March 29, 2005, and the comment

periods for Log Numbers AQ244, AQ248, RP038,

and RP040 will close at 4:30 p.m., April 5,

2005. The comment period for the proposed

SIP amendments, including the addendum, will

close at 4:30 p.m., May 6, 2005. It would

be helpful to us if all oral comments

received today were followed up in writing.

This public hearing provides a forum

ASSOCIATED REPORTERS. INC.

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(225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY 5

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for all interested parties to present

comments on the proposed changes. 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 first regulations amendment on the

agenda is designated by the Log Number

AQ244.

This rule revision corrects

contradictory language regarding

~insignificant activities" that do not need

a permit. LAC 33:111.501.B.5 states in

part, ~Any activity for which a state or

federal applicable requirement applies is

not insignificant, even if the activity

meets the criteria below." However, Part D

of the Insignificant Activities List table

allows for an exemption if "no enforceable

permit conditions are necessary to ensure

compliance with any applicable requirement."

Based on the existing list of insignificant

sources, it was determined that the language

in Part D of the table more accurately

reflects the intent of the list. For

example, the first entry in the table (A.l)

ASSOCIATED REPORTERS, INC.

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(225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY 6

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is external combustion equipment with a

design rate greater than or equal to 1

million Btu per hour, but less than or equal

to 10 million Btu per hour. Small gas-fired

heaters typically fall into this category.

Such equipment would be subject to the

opacity provision of LAC 33:111.1101.8 and

the particulate limitations of LAC

33:Ill.1313.C; however, enforceable permit

conditions (e.g., restrictions on fuel use

or hours of operation) are not necessary to

ensure compliance with these requirements.

Comments will begin with Henry Graham.

MR. GRAHAM:

Good afternoon. My name is Henry

Graham. I'm with the Louisiana Chemical

Association. LCA is a trade association

representing chemical manufacturers in the

State of Louisiana.

Some of our members or many of our

members have operating permits under the

Title 5 Program and therefore would be

impacted by the proposed rule.

The LCA supports the adoption of

AQ244. We believe that this clarification

ASSOCIATED REPORTERS. INC.

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(225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY 7

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is needed and is in line with the intent for

the rule to clarify those small heaters and

generators involved in fuel funding

equipment that would not need permits and

are thereby classified as insignificant

activities.

We appreciate the opportunity to

comment. Thank you.

MS. HANO:

Does anyone else care to comment on

this regulation?

If not, the hearing on AQ244 is

closed.

I'd like to thank you for your

attention and participation.

This hearing is closed.

THE HEARING WAS CONCLUDED AT 1:35 P.M.

* * * * ..,

ASSOCIATED REPORTERS, INC.

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(225) 216-2036
1

DEPARTMENT OF ENVIRONMENTAL QUALITY

REP 0 R T E R s P A G E

8

2 I, Lori B. Overland, Certified Court

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

4 officer, as defined in Rule 28 of the Federal

5 Rules of Civil Procedure and/or Article 1434(b)

6 of the Louisiana code of Civil Procedure, before

7 whom this sworn testimony was taken, do hereby

8 state on the Record

9 That due to the interaction in the

10 spontaneous discourse of this proceeding, dashes

11 (- -) have been used to indicate pauses, changes

12 in thought, and/or talk overs; that same is the

13 proper method for a Court Reporters's

14 transcription of proceeding, and that the dashes

15 (--) do not indicated that words or phrases have

16 been left out of this transcript:

17 That any words and/or names which could not

18 be verified through reference material have been

19

20

21

denoted with the phrase '~diblf\.. 11 n~

~~-!-;-~~---- Lori Overland, C.C.R.

22 # 97083

ASSOCIATED REPORTERS. INC.

23

(225) 216-2036
1

2

DEPARTMENT OF ENVIRONMENTAL QUALITY

C E R T I FIe A T ION

I, the undersigned reporter, do hereby

9

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 for the

20

21

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state of Louisiana. _ ,

~----------- Lori Overland, C.C.R.

# 97083

OFFICIAL SEAl

LOAI B. OVEAu.,':,lQ

CertI1IecI COlJ/1 R;.'1.JOr18'

In ano for tho Sl8lE; .), Louisiana

Conl1\cale Num~ 910f13

,e 1 1-<>5

ASSOCIATED REPORTERS, INC.

24

(225) 216-2036
LOUISIANA MID-CONTINENT

OIL AND GAS ASSOCIATION

801 NORTH BOULEVARD, SUITE 201, BATON ROUGE, LA 70802-5727

TELEPHONE (225) 387-3205 FAX (225) 344-5502

E-MAIL info@lmoga.com

April 4, 2005

Ms. Judith Schuemlan

LDEQ Office of Environmental Assessment

Regulation Development Section

Post Office Box 4314

Baton Rouge, Louisiana 70821-4314

Re: Amendments to the Air Permit Insignicant Activities List

(Log #AQ244)

Dear Ms. Schuerman:

The Louisiana Mid-Continent Oil and Gas Association appreciates the opportunity to comment on the

proposed amendments to the Air Permit Insignificant Activities List (Log # AQ244) which appeared in the

February 20, 2005 Louisiana Register. Mid-Continent is an industry trade association representing

individuals and companies who together produce, transport, refine and market crude oil, natural gas,

petroleum products and electricity in Louisiana. Several Mid-Continent member companies have air

permits with equipment affected by the proposed amendments.

Mid-Continent supports the proposed amendments. Mid-Continent agrees with the Department that the

existing rule language was contradictory and confusing. The proposed amendments rectify this concern.

Once again, Mid-Continent appreciates the opportunity to submit these comments.

Very truly yours,

Richard T. Metcalf

Health, Safety and Environmental

Affairs Coordinator

25
April 7, 2005 Page 1 of 2

AQ244 Summary

Comment Summary Response & Concise Statement - AQ244

Amendments to the Air Regulations

Insignificant Activities List

LAC 33:111.501

COMMENT 1: - The commenter supports the proposed amendments. The

proposed regulation is needed to clarify existing language that is

confusing and contradictory.

The department agrees with the comment; no arguments are necessary.

RESPONSE 1: - The department appreciates the support.

26
April 7, 2005

Comment Summary Response & Concise Statement Key - AQ244

Amendments to the Air Regulations

Insignificant Activities List

LAC 33:111.501

Page 2 of 2

AQ244 Key

COMMENT #

1

1

SUGGESTED BY

Henry Graham I Louisiana Chemical Association

Richard Metcalf I Louisiana Mid-Continent Oil and

Gas Association

27
are necessary to ensure compliance with any applicable

requirement." Based on the existing list of insignificant

sources, it was determined that the language in Part D of the

table more accurately reflects the intent of the list. For

example, the first entry in the table (A. I ) is external

combustion equipment with a design rate greater than or

equal to I million Btu per hour (MM Btu/hr), but less than or

equal to 10 MM Btu/hr- Small gas-fired heaters typically fall

into this category. Such equipment would be subject to the

opacity provisions of LAC 33:111. 110 LB and the particulate

limitations of LAC 33:111.13 13.C; however, enforceable

permit conditions (e.g., restrictions on fuel use or hours of

operation) are not necessary to ensure compliance with these

requirements. The basis and rationale for this Rule are to

correct contradictory language in the Insignificant Activities

List.

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. This proposed Rule has no known impact on

family formation, stability, and autonomy as described in

R.S.49:972.

Title 33

ENVIRONMENTAL QIJALITY

Part III. Air

Chapter 5. Permit Procedures

§501. Scope and Applicability

A. - BA.b. ...

5. Insignificant Activities List. Those activities listed

in the following table are approved by the permitting

authority as insignificant on the basis of size, emission or

production rate, or type of pollutant. By such listing, the

permitting authority exempts certain sources or types of

sources from the requirement to obtain a permit under this

Chapter unless it is determined by the permitting authority

on a site-specific basis that any such exemption is not

appropriate. The listing of any activity or emission unit as

insignificant does not authorize the maintenance of a

nuisance or a danger to public health or safety. Any activity

for which a federal applicable requirement applies is not

insignificant, even if the activity meets the criteria below.

For the purpose of permitting requirements under LAC

33:111.507, no exemption listed in the following table shall

become effective until approved by the administrator in

accordance with 40 eFR Part 70. For purposes of the

insignificant activities listed in this Paragraph. aggregare

emissions shall mean the total emissions from a particular

insignificant activity or group of similar insignificant

activities (e.g., A.I, A.2, etc.) within a permit per year.

Insienflkant Activit~ Lt.! ... [See Prior Text In A - 6]J J

32. generators, boilers. or other fuel burning equipment that IS ofequal or smaller capacJl)' than lhe primary operating unit, lhat cannot be

used in conjunction wllh the primary operating unitlexcept for

shorl durations when shulling down the p"mary operating unit

(maximum 01'24 hours) and when starling up the primary

operating unit unlil 11 reaches steady-state operation (maXimum of 72 hours)], and that does not increase emissions of or the potential

to emit any regulated alf pollutant ... ISee Prior Texi II) 8.33 - CSj

y

\ Elempl Compouods

2-{ethox~~~orometh)'I)-I.I. \.2,3,3.3-heplalluoropropane

((CF,hCF ',O(,H,) /

I,1,1 ,2,3,3-h~afluoropropane (HI'C-2J6ea) /

1.1, I,3,3.3-hdllfluorooropane (HFC-23Ma} /

methane \ /

methvl acetate \ /

methylene chlonde'(d,chloromethane) /

methyl formate (HC~HJl /

).1.I.2,2,3,3,4.4-nonal\uoro-4-methoxy-butane (c.F.OCH,)/

parachlorobenzolflfluor\Je (PCBTF) /

1,1.I,3,3- penlatluorobutApe (HFC-365mfc) /

ocntafluoroethane (HFC-I),5) /

J, I. I,2,3-oentafluoropropan\(HFC-245eb) /

1. I, I,3,3-oentalluoroprooane'\I1FC-245 fa) /

I,1,2,2,3-oentafluorooropane (N.FC-245ca) /

I, I,2,3,3-oentatluoropropane (HI\C-245ea) /

perchloroethylene (tetrachloroethl"\ene) /

sulfur-containing periluorocarbons \th no faturations and WJlh sulfur

bonds only to carbon and Iluo"ne

1,IJ ,2-tetralluoroethane (HFC-134a) \ /

I,1.2.2-tetrafluoroethane (HFC- 134) X

I,I.I-trichloroethane (methyl chlorofoPnJ\

trichlorolluoromethane (CFC- It) / \

I I,2-trichloro·! 2)-tritluoroethanl(CFC·1 },3)

I, I, l-trifluoro-2,2-d.chloroetham{(HCFC-123\

I,I, l-trifluoroethane (HFC-l 43J) \

trifluoromethane (HFC-23) / \

AUTHORlTY NOT : Promulgated in ae ordance with R.S

30:2054.

HlSTOR1CAL N E: Promulgated by the Department of

Environmental Q it)', Office of Air Quality and uclear Energy,

Air Quality Div· lon, LR 13:741 (December 1987 amended LR

16: I I8 (Febru' (990), amended by the Office of A Quality and

Radiation Pr ection, Air Quality Division, LR 20: 89 (March

1994), LR 1:681 (July 1995), LR 21:1330 (Decem er 1995),

repromulg ed LR 22: 14 (January 1996), amended L 22;703

(August 96), LR 23:1661 (December 1997), LR 24:22 ~nuary

1998), R 25:258 (February 1999), amended by the 0 Ice of

Envir mental Assessment, LR 31: 1062 (Ma 2005 .

Department of Environmental Quality

Office of Environmental Assessment

0505#02]

Insignificant Activities List

(LAC 33:111.501 )(AQ244)

Wilbert F. Jordan, JL

Assistant Secretary

RULE

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, RS. 49:950 et seq., the

secretary has amended the Air regulations, LAC 33:lJ1.501

(Log #AQ244).

This Rule revision corrects contradictory language

regarding "insignificant activities" that do not need a permit.

LAC 33:111.501.B.5 states in part, "Any activity for which a

state or federal applicable requirement applies is not

insignificant, even if the activity meets the criteria below."

However, Part D of the Insignificant Activities List table

allows for an exemption if "no enforceable permit conditions

1063

28

Louisiana Register Vol. 31. No 05 May 20. 2005
adopted. e new definition was taken verbatim from t 'e

NRC rule, which does not include misadrninistrati ns

occurring f: m X-rays. The department regulates diagn stic

X-ray cne ies and linear accelerators in AC

33:XV.Chapt rs 6 and 9, while the NRC doe not.

Additionally, ew federal reporting requirements w re also

adopted regar ing dose to an embryo/fetus. Th se new

requirements n d to be adopted with regard to -rays as

well, for both di nostic and therapeutic X-ray en rgies. The

basis and rationa for this Tule are to modifY e adopted

federal regulatio definiti2n of medical event for

misadministrations of radioactive material d reporting

requirements for a osc to an embryo/fetus 0 include not

only radioactive mat rial but also X-ray Tad' tion, which is

not regulated by the C but is regulated by. the department.

This Rule meets an xception listed in R .30:2019(0)(2)

and R.S. 49:953(G)(.); therefore, no report regarding

environmental/health befits and social economic costs is

rcquired. This Rule h s no known impact on family

formation, stability, and autonomy described in R.S.

49:972.

Medical EvenT- lin even that mects the criteria in LAC

33:XV.613.A, 712.A, or 915 A.

AUTHORITY NOTE: in accordance with R.S.

30:200 I el seq.

HISTORICAL NOTE:' y the Dcpartmel1l of

Environmental Quality, f uclear Energ Division. LR 13:569

(October 1987), amende by Office of Ai Quality and Radiation

Protection, Radiation rotection Division LR 18:34 (January

1992). LR 19:1421 (N ember 1993). LR 2 :650 (June 1994), LR

22:967 (October I 96), LR 24:2089 (November 1998),

repromulgated LR :2242 (December 199 , amcnded by the

Office of Environmental Assessment, Envi nmenlal Planning

Division, LR 26:2563 (November 2000), LR :2767 (December

2000), LR 30:1171,1188 (June 2004)"amende by thc Office of

Environmental A essment, LR 31 :44 (January 2 05), LR 31: 1064

(May 2005).

Chapter 6. X-Rays in the Healing Arts

§613. Not' Ications, Reports, and Records

Ev nls

A. ATe istrant shall report any medical even except for

an event t at results from patient intervention, in\which the

administr tion of radiation involves lhe wrong \>atient, a

proeedu different than that which was authoriz by the

license practitioner of the healing arts, or a b dy site

differ t from that which was authorized and intend to be

expo d by the authorized X-ray procedure.

B. A registrant shall report any event resulting from

inte ention of a patient or human research subject in hich tt administration of radiation results or will resu in

u mtended permanent functional damage to an organ or a

p ysiological system, as determined by a physician.

RULE

artment of Environmental Quality

Ice of Environmental Assessment

Medic Events Occurring from X-R s

(LAC 33:XV. 2,613,615,915, and 91 }(RP038)

D. Exemptions BaSt<! on Emissions uvels

The owner or operator of any source may apply for an exemplion from

Ille permining requirements ofthis Chapter for any emissi()ns unn prOVided each ofthe following criteria are met. Activities Or emissions

units exempt as insignificant based on these criteria shall be included in

the permit at the next renewal or permit modification. as appropriate. a The emissions unit emits and has lhe potenlJal to em,t no more than Ii ve tons per year of any regulated poll utant.

b. The emissions unit emits and has the potenti.llo em.t less than

the minimum emission rale listed in LAC l3'1lI.5112. Table

51 I. for each Louisiana loxic air pollutant. c The emissions unit emllS and has the potential to emit less lhan

the de minimis rale established pursuant to Section 112(g) of

the federal Clean AirAct ior each hazardous air pollutant.

d No new federally enforceable limitations or permit conditions are necessary to ensure compliance With any applicable reQU iremenl

Wilbert F. Jordan, Jr.

Assistant Secretary

Insignificant Activities List

13.6 - C.IO.

AUTHORITY NOTE: Promulgated in accordance with RS.

30:20 II and 2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

Air Quality Division, LR 13:74 I (December 1987), amended by the

Department of Environmental Quality, Office of Air Quality and

Radiation Protection, Air Quality Division, LR 16:613 (July 1990),

LR 17:478 (May 1991), LR 19:1420 (November 1993), LR

20:1281 (November 1994), LR 20:1375 (December 1994), LR

23: 1677 (December 1997), amended by Ihe Office of the Secretary,

LR 25 :660 (April 1999), amended by the Office of Environmental

Assessmenl, Environmental Planning Division, LR 26:2445

(November 2000), LR 28:997 (May 2002), amended by Ihe Office

of Environmental Assessment. LR 31: 1063 (May 2005).

, Slalc or federal regulations may apply.

Under the authority of the Environ ntal Quality Act,

R.S. 30:2001 et seq., an in accordanc with the provisions

of the Administrative Pro~~ure Act, .S. 49:950 et seq., the

secretary has amended the kadiati Protection regulations,

LAC 33:XV.1 02, 613, 615, 91~ a a917 (Log #RP038).

This Rule adds new section 0 the radiation regulations

for medical events occu m~ as a result of the

misadministration of X-ray to h~rria beings in the healing

arts. LAC 33:XY.613 and 15 are bei added to mirror the

changes adopted for radioactive aterials in LAC

33:XY.712, for notifi ions of medical e nts involving the

use of X-rays. LAC 3:Xy.615 and 917 ar being added to

mirror the change dopted for radioactive m crials in LAC

33:XY.71O, for tifications for embryos/fetus of medical

events involv' g the use of X-rays. In June 004, the

departmenl opted new regulations for medic use of

radioactive materials in order to mirror the new edcral

regulatio . The definition for misadministration was

elimin ed and a new definition for medical event

Louisiana Register Vol. 31. No. 05 May 20. 2005 1064

29
* This rule includes Parts ofthe Louisiana Administrative Code that are not applicable to air

quality; the sections that are pertinent to this proposed SIP are listed above.

Appendix A
NOTICE OF INTENT

Title 33

ENVIRONMENTAL QUALITY

Part I. Office of the Secretary

Subpart 1. Department Administrative Procedures

apter 19. Facility Name and Ownership/Operat r

Changes Process

§1 I. Applicability

A. This Chapter applies to name and ownership/ erator

chan s at facilities that are under the purview 0 - the air,

water, hazardous wasle, and solid waste r gulatory

progra s. Wrilten notifications of Ihese change shall be

submitte to the department for facilities appl ing for or

holding ir permits, Louisiana Pollutant Discharge

Eliminatio System (LPDES) permits, haz dOllS waste

pemlits, an solid wasle permits. A name, ow ership, and/or

operator cha e will be considered a minor p rmitting action

or administrat ve amendment.

B. When t ownership of a facility hIding an LPDES

pennit changes d there is no change to e operator ofthat

facility, a permit ransfer is not require Notification of the

change of owner ip is stili required in accordance wilh

LAC 33:I.l905.

C. This Chapte does not su rsede any otherwise

applicable require ents addr ssing administrative

amendments or modi ations in t air, LPDES, hazardous

waste, and solid wast program in particular, applicable

MACT rules or acid rain rogra requirements.

AUTHORITY NOTE: ornul ted in accordance with R.S.

30:200 I et seq.

HISTORICAL NOTE: Pro gated by the Department of

Environmental Quality, Office f Environmental Assessment, LR

31:

§1903. Liability

A. The previous own or 0 erator retains responsibility

for compliance with all rmit te us and conditions until the

administrative authorit makes a etermination regarding a

change of ownership 0 operator as pecified in this Chapler.

B. The previous ncr or opera r retains responsibility

for compliance with he financial req irements until the new

owner or operato has demonstrate that he or she is

complying with t specified financial equirements of Title

33 of the Lo siana Administrative Code (e.g., LAC

33:V.Chapter 3 • LAC 33:VII.727.A.I nd 2, and LAC

33:IX.Chapter 7).

AUTHORT NOTE: Promulgated

30:200 I et se

HISTORT 1\L NOTE: Promulgated by the

Environme al Quality, Office of Environmental

31 :

§1905.

A. anges in the name only of a facilit or of ils

owner! perator shall be made with wrilten notifica 'on to the

Offic of Environmental Services. The owner or perator

shal submit a complete Name/Ownership/Operator hange

For (NOC-I Form) within 45 days after the chang. This

fo may be found on the department's website.

B. Within 30 days afler receipt of the com lete

notification of a change of name of a facility or 0 its

owner/operator, the administrative 3ulhority shall notify e

0505#021

Facility Name and Ownership/Operalor Changes Process

(LAC 33:1.1901,1903,1905,1907,1909, and 1911;

111.505. 517, and 521; V.321 and 4303; Vl1.517;

and IX.270 1, 2901, 2903, and 2905)(OS057)

der is required in advance or each copy of

AQ251 fl. his regulation is availab on the Internet at

www.deq.lo . iana.gov under Rules d Regulations.

This propos regulation is avai Ie for inspection al the

following DEQ ice locations m 8 a.m. until 4:30 p.m.:

602 N. Fitlh Street, aton Rou , LA 70802; 1823 Highway

546, West Monroe, 7129; State Offiee Building, 1525

Fairfield Avenue, Sill ve rI, LA 71101; 130 I Gadwall

Street, Lake Charles, L 0615; 201 Evans Road, Building

4, Suite 420, New 0 ea LA 70123; III New Ccnter/

Drive, Lafayette, LA 0508; 10 Barataria Street, Lockport,

LA 70374.

Department of Environmental Quality

Office of Environmental Assessment

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 33:1.1901,1903,1905,1907,1909, and 1911; Il1.505,

517, and 521; V.321 and 4303; Vll.517; and IX.2701, 2901,

2903, and 2905 (Log #OS057).

This Rule will provide a unified, streamlined process for

name or ownership/operator changes at facilities under the

purview ofthe air, LPDES, hazardous waste, and solid waste

regulatory programs. The department's re-engineering

resulted in the creation of a single entity to handle name or

ownership/operator changes. The Governor's Environmental

Task Force recognized that Ihe regulatory processes for these

changes were cumbersome for both the regulated community

and the department's staff. Therefore, the task force

recommended that the department create a streamlined

process for all media. The project will occur in two stages.

The first stage is being addressed in this proposed Rule and

deals with only permitted media facilities. The second stage

will address hazardous and solid waste generators and other

miscellaneous programs. The basis and ralionale for this rule

are to allow a unified procedure [or all media resulting in

cleaner notification procedures for the regulated community.

This proposed Rule meets an exception listed in R.S.

30:2019(D)(2) and RS 49:953(G)(3); therefore, no report

regarding environmentallheal th benefits and sociaVeconomic

costs i~ required. This proposed Rule has no known impact

on family formation, stability, and autonomy as described in

R.S. 49:972.

Louisiana Regis/er Vol. 31, No. 05 May 20, 2005
'1909. Change of Ownership/Operator tiinanciaI

Assurance Required

A. The administrative authority may approve the transfer

o a permit to a new owner or operator where financial

ass rance is required, based on the following facto s:

1. assumption by the new owner or erator of

liabi 'ty for existing violations;

demonstration of compliance wi financial

respo ibility requirements by the new own or operator;

and

3. evidence of managerial competenc on the part of

the new owner or operator (e.g.• compli ce history and

complian with LAC 33:1.1701).

B. Cha ges in the ownership or oper ional control of a

facility sha be made with written notifi alion to the Office

of Environ ntal Services. The new ower or operator shall

submit a Na c/Ownership/Operator ' ange Fonn (NOC-I

Form) within 5 days after the chang. The department may

initiate action to tenninate or rev e an existing media

permit for a fa lure to disclose a hange of ownership or

operational con 01 within 45 da s after the change. The

following action. are also req red to be completed in

conjunction wit the chan of ownership/operator

notification.

1. A written ntaining a specific date for

transfer of permit esponsi lity, coverage, and liability

between the previous d ne permittees shall be submitted

to the administrative auth rity. The agreement shall be

attached to the NOC-l 0

2. Permitted and i terim status hazardous waste

facilities shall also sub t a revised Part I (i.e., Part A)

permit application and ardous Waste Notification Form

(HW-I Form) in conjun i with the NOC-I Form.

3. When a trans£' 0 wnership or operational control

occurs, the previous 0 ner 0 operator shall comply with the

applicable requireme s of L C 33:y'Chapter 37 (hazardous

waste financial req rements) LAC 33:VU.727.A.I and 2

(solid waste financ al assuran e requirements), and LAC

33:Ix'Chapter 67 water fina ial security requirements)

until the new own r or operator as demonstrated that he or

she is complying with the applic ble requirements of LAC

33;y'Chapter 37 LAC 33:VII.7 7.A.l and 2, and LAC

33;1X,Chapter 6 ,

4. The ew owner or ope tor shall demonstrate

compliance ith the applicable quirements of LAC

33:V.Chapter 37, LAC 33:VIl.727..1 and 2, and LAC

33:1X.Chapt r 67 within six month of the date of the

change of nership or operational c trol of the facility.

Upon dem nstration to the administratt e authority by the

new own or operator of compliance ith these financlal

assuranc requirements, the administrati e authority shall

notify t e previous owner or operator t t he or she no

longer needs to comply with the fin cial assurance

requir ents as ofthe date of demonstration.

C. Within 45 days after receipt of the complete

noti cation of a change of ownership or oper tionaI control

of facility, the administrative authority sh I notify the

pre iOtls and new owners/operators of the epa:tmenCs

ap roval or disapproval of the transfcr of the p II to the

w owner or operator based on its evaluation of he factors

s t forth in Subsection A of Ihis Section. The effe tive date

owner or operator of

ay approve the transfer

ator where no financial

resence of the following

owner/operator that the department has received and

processed the name change, The effective date of the arne

hangc shall be the date indicated on the NOC-l Form

less the administrative authority determines hat a

di erent date is appropriate, in which case the Ice of

En ironmental Services shall notify the permit ap icant of

the tual effecti ve date.

C. For permitted hazardous waste facilities, t

shall s nd a notice of the name change to all pe ons on the

facility mailing list maintained by the a ministrative

authorit in accordance with LAC 33:V7l7, 5, and to the

appropria units ofstate and local govemme t, as specified

in LAC 33 V. 7 ! 7.A.2 and 4, This notificatio shall be made

within 90 ca endar days after the change is e ective.

AUTHORI Y NOTE: Promulgated in acc rdance with R.S,

30:2001 et seq.

HISrORICA NOTE: Promulgated by

Environmental Q ality, Office of Environ

31:

§1907. Change

Assuranc Required

A. The administ tive authority

of a pemlit to a new wner or op

assurance is required, sed on the

factors:

I. assumption by the n

liability for existing violat ns; d

2. evidence of mana eri 1 competence on the part of

the new owner or operato e.g., compliance history and

compliance with LAC 33:1.1 I).

B. Changes in the owne s . or operational control of a

facility shall be made with it n notification to the Office

of Environmental Service The w owner or operator shall

submit a Name/Ownersh' /Opera r Change Fonn (NOC-I

Form) within 45 days a er the cha ge. A written agreement

containing a specifi date 1'0 transfer of permit

responsibility, covera ,and Iiabilit between the previous

and new permittee shall also b submitted to the

administrative autho lty, The agreemen shall be attached to

the NOC-I Form. he department rna initiate action to

terminate or revok an existing media per it for a failure to

disclose a change f ownership or operatio al control within

45 days after the hange.

C. Within 0 days after receipt of the complete

notification of a change of the ownership operational

control of a f: ility, the administrative authorit shall notify

the previous nd new owners/operators of the p~ment's

approval or isapproval of the transfer of the pe It to the

new owner or operator based on its evaluation of t e factors

set forth i Subsection A ofthis Section. The depart ent will

also noti EPA of changes in Title V permits wi in the

same ti eframe. The effective date of the permit t sfer

shall b the date indicated on the NOC- 1 Form unle the

admin' trative authority determines that a different da is

appr riate, in which case the Office of Enviromne al

Serv. ces shall notify the permit applicant of the actu I

em ctive date.

UTHORITY NOTE: Promulgated in accordance wilh R.S.

3 :200 I et seq,

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Environmental Assessment. LR

31:

Louisiana Register Vol, 31. No. 05 May 20, 2005
Air Quality Division, LR 13:741 (December 1987), amended by the

Office of Air Quality and Radiation Protection, Air Quality

Division, LR 19:1420 (November 1993), LR 21:678 (July 1995),

amended by the Office of Environmental Assessment,

Environmental Planmng Division, LR 26:2446 (November 2000),

amended by the Office ofEnvironmental Assessment, LR 31:

§517. Permit Applications and Submittal of

Information

A. - F.

G. Change of ownership shall be done in accordance

with LAC 33:l.Chapter 19.

H....

AUTHORITY NOTE: Promulgated In accordance WIth R.S.

30:2054.

HISTORlCAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and RadIation

Protection, Air Quality Division, LR 19: 1420 (November 1993),

amended LR 20: 1375 (December J994), amended by the Office of

the Secretary, LR 22:344 (May 1996), amended by the Office of

Air Quality and Radiation Protection, Air Quality Division, LR

23:405 (April 1997), LR 23:1677 (December 1997), amended by

the Office of the Secretary. LR 25:661 (April 1999), amended by

the Office of Environmental Assessment, Environmental Planning

Division, LR 26:2448 (November 2000), amended by the Office of

Environmental Assessment, LR 30:2021 (September 2004), LR 31:

§521. Administrative Amendments

A. -A.2. '0.

3. allows for a change in ownership at the source, in

accordance with forms and guidance provided by the

pennitting authority and pursuant to LAC 33:I.Chapter 19;

A.4. - B.3....

AUTHORJTY 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 LR 20:1375 (December 1994), amended by the Office of

Environmental Assessment, LR 3I:

Part V. Hazardous Waste and Hazardous Materials

Subpart 1. Department of EnvironmenJal

Quality Hazardous Waste

General Conditions for Treatmen ,

Storage, and Disposal Facility P rmits

§321. dification of Permits

A. Any oposed major modification of facility or a

site, any ch e in wastes handled in e' er volume or

composition, any other change in t site, facility, or

operations that aterially deviates om a permit or

materially increase danger to the ublic health or the

environment must be eparted in riting to the Office of

Environmental Service rior to uch an occurrence and a

pennit modification must coined in accordance with the

application, public notice, a permit requirements of this

Chapter. Any operator or a n ship change shall be made in

accordance with LAC 3 .eha er 19.

B. - B.I. ...

2. Changes i

a facility shall

33:I.Chapter 19.

C. - c.I.a...

i. - he permittee must notify the Office of

Envirorunet al Services concerning the dification by

certified il or other means that establish pro -of delivery

within s en calendar days after the change is pu 'nto effect.

This n ice must specify the changes being made permit

55 .2005

B. thod of Payment. All fee payment shall be made

by che , draft, or money order payable to e Department

of En ironmental Quality and mailed to the partment at

the a dress provided on the NOC-I Form.

Failure to Pay. Failure to pay the presc .

ch nge or ownership/operator change fee as provi

s all result in the change request not being process

epartment.

AUTHORITY NOTE: Promulgated

30:2001 et seq.

HISTORICAL NOTE: Promulgated by the Departmen of

Environmcntal Quality, Office of Environmental Assessment, R

31:

of the permit transfer shall be the date indicated

NOC-I Form unless the administrative authority de rmines

that a different date is appropriate, in which case e Office

f Environmental Services shall notify the perm' applicant

the actual effective date.

for permitted hazardous waste facilif s, the new

ittee shall send a notice of the change 0 ownership or

ope tional control to all persons on the fac' ty mailing list

main ined by the administrative aulhorit in accordance

with L C 33:Y.717.A.5, and to the approp, ate units ofstate

and loC' government, as specified in LA 33:Y.717.A.2 and

4. This n tification shall be made wit 90 calendar days

after the dministrative authority h provided a written

response ap roving the notification the change has been

put into effec

AUTHORIT NOTE: accordance with R.S.

30:2001 et seq.

HISTORICAL OTE: Promulgat d by the Department of

Environmental Qu ity, Office of vironmental Assessment, LR

31:

§1911. Fees for N me and

Changes

A. Notifications 0 nam or ownership/operator changes

at a facility shall be su it d by the new owner or operator

with the appropriate fee The fees listed below cover the

cost of reviewing, eval ting, and processing a name or

ownership/operator cha ge at has occurred at the facility.

Air

Part Ill. Air

Chapter 5. Permit Procedures

§505. Acid Rain Program Permitting Requirements

A. - a.J.d....

e. changes in the owners or operators, done III

accordance with LAC 33 :I.Chapter 19;

0.1.r. - S.6.

AUTHORITY NOTE: Promulgated In accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality. Oftke of Air Quality and Nuclear Energy.
conditions or supporting documents referenced by the pennit

and mu~t explain why they are necessary. Along with the

notice, )~e penniuee must provide the applicable

infonnatiorr cquired by LAC 33:Y.S15-533, 2707, and 3115.

l.aji. - 1 b....

AUTHORITY OTE: Promulgated in accordance with R.S.

30:2180 ct seq.

HISTORICAL NO Promulgated by the Department of

Environmental Quality, Office of Solid and Hazardous Waste,

Hazardous Waste Divisio LR 10:200 (March 1984), amended LR

13:433 (August 1987), LR 5:378 (May 1989), LR 16:614 (July

1990), LR 18:1375 (Decem r 1992), LR 20:JOOO (September

1994), LR 21 :266 (March 199 • LR 21 :944 (September 1995),

amended by the Office of Wa e Services, Hazardous Waste

Division, LR 24: 1691 (September I 8), LR 25 :435 (March 1999),

amended by the Office of vironmental Assessment,

Environmental Planning Division, LR :2466 (November 2000),

LR 28:1000 (May 2002), LR 29:319 (M ch 2003), amended by

the Office ofEnvironmental Assessment, LR 1:

Chapter 43. Interim Status

§4303. Changes during (nterim Status

A. - A.3.b....

4. changes in the ownership or operationa ontrol of a

facility, which shall be done in accordance 'Ih LAC

33:LChapter 19;

A.S. - 8.S....

AUTHORITY NOTE: Promulgated in accordance with .S.

30:2180 et seq.

HISTORICAL NOTE: Promulgated by the Department 0

Environmental Quality, Office of Solid and Hazardous Waste,

Hazardous Waste Division, LR 10:200 (March 1984), amended LR

10:496 (July 1984), LR 13:433 (August 1987), LR 15:378 (May

1989), LR 16:220 (March 1990), LR 16614 (July 1990), LR

17:65B (July 1991), LR 18:1375 (December 1992), LR 21:266

(March (995), amended by tbe Office of Waste Services,

Hazardous Waste Division, LR 25:484 (March 1999), amended b

the Office of Environmental Assessment, LR 31:

Part VII. Solid Waste

Subpart 1. Solid Waste RegUlations /1

Chapter 5. Solid Waste Management System!

Subchapter B. Permit System for Facilities CI~sified for

Upgrade or Closure

§517. Permit Modifications

A. - A.l.a.ii.

b. All notifications of prop ed changes In

ownership of a permit for a facilit shall be done in

accordance with LAC 33:LChaptcr 19

2. - 4....

AUTHORITY NOTE: Promu1gat 8 in accordance with R.S.

30:2001 et seq., and in particular Se ion 2014.2.

HISTORICAL NOTE: Promt ated by the Department of

Environmental Quality, Office Solid and Hazardous Waste, Solid

Waste Division, LR 19:187 (February (993), amended by the

Office of the Secretary, L 25:661 (April 1999), amended by the

Office of Environment Assessment, Environmental Planning

Division, LR 26:2520 ovember 2000), amended by the Office of

Environmental Asses' ent, LR 30:2033 (September 2004), LR 31:

art IX. Water Quality

Subpart . The Louisiana Pollutant Discharge

Eli ination System (LPDES) Program

Chapter 2. LPDES Permit Conditions

§2701. onditions Applicable to All Permits

The ollowing conditions apply to all LPDES permits.

Additional conditions applicable to LPDES permits are in

Louisiana Register Vol. 31, No. 05 May 20,2005

LAC 33:1X.2703. All conditions applicable to LPDES

permits shall be incorporated into the permits <:ither

expressly or by reference. If incorporated by refe/nce, a

specific citation to these regulations (or the corr/sponding

approved state regulations) must be given in the Jferrnit.

A. - L.2....

3. Transfers. This permit is not tTa ferable to any

person except after notice to the st e administrative

authority in accordance with LAC 33:1. apter 19. The state

administrative authority may req' e modification or

revocation and reissuance of the per;rilit to change the name

of the permittee and incorporate sich other requirements as

may be necessary under the CVfJ.. or the LEQA. (See LAC

33:lX.2901; in some cases, Jl)6dification or revocation and

reissuanee is mandatory.) /

LA. - NA. ... /

AUTHORITY NOTE: ,Promulgated In accordance with R.S.

30:2001 et seq., and in p~icular Section 2074(8)(3) and (B)(4).

HISTORICAL NO:~: Promulgated by the Department of

Environmental QuaytY, Offiee of Water Resources, LR 21:945

(September 1995)< amended by the Water Pollution Control

Division, LR 2)'724 (June 1997), amended by the Office of

Envirorunenta~,Assessment,Environmental Planning Division, LR

26:2553 . vember 2000), LR 28:468 (March 2002),

repromulg ed LR 30:230 (February 2004), amended LR 30:1676

(August 2004), amended by the Office of Environmental

Assess ent, LR 31 :

Ch ter 29. Transfer, Modification, Revocation and

Reissuance, and Termination of LPDES

/ Permits

§2901. Transfer of Permits

A. Transfers by Modification. Except as provided in

C 33:IX.2901.8, a permit may be transferred by the

pe ittee to a new owner or operator only if the pemlit has

been modified or revoked and reissued (under LAC

33;IX. 03.A.2.b), or a minor modification has been made

(under C 33:lX.2905 and in accordance with LAC

33:l.Chapt 19) to identify the new pennittee and

incorporate eh other requirements as may be necessary

under the CWA d the LEQA.

AUTHORITY TE: Promulgated in accordance with R.S.

30:2001 et seq., and' particular Sections 2074(B)(3) and (4) and

2075.2.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, 0 Ice of Water Resources, LR 21 :945

(September 1995), amende by the Office of Environmental

Assessment, Environmental PIa ning Division, LR 27:45 (January

200 I), repromulgated LR 30:231 ebruary 2004), amended by the

Office ofEnvironmental Assessmen LR 31:

§2903. Modification or Revoca 'on and Reissuance of

Permits

A. -A.2.a....

b. the slale administrative aut rity has received

notification in accordance with LAC 3 ..Chapter 19 (as

required in the pemlit, see LAC 33:IX. 701.L.3) of a

proposed transfer of the permit. A permit Iso may be

modified to reflect a transfer after the effective date of an

automatic transfer (LAC 33:IX.2901.8) but wi not be

revoked and reissued after the effective date of the ansfer

except upon the request ofthe new permittee.

3.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2001 et seq., and in particular Section 2074(B)(3) and (B){4).
FISCAL AND ECONOMIC IMPACT STATEM.E;NT

FOR ADMINISTRATlVE RULES . /

RULE TITLE: Facility Name and Ownership/oPerator

Changes Process

H1STOR1C~NOTE: Promulgated by the Department of

Environmental t:\uality, Office of Water Resources, LR 21 :9;5

(September 1995)~\amended LR 23:724 (June 1997), LR 23:15-4

(Novembcr 1997),\~mendcd by the Office. of Enviro~~~ntal

Asscssment, Enviro~cntal PlannIng DIvISion, LR ~6.~283

(October 2000), LR 2'7~45 (January 2001), LR 28470 (March 1. ESTIMATED IMPLEMENTATION COSTS /SAVINGS) TO

2002), repromulgated LR'~O:23[ (February 20(4). amended by the STATE OR LOCAL GOVERNMENT UNITS (SuinmaIy)

Office of Environmental Ass~ssment. LR 31. There are no expected implementatiorv'costs or savings to

§2905. Minor Modifica~nsof Permits state or local governmental units by/the proposed Rule.

A. - A.3. ... \ . Department staff will realize some r~uetion in process and

4. allow for a change \in ownership or operatIOnal review time as a result of the proposeji' Rule.

control of a facility, in accordall,ce with LAC 33:LChapter n ESTIMATEDEFFECTONREVENUltCOLLECTIONSOFSTATE

h ORLOCALGOVERNMEN"fAL Ul)lfrs(summary) 19, where the state administrative.\~uthority determines t at There is no estimated effect/on revenue collections of state

no other change in the pennit is nec~sary; or local govermnental units brihe proposed Rule.

s.a. - 7. ... '\ h R S III. ESTIMATED LUSTS ANI)10R ECONOMIC BENEFITS TO

AUTHORITY NOTE: Promulgated in ''i!ccordance wit .. DIRECfLY AFFECTED PERsONS OR NONGOVERNMENTAL

30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4). GROUPS (Summary) /

HISTORICAL NOTE: Promulgated by i~e Department of There will be no y6sts and/or economic benefits to directly

Environmental Quality, Office of Water Reso(},ces, LR 21 :945 affected persons ,6~ non·governmental groups, however,

(September 1995), amended by the Office of\.Environmental regulated entities~ill realize areduction in paperwork as a

Assessment, Environmental Planning Division, LR 2,7:46 (January result in the ch;mge m process Implemented by the propcsed

2001), repromulgaled LR 30:231 (February 20(4), am~ded by the Rule. /

Office of Environmental Assessment, LR 31 : IV. ESTIMATEDEFFECT ON COMPETITION AND EMPLOYMENT

A public hearing will be held on June 28, 2005, t 1:30 (Summary)/

p.m. in the Galvez Building, Oliver Pollock Con ence The¢' is no estimated effect on competition and

Room CIII, 602 N. Fifth Street, Baton Rouge, LA 70 02. empiofnent by the proposed Rule.

Interested persons are invited to attend and s~b~i~ o\ll /

comments on the proposed amendments. Should mdlvlduals.\ Karen,i. Gautreaux Robert E. Hosse

with a disability need an accommodation in order to \ DepytY Secretary General Government Section Director

participate, contact Judith A. Schuerman, Ph.D., at the \ 0;,05#034 Legislative Fiscal Office

address given below or at (225) 219-3550. Free parkmg IS \;' NOTICE OF INTENT

available across the str~t in the Galvez parking garage when )\

the parking ticket is vabdated by department personnel at the / \ Department o~ Environmental Quality

hearing. / Office of EnVironmental Assessment

All interested persons are invited to submit written./ \\

comments on the proposed regulation. !'ersons commentinlf Financial Assurance Requirements

should reference this proposed regulatIOn by OS057. S1JCh ~LAC 33:XV.325 and 399)(RP039ft)

comments must be received no later than July 5, 200,1. at

4:30 p.m., and should be sent to Judith A. Schuerman,!h.D., Under t authority of the Environmental Quality Act,

Office of Environmental Assessment, R~ulatIOn R.S. 30:2001 et seq., and in accordance WIth the provIsIOns

Development Section, Box 4314. Baton Rouge, VA 70821- of the Adminiil ative Procedure Act, R.S. 49:950 et seq., the

4314 or to fax (225) 219-3582 or ~ye-mail to secretary gives n tice that rulemaking procedures have been

judith.schuennan@la.gov. Copies ~f t's propos~d initiated to amend e Radiation Protection regulations, LAC

regulation can be purchased by contactmg e DEQ Pub!Jc 33:XV.325 and 399 og #RP039ft).

Rec~rds Center at (225) 219-3168. Checkpr m~ney orde: is This proposed Ru is identical. to federal regulations

reqUIred In advance for each copy ofosif57. ThiS regulatIOn found in lO CFR 30.35 nd AppendIces 0 and E of Part 30

is available on the Internet at www.dc;4.1ouisiana.gov under (2003), which are app 'cable in Louisiana. For more

Rules and Regulations. / infornlation regarding the ~deTal requirement, contact the

This proposed regulation is avai)<lble for inspection at the Regulation Development Se~\ion at (225) 219-3550 or B~x

following DEQ office locatIons from 8 a.m. Lmtll 4:30 p.m.: 4314, Baton Rouge, LA 70821\l314. No fiscal or economic

602 N. Fifth Street, Baton Route, LA 70802; J8~3 .Hlghway impact will result from the propo d rule; therefore, the Rule

546, West Monroe, LA 712~2; State Office BUlldmg, 1525 will be promulgated in accordanc with R.S. 49:953(F)(3)

Fairfield Avenue, Shreveport, LA 71101; 1301 Gad~all and (4).

Street, Lake Charles, L'V'70615; 201 Evans Road, Bulldmg Two new paragraphs and two app ndices are added to

4, Suite 420, New Orleans, LA 70123; JII New Center Louisiana's radiation regulations to irror the federal

Drive, Lafayette, L.y10508; J10 Barataria Street, Lockport, regulations for financial assurance. The oLmts of financial

LA 70374/ assurance required for decommissioning by e Iic~nsees are

also being increased to mirror the federal re ulatlOns. The

Wilbert F. Jordan, Jr. department needs to increase the amounts f financial

Assistant Secretary assurance required as suggested by the Nuclear egulatory

Commission because the amounts previously specified in the

15'7 Louisiana Register Vol. 31. No. 05 May 20, 2005
CAPITAL CITY PRESS RECEIVED

JUN 03 L005

Publisher of

THE ADVOCATE

lOEQlOSEC!lARD

IlfllULATIOH.D£VliOPMEHT SECTION

PROOF OF PUBLICATION

05113/05

Sworn and subscribed before me by the

person whose signature appears above:

_l

58

6565

ite

3076710

S ngley, Notar Publ c,

i5sion Expire' de

Baton Rouge, Louisiana

Susan!ti?:bdPu~\1 . us, IC otlces . erk

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 tho State of Louisiana,

the City of Baton Rouge,

and the Parish of East Baton Rouge,

in the following issues:

Pegee

My

Q May 13. 2005

/

.

DEQ - REGULATION

REMENDER WEATHERSPOON

PO BOX 4314

BATON ROUGE LA 70821-4314
JUN 032005

RECEIVED

lDEQjDSECfL,IRl)

REGULATION. DEVElOPM[Nl S[CTION

til is

LEGAL AD DEPT.

~·Jf~c7I

~ff~7

T~··~ E rl E\V::;-'~1T/\ l·~

MONr~OEl LOUISI/'tN;\

pr~OOf1' . - - OF- !~UGLfCA~TfCH-j

PubJ:shcu in MUlliN', LOIJisi:HlJ.

The: hc/'clO ;dLicfJnl ;ld\'CiliSClllCnf

W:tS pu/)li:;l!cd ill the NE\VS-STA f(

Sworn 2nd subscribed before me by

Monroe. LA May 20, 2005

Wilbert F. Jor· dan, Jr. Ae"I"mltt Seerelary

~~lti;g....T;...~iea;er -~ot-,ilc'at1on

proceaures for the regulated

community.

This proposed rute meels an. e)tception Ua1ed In R"S.

3()'2019(Oll\2) and R.S.

49;9~G)(3; t""refD"'. no reporl regarding .nvlronmentalloeallh bIlnefitt; ",d sociaVeconomlc coats is required. Thi~ proposed

rute has no known 'rrypact on famlty formal ion, stability. and autonomy as doscnbed 10 R.S.

4l:~~~uc; heating will be h~\d on

June 28, 2005, at 1;30 p.m. on the Gal_ Building. Oliver Pollock Con'......nce Room C Ill, 602 N. Fifth Slrll9t, Balon Rouge, LA

Tn~~~ t~~t;;:d~cl':b~~ o~~ comments on the proposed amendm&n!l;. Should indivillu·

a1s with a disability n&eel en ac- commodation in order t'? ~arb::;-

~~~erm~~~tp~~o .. J~d~:hB a~~~ dress given below or at (2251

21 S·J550. Free parking IS avalla· ole .i!cro&s 1he stutet 10 the

3alv6Z parking ga~ge when 1hf larking ticket 1& validated by de-

)Brtment personnel at Ihe nearnA't interested persons am invit~ >d 10 ""bmit written comments )n the proposed r"gulalion. Persona commenting ShOuld refer· one" this ~ropoO&d mgu'ation by 0$051. SUch comments must be reC8I\1ed no later than Juty 5,

2005, at ~:30 p.m., and stloulo

bIl sent to Judllh A. ~uerman,

Ph.D., Offiee of Env.lronmenta5 Il8aeSSmenl R"lIYlallOn Devel· opmlJ<1t Section, Box 4314, Bat- on Ro l LA 70821-431~ or I~

tax <19-3582 Of b .e-mail

10

~t~an be '~.f'rcl'.ased ~n= lactlng the DEQ Public Recorns

C.."ter at (225) ~19-31~. 9h&ck or money order ,s noqwred In ad- vanee lor each copy of OS057. This regulation is available on the Internel·. al

m=~ouI9Iana.gl1v under u egu alJOns. This propoS&<! rellulatlon is avaihlble for inspection at. the following OEO oftice focallons

~"'~Jhatt're~t"'lki~ ~o~~e,~ 70802; 1823 Highway 546, West MDOrOe, LA 71292; State Office

Building, 1525 Fairtield Avenue. Shreveport, LA 7110.'; 1301 i Gadwall Street, lake Charles. LA I

70615; 201 Evans Road,Building 4 SUite 420 New Orleans, LA ,

70123: 111 New Center Orive,lsial'atul'e ::l[)[JCJrs 3bO'l'e inl\-1onl'oe LA. Oil l8lay..tte, LA 70508; 110 :>' , ' .

Barataria SITeel, lockport, LA 70374.

tpartrn.,.t of Environmentat Q....11tv OffIce cf Environmenlal Auea_nt

:1I1ty Name a!WI Own.,. IIlIOperator Chan"". ProcIe• 33:1.1901, 1903, leos,

07, lS09, art<! 19111111,00°1

7, Bnd ~21; V,32' B_

03, VII.Ot7; Bnd ,)(.2701

r~lb 2903, Bnd . 29001 'der the authority of lhe Envi- ,mental Quality Act, R.S. 2001 at seQ., and in accord-

:::e with the provisions of the mfnis~atj\le Procedure Act,

,.49;950 et seq., tho secretary es notice thai rulemaklng pro- jures have b&en inlliBlell 10 ft'lnd the Enykonmental Ouali- ,o9u1al,ons, LAC 33:1.1901,

03, 1905, 1907, 1909. anll 11; /11.505, 517. an<l521; V.321 d 4303; VU.517; and 1)(,2701. 01. 2903, and 2905 (Log S057).

liS rule wilt provide a umfled, 8amUned process for name or

'nen;hipioperBlor chan!!"o al ;illtie& under the PUrview of , air, lPDES, hiUardouo ;ste, alld solid waste regula- 'J programs. The depart. mt's re~engineering resulted In ,

, creation of a single "nlily 10 ndle name or owner.. ip/op"rator changes. The lvernor's Environmental Task

rce recognIZed that tile reg.... ory proceSS6I; for these anges were cumbersome for

~h ~: ~~~:~~e~~m~ """"..e, ttle task lora> rtlCom· ."ded thaI the department

,ate a st"",mlin&d proceso I'"

t~~~~ag~~~ ~~Jer~s~~~aOgc;~~ -1119 adOressed in this pro- -sed rule afld deals with only

.(r",rted media tacilities, The

cond slage will adllr"". haz- jous and sohd waSle genera· and other mrs.ceUaneo\J$.

~~~~~~s ~~ :r~S:~ :~~~i~~:

NOTICE OF INTENT

59
RECEiVED

NAY 24 Z005

221 JEFFERSON STREET

LAFAYETTE, LA 70501

Acadiana's Daily Newspaper

THE ADVERTISER

LDEQIOSEC/l..ARO

REGUlATION OEV£LOPIWfi SfcnON

PHONE: (337) 289- 6300

FAX: (337) 289-6466

AFFIDAVIT OF PUBLICATION

LDEQRD

07530880

$90.00

15

Remender D. Weatherspoon

Department of Environmental Quality

OEA/AQAD/Regulation Development Section

P. O. Box 4314

Baton Rouge, LA 70821-4314

Account No.:

Ad Number:

Ad Total:

Ad Inches:

Reference No.:

"To insure proper credit please refer to your account number

andlor ad number when making paymenl Remittance address:

P,O, Box 3268, Lafayette, LA 70502·3268

I, ROSE PENFOLD, do solemnly swear tt1at I am the LEGAL CLERK of THE ADVERTISER,

a newspaper printed and published at Lafayette, in the Parish of Lafayette, State of Louisiana, and

tt1at from my personal knowledge and reference to the files of said publication, the advertisement of

NOTICE OF INTENT

Department of Environmental Quality

Office of Environmental Assessment

Facility Name and Ownership/Operator Changes Process

c._AC 33:1.1901,1903,1905,1907,1909, and 1911; 111.505, 517, and 521; V.321 and 4303;

VI 1.517; and IX.2701, 2901,2903, and 2905} {OS0571

was published in THE ADVERTISER on the following dates:

*Thursday, May 12, 2005

Sworn to and subscribed before me this day of May, 2005.

, (', f\ I \ ",-./. -.. i \ .J.-/ \ ; L. 0.·- • , .....

\ \l" <\) -<~:- .J;}:.\'.C) , , v .. t.) l 1. LL_.__ NOTARY PU BLIC

60
07530880

NOTICE OF INTENT

Department of Envlronmental Quality

Ollice 01 Environmental

AssP5smen1

FacHi1y Name and OwnersMp/Operatof

Changes Process

(LAC 33:1.1901, 1903, 190_~, 1907, 1909/ and

1911; 111.505, 517, and 521; V.321 and 4303; VI 1.517; and IX.2701,

2901, 2903, and 29(5)

(05057)

Under the authority of the E;::nvil'Onmen1al

Quality Act, R.5. 30:2001 et !>eq.# and in

accorderlce with the

provisions of the Ad·

minlstrative Proce·

dure ACt, R.5. 49:950 et seq.. the secretary

gives notice that rule'

making procedur~s

have been initiated to

amend the Environmental Qualify regulations/ LAC 33:1.1901,

1903, 1905, 1907, 1909, and J911; 111.505. 517,

and 521; V.321 and 4303; VII.S17; and IX.2701, 2901, 2903, and 2905 (Log #05057) .

This rule wjJI provide

if unified, streamlined process for name or ownership/operator

cnanges at lacilities under the purview of the air, LPDES. hal' an::Ious waste, and sol· id waste re-gutatory

programs. The de' par1ment's re-engi·

neering resulted in the

creation of

a single en~

tity to handle. name or awnershipJopera1or

changes. The Governor's tnvironmentaJ

Task For-ce recognized

that the regUlatory processes for these

changes were cumbersome for both the regulatea communlfy and the department's staff. Therefore, the task force recomm"nded Ih at the de' partment create a streamlined process for all media. The project will occur in

two stagE's. The first stage i.!. being addressed in this pro- pos~d rvle and deals

with onty Rermit1ed

media facilities. The

second stage will ad- dress hazardous and

solid waste generators and other misce.JIane-

. ous programs. The

basis and ra1jonale for this rule are- to allow a

unified procedure for all media resulting in

cleaner notification procedures for the

regula

1ed community.

This proposed rule

me-E'ts an exception listed in R.5. 3O:2019ID)(2) and R.S. 49:953(G)(3); there· fore. no report regard·

ing environmental/ health bene-fits and social/economic costs is required. This proposed rUle has no Known impact on fami· ry formation, stability, and autonomy as de- scribed in R.S. 49:972. A public hearing will be held on June 28,

2005, at 1:30 p.m. in the Galvez Building, Oliver Pollock Confer·

"nce. Room Clll, 602 N. Filth Street, Balon

Rouge, LA 70602. In' terested persons are invited 10 at1e-nd and

submit Oral commen1s

on the praposed

amendments.. Should Individuals with a disabiliTy n~ed an accommOdation In order to

participate, contact

Judith A. Schuerman,

Ph, D., at the addr".. given below or at (225)

219'3550. Free parking Is available across The

street in the Galvez parking garage when

the parking ticket is valida fed by depart· men' personnel at the hearing.

All Int"rested per· sons are inVited to

submlt written com·

ments on Ih" prOPOsed

regulation. Persons

commenting shOUld

reference this pro· posed regUlation by

05057. Such com' ments must be re·

cei"e~ no later than July 5, 2005, at 4:30 p.m., and should be sent to Judith A_

SChuerman, Ph_D., 01· flce at Environmenlal

Assessment, RegUla- tion Development Sec,

tion, Box 4314, Balon

Rouge, LA 70821-4314 Dr to FAX (225) 219· 3582 or by e·mall to lu

, dith.schuerman@la.go

v. Copies of This proposed regUlation can be- purchased by contacting the DEQ Pub· lic ReCords C~nter at

(225) 219-3168. Check or money order is re· quired In advance for

each copy of 05057. This: regUlation is

avall"bJe on the InJernet at WWW.deq.loujs~"

ana.gov und.er Rules

and RegUlations.

This proposed regulation is available for inspection at the foUow'

Ing DEQ office loca· tlons from B a.m. until

4:30 p.m.: W2 N. Fif1h StreeT, Baton Rouge.

LA 70602; 1623 High· way 546. W~ST Monroe,

LA 71292; State Office Building, 1525 Fair·

Held Avenue. Shreve- port, LA 71101; 1301 G.<Iwall Stre"f, Lake Charles, LA 70615; 201 Evans Road, Building

4, Suite 420, New Or' leans, LA 70123; 111 New Center Drive, Lalayette, LA 70508; 110 Bara1aria Street,

LOCkport, LA 70374. Wilben F. Jordan, Jr. AsSIstant Secretary

61
RECEIVED

3800 HOWARD AVENUE, NEW ORLEANS, LOUISIANA 10140-1097

MAY 17 Z005

LOEQlOSEC/l),RD

REGUlJ.TION. DEV£l.OPMENT SECnON

TELEPHONl: (504) 826<~206

A I-'ublic htar;r')g will b~ .l'1e:d Dil

June 28, 2005, at 1:30 p.m. in the- Galvez Building, Oliver Pollock Conler~Rc(l Room Clll. 602 N Fi"h S!ree-I, Baton RouQe, LA 70&02. Intere\ted person~ Hoi! inyited '0· allend lind submIt -oral commenl~ pn lhe pr~poscd

amendments. Should mdrviduah with a di~ability !1Hd an accomrnodation in Drder I.e participa1e, conlad Judah A. Schuerman, P.t1.D., al IhE addrl'u ~Ivl:'n below 01" at (22S) 219·3HO. Free parll;io\i' is Cl"airable aCr05$ the slreel In Ihe-

~:~k1~:~~~~n:1 ':(~~'iJ:s~~~ t~: <1e-parlmenl per~o"[let al Ihe tlearil1g.

All inlerest..d persons are lnviied °To scbmft wrill~n cc.mmenls: on Ine pro pond

regulation. Persons commenting

r

's.hol1ld reference thIs pr.pll-o!red re-gulallon by' OS057.·SUc.h comments must be re-cE-lvE-d no laler Ihlln Julv 5, 2/JG~, al 4:30

~u~i{h aA~ ~~~~~~mba~,S~~I.d~ OHice 01 Enl/ironmenhl Assessment, RegUlalion Dt!Hlopmenl Seclion. Box .31.4

, ~a'FAfo(ri~, l~,;~03~J24~~4 b; I ; tn II i I I 0

ludl!h.scnuerma.n(,j la,goy. (OPIU 01 lhis propoted

"

regulation can bE" purchj!lsell by conlinfing the DEQ Public Records Center DI {2B) 119-JI6!. ChKk or ·money order is reQuired In advance for each I copy 01 OSD57. Thh reliJulalio" is available on Ine 'nternef af WWW.dfq.loUbllflj!l·,SJOV UPlQ't'r Rule$ ~nd ReguI8B~ns: :

Ttlls I-'rOPos-ed ,re91,1latio~ i.!o

available for Illspeclian at Ihe fDlIowin~ DEQ Dfflce locarJoo'S- trom 8 a.m. unlil ,(:30 p.rn: 601

I

N. Fifth Slretl.. Bat¥l Rooge, LA

U':g;~.~apA Hfrr9~,·~I;I:' o~r:;

r~~~~:p(Jln5 E~r~llrotvel~~ef

Gadwalr Sirnt, lake CDlItles.' LA 70615; 101 Evans Road, Building -4, Suire 420, Hew Or'e(ln~, LA 10113; 111 N.ew

C..nler Drive, LahYelle, LA 70S0Sj 1\ll' aillr alarla ' Slr"'el,

Lod.pDrI, LA 70314, .

Wilberl F. J.ordan, Jr. A~s;slanl Secrelary

Parish of Orleans

May 12, 2005

On the following dates

13th.c- _

RE:Notice ofIntent facility name & ownership/Operator

Changes Process (OS0057)Lac 33:.1901,1903,1905,1907

Advertisement of Dept Of Environmental Quality _

P.O. BOX 4314

Baton Rouge, La. 70821-4313

Was published in The Times Picayune

State of Louisiana

City of New Orleans

Persona] ly 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 ofThe Times-Picayune, Daily and

Sunday, of general circulation; doing business in th,~ City

ofNew Orleans and the State of Louisiana, and that the

attachedLEGAL NOTICE

\

-NOTICE O~ INTENT

be""rlm@/'tfat

En~ironmentill Qu~l1h'

Offic@ of Environmenltll Assessmenl

F"c.~i1y Nanl'" lind OWnI;'fshlp/ Operator ChanQ'lls Procen

l~~ ~J ml; IIr.l65~9J'h. ~~~.

S1~~7~r 1~.~. ~::Jl~)' (OsW)

Utloer Inf!' i'lulhorl'v 01 I h~

Environmental Ql.lalilv At!, R.S.

30~ZOD' el seq., i'lnd in ar.CQ.n;!cltllf: wilh lht provlsiom of. Inl Adminhlrafi~e Procedure ; Act. R.S. 49:95D ~!1 UQ., lht'

H'crE"larv gives noliee Ihal rlilemar.Jng prondures have been inilfated to am('n~ thE' Envir~nmenlal Qualily r~9ulatlon~, LAC 33:1.1901, l~OJ

m5. 19&7. 1909, Md 1911· 1/1 50\' 511, and 511; V.lll and liv3~ VI!.S 17; and IX.2701, 2901; ?'I03' and 19fJ5 (1.0••OsaS7J. .

This rule vtlll provide a unitied, . slreamHn~d process for name or

I

·owner:.tl;p/operalor chan?e! ill f~cililie~ under the pun' lew of rhe air, LPDES, haZbrdoul ...... asl~, and solid wash,

reoulalory programs, The departmenl's re·englneerlM ruulled in the crnlion of b

~ingle enlilY to handje name or ownerl.hip/openlor chan~es..

Tht' Governor'! EnI'ironmenhl T,ulI; Force r~c09I"1j[ed /l-1ar 'he reotJlalon processes lor Illese eh/lnges Wi're cumbersome- lor both the rtli'ula led c-ommolnHy and Ihe departmenl's staff. Th.erefore, the lask force re-comrnendl!Cl: Ihilll Ihe departrncnl c;reale a slreemlfned prcceu fpr all media. The profect will occ;ur in Iwo stages, The first s'itae it being addressed in this proposed rule and dull wit:h'· Ol1ly perrnll1ed media fadljll~". The second shu will addreu haUrdous lind solid wHte generalors bnd olhe-r miHeHaneous tJr09rams. The- b,u.is and ",alionale tor I~is ruJe

fur' ;~ ~~d~a 8re~~\~~ f~Oc1:~~~i noliticalion procedUres for the reli'ulliled commlJnily,

I This proposed rLlje meeh all

no'plion Iisled ill R.S. 30:10191Dl12l and R.S.

~~/~30(~)"J)~ raerro~el nn:

enl'ironmefllal/heallh benefils j!lnd ~odaUeccnomjc c050ls is. reQuired. Thi~ proposed rule has no ""own irnpacl orr fi!lmily form;,lion, stability, and . aUJtmomv a, described In R.S. . 49:971.

-~--~ ••-~------

62

Notary identification number 23492
The attached Notice was published in said newspaper in its issue(s)

dated:

00165663 - $48.00

May 18,2005

Before me the undersigned authority, personally came and appeared /)

I"~ . /J /! . Ck-{'<{:t: £/dC/Qfl><--/

who being 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)

MAY 24 Z005

RECEIVED

lDEQJlJSEC/LARD

REGULATION DEVQOPM£IlT S£CnON

STATE OF LOUISIANA

Parish of Calcasieu

Duly Authorized Agent

Subscribed and sworn to before me on this 18th day of May, 2005 at

L>keCh";~

~-r---"'~~. __~----r' ----=:f/.-f~----'-'---=-/J1{L------""-&:_=___rr4r~.)£-4---'----". i1~L~~_ 19100876 ~tary PublIc

LA DEQ Gwendolyn R. Dugas

#056523

Affidavit of Publication 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 en· vironmental/heolth

benefits and sociol/eco- nomic costs is reQuired.

This proposed rule tlas

no t,nown impact on family tormotion. stobil·

;fy, ond autonomy os de·

scribed in R.S. 49:972.

A public hearing will be held on June 28,2005,

at 1 :30 p.m. in the

Galvez Building, Oliver

Pollock Conlerence

Room Cll1. 602 N. FiHh

Street, Bafon Rouge, LA

70802. Interested persons are invited to attend', and submit oral

comments 'tin th~ proiJosed amendments.

Should individuals with

a disability need an occommodation in order to

participate, contact Ju·

diih A. Schuerman.

Ph.D .. of ttle address

given below or at (225)

219-3550. Free porking

is available across the

street jn the Golvez

parking garage when

the parking ticket is validated by department personnel at the

hearing, ,"

All Interested persons

are invi1ed 10 submit

wri1ten comments on

the proposed regulation.

Persons comment"jng

should refer~nce this

proposed regulation by

05057. Such comments

must be recei ved no

laler than July 5, 2005, at

4:30 p.m., and should be

sent to Judith A. Schuerman, Ph.D.l Office of

Environmehtal Assessment, Regulation Development Section. Box

4314, Baton Rouge. LA

70821·4314 or to FAX

(225) 219-3562 or by

e-mail to juditn.schuerman@la.gov. Caples 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 odvance for

each copy of OS057. This

regulation is avai lable

on the I nternet at

www,deQ.louisiana.Qov

under Rules and Regula~

tions.

This prOpOsed regulation is available for ;n~

sDection at the following

DEQ Office locations

1rom S"a.m. until 4:30/

p.m.: 602 N. Fifth

Street, Baton Rouge, LA

70802; 1823 HighwaY 546,

West Monroe, LA 71292;

State Otfice Building,

1525 Fairfield Avenue,

Shreveport, LA 71101;

1301 Gadwall street,

Loke Charles, I_A 70615;

201 Evans Road. Build· ing 4. SUite 420, New Orleans, LA 70123; 111 New

Center Drive, Lafoyette,

LA 70508; 110 Barataria

S t reel, Lock.port, LA

70374.

Wilbert F. Jordan, Jr.

Assistant Secretary May 18 11

OOJ~

Le90ls 1800

NOTICE OF INTENT·

Deportment of Envl·

ronmental Quality. Office of Environmental

Assessment. Facility

Nome and

Ownershil'VOperotor

Changes Process

(LAC 33:1.1901,1903,

1905, 1907, 1909, and

1911; 111.505,517, and

521; V.321 and 4303;

VI1.517; and IX.2701.

2901, 2903, and 2905)

(05057)

Under the authority at

the Environmenfal

Quality Act, R-S. 30:2001

ef seq., and in Decor·

dance with the provisions of the Administrative Procedure Act, R.S. 49~950 et seq., the secretory gives notice Inat

rulemaking procedures

have been initiated to

amend the Environmen~

tal Quality regulations, LAC 33: 1.1901. 1903,

1905. 1907, 1909, and

1911; 111.505, 5i7. and

521; V.321 and 4303;

V11.517; and IX.2701.

2901, 2903. and 2905 (Log

"05057),

This rule will provide

a unified. streamlined precess for nome or ownershiP/operator

changes at facilities un·

der the purview of the

air, LPDES, hazardous

waste. and solid waste

regulatory programs. The department's re-en·

gineering resulted In the

creation Of a single en- tity to handle name or

ownership/operator

changes. The Governor's Environmental

Task Force recognized that the regulatory processes for these changes were cumbersome for both the regulated community and the departments stoft. Therefore.

the task force recom- mended that the department create 0 stream- lined process for all media. The proiect will occur ill two stoges. The

first stage is being addressed in this proposed

rule and deals with only

permitted media facili·

ties. The second slage

will address hazardous and solid wQste generators and ofher miscellaneous programs. The

basis and rationale for

this rule are to allow a

unified procedure for all

media resulting in

cleaner notifkaHon procedures for the regu- lated community.

63
NOTlCE Of INTENT

May 12, 2005

Before me, the undersigned authority, personally came and appeared

RECEIVED

lOEQjOSEC/lARD RrGULAHOPI O[VElOPMEHT SECTION

MAY 17Z005

personally known to me,

(Notary)

(Signed)

'" !'~:A W. BARBER, NOTARY PUBLIC II 60491

CADDO PARISH, LOUISIANA

MY COMMISSION IS FOR LIFE

Altheas Critton,

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:

STATE OF LOUISIANA

PARlSH OF CADDO

00000

PROOF OF PUBLICATION

Sworn to and subscribed before me this 12th day of May, 2005

NOTICE OF INTENT Department ofEnvironmental Quality Office of

Environmental Assessment Facility Name and Ownership/Operator Changes

Process (OS057)

Department of Environ·

menlal Ouality

Ottice 01 EIMronmenlal

Assessmem

raCilify Nome and

Ow nersh IplOperalor

Changes Process

(LAC 33:1.1901. 1903.

1905. 1907. 1909. and

1911; 111.505, 517. anrt

521: V.321 and 4303;

VI151?: and IX.2701.

2901, 2903. and 2905)

(0$057)

..Under the au1hority of

I~e [nv1ronmllnlal Quality Ac1, R.S. 3O:2()()1 Al

seq., and in ac(;ordance

w~h the provisions of lhe

Administrative Proceduro Act, R.S. 49:950 et

seq.. the secretary gll/es

nolice Illat rulemaklng

procodurea haVtl. been

inilillted to amend the

Environmenlal' Quality

regulations, LAC

33:1.1901, 1903, 1905.

1907, 1909, and 1911;

111.505, 51?, and 521;

V.321 and 43()3; VII.517;

and IX.2701, 2901,

2903, and 2905 (Log

#(5057).

..This rule will provide a

unHied, streamlined

process for name or

owners hip/operator

changes at lacililies lJOder tho purview of the

air. LPDES, hazardous

waste, and solid waste

regulatory' programs.

The department's reongineering rosu~od in

the cmBhon of a SIngle

entity to handle name or

ownors hiploperator

dlaoges. . The GOVOfoar's Environmental

Task FOIOO recognized

that the regulatory processes lor these Changes

were. cumbersome for

both the r9gulaled com- munllyand·lhe department's slalf. Therefore,

the task force recommended that the oopart·

ment Clcale a streamlined process for all media; The project will oc-

. cur in two stages. The

, firsl staQ6 is being addressed In this proposed

rule and deals with only

permil1edmedia facili·

I.iss. The second slage

will addrtlSS hazardous

and solid waste Q6OOrators and other mlsoella·

ne0US programs. The

basis aM rationale for

this nJle are to allow a

unilied procedure for all

media resutting in elean- or notffic'lfion procedures for the regulated

community.

.. This proposed rule

meets an exception listed in R.S. 3O:2QI9{D)(2)

and A.S. 49:953(G)(3);

thereflxe, no reporl regarding

environ me nta Ilhea!lh

benefits and

sociaVeoonomic costs is

required. This proposed

rule has no known impact on family formation,

stabilitY. and autonomy

as dEtScribed in R.S.

49:972.
65

..AJ'Ub/iC /learing will be

hoi on Juna 28. 2005.

al 1.30 p.m. ,n Ihe

GeNOl BUilding. OlIVer

Pollod< Conference

Room C111. 602 N. Fifth

Sirool. Balon RoUge, LA 70802. Inwrested pet·

sons ate irlVited to al·

I lend and subm~ oral comments on the. proposed amendments.'

Stlould IndMduals wittl

a

disability need an' ac·

commodation in ordllf to

participate, oonlact JI)-.

dllh A. Schuerman,

Ph.D.. at t\lo address

given below or al (225)

2,~3550. Free parlling

is available across the

slraet in lhe Galve,

parl<lng garage when too

parl<ing ticket is valldat·

ad by departmenl per·

sonnel at the ooaring.

..All interested persons

are invited to submH writ·

len commants 00 the

proposed regulation.

Persons oommenling

sllould rela<enee 1his

proposed regulalton by

OS057. Such commoots

must be received no Jal·

er than July 5. 2005, al

, 4:30 p.m., and should be . sen! to Judith A.

Scl1uennan, Ph.D., Of·

flCe 01 Environmental Assessment. Regulation

Development. Section,

Box 4314, Balon Rouge,

LA 70821·4314 or to

FAX (225) 21~3582 or

by e-mail 10

Judrlh.schuennen@la.go

v. Copies at this proposed regulation con be

plJlChased by contacting

. the OED Public Records

Cenlar at (225) 219-

3168. ChecI< or money

: order is required in advance for aach copy 01

05057. This regulation

is available on the Inlet· nel . at

www.deq.louisiana.gov

under Rules and

Regulaijons.

..This' proposed regula·

tion is available tor in·

spection at the lollowing

DEQ office localions

'rom8 a.m. unlil 4:30

p.m.: 6{)2 N. FlNh

Stroot, Baton Rouge. LA

70802; 1823 Highway

546, West Monroe, LA

71292; State OffICEl

Bu~ding, 1525 Fa;mekl

Avenue, Shreveport, LA

71101; 1301 Gadwall

Street. Lake Charles, LA

70615: 201 Evans Road,

Bu"ding 4, Surte 420,

New O~eans. LA 70123:

111 New Centa! Drive.

lalayeNe, LA 7lJ508;

110 Barataria Street,

Lockpor1, LA 70374,

.. Wilbert F. Jordan. Jr.

.. Assislanl Secretary

The TImes:

May 12, 2005
RECEIVED

MAY 242005

AFFIDAVIT OF PUBLICATION

LDfQIOS[CIU.RO

REGULATION OfYELOPMEHT SECTION

( A Correct Copy of Publication) I, Linda Ward, Call Center Supervisor

NOTICE OF IriTENT

Dep,artmenl of Erwironmemal Quality

Office of Environmental ASW55meot

Facilitv N""", and OWJle<ship/0Pcrator

O1anges Proc:ess (LAC 33:1.1901, 1903,

1905, 1907. \909 and WI1; 11I.505. 517 and 521; V.321 and 4303; VIJ.517; "nd 1X.2701. 29m. 2903, and 2905) (050571

Under Itle "u1llorily 01 Itle Environmental Quality Ad. R5. JIl:2001 et seq.. "nd in accordance· with the provi- sions of Itle Adminis!nltlve PrOcedlJl"e tv.:I, R.S. ~9:9SO

et >eq., Itle secretary gives noIi<:e mat nI""""king procedures have been initialed to amend the Environmental QOilljly reg- vlaHons. LAC 33:1.1901, 1903. 1905. J967. 1909. and 1911; f1t.50S.· !il7. and 521; V.321 and 4303;" VIl.517; and IX .7701. 2901. 2903, and 2905 (Log 1105057).

This rule will Provide a vnified. streamlined process for name or

own er shi pJ OPer ater d'lClOgeS" at facilities under 1'he purv,ew of the air',

LPDES, hazardous waste. and solid waste regulatory

programs. The dePart- ment's re-engineering

resulted in the crootion of a

single entity to handle name or 'ownershIp/opera- tor cliallges; The Go"""",,'$ Envitonmenlal Task Force recognized that the regulalory processes lor these changes were cum- bersome tor roth the re<JO- latcd community and the

deparlmenf'S start. Th....efore. _ I.slr. lorce

re""mmended that the department create a

streamfined process for all media. The project will OCQJr in two stages. The first stage i$ being

a(!dressed in this proposed rule and deals wiffl only

permitted media lacilit"". The second. stafJe will address hazardous and solid waste generators and other miscellaneous prlr grams. 11l<l tJiosis "nd raliMale ror this rule are to allOW a unified procedure for all media resumng in cleaner notificatiC>n pnJCe'"

dOTes IQr ltIe regulated

community.

This proposed rul~ mee1s

an excep1ion "s1~ in R.S. JO:2CI9ID)12) and R.S. 49:9S3(G)I]); therelt>re, no rePOrt regarding cnvironmental/hMIth l>enefils and sociaUeconomic costs is.

reQuired. This proposed rotc has. no known impact

on lamily formation, stabil- ity, and "utonomY as described in R.S. 1fI;972.

A public hearmg win be

held on June 28. 2005, 0'1 1:30 p.m. in the Galvez Building. Oliver Pollock COnference Room Clll. 601 N. Fi"h Street. Baton

Rouge, LA 70602. Interesled

persons are invited 10

affend and submit 0'01

comments on if1e prlJllOsed amendments. Shou~d inertvidual!; with a disabilitY

need an accommodatiDf1 in order to particiPate. contact Judith A. Sclluerm"n,

Ph.D., al I"" address given belOW or at (225) 219-J!>50. Free par1dna Is Ctwitable

across lhe street in fhe Gafvel parking gar""a~

when Itle _king tid<e1 is validated by depar1ment pen;onnel at the hearing.

All interested Persoos ate invited to submit wri~n

comments on the ProPOsed regUlation. Persons cotn~

menling should refefence this proposed regullition bY'

05051. Such cumments must be rea>ived no I"",,"

1l1an July 5, 2005. at 1t3O p.m.. and shoul(l be sen! to Jvdilh A. Schuerman,

Ph.D., Office of

Environmen1al Assessment,

Regulation Development Section, Box 4314. Balon Rouge, LA 70821-4314 or to FAX (225) 219-3582 or bv e-mail to iudith.schuerman@la-gov. a;",;". of

this propOsed regulalion can be purcl1ased bv ron- lading Itle DEG Public Records Center at GllS}

219-3168. CI>ed< Of m<VleY

order is required in

advance~Jor. each copy 01

05051: This regulation is .vailab.., on the Internet at www..deq.louisiana.gov uoder Rules and Regulalions.

This Proposed regulation is available for inspection at the following DEQ officr .ocations from 8 a.m. until

4:30 p.m.: 602 N. Fifth S'reet... BafOf1 Rouge. LA 7(J/J(12; 7823 H'lllhway 546. Was! Monroe, LA 71292: Slale OffICe Building. 1525 Fairfield Avertue~

Shreveport. LA 71101; 1301 Gadwall Street, Lake

Charles. LA 70615; 201 Evans ROitd. Duitding 4. Suite 420, New Orleans, LA

70123; III New Center Drive, l.afavette. LA 705l)8; llC Barataria Slreet, Lockoort. LA 70374.

WILBERT F. JORDAN. JR.

Assistant ~re'ary

IS) 1&

of THE TOWN TALK, published at Alexandria,

Louisiana do solemnly swear that the

Public Notice

advertisement, as per clipping attached, was

published in the regular and entire issue ofsaid

newspaper, and not in any supplement thereof

for one insertions commencing with the issue

dated May 18, 2005 and ending with the

issue dated May 18, 2005.

Subscribed and swam to before me

66
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

1445 ROSS AVENUE, SUITE 1200

DALLAS, TX 75202-2733

jUN 2 7 200S

LaDept ofEn'! ,?uality

oEAJBx.ecutlVe

,JUN 22 2005

RECEIVED

Mr. Wilbert F. Jordan, Jr.

Assistant Secretary

Office of Environmental Assessment

Louisiana Department of Environmental Quality

P.O. Box 4314

Baton Rouge, LA 70821-4314

RE: Facility Name or Owner/Operator Changes Proposed Rule (OSOS?)

Dear Mr. Jordan:

Thank you for the opportunity to review and provide comments on your proposed

changes regarding facility name or owner/operator changes. We provide the following comments

to assist in assuring that your final mle will be consistent with the requirements ofthe Clean Air

Act (Act) and our regulations promulgated under that Act. Please note that the following

comments represent those ofthe Environmental Protection Agency (EPA) Region 6 Air Permits

Program. Other program media may provide separate comments.

1. Section 1901 should define the scope of "air permits" and as to which ones

the draft rule will apply.

2. In § 1901, the terms "administrative amendment" and "minor modification"

are not defined in the draft rule. Ifthese tenns are defined elsewhere, there

should be reference to this in the Applicability section. This appears to also

be the case of "financial assurance" in § 1905.

3. The teon "administratively complete" lacks reference to an existing section

which specifically defines "administratively complete." Specifically, you

should include a cross-reference to any existing provision which defines the

term "administratively complete,"

4. Proposed revisions to § 505(O)(1)(e). This Section currently provides that

when there is a change in the owner or operator (at an acid rain source), the

new owner or operator must submit a new celiificate ofrepresentation to

LDEQ within 30 days. The proposal would replace this provision with the

Internel Address (URL) - nttp:l/www.epa.gov/earth1r5/

Recycled/Recyclable - Printed with Vegetable Oil Based Inks on Recycled Paper (Iv1inimum 30% Postconsurner)

67
2

requirement that such changes in owners and operators be done in accordance

with Chapter 19. The LDEQ must demonstrate that the provisions of

Chapter 19 are at least as stringent as the Acid Rain Program mandated by

the Clean Air Act (§ 408(i)) and EPA's regulations (40 Code ofFederal

Regulations part 72, subpart B). The LDEQ could address this concern by

clarifying that the provision under the proposed § 1901 (C) applies because it

provides that Chapter 19 does not supercede any otherwise applicable

requirements addressing administrative amendments or modifications.

5. The LDEQ has proposed revisions to §§ 505 and 517. These provisions are

currently approved as part of Louisiana's Title V Operating Pemlits Program.

You should submit the changes to §§ 505 and 517 as revisions to its Title V

Operating Pennits Program.

6, Other provisions that you propose may also revise or affect provisions that are

approved as part ofthe Louisiana State Implementation Plan (SJY). If this is

the case, you should submit such changes as revisions to your SIP.

We appreciate the opportunity to provide these comments. If you have any questions,

please call Mr. Stanley M. Spruiell ofmy staffat (214) 665-7212.

Sincerely yours,

P. A ,-tt:l1.

/ ~_~~J.M'eleigh Chief

Air Permits Section

68
DEPARTMENT OF ENVIRONMENTAL QUALITY

REGULATION DEVELO?MENT SECTION

June 28, 2005

1:33 P.t-!.

OR1G1NAL

Galvez Bui~ding, Oliver Pollock Conference Room

602 North fifth S~reet

Baton Rouge, Louisiana

LOG NUMBER: OS057

facility Name and Ownership/Operator

C;Janges Process

Which amends LAC 33:I.190L 1903,

1905,1907, 1909, and 1911; III.SOS,

517, and 521; V.321 and 4303; VII.517;

and IX.2701, 290=-, 2903, and 2905

SANDRA STEPHENS -- HEARING OFFICER

BEFORE: Mark LaCour,

Reporter, in

Louisiana

Certified Stenomask

and for the State of

ASSOCIATED REPORTERS, INC.

iV/ark LaCour) c.eR.

(225) 216-2036

t::Q

RECEIVED

JUL 13Z005

--~ LOEQlOSECll.A'RI.L I o<r", rflnu
2

3

4

5

6

7

8

9

10

11

12

13

June 28. 2005

H EAR I N G

MS. STEPHENS:

Good afternoon, my narne is Sandy

S:ephens. I'm em910yed with tje

Louisiana Depar(ment of E~viro~mental

Quali[y. I'll be servi:1g as hearirg

officer this aftecncon co receive

com~ents regarding proposed ame~dments

to the Departme:1[ of Environmental

Quality!egulations.

The comment period for ~hese

amendments began on May 20,2005, when

the notice of intent was published in

2

14 the Louisiana Register. The comment

15

16

17

18

19

20

21

22

23

24

period will close at 4:30 p.m., today,

June 28, 2005, for proposed rules

AQ251fL and RP039ft, and at 4:30 p.m. on

July 5, 2005, for proposed rule OS057

It would be he~pful to us if all oral

comments received today were followed up

in ·",riting.

This publIC hearing provides a

forum for all interested parties to

present comments on the proposed

25 changes. I'll a.sk that each person

ASSOCIATED REPORTERS, INC.

Mark LaCour, C.C.R.

1025) 216-2036
1

2

3

4

June 28.2005

commen~ing come ~p and si~ at the fro~t

t~ble and begin by stating his or her

~ame and affiliatior for the record.

The next amendment is designaceC

3

5 by the Log Numbe~ 05057. This rule ',nll

6

7

8

9

?rovide 2 unlfied, streamlined process

:or name or ownership/operator c~anges

at facilities under the purv~ew of the

21:C, L?DES, hazardous 'Naste, ard solid

10 waste regu~atory programs. The

11

12

13

d e.p art men t 's r e - eng i nee r i n g res u 1 ted i n

the creation of a single entity to

handle name or ownership/operator

14 changes. The Governor's Environmental

15

16

17

18

19

20

Task force recognized that the

regulatory processes for these changes

we:ce cumbersome for both the regulated

commu:jity and the department's staff.

Therefore, the task force recommended

that the deparcment create a streaml~ned

21

22

process for all med~a

occu:c ~n two stages.

The project will

The first stage is

23

24

being addressed ~n this proposed rule

and deals only with permitted ~edia

25 facl~ities. The second stage wil~

ASSOCIATED REPORTERS, INC.

Mark LaCour, C.C.R.

7t125) 216-2036
1

2

June 23. 2005

address hazardous and solid waste

generators anc o:he~ miscellaneous

4

3 p::cograrr.s. Comments will begin with M~.

4

5

6

7

8

r.enry Graham.

MR. GRAHAM:

Good afternoon, my name lS Henry

Graham, director of 2nv~::conmental and

Legal Affairs for ~he Louisla~a C~e~ical

9 .n.ssociation. LCA is a trade association

10 representing chemical manufacturers in

11 th~ state of Louislana. Some of our

12

13

14

1.5

members from time to time due to

business conditions may change or

request changes in name or ownership,

and as a result may be impacted by these

16 proposed regulations. In general, LeA

17 supports the developmen~ of the proposed

18 rules. We believe the rules will

19

20

21

22

23

24

25

provide some consis:ency across programs

and will improve the effectiveness and

the time to transfer to make these name

or ownership changes

We do have several small co~men~s

that we wish to provide to tte agency

and we plan to submit these comments in

ASSOCIATED REPORTERS, INC.

Mark LaCour, C.CR.

7t.22S) 216-2036
June 28. 2005 5

wr~ting prior to the deadline for

jus~ want to mention ~s in section 190~.

comments. One of the co~ments that I

1

3

2

4 and that particular comment is

5 regards the applicability of a aucomatlc

6 transfer of 2 LPDES permit We believe

7 tha~ this requirement should be

8 maintained and not eliminated i~ the

9 proposal rule.

10 Again, we appreciate the

11 opportunity to comment, we will submit

12 our comments in writing and ask that the

13 depar~ment review them, prior to seeking

14 o v e r S i g h t 0 f a p pro val 0 f ,t h e pro p 0 sed

15 regulations. Thank you

16 MS. STEPHENS:

17 Does anyone else care to comment

18

19

$JtIE this regulation?

on 05057 is closed.

If not, the hearing

Thank you for your

20 attention and participation. This

21 hearing is closed.

22

23 WHEREUPON, AT 1 36 P.M. THE HEARING CLOSED

24 * * * * *

ASSOCIATED REPORTERS, INC.

Mark LaCour, c.c.R.

7C32S) 216-2036
June 28. 2005

REP 0 R T E R I S P AGE

6

2 I, ~1a.::::k LaCour, Ce::::tiEied COClrt

3 Feporter, In and ::or rile State of Louisiana,

4 t he 0 f fie e r, a s de f i :l e din R u e 2 8 0 f t::-, e

5 ::ecle::::al Rules of Civil 2rocedu:ce and/or

6 ,l\rticle 1434 {b) of the Louisiana Code of Civil

7 Pro c e d u r e, be for e ~w hom t his S 'N 0 r n t est i m0 n y

8 was taken, do hereby state on the record:

9 That due to the interaccioL i.n the

10 spontaneous discourse of this proceeding,

11 d ash e s (,- -) h a v e bee nus edt°i n d i cat epa use s ,

12 c :-: a n g e sin tho ugh t, and /°r tal k 0 ve r s; that

13 same is the prop~r method for a Court

14 Reporter's transcription of proceeding, and

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

16 '.\lords or phrases have been left: out of this

17 transcript.

18 Also, any words and/or names which could

19 not: be verified through reference material

20 h 2. V e bee n den 0 ted wit h the p h r a s e

21 " ( ina u d i b 1 e) . "

22

23

24 !"Jark LaCour, C.C.R.

25 # 39054

ASSOCIATED REPORTERS, INC.

Mark LaCour, C.C.R.

'1.425) 216-2036
1

2

June 28, 2005

C E R T I FIe A T ION

I, the \..lClde:csi·:ji"led reporter, do he~ebj

7

3 certify th2~ the above and foregoing IS a true

4 and correcc ~rai"lscription of ~he s:e~omask

5 tape of the proceedings had herei~, taken dawn

6 by me and transcribed under my superviSIon, to

7 the best of my ability and understanding,

8 the ci~e 2nd place hereinbefore noted, 1n the

9 above-entitled cause.

10 I further certify that the witness was

11 d u 1 y S wo.r n b y me i:1 m y cap a cit y a saCe r t i fie d

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 :he outcome o~

18 this action

19 I further cert~fy that my license is 1n

20 goo d S tan din c; a 5 a co u r t rep 0 r t e r ina n d for

21 the s tat e 0 fLo u i s ian a .

22

23

24

25

{ --~-------------

MarK LaCour, C.C.R.

# 89054

ASSOCIATED REPORTERS, INC.

Mark LaCour, C.C.R.

'7S5) 216-2036
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

1445 ROSS AVENUE, SUITE 1200

DALLAS, TX 75202-2733

JUN 2 7 'LOGS

D t of Env Quality

La ~~ecutive

JUN 22 2005

RECEIVED

Mr. Wilbert F. Jordan, Jr.

Assistant Secretary

Office of Environmental Assessment

Louisiana Department of Environmenlal Quality

P.O. Box 4314

Baton Rouge, LA 70821-4314

RE: Facility Name or Owner/Operator Changes Proposed Rule (OSOS?)

Dear Mr. Jordan:

Thank you for the opportunity to review and provide comments on your proposed

changes regarding facility name or owner/operator changes. We provide the following comments

to assist in assuring that your final rule will be consistent with the requirements ofthe Clean Air

Act (Act) and our regulations promulgated under that Act. Please note that the following

comments represent those ofthe Environmental Protection Agency (EPA) Region 6 Air Permits

Program. Other program media may provide separate comments.

1. Section 1901 should define the scope of "air permits" and as to which ones

the draft rule will apply.

2. In § 1901, the terms "administrative amendment" and "minor modification"

are not defined in the draft rule. Ifthese terms are defined elsewhere, there

should be reference to this in the Applicability section. This appears to also

be the case of "financial assurance" in § 1905.

3. The tenn "administratively complete" lacks reference to all existing section

which specifically defines "administratively complete." Specifically, you

should include a cross-reference to any existing provision which defines the

term "administratively complete."

4. Proposed revisions to § 505(O)(l)(e). This Section currently provides that

when there is a change in the owner or operator (at an acid rain source), the

new owner or operator must submit a new certificate of representation to

LDEQ within 30 days. The proposal would replace this provision with the

Internet Address (URL) - hllp://www.epa.qov/earlhlr6/

Recycled/Recyclable - Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Poslconsllmer)

76
2

requirement that such changes in owners and operators be done in accordance

with Chapter 19. The LDEQ must demonstrate that the provisions of

Chapter 19 are at least as stringent as the Acid Rain Program mandated by

the Clean Air Act (§ 408(i)) and EPA's regulations (40 Code of Federal

Regulations part 72, subpart B). The LDEQ could address this concern by

clarifying that the provision under the proposed § 1901 (C) applies because it

provides that Chapter 19 does not supercede any otherwise applicable

requirements addressing administrative amendments or modifications.

5. The LDEQ has proposed revisions to §§ 505 and 517. These provisions are

currently approved as part of Louisiana's Title V Operating Pemlits Pragranl.

You should submit the changes to §§ 505 and 517 as revisions to its Title V

Operating Permits Program.

6. Other provisions that you propose may also revise or affect provisions that are

approved as part ofthe Louisiana State Implementation Plan (SIP). Ifthis is

the case, you should submit such changes as revisions to your SIP.

We appreciate the opportunity to provide these comments. Ifyou have any questions,

please call Mr. Stanley M. Spruiell of my staff at (214) 665-7212.

Sincerely yours,

j)~~;;t;J / Davi~Neleigh

Chief

Air Pennits Section

77
-;'Yf / ·c,.(~ V""':"'-__

d~. d':z;,o~v J~ ,P'~rLOUISIANA CHEMICAL ASSOCIATION ~/-'J DAN S. BORNE

PRESIDENT

June 30, 2005

Ms. Judith A. Schuerman" Ph.D.

Regulation Development Section

Environmental Planning Division

Office of Envirornnental Assessment

Louisiana Department of Environmental Quality

P.O, Box 4314

Baton Rouge, Louisiana 70821-4314 VIA FACSIMILE AND HAND DELIVERY

RE: Comments of the Louisiana Chemical Association Concerning

the Facility Name and Ownership/Operator Changes Process Rules

(LAC 33:1.1901,1903,1905,1907,1909, and 1911; III.505, 517, and 521;

V.321 and 4303; VII.517; and IX.2701, 2901,2903, and 2905)

Log No. OS057

Dear Dr. Schuerman:

As you know, a public hearing was held on June 28, 2005, regarding the proposed facility

name and ownership/operator changes process rules, LAC 33:I.l90l, 1903, 1905, 1907, 1909,

and 1911; III.505, 517, and 521; V.321 and 4303; VII.517; and IX.270l, 2901, 2903, and 2905

(Log No. OS057) (the "Name/Owner/Operator Change Rules"). Further, as you know, the

written comment period in connection with such proposed rules ends at 4:30 p.m., Tuesday, July

5,2005.

Set forth below are the written conunents of the Louisiana Chemical Association

("LCA") to the Louisiana Department of Environmental Quality ("LDEQ") for inclusion in the

administrative record of proceedings in cOIUlection with the· above-referenced proposed

Name/Owner/Operator Change Rules (Log No. OS057).

LCA requests that (a) all oral comments provided at the public hearing on the

Name/Owner/Operator Change Rules and (b) all written comments provided in connection with

the Name/Owner/Operator Change Rules (including LCA's comments herein) be incorporated in

the administrative record for the Name/Owner/Operator Change Rules. Pursuant to La. R.S.

49:953(A)(2)(b), LCA requests that LDEQ issue a concise statement of the principal reasons for

and against the adoption of any modifications or changes suggested in written or oral comments

made to LDEQ in connection with the Name/Owner/Operator Chm~~.·.1&Ftio;eS05~~~ ~,.~,,, _~--tf-:!!',:J'!":.~'.::-~ .,. '" I . ';' :" ,

JUN 3 0 2005

t,

78 LDEQ

ONE AMERICAN PlACE, SUITE 2U4O BATON ROUGE, LOUISIANA 70825 PHONE (225)344-2609 FAX (225)343-1007 www.lca.org
Dr. Judith A. Schuerman

LCA Comments

June 30, 2005

Page 2

LCA also requests that, prior to any legislative oversight hearings, LDEQ provide to <;,--

LCA a complete draft of proposed technical changes to the Name/Owner/Operator Change

Rules.

LCA's comments on the Name/Owner/Operator Change Rules follow:

LCA COMMENTS ON THE NAME/OWNER/OPERATOR CHANGE RULES1

Introduction.

LCA is a nonprofit Louisiana corporation, composed of 68 members located at over 90

plant sites in Louisiana. Each such plant is subject to various regulatory programs within the

jurisdiction of LDEQ and has pennits issued by LDEQ. Because ofthe vagaries of business and

the markets in which LCA members operate, it is not uncommon for an LCA member to undergo

a name change or a change in ownership or operational control. Thus, LCA members may be

substantially affected by the Name/Owner/Operator Change Rules (Log No. OS057).

1. General--Incorporation of Other Comments.

LCA hereby adopts and incorporates by reference those comments on the proposed

Name/Owner/Operator Change Rules, LAC 33:I.l901, 1903, 1905, 1907, 1909, and 1911; ',J~

III.SOS, 517, and 521; V.321 and 4303; VIL517; and IX.2701, 2901, 2903, and 2905 (Log No. No

OS057), made by the Louisiana Mid-Continent Oil & Gas Association ("LMOGA"), members of (..of

LCA, and members of LMOGA, to the extent such conunents are not inconsistent with the 't'f\,A f!,.

comments made herein by LCA.

2. General.

Generally, LCA supports the proposed Name/Owner/Operator Change Rules and-l

applauds LDEQ's efforts in attempting to streamline what can often be a difficult and time- ..;--

consummg process.

3. LAC 33 :1.1901 ~-Applicability.

As further set forth in Comment No. 9 below, LCA submits that the ability to :J.

"automatically" transfer an LPDES pennit should be maintained. Thus, LCA submits that a new /"

LAC 33:I.I 901.D should be added to the proposed regulation, which should read as follows:

!

In these comments, LeA has attempted to blackline a1l of its proposed changes to the draft

proposed rules (dQuble underline reflects additions, and strikeout reflects deletions).

946845-1 79
Dr. Judith A. Schuerman

LeA Comments

June 30, 2005

Page 3

D. An LPDES permit may be transferred pursuant to LAC 33:IX.2901.B, in

lieu of compliance with this Chapter.

4. LAC 33:I.1903.A--Liability.

As written, LAC 33:I.l903.A may confuse the regulated community, because most

permit transfers will be effective upon the date indicated in the NOC-l Fonn. Thus, LCA

submits that such provision should be revised to read as follows:

A. The previous owner or operator retains responsibility for compliance with

all permit terms and conditions until the permit has been transferred

OOministrati,'o authorit)! makes a detennination regarding a change of

o\vnership or operator as specified in ~rdance with this Chapter.

5. LAC 33:I.1907.A.l and 2--ChaDge of OWDersbip/Operator--No Financial

Assurance Required.

Under the existing regulations, assumption by the new owner or operator of liability for

existing violations is a not a condition for transfers of air or LPDES permits. See, e.g., LAC

33:III.510.C10, 517.G, and 521.A.3 and LAC 33:IX.2901 and 2905. Thus, LCA submits that

assumption ofsuch liability should not be a condition under LAC 33:LChapter 19 fOf the transfer

of such permits. LCA thus submits that LAC 33:1.1907.A.i should be deleted and LAC

33 :I.l907.A.2 should be renumbered "LAC 33 :1.1907.A.I."

6. LAC 33<I.1909.A.l--CbaDge of Ownership/Operator-Financial Assurance

Required.

For the reasons set forth in Comment NO.5 above, LCA submits that assumption by the

new owner or operator ofliability for existing violations should not be a condition for transfer of

an LPDES pennit. Thus, LCA submits that LAC 33:I.l909.A.I should be revised to read as

follows:

1. s:xcept with respect tQ LPDES permits. assumption by the new owner or

operatQf of liability for existing violations;

7. LAC 33:I.1909.D-Cbange of Ownersbip/Operator--FinaDcial Assurance

Required.

LCA submits that the last sentence of LAC 33:I.1909.D should be revised to read as

follows:

946845·1 80
Dr. Judith A. Schuerman

LCA Comments

June 30, 2005

Page 4

This notification shall be made within 90 calendar days after the administrative

authority has provided a written response approving the notification transfer of

the permit and the change has been put into effect.

8. LAC 33:IX.2701.L.3-Conditions Applicable to AJI Permits.

For the reasons set forth in Comment No. 9 below, LCA submits that LAC

3J:IX.2701.L.3 should be revised to read as follows:

3. Transfers. This permit is not transferable to any person except after notice to

the state administrative authority in accordance with LAC 33:I.Chapter 19 ill

LAC 33:IX.2901.B. The state administrative authority may require modification

or revocation and reissuance of the permit to change the name of the permittee

and incorporate such other requirements as may be necessary under the CWA or

the LEQA. (See LAC 33:I.X.2901; in some cases, modification or revocation and

reissuance is mandatory.)

9. LAC 33:IX.2901.B--Transfer of Permits.

LCA submits that the option to automatically transfer an LPDES permit via the procedure

provided in existing LAC 33:IX.2901.B should remain. This is a long-standing procedure,

approved by the Environmental Protection Agency (see, e.g., 40 CFR 122.61(b)), and intimately

familiar to LDEQ. There is no reason why this procedure cannot continue, as it is in harmony

with--not antithetical to--LAC 33:I.Chapter 19 and facilitates the rapid transfer of permits. Thus

LCA submits that LAC 33:IX.2901.B should not be deleted but should, instead, remain as part of

the existing LPDES regulations.

LCA welcomes further review and dialogue with LDEQ personnel in light of the

significant impact the proposed regulations may have on industry. Should you have any

questions regarding the written comments of LCA, please do not hesitate to contact me at 344-

2609. Thank you for all of your assistance and cooperation.

Very truly yours,

LOUISIANA CHEMICAL ASSOCIATION

~r::m~}' Director of Legal and Environmental Affairs

946845-1 81
Page 10f9

OS057 Summary

Comment Summary Response & Concise Statement - OS057

Amendments to the Office of the Secretary, Air, Hazardous Waste, Solid Waste,

and Water Quality Regulations

Facility Name and Ownership/Operator Changes Process

LAC 33:1.1901, 1903, 1905,1907,1909, and 1911; 111.505,517, and 521; V.321 and

4303; VII.517; and IX.2701, 2901, 2903, and 2905

Concise Statement arguments:

FOR: [The reason supporting WHY the suggestion in the comment should be adopted by DEQ.

Usually this is the commenter's perspective.]

AGAINST:

COMMENT

RESPONSE

COMMENT

[The reason WHY the department feels the suggestion should NOT be adopted.]

1: - Commenter supports DEQ's effort to streamline the

Name/Owner/Operator change process.

No arguments necessary; comment does not suggest

amendment or change.

1: - The department appreciates the support and believes that the

proposed changes will not only streamline the process, but help

to maintain current, accurate facility information.

2: - Cross-reference "administratively complete" to the appropriate

citation which defines the term.

FOR: [The reason supporting WHY the suggestion in the comment

should be adopted by DEQ. UsuaHy this is the commenter's

perspective.]

AGAINST: [The reason WHY the department feels the suggestion should

NOT be adopted.]

RESPONSE 2:

COMMENT 3: §1901 - "Administrative amendment" and "minor modification"

are not defined in the rule. If these terms are defined elsewhere

in the regulations. reference this in the applicability section.

FOR: [The reason supporting WHY the suggestion in the comment

should be adopted by DEQ. Usually this is the commenter's

perspective.]

82
Page 2 of 9

OS057 Summary

AGAINST: [The reason WHY the department feels the suggestion should

NOT be adopted.]

RESPONSE 3:

COMMENT 4: - Changes to provisions approved as part of the Louisiana State

Implementation Plan (SIP) should be submitted as revisions to

the SIP.

FOR: [The reason supporting WHY the suggestion in the comment

should be adopted by DEQ. Usually this is the commenter's

perspective.]

AGAINST: [The reason WHY the department feels the suggestion should

NOT be adopted.]

RESPONSE 4:

COMMENT 5: LAC 33:1.1901 - Commenter believes the requirement for an

automatic transfer of an LPDES permit should be maintained and

not eliminated in the proposed rule.

FOR: The automatic transfer process in the existing regulations only

requires a facility to notify the agency more than 30 days prior to

the change in order for the action to be recognized by the agency.

This eliminates the need for going through the entire permit major

modification process that is time consuming and more expensive.

AGAINST: The existing LPDES regulations in LAC 33.IX.2905 specifically

refer to changes of ownership or operational control as minor

modifications. The proposed regulations retain the reference to

these changes being considered minor permitting actions.

Additionally, the proposed rules give owners/operators more time

to submit their notification to the agency. In addition, the

Department must comply with the requirements of LAC 33:1.1701

regarding review of environmental history for owners and/or

operators of regulated facilities.

RESPONSE 5: The department feels that the proposed regulations provide

additional flexibility to facilities without adding paperwork or

consequential financial burden. Therefore no changes were

83
Page 3 of 9

OS057 Summary

made as a result of this comment.

COMMENT 6: §1901 - Define the scope of "air permits" and state to which

ones the rule will apply.

FOR: [The reason supporting WHY the suggestion in the comment

should be adopted by DEQ. Usually this is the commenter's

perspective.]

AGAINST: [The reason WHY the department feels the suggestion should

NOT be adopted.]

RESPONSE 6:

COMMENT 7: LAC 33:1.1901 - A subsection (designated "0") should be added

to this section with the following language: An LPDES permit

may be transferred pursuant to LAC 33:IX. 2901.B, in lieu of

compliance with this Chapter. This language should be added

because the ability to "automatically" transfer an LPDES permit

should be maintained.

FOR: The automatic transfer process in the existing regulations only

requires a facility to notify the agency more than 30 days prior to

the change in order for the action to be recognized by the agency.

This eliminates the need for going through the entire permit major

modification process that is time consuming and more expensive.

AGAINST: The existing LPDES regulations in LAC 33:IX.2905 specifically

refer to changes of ownership or operational control as minor

modifications. The proposed regulations retain the reference to

these changes being considered minor permitting actions.

Additionally, the proposed rules give owners/operators more time

to submit their notification to the agency. In addition, the

department must comply with the requirements of LAC 33:1.1701

regarding review of environmental history for owners and/or

operators of regulated facilities.

RESPONSE 7: The department feels that the proposed regulations provide

additional flexibility to facilities without adding paperwork or

consequential financial burden. Therefore no changes were

made as a result of this comment.

84
COMMENT

RESPONSE

COMMENT

Page 4 of 9

OS057 Summary

8: LAC 33:1.1903.A - Revise this subsection to read: The previous

owner or operator retains responsibility for compliance with all

permit terms and conditions until the permit has been transferred

in accordance with this Chapter. As currently proposed, the

wording may confuse the regulated community because most

permit transfers will be effective upon the date indicated in the

NOC-1 form.

No arguments are necessary since the department agrees with

the comment.

8: The department agrees with this comment and the appropriate

technical amendments have been made in the proposed rule.

9: §1905 - "Financial assurance is not defined in this rule. If it is

defined elsewhere in the regulations, reference this in the

applicability section.

FOR: [The reason supporting WHY the suggestion in the comment

should be adopted by DEQ. Usually this is the commenter's

perspective.]

AGAINST: [The reason WHY the department feels the suggestion should

NOT be adopted.]

RESPONSE 9:

COMMENT 10: LAC 33:1.1907.A.1 - This paragraph should be deleted. Under

existing regulations assumption by the new owner or operator of

liability for existing violations is not a condition for transfers of air

or LPDES permits. Therefore assumption of such liability for the

transfer of such permits should not be a condition under LAC

33:I.Chapter 19.

FOR: Longstanding agency rules and procedures have not required

assumption of liability for new owners/operators consistently

across media program boundaries, making this a new

requirement.

AGAINST: This proposed rule attempts to streamline existing processes and

85
Page 5 of 9

OS057 Summary

bring consistency to the regulations governing name, owner and

operator changes at facilities. The proposed rule does not

require the new owner to assume liability, but does require the

department to monitor the presence of documentation relative to

liability for past violations. Existing language in LAC:33.IX.2901.B

requires documentation of transfer of permit responsibility and

liability between the existing and new permittees. This

requirement is retained in the proposed rule in LAC

33:1.1907.A.1.

RESPONSE 10: The department feels that the language could be worded better

and will clarify this requirement with technical amendments to the

rule.

COMMENT 11: LAC 33:1.1909.A.1 - Revise this paragraph to read: except with

respect to LPDES permits, assumption by the new owner or

operator of liability for existing violations. Under existing

regulations assumption by the new owner or operator of liability

for existing violations is not a condition for transfers of air or

LPDES permits. Assumption by the new owner or operator of

liability for existing violations should therefore not be a condition

for transfer of an LPDES permit.

FOR: Longstanding agency rules and procedures have not required

assumption of liability for new owners/operators consistently

across media program boundaries, making this a new

requirement with regard to LPDES permits.

AGAINST: This proposed rule attempts to streamline existing processes and

bring consistency to the regulations governing name. owner and

operator changes at facilities. The proposed rule does not

require the new owner to assume liability, but does require the

department to monitor the presence of documentation relative to

liability for past violations.

RESPONSE 11: The department feels that the language could be worded better

and will clarify this requirement with technical amendments to the

rule. The technical amendments will not, however, provide

exception for LPDES permits.

COMMENT 12: LAC 33:1.1909.0 - Revise the last sentence of this subsection to

read: This notification shafl be made within 90 calendar days

86
Page 6 of 9

OS057 Summary

after the administrative authority has provided a written response

approving the transfer of the permit and the change has been put

into effect.

No arguments are necessary since the department agrees with

the comment.

RESPONSE 12: The department agrees with this comment and the appropriate

technical amendments have been made in the proposed rule.

COMMENT 13: LAC 33:111.505 and 517 - Submit changes to these sections as

revisions to Louisiana's Title V Operating Permits Program

because these sections are currently approved as part of the Title

V Operating Permits Program.

FOR: [The reason supporting WHY the suggestion in the comment

should be adopted by DEQ. Usually this is the commenter's

perspective.]

AGAINST: [The reason WHY the department feels the suggestion should

NOT be adopted.]

RESPONSE 13:

COMMENT 14: LAC 33:/l1.505.0.1.e - The rule replaces this provision with the

provisions of Chapter 19. Demonstrate that Chapter 19 is at least

as stringent as the Acid Rain Program (Title IV, §408(i) of the

Clean Air Act and 40 CFR Part 72, Subpart B). This could be

done by clearing up that the provision under Section 1901.C

applies because it provides that Chapter 19 does not supersede

any otherwise applicable requirements addressing administrative

amendments or modifications.

FOR: [The reason supporting WHY the suggestion in the comment

should be adopted by DEQ. Usually this is the commenter's

perspective.]

AGAINST: [The reason WHY the department feels the suggestion should

NOT be adopted.]

RESPONSE 14:

87
COMMENT

Page 7 of 9

OS057 Summary

15: LAC 33:IX.2701.L.3 - This paragraph should be revised to read:

This permit is not transferable to any person except after notice

to the state administrative authority in accordance with LAC

33:1. Chapter 19 or LAC 33:/X. 2901.B. The reasons are set forth

in the following comment.

FOR: Automatic permit transfer language should remain as a process

for transferring LPDES permits. The automatic transfer process in

the existing regulations only requires a facility to notify the agency

more than 30 days prior to the change in order for the action to

be recognized by the agency. This eliminates the need for going

through the entire permit major modification process that is time

consuming and more expensive.

AGAINST: This proposed rule attempts to streamline eXisting processes and

bring consistency to the regulations governing name. owner and

operator changes at facilities.

RESPONSE 15: The eXisting LPDES regulations in LAC 33:IX.2905 specifically

refer to changes of ownership or operational control as minor

modifications. The proposed regulations retain the reference to

these changes being considered minor permitting actions. The

department feels that the proposed regulations provide additional

flexibility to facilities without adding paperwork or consequential

financial burden. Therefore, no changes were made as a result

of this comment.

COMMENT 16: LAC 33:IX.2901.B - This subsection should remain as part of

the existing LPDES regulations, It is a long-standing procedure,

approved by the EPA, well-known to DEQ, in harmony with LAC

33:I.Chapter 19. and facilitates the rapid transfer of permits. The

option to automatically transfer an LPDES permit by this

procedure should remain.

FOR: This is a long standing procedure that facilitates transfers for

those facilities that apply for transfers more than 30 days prior to

the date of the transfer.

AGAINST: The existing LPDES regulations in LAC 33:IX.2905 specifically

refer to changes of ownership or operational control as minor

modifications. The proposed regulations retain the reference to

these changes being considered minor permitting actions.

88
Page 8 of 9

05057 Summary

Additionally, the proposed rule gives owners/operators more time

to submit their notification to the agency. In addition, the

department must comply with the requirements of LAC 33:1.1701

regarding review of environmental history for owners and/or

operators of regulated facilities.

RESPONSE 16: The department feels that the proposed regulations provide

additional flexibility to facilities without adding paperwork or

consequential financial burden. Therefore no changes were

made as a result of this comment.

89
Page 90f9

08057 Key

Comment Summary Response & Concise Statement Key - OS057

Amendments to the Office of the Secretary, Air, Hazardous Waste, Solid Waste,

and Water Quality Regulations

Facility Name and Ownership/Operator Changes Process

LAC 33:1.1901, 1903, 1905, 1907, 1909, and 1911; 1/1.505,517, and 521; V.321 and

4303; VII.517; and IX.2701, 2901, 2903, and 2905

COMMENT # Commenter

1,7,8,10-12,15,16 (written) Henry Graham I Louisiana Chemical Association

and 5 (oral)

2-4,6,9, 13, 14 David Neleigh I US EPA

90
Page 1 of 8

Revised 05057 Summary

September 13, 2005

Revised Comment Summary Response & Concise Statement - 05057

Amendments to the Office of the Secretary, Air, Hazardous Waste, Solid Waste,

and Water Quality Regulations

Facility Name and Ownership/Operator Changes Process

LAC 33:1.1901,1903,1905,1907,1909, and 1911; 111.505, 517, and 521; V.321 and

4303; VII.517; and IX.2701, 2901, 2903, and 2905

Concise Statement arguments:

FOR: [The reason supporting WHY the suggestion in the comment should be adopted by DEQ.

Usually this is the commenter's perspective.]

AGAINST:

COMMENT

RESPONSE

COMMENT

RESPONSE

COMMENT

RESPONSE

[The reason WHY the department feels the suggestion should NOT be adopted.]

1: - Commenter supports DEQ's effort to streamline the

Name/Owner/Operator change process.

No arguments necessary; comment does not suggest

amendment or change.

1: - The department appreciates the support and believes that the

proposed changes will not only streamline the process, but help

to maintain current, accurate facility information.

2: LAC 33:1.1901 - "Administrative amendment", "administratively

complete", and "minor modification" are not defined in the rule. If

these terms are defined elsewhere in the regulations, reference

this in the applicability section.

The department agrees with the comment; no arguments are

necessary.

2: - Technical amendments will be made to the rule to address this

comment.

3: - Changes to provisions approved as part of the Louisiana State

Implementation Plan (SIP) should be submitted as revisions to

the SIP.

No arguments necessary since the provision in question is not

part of this rulemaking.

3: - The department intends to include any SIP revisions that are

91
COMMENT

Page 2 of 8

Revised OS057 Summary

September 13, 2005

required as a result of this rule change when the annual SIP

revision is submitted to EPA.

4: LAC 33:1.1901 - The requirement for an automatic transfer of an

LPDES permit should be maintained and not eliminated in the

proposed rule.

FOR: The automatic transfer process in the existing regulations only

requires a facility to notify the agency more than 30 days prior to

the change in order for the action to be recognized by the agency.

This eliminates the need for going through the entire permit major

modification process that is time consuming and more expensive.

AGAINST: The existing LPDES regulations in LAC 33.IX.2905 specifically

refers to changes of ownership or operational control as minor

modifications. The proposed regulations retain the reference to

these changes being considered minor permitting actions.

Additionally, the proposed rules give owners/operators more time

to submit their notification to the agency. In addition, the

Department must comply with the requirements of LAC 33:1.1701

regarding review of environmental history for owners and/or

operators of regulated facilities.

RESPONSE

COMMENT

RESPONSE

COMMENT

4: The department feels that the proposed regulations provide

additional flexibility to facilities without adding paperwork or

consequential 'FInancial burden. Therefore no changes were

made as a result of this comment.

5: LAC 33.1.1901 - Define the scope of "air permits" and state to

which ones the rule will apply.

The department agrees with the comment; no arguments are

necessary.

5: - A technical amendment has been made to further clarify the

scope of the rule. Section 1901.D further defines the applicability

of the affected permit types.

6: LAC 33: 1.1901 - A subsection (designated "D") should be added

to this section with the following language: An LPDES permit

92
Page 3 of B

Revised 05057 Summary

September 13, 2005

may be transferred pursuant to LAC 33:1X.2901.B, in lieu of

compliance with this Chapter. This language should be added

because the ability to "automatically" transfer an LPDES permit

should be maintained.

FOR: The automatic transfer process in the existing regulations only

requires a facility to notify the agency more than 30 days prior to

the change in order for the action to be recognized by the agency.

This eliminates the need for going through the entire permit major

modification process that is time consuming and more expensive.

AGAINST: The existing LPDES regulations in LAC 33:1X.2905 specifically

refers to changes of ownership or operational control as minor

modifications. The proposed regulations retain the reference to

these changes being considered minor permitting actions.

Additionally, the proposed rules give owners/operators more time

to submit their notification to the agency. In addition, the

department must comply with the requirements of LAC 33:1.1701

regarding review of environmental history for owners and/or

operators of regulated facilities.

RESPONSE

COMMENT

RESPONSE

COMMENT

6: The department feels that the proposed regulations provide

additional flexibility to facilities without adding paperwork or

consequential financial burden. Therefore no changes were

made as a result of this comment.

7: LAC 33:1.1903.A - Revise this subsection to read: The previous

owner or operator retains responsibility for compliance with all

permit terms and conditions until the permit has been transferred

in accordance with this Chapter. As currently proposed, the

wording may confuse the regulated community because most

permit transfers will be effective upon the date indicated in the

NOC-1 form.

The department agrees with the comment; no arguments are

necessary.

7: The department agrees with this comment and the appropriate

technical amendments have been made in the proposed rule.

8: LAC 33:1.1905 - "Financial assurance" is not defined in this rule.

If it is defined elsewhere in the regulations, reference this in the

93
Page 4 of 8

Revised OS057 Summary

September 13, 2005

applicability section.

The department agrees with the comment; no arguments are

necessary.

RESPONSE

COMMENT

8: - Technical amendments will be made to the rule to address this

comment.

9: LAC 33:1.1907.A.1 - This paragraph should be deleted. Under

existing regulations assumption by the new owner or operator of

liability for existing violations is not a condition for transfers of air

or LPDES permits. Therefore assumption of such liability for the

transfer of such permits should not be a condition under LAC

33:I.Chapter 19.

FOR: Longstanding agency rules and procedures have not required

assumption of liability for new owners/operators consistently

across media program boundaries, making this a new

requirement.

AGAINST: This proposed rule attempts to streamline existing processes and

bring consistency to the regulations governing name, owner and

operator changes at facilities. The proposed rule does not

require the new owner to assume liability, but does require the

department to monitor the presence of documentation relative to

liability for past violations. Existing language in LAC:33.IX.2901.B

requires documentation of transfer of permit responsibility and

liability between the existing and new permittees. This

requirement is retained in the proposed rule in LAC

33:1.1907.A.1.

RESPONSE 9: The department feels that the language could be worded better

and will clarify this requirement with technical amendments to the

rule.

COMMENT 10: LAC 33:1.1909.A.1 - Revise this paragraph to read: except with

respect to LPDES permits, assumption by the new owner or

operator of liability for existing violations. Under existing

regulations assumption by the new owner or operator of liability

for existing violations is not a condition for transfers of air or

LPDES permits. Assumption by the new owner or operator of

liability for existing violations should therefore not be a condition

94
Page 5 of 8

Revised 08057 Summary

September 13,2005

for transfer of an LPDES permit.

FOR: Longstanding agency rules and procedures have not required

assumption of liability for new owners/operators consistently

across media program boundaries, making this a new

requirement with regard to LPDES permits.

AGAINST: This proposed rule attempts to streamline existing processes and

bring consistency to the regulations governing name, owner and

operator changes at facilities. The proposed rule does not

require the new owner to assume liability, but does require the

department to monitor the presence of documentation relative to

liability for past violations.

RESPONSE 10: The department feels that the language could be worded better

and will clarify this requirement with technical amendments to the

rule. The technical amendments will not, however, provide

exception for LPDES permits.

COMMENT 11: LAC 33:1.1909.D - Revise the last sentence of this subsection to

read: This notification shall be made within 90 calendar days

after the administrative authority has provided a written response

approving the transfer of the permit and the change has been put

into effect.

The department agrees with the comment; no arguments are

necessary.

RESPONSE 11: The department agrees with this comment and the appropriate

technical amendments have been made in the proposed rule.

COMMENT 12: LAC 33:111.505 and 517 - Submit changes to these sections as

revisions to Louisiana's Title V Operating Permits Program

because these sections are currently approved as part of the Title

V Operating Permits Program.

No arguments necessary since the provision in question is not

part of this rulemaking.

RESPONSE 12: - The provision in question is not part of this rulemaking,

95
COMMENT

Page 6 of 8

Revised 08057 Summary

September 13, 2005

13: LAC 33:111.505.0.1.e - The rule replaces this provision with the

provisions of Chapter 19. Demonstrate that Chapter 19 is at least

as stringent as the Acid Rain Program (Title IV, §408(i) of the

Clean Air Act and 40 CFR Part 72, Subpart B). This could be

done by clearing up that the provision under Section 1901.C

applies because it provides that Chapter 19 does not supersede

any otherwise applicable requirements addressing administrative

amendments or modifications.

No arguments necessary since the provision in question is not

part of this rUlemaking.

RESPONSE 13: - The provision in question is not part of this rulemaking.

COMMENT 14: LAC 33:IX.2701.L.3 - This paragraph should be revised to read:

This permit is not transferable to any person except after notice

to the state administrative authority in accordance with LAC

33:I.Chapter 19 or LAC 33:JX2901.B. The reasons are set forth

in the following comment.

FOR: Automatic permit transfer language should remain as a process

for transferring LPDES permits. The automatic transfer process in

the existing regulations only requires a facility to notify the agency

more than 30 days prior to the change in order for the action to

be recognized by the agency. This eliminates the need for going

through the entire permit major modification process that is time

consuming and more expensive.

AGAINST: This proposed rule attempts to streamline existing processes and

bring consistency to the regulations governing name, owner and

operator changes at facilities.

RESPONSE 14: The existing LPDES regulations in LAC 33:IX.2905 specifically

refer to changes of ownership or operational control as minor

modifications. The proposed regulations retain the reference to

these changes being considered minor permitting actions. The

department feels that the proposed regulations provide additional

flexibility to facilities without adding paperwork or consequential

financial burden. Therefore, no changes were made as a result

of this comment.

96
COMMENT

Page 7 of 8

Revised 05057 Summary

September 13. 2005

15: LAC 33:IX.2901.B - This subsection should remain as part of

the existing LPDES regulations. It is a long-standing procedure,

approved by the EPA, well-known to DEQ, in harmony with LAC

33:I.Chapter 19, and facilitates the rapid transfer of permits. The

option to automatically transfer an LPDES permit by this

procedure should remain.

FOR: This is a long standing procedure that facilitates transfers for

those facilities that apply for transfers more than 30 days prior to

the date of the transfer.

AGAINST: The existing LPDES regulations in LAC 33:IX.2905 specifically

refers to changes of ownership or operational control as minor

modifications. The proposed regulations retain the reference to

these changes being considered minor permitting actions.

Additionally, the proposed rule gives owners/operators more time

to submit their notification to the agency. In addition, the

department must comply with the requirements of LAC 33:1.1701

regarding review of environmental history for owners and/or

operators of regulated facilities.

RESPONSE 15: The department feels that the proposed regulations provide

additional flexibility to facilities without adding paperwork or

consequential financial burden. Therefore no changes were

made as a result of this comment.

97
Page Bof 8

Revised OS057 Key

September 13, 2005

Revised Comment Summary Response & Concise Statement Key - 05057

Amendments to the Office of the Secretary, Air, Hazardous Waste, Solid Waste,

and Water Quality Regulations

Facility Name and Ownership/Operator Changes Process

LAC 33:1.1901, 1903, 1905,1907, 1909, and 1911; 111.505,517, and 521; V.321 and

4303; VII.517; and IX.2701, 2901, 2903, and 2905

COMMENT #

1,6,7,9-11,14,15 (written)

And 4 (oral)

2,3,5,8,12, 13

Commenter

Henry Graham I Louisiana Chemical Association

David Neleigh I US EPA

98
LOUIsiana RegIster Vol. 31, No. 10 October 20, 2005

RULE

0510#012

Weegie Peabody

Executive Director

Facility Name and Ownership/Operator Changes Process

(LAC 33:1.1901,1903,1905,1907,1909, and 191 I;

111.505,517, and 521; V.321 and 4303; Vl1.517;

and IX.2701, 2901,2903, and 2905)(05057)

Department of Environmental Quality

Office of the Secretary

Legal Affairs Division

AUTl-~ITY NOTE: Promulgated in accord e with RS

17:6(11), S. 17:7(6), R.S. 17:7.2, R.S. 17:13.1, R.. 17:1808.

HISTOR 'AL NOTE: Promulgated by I e Board of

Elementary a Secondary Education, LR 28: 17 4 (August 2002).

amended LR 0:2457 (November 2004), LR 31:2427 (October

2005).

§1I09. Currie urn-Reading (Specific lIy but not

Exclusiv y for K-3 Teachers)

A. The teacher ucation program ovides candidates at

both the initial and dvanced levels with knowledge and

skills in the Louisia a Reading ompetencies and the

curriculum process.

Una~ table

Candidates

understand the

components of

the Louisiana

Reading

Com lencies.

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 33:1.1901, 1903, 1905, 1907, 1909, and

1911; 1l1.505, 517, and 521; V.321 and 4303; VII.5l7; and

lX.2701, 2901, 2903, and 2905 (Log #OS057).

This Rule will provide a unified, streamlined process for

name or ownership/operator changes at facilities under the

purview of the air, LPDES, hazardous waste, and solid waste

regulatory programs. The department's re-engineering

resulted in the creation of a single entity to handle name or

ownership/operator changes. The Governor's Environmental

Task Force recognized that the regulatory processes for these

changes were cumbersome for both the regulated community

and the department's staff. Therefore, the task force

recommended that the department create a streamlined

process for all media. The project will occur in two stages.

The first stage is being addressed in this Rule and deals with

only perrnined media facilities. The second stage will

address hazardous and solid waste generators and other

miscellaneous programs. The basis and rationale for this rule

2427

99

Ta et

ndidates

i lernent instruction

an assessment

re clive of conlent

sta rds, grade level

expJ;tations. local

currilula. and each

slUdeAt,s needs.

RULE

Weegie Peabody

Executive Director

Aeee table

Candidates demonstrate

knowledge of the

Louisiana Content

S\andards and Grade

Level Expectations In

lessons for each conlent

area they are preparing

to teach

Unaee able

Candida s

undersl d the

basic c mponenls

of the ouisi;ma

Con nt Standards

and ,ade Level

E. etallons

• A declination letter sent to a school district must b

carrec ed within 10 working days. If the district does n

compI with the request for additional information wit n

the 10 ays, the district must remove the teacher upon he

11th wo ing day.

0510#013

•••

Board 0 Elementary and Secondary Ed

BUlletin~6' louisiana Standards for proval

Teacher Education Program

( AC 28:XLV.1 107 and 110

In accordance ith R.S. 49:950 et seq., e Administrative

Procedure Act, t Board of Elementa and Secondary

Education amende Bulletin 996' Loui. alia Standards for

Approval of Teach r Education Prog arns, referenced in

LAC 28:1.905.A. Pr posed revisions t Bulletin 996 would

incorporate both the Louisiana Read' g Competencies and

the Grade Level Ex ectations into existing policy. Each

teacher preparation pr gram seekin Louisiana State Board

of Elementary and Sec ndary Educ tion approval is required

to incorporate and adh e to the CATE standards and the

NCATE accreditation p ess. A ditionally, each Louisiana

teacher preparation unit is re ired to address key state

educational initiatives as iden dIed and delineated in the

Louisiana State Supple e for Teacher Preparation

Program Approval, a com nt of Bulletin 996' Louisiana

Standardsfor Approval of cher Education Programs.

This revision insures that those charged with

recommending unit accrd ation for Louisiana teacher

education programs will val ate programs for inclusion of

both the Louisiana Rea ing ompetencies and the Grade

Level Expectations.

Chapter II.
Offi~eof Environmental Services. The owner or operato !

shal submit a complete Name/Ownership/Operator Chan

Fo (NOC-) Fonn) prior to or no later than 45 days a er

the c ange. This form may be found on the departm 1's

websi .

B. ~'thin 30 days after receipt of the co plete

notifica 'on of a change of name of a facility or of its

owner/o rator, the administrative authority shall n ifY the

owner/op rator that the department has recei ed and

processed he name change. The effective date 0 the name

change sh II be the date indicated on the N C-1 Form

unless the administrative autllOrity determ' es that a

different da is appropriate, in which case e Office of

Environment J Services shall notifY the pe applicant of

the actual em tive date.

e. For pe itted hazardous waste faci/it' s, the permittee

shall send a no .ce of the name change to' I persons on the

facility mailin list maintained by t e administrative

authority in acc dance with LAC 33:V. 17.A.5, and to the

appropriate units f state and local gov ment, as specified

in LAC 33:Y.717..2 and 4. This noti cation shall be made

within 90 calendar ays after the chan e is effective.

AUTHORITY NO E: Promulgated' accordance with R.S.

30:2001 et seq.

HISTORICAL NOT: Promulgate by the l)epartment of

Environmental Quality, Office of t e Secretary, Legal Affairs

Division, LR 31 :2428 ( to1>er 2005)

§I907. Change of 0 nership/ perator No Financial

Assurance Re uired

A. The administrativ auth ity may approve the transfer

of a permit to a new ower r operator where no financial

assurance is required, bas n the presence ofthe following

factors:

). documentation cl rly identifYing the party who

will be responsible for ex! ti g violations; and

2. evidence of rna ag ial competence on the part of

the new owner or 0 erat in accordance with LAC

33:1.1701.

B. Changes in the ownersh or operational control of a

facility shall be mad with writ n notification to the Office

of Environmental S vices. The ew owner or operator shall

submit a Name/O nershipfOper lOr Change Form (NOC-l

Form) prior to or 0 later than 4 days after the change. A

written agreeme containing a sp cific date for transfer of

permit responsi i1ity, coverage, a d liability between the

previous and w permittees shall Iso be submitted (0 the

administrative authority. The agreem nt shall be anached to

the NOC-1 onn. The department ay initiate action to

terminate or revoke an existing media ermit for a failure to

disclose a ange of ownership or oper tional control within

45 days a er the change.

e. W' hin 30 days after receipt of the complete

notifiea on of a change of the owner ip or operational

control of a facility, the administrative au ority shall notifY

the pr vious and new ownersfoperators 0 the department's

appr al or disapproval of the transfer of he pennit to the

new owner or operator based on its evaluati n of the factors

set orth in Subsection A ofthis Section. The epartment will

al notify EPA of changes in Title V pe its within the

s me timeframe. The effective date of the rmit transfer

all be the date indicated on the NOC-l F0 unless the

administrative authority determines that a di rent date is

appropriate, in which case the Office of En ironmental

1

arc to li,ow a unified procedure for all media resultin ,'n

cleaner ~otification procedures for the regulated comm ity.

This R Ie meets an exception listed in R.S. 30:201 D)(2)

and R.S. 49:953(0)(3); therefore, no report r arding

environme talfhealth benefits and social/economic costs is

required. is Rule has no known impact 0 family

formation, ability, and autonomy as describ in R.S.

49:972.

Title 33

VIRONMENTAL QUALlT

rt I. Office of the Secretar

Subpart I. epartment Administrativ Procedures

Chapter 19. ciUty Name and Owner ip/Operator

anges Process

§1901. AppJicab ity

A. This Chapte applies to name an

changes at facilitie that are under th

water, hazardous aste, and sol" waste regulatory

programs. Wrinen n ifications of t ese changes shall be

submitted to the dep ment for fa iii ties applying for or

holding any air per 'ts, Louisi a Pollutant Discharge

Elimination System ( DES) P mlits, hazardous waste

pennits, and solid waste ermits. name, ownership, and/or

operator change will be c sider a minor permitting action

or administrative amendm t.

B. When the ownershi of facility holding an LPDES

permit changes and there is change to the operator ofthat

facility, a permit transfer is t required. Notification ofthe

change of ownership is sti required in accordance with

LAC 33:1.1905.

C. The terms adminisl. 'ath /y complele, administrative

amendment, financial ass ranc and minor modification as

used in this Chapter sha have t e same meaning and intent

as when used in LAC 3 :Parts 1II, V, VII , and IX.

D. This Chapter oes not persede any otherwise

applicable require ents add essing administrative

amendments or mod' )cations in th air, LPDES, hazardous

waste, and solid w te programs, j particular, applicable

MACT rules or aei rain program req irements.

AUTHORllY N E: Promulgated i accordance with R.S.

30:2001 et seq.

HISTORICAL OTE: Promulgated

Environmental ality, Office of the

Division, LR 31' 428 (October 2005).

§1903. Liab ity

A. The p vious owner or operator ret 'ns responsibility

for complia ce with all permit terms and co ditions until the

permit has een transferred in accordance WI h this Chapter.

13. Th previous owner or operator retain responsibility

for comp ance with the financial requirement until the new

owner operator has demonstrated that e or she is

comply g with the specified financial require ents of Title

33 of. the Louisiana Administrative Code e.g., LAC

33:V.hapter 37, LAC 33:VII.727.A.) and 2, and LAC

33:1 .Chapter 67). . .

THORITY NOTE: Promulgated in accordance with R.S.

30: 001 et seq.

ISTORlCAL NOTE: Promulgated

E vironmental Quality, Office of the

ivision, LR 31 :2428 (October 2005).

) 905. Name Change

A. Changes in the name only of a facility or f its

owner/operator shall be made with written notification to the

Loujsjana Register Vol. 31. No. 10 October 20,2005
LPDES

Solid Waste· Ty e III facilities or

beneficial use ciJities

Solid Waste: Type

facililles

Hazardous Waste

Air

of a facility, the administrative authority shall notifY th

revious and new owners/operators of the departmen s

proval or disapproval of the transfer of the permit to e

n Yo! owner or operator based on its evaluation of the la ors

set forth in Subsection A of this Section. The effectiv date

of e permit transfer shall be the date indicated n the

NO I Form unless the administrative authority de rmines

that a ifferent date is appropriate, in which case e Office

of Env onmental Services shall notify the perm' applicant

ofthe ac al effective date.

E. Fo permitted hazardous waste facilit' s, the ncw

pennittee all send a notice of the change 0 ownership or

operational ontrol to all persons on the faci ty mailing list

maintained the administrative authori in accordance

with LAC 33: .7l7.A.5, and to the approrl iate units ofstate

and local gove ment, as specified in LA 33:V.717.A.2 and

4. This notifica n shall be made wit 90 calendar days

after the admini ative authority ha provided a written

response approvin the transfer ofthe ermit and the change

has been put into e ct.

AUTHORlTY NOT: Promulgate in accordance with R.S.

30:200 I et seq.

HISTORICAL NOTE: by the Department of

Environmental Quality, ffice of the Secretary, Legal Affairs

Division, LR 31 :2429 (Octo er 20 ).

§1911. FeesforNamea d wnership/Operator

Changes

A. Notifications of nam or ownership/operator changes

at a facility shall be submi e by the new owner or operator

with the appropriate fee Th fees listed below cover the

cost of reviewing, eva ating, nd processing a name Or

ownership/operator ch ge that h occurred at the facility.

B. 1\ thod of Payment. All fee payments s all be made

by che ,draft, or money order payable to the epartment

of En ironmental Quality and mailed to the de rtment at

the a dress provided on the NOC-l Form.

Failure to Pay. Failure to pay the prescrib

ch nge or ownership/operator change fee as provide herein

s all result in the change request not being processed y the

epartment.

AUTHORITY NOTE: Promulgated in accordance with RS.

30:200 I et seq.

HISTORJCAL NOTE: Promulgated by the Department of

Environmental Quality, Office of the Secretary, Legal Affairs

Division. lR 31 ;2429 (October 2005).

Part III. Air

Chapter 5. Permit Procedures

§505. Acid Rain Program Permitting Requirements

A.-O.l.d....

e. changes in the owners or operators, done in

accordance with LAC 33:I.Chapter 19;

O.l.f. - S.6

f managerial compete e on the part of

r operator in accor ance with LAC

Servi\es shall notifY the penn it applicant of the act

effecti\e date.

AUT~Rln. NOTE: Promulgated in accordance with

30:200 I t seq.

HIST ICAl NOTE: Promulgated by the Departm

Environm tal Quality. Office of the Secretary, Legal

Division. 31:2428 (October 2005).

§19il9. ange of Ownership/Operator· Financ'

A urance Required

A. The a ministrative authority may approve t e transfer

of a pennit 0 a new owner or operator wher financial

assurance is r uired, based on the following fac rs:

I. assu tion by the new owner or operator of

liability for exi ing violations;

2. demon ation of compliance

responsibility re uirements by the new ow

and

3. evidence

the new owner

33:1.1701.

B. Changes in th ownership or ope ational control of a

facility shall be made with written noti Ication (0 (he Office

of Environmental Se ·ces. The new 0 ner or operator shall

submit a Name/Owner hip/Operator hange Form (NOC-I

Fonn) prior to Or no lat than 45 da s after the change. The

department may initiate action to erminate or revoke an

existing media penni( fo a failur to disclose a change of

ownership or operational ontrol within 45 days after the

change. The following a tions are also required to be

completed in conjunct] n with the change of

ownership/operator notificati n

I. A written agreemen ontaining a specific date for

transfer of permit responsi lity, coverage, and liability

between the previous and ne ermittees shall be submitted

to the administrative au ri The agreement shall be

attached to the NOC-l Fo

2. Permitted and nterim

facilities shall also sub it a re 'sed Part I (i.e., Part A)

pennit application and azardous Waste Notification Fonn

(HW-l Fonn) in conju tion with t NOC-I Fonn.

3. When a trans er of ownersh or operational control

occurs, the previous ner or operato shall comply with the

applicable requirem ts of LAC 33:Y. hapter 37 (hazardous

waste financial re irements), LAC :Vll.727.A.1 and 2

(solid waste fina ial assurance requ ements), and LAC

33:IX.Chapter 6 (water financial se rity requirements)

until the new 0\ er or operator has dem nstrated that he or

she is complyi with the applicable req irements of LAC

33:y'Chapter 7, LAC 33:VII.727.A.1 d 2, and LAC

33:IX.Chapte 67.

C. The ew owner or operator sh II demonstrate

compliance with the applicable require nts of LAC

33:y'Chap r 37, LAC 33:VII.721.A.1 and 2, and LAC

33:IX.Ch ter 67 within six months of th date of the

change 0 ownership or operational control 0 the facility.

Upon a quate demonstration to the administrat e authority

by the ew owner or operator of compliance with these

financ' I assurance requirements, the ad inistrative

autho ty shall notifY the previous owner or opera r that he

or s e no longer needs to comply with the lfiancial

ass ance requirements as ofthe date of demonstrati n.

. Within 45 days after receipt of the complete

n ification of a change of ownership or operational control

2429

101

Louisiana Register Vol. 31. No 10 October 20.2005
Part VII. Solid Waste ~,

bpart 1. Solid Waste Regula ions

Chapter 5 Solid Waste Management S stem

Subchap' er B. Permit System for Facilities lassified for

Upgrade or Closure

§517. Permit Modifications

A. A.I.a.ii.

b. All notifications of proposed c anges in

ow rship of a permit for a facility shall b\ione in

ae rdance with LAC 33:I.Chapter J9. ..:

2. - 4. .. . .

Al,JTH'ORITY NOTE: Promulgated in accordance wilh R.S.

0:200 I et seq., lind in particular Section 2014.2.

2. Changes in the ownership or operational control

a faci ity shall be made in accordance with

33:J.Ch pter 19.

C. - C..a....

The permittee must notify the om e of

Environm ntal Services, Water and Waste Pennits vtSIOn,

concerning the modification by certified mail or oth r means

that establi proof of delivery within seven cale dar days

after the Chll gc is put into effect. This notice m st specify

the changes A;ing made to permit conditions o~ supporting

documents rekrenced by the pennit and must xplain why

they are necess 1)'. Along with the notice, the p rmittee must

provide the a plicable information requi d by LAC

J3:Y.515-533,2 7,and3115.

I.a.ii. - lOb...

AUTHORITY N TE: Promulgated

30:2180 el seq.

HISTORICAL NO E: Promulgated by e Department of

Environmental Quali " Office of Solid a (j Hazardous Waste.

Hazardous Waste Divis n, LR 10:200 (Mar h 1984), WTlended LR

13:433 (August /987), R 15:378 (May 989), LR 16:614 (luly

1990), LR 18:1375 (D ember 1992), R 20:1000 (September

1994), LR 21:266 (Marc (995), LR :944 (September 1995),

amended by the Office f Waste S ices, Hazardous Waste

Division, LR 24: J691 (Sep mber 199& , LR 25:435 (March 1999),

amended by the Offic of vironmentlll Assessment.

Environmental Planning Div ion, L 26:2466 (November 2000),

LR 28: 1000 (May 2002), L 29:31 (March 2003), amended by

the Office of the Secretary. gal Affairs Division, LR 3\ :2430

(October 2005), LR J 1:2454 (0 to r 2005).

Chapter 43. Interim Stat

§4303. Changes during In

A. - A.3.b. ...

4. changes in the ow

facility, which shall be

J3:I.Chapter 19;

A.S. - B.8....

AUTHORITY NOTE: in accordance with R's.

30:2) 80 et seq.

HISTORICAL NOTE: by the Department of

Environmental Quality, tlice of Soli and Hazardous Waste,

Hazardous Waste Divis' n, LR 10:200 ( reh 1984), amended LR

10:496 (July 1984), 13:433 (August 987), LR 15:378 (May

1989), LR 16:220 ( arch 1990). LR I '614 (July 1990), LR

17:658 (July 1991), LR 18:1375 (Decem r 1992), LR 21:266

(March 1995), ended by the Office of Waste Services,

Hazardous Waste ivision, LR 25:484 (Marc 1999), amended by

the Office of th Secretary, Legal Affairs D ision, LR 31 :2430

(October 2005).

AUTIIORITY NOTE: Promulgated in accordance with R.S.

30:2054:

H1STORlCAL 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 19:1420 (November 1993), LR 21:678 (July 1995),

amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2446 (November 2000),

amended by the Offiee of the Secretary, Legal Affairs Division. LR

31 :2429 (October 2005), LR J I:2436 (October 2005).

§S17. Permit Applications and Submittal of

Information

A. - f.

G Change of ownership shall be done in accordance

with LAC 33:J.Chapter 19.

H....

AUTHORITY NOTE: Promulgated ill accordance wilh K.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 LR 20:1375 (December 1994), amended by the Office of

the Secretary, LR 22:344 (May J996), amended by the Office of

Air Quality and Radiation Protection, Air Quality Division, LR

23:405 (April 1997), LR 23:1677 (December 1997), amended by

the Office of the Secretary, LR 25:661 (April 1999), amended by

the Oflice of Environmentat Assessment, Environmental Planning

Division, LR 26:2448 (November 2000), amended by the Office of

Environmental Assessment, LR 30:2021 (September 2004),

amended by the Offiee ofthe Secretary, Legal Affairs Division, LR

31 :2430 (October 2005).

§521. Administrative Amendments

A. - A.2....

3. allows for a change in ownership at the source, in

accordance with forms and guidance provided by the

pennitting authority and pursuant to LAC J3:I.Chapter 19;

A.4. - B.3 ...,

AUTHORITY NOTE: Promulgated in accordance with R,S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality lind Radiation

Protection, Air Quality Division, LR 19:1420 (November 1993),

amended LR 20: 1375 (December) 994), amcnded by the Office of

the Secretary, Legal Affairs Division, LR 31 :2430 (October 2005).

Pa ·V. Hazardous Waste and Hazardous Mater:'als

ubpartl. Department of Environment

Quality· Hazardous Waste

General Conditions for Treat ent,

torage, and Disposal Fad' Permits

§321. Modific tjon of Permits

A. Any propos major modifieati of a facility or a

site. any change in astes handle in either volume or

composition, and any 0 er chan in the site, facility, or

operations that material d lates from a permit or

materially increases danger 0 the public health or the

environment must be rep e 'n writing to the Office of

Environmental Services ater a Waste Pennils Division,

prior to such an occu nee and a p mit modification must

be obtained in a ordance with th application, public

notice, and per it requirements of is Chapter. Any

operator or 0 ership change shall be rna in accordance

with LAC 33..Chapter 19.

B. - B.I. ...

Louisiana Register Vol. 31. No. 10 October 20.2005 2430

102
08065

~~~~~~~!'~~~~~~'~~~~O~~~9~~~~~~,n 1105,1107,1410,1507,2103,2108,2113,2116,2121,

2122,2123,2132,2153,2201,2301,2303,2307

* This rule includes Parts ofthe Louisiana Administrative Code that are not applicable to air

quality; the sections that are pertinent to this proposed SIP are listed above.

Appendix A
Department of Environmental Quality

Office of Environmental Assessment

Organizational Changes Under New Administration

(LAC 33:1, Ill, V, VI, VII, IX, XI, and XV)(OS065)

the estimated number of canister samples to be collected is

anticipated to be too few to have a significant negative

cOll'jletitive impact on these businesses.

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:Parts I, III, V, VI, VII, IX, Xl, and XV (Log

#05065). The sections amended in this Rule are as follows:

LAC 33:1.501, 907,1109,1111,1113,1117,1307,1505,

1701, 2005, 3917, 3919, 3923, 3925, 4701,4703, 4705,

4711,5707, and 6921;

LAC 33:111.211,501,504,505.507,509,510,613,918,

919,1105,1107,1410,1507,2103,2108,2113,2116,2121,

2J22, 2123, 2132, 2153, 2201, 2301, 2303, 2307, 2511,

2521, 2531, 2701, 2719, 2723, 2735, 2799, 2805, 2807,

2809,2811,3003,5107, 511J, 5113, 5116, 5122, 5151,

5307, 531 J, and 5911 ;

LAC 33:Y.I05, 109,303,309,321, 323, 501, 520, 537,

565,590,708, 1105, 1504, 1505, 1513, 1527, 1715, 1737,

1739, 1745, 1747, J913, 2227, 2231, 2237, 2239, 224J,

2245, 2246, 2247, 2253, 2271, 2273, 2508, 2707, 27J J,

2719, 2803, 2805, 2903, 2906, 3005, 3007, 3009, 3103,

3Jl5, 3317, 3319, 3321, 3503, 3505, 3511, 3513, 3517,

3523, 3525, 3527, 3707, 3711, 3715, 37J7, 3719, 384J,

4029, 4043, 4045, 4065, 4083, 4J07, 4201, 4301, 4320,

4381, 4387, 4391, 4393, 4395, 4403, 4407, 4411, 4413,

4437, 4449, 4451, 4462, 4472, 4474, 4489, 4512, 4522,

4534, and 5309;

LAC 33:VI.201, 303, 911, and 913;

LAC 33:VII.II3, 301, 303, 305, 307, 311, 315, 503, 505,

509,511,513,515, 5J7, 701, 709, 711, 713, 715, 717, 719,

721, 723, 725, 727, 909, 1109, 1303, 1305,3001, 10307,

10513,10515,10517, 10519, 10523, 10525, 10531, 10533,

10535, and 10536;

LAC 33:1X.30 I, 303, 307, 309, 311, 315, 708, 905, 1117,

1121, 1507,2109,2111,2115,2119,2123,2125,2501,

25) J, 2515, 2521, 2523, 2525, 2529, 270 I, 2703, 2709,

3115,3117,4505,5709,6113,6117,6121,6123,6125,

6135,6507,6703,6901,6905,6907, and 7135;

LAC 33:XI.301, 303, 903,1111,1113,1123,1129.1131,

1139, 1205, 1305, and 1309; and

LAC 33:XY.204, 205, 209, 211, 212, 213, 320, 321, 322,

324, 326, 328, 331, 332, 361, 390, 399.Appendix B, 430,

436, 438, 442,461, 488, 490, 496, 499.Appendix D, 575,

577,578,579,603,608,609,704,719,737,761,803,907,

911,1016,1017,1103,1104,1303,1309,1314,1325,1331,

1332, 1333, 1407, 1408, 1410, 1417, 1418, 1420, 1515,

1516,1707,1711,1755,2014,2017,2022,2506,2507, and

2508.

There was a reorganization of the department under the

new administration. This proposed Rule revises references to

the department's divisions in the regulations to reflect the

new organizational structure of the department. The Rule

also makes minor grammatical corrections and format

changes to internal regulation references. This change is

necessary to keep the regulations current in order to provide

accurate information for the regulated community. The basis

and rationale for this proposed Rule are to correct the

division names cited in the regulations to correspond to the

new or renamed divisions created when the department was

reorganized.

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 environmentallhealth benefits and social/economic

costs is required. This proposed Rule has no known impact

on family formation, stability, and alltonomy as described in

R.S.49:972.

Title 33

ENVIRONMENTAL QUALITY

Part I. omc~ of the Secretary

Subpart 1. Departmental Administrative Procedures

Chapter 5. Confid~ntiallnformation Regulations

§501. Scope

A. Department of Environmental Quality information

and records obtained under the Louisiana Environmental

Quality Act, or by any rule, regulation, order, license,

registration, or permit term or condition adopted or issued

thereunder, or by any investigation authorized thereby, shall

be available to the public, unless confidentiality is requested

in writing to the Office of the Secretary, Legal Affairs and

Regulation Development Division, and the information or

records are determined by the department to require

confidentiality.

B. - 8.6....

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2030.

HlSTORlCAL NOTE: Promulgated by the Department of

Environmental Quality, Office of the Secretary, LR 22:342 (May

19%), amended by the Office of Envirorunental Assessment,

EnviroNmental Planning Division, LR 26:2439 (November 2000),

LR 30:742 (April 2004), amended by the Office of Envirorunental

Assessment, LR 31:

Chapter 9. Petition for Rulemaking

§907. Content ora Rulemaking Petition

A ....

B. The petition shall be addressed to the Office of the

Secretary, Legal Affairs and Regulation Development

Division.

C. - E.2.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:200 I el seq.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of the Secretary, LR 23:297 (March

1997), amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2439 (November 2000),

amended by the Office of Environmental Assessment, LR 31 :

Chapter 11. Declaratory Rulings

§1I09. Declaratory Rulings Officer

A. - B....

Robert E. Hosse

General Government Section Director

Legislative Fiscal Office

NOTICE OF INTENT

Karen K. Gaulreaux

Deputy Secretary

0507#019

Louisiana Register Vol. 31, No. 07 July 20,2005 1766

103
incident, name and address of the company transporting the

pollutant that resulted from the emergency incident, name

and location of the facility where the pollutant is/was stored,

and name and location of the facility accepting the pollutant

for disposal, recycling, or reuse.

AUTHORITY NOTE: Promulgatcd in accordance with R.S.

30:2011(D)(I), (14), and (15).

HISTORICAL NOTE: Promulgated by the Dcpanmcnt of

Environmental Quality, Office of the Secretary, LR 22:979

(October 1996), amended by the Office of Environmental

Assessment, Environmental Planning Division, LR 26:2444

(November 2000). amended by the Ollice of Environmental

Assessment, LR 31:

Part Ill. Air

Chapter 2. Rules and Regulations for tbe Fee System

of tbe Air Quality Control Programs

§211. Methodology

A. - 8.9.

10. When a permanent shutdown occurs and a company

properly notifies the Office of Environmental Services, Air

Permits Division, by official change in the Emission

Inventory Questionnaire (EJQ) and permit, then the

maintenance fee would be dropped for that shutdoWll portion

of the process/plant. This fee reduction or cancellation shall

apply only in the fiscal years in which the shutdown portion

of the plant or process did not operate at all. The EIQ and

pennit shall also need to be changed to delete the emissions

from the shutdown portion of the plant or process before the

start of the fiscal year in which the fee would have been

charged.

ll.·15.b.

AUTHORlTY 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

14:611 (September 1988), amended by the Office of Air Quality

and Radiation Protection, Air Quality Division, LR 17:1205

(December 1991), LR 18:706 (July 1992), LR 19:1419 (November

1993), amended by the Office of Management and Finance, Fiscal

Services Division, LR 22:17 (January 1996), amended by the

Office of Environmental Assessment, Environmental Planning

Division, LR 26:264 (February 2000), LR 26:2444 (November

2000), LR 29:2776 (December 2003), amended by \he Office of

Environmental Assessment, LR 31:

Chapter 5. Permit Procedures

§501. Scope and Applicability

A. - B.7....

e. Scope

I. For each source to which this Chapter applies, the

owner or operator shall submit a timely and complete permit

application to the Office of Environmental Services. Air

Permits Division, as required in accordance with the

procedures delineated herein. Permit applications shall be

submitted prior to construction, reconstruction, or

modification unless otherwise provided in this Chapter.

2. - 10. ...

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:20 II and 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

Depar1ment of Environmental Quality, Office of Air Quality and

Radiation Protection, Air Quality Division, LR 16:613 (July 1990),

LR 17:478 (May 1991), LR 191420 (November 1993), LR

Louisiana Register Vol. 31. No. 07 July 20, 2005

20: 1281 (November 1994), LR 20: 1375 (December 1994), LR

23: I677 (December 1997), amended by the Office of the Secretary,

LR 25:660 (April 1999), amended by the Office of Environmental

Assessment, Environmental Planning Division, LR 26:2445

(November 2000), LR 28:997 (May 2002), amended by the Office

of Environmental Assessment, LR 31: 1063 (May 2005), LR 31:

§S04. Nonattainment New Source Review Procedures

A.· B.5.

e. Source Information. The Owner or operator of a

proposed major stationary source or major modification shall

submit all information necessary to the Office of

Environmental Services, Air Permits Division, in order to

perform any analysis or make any detennination required

under this regulation. Information shall include, but is not

limited to:

c.l. - f.6....

7. The OWner or operator desiring to utilize emission

reductions as an offset shall submit to the Office of

Environmental Services, Air Permits Division, the following

information:

F.7.a. - Table I, Footnote PMIO, '"

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality. Office of Air Quality and Radialion

Protection, Air Quality Division, LR 19: 176 (February 1993),

repromulgated LR 19:486 (April 1993), amended LR 19: 1420

(November 1993), LR 21:1332 (December 1995), LR 23:197

(February 1997), amended by the Office of Environmental

Assessment, Environmental Planning Division, LR 26:2445

(November 2000), LR 27:2225 (Deeember 2001), LR 30:752

(April 2004), amended by the Office of Environmental Assessment,

LR 30:2801 (December 2004), LR 31;

§S05. Acid Rain Program Permitting Requirements

A.. B.l. ...

2. Exemption. The designated representative,

authorized in accordance with 40 CFR Part 72, Subpart B, of

a source that includes a unit under Paragraph B.l of this

Section may petition the Office of Environmental Services,

Air Permits Division, for a written exemption or to renew a

written exemption for the unit from certain requirements of

the Acid Rain Program. The petition shall contain the

following elements:

2.a. - 4.c.

i. notwithstanding Paragraphs D.2 and 3, the

designated representative of the source that includes the unit

shall submit a complete acid rain permit application to the

Office of Environmental Services, Air Permits Division, On

the latter of January 1, 1998, or the date the unit is no longer

exempted under this Section; and

B.4.c.ii. • C.2.a.

b. A petition under this Subsection shall be

submitted to the Office of Environmental Services, Air

Permits Division, on or before:

2.b.i. - 4.c.

D. Requirement to Apply

I. Duty to Apply. The designated representative of any

source with an affected unit shall submit a complete acid

rain permit application to the Office of Environmental

Services, Air Permits Division, by the applicable deadline in

Paragraphs 0.2 and 3 of this Section and the owners and

operators shall not operate the source without a permit that

states its Acid Rain Program requirements

2. - 2.h. ...

1770

107
3. Duty to Reapply. The designated representative

shall submit a complete acid rain permit application to the

Office of Environmental Services, Air Permits Division, for

each source with an affected unit at least six months prior to

the expiration of an existing acid rain permit governing the

unit during Phase II, or such longer time as may be approved

under 40 CFR Part 70 that ensures that the term of the

existing permit will not expire before the effective date of

the permit for which the application is submitted.

4. Four copies of all permit applications shall be

submitted to the Office of Environmental Services, Air

Permits Division.

0.5. - G.3.

a. To activate a conditionally-approved acid rain

compliance option, the designated representative shall notifY

the Office of Environmental Services, Air Permits Division,

in writing that the conditionally-approved compliance option

will actually be pursued beginning January J of a specified

year. If the conditionally-approved compliance option

includes a plan described in Subparagraph G.2.a of this

Section, the designated representative of each source

governed by the plan shall sign and certify the notification.

Such notification shall be subject to the limitations on

activation under Subsections G and H of this Section and

regulations implementing Section 407 ofthe Clean Air Act.

b. - d.

4. Termination ofCompfiance Option

a. The designated representative for a unit may

terminate an acid rain compliance option by notifying the

Office of Environmental Services, Air Permits Division, in

writing that an approved compliance option will be

terminated beginning January J of a specified year. If the

compliance option includes a plan described in

Subparagraph G2.a of this Section, the designated

representative for each source governed by the plan shall

sign and certifY the notification. Such notification shall be

subject to the limitations on termination under Subsection H

of this Section and regulations implementing Section 407 of

the Clean Air Act.

G.4.b. - S.6.

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 19: 1420 (November 1993), LR 21 :678 (July 1995),

amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2446 (November 2000),

amended by the Office ofEnvironmental Assessment, LR 31:

§507. Part 70 Operating Permits Program

A. - C.2.

3. Newly Regulated Sources. The owner or operator

of any source that becomes subject to the requirements of

this Section after the effective date of the Louisiana Part 70

program due to regulations promulgated by the administrator

or by the Department of Environmental Quality shall submit

an application to the Office of Environmental Services, Air

Permits Division, in accordance with the requirements

established by the applicable regulation. In no case shall the

required application be submitted later than one year from

the date on which the source first becomes subject to this

Section.

D. - H.3.

4. a requirement for progress reports to be submitted

to the Office of Environmental Compliance, Enforcement

Division, at least semiannually, or at a more frequent period

if specified in the applicable requirement. Such progress

reports shall contain the following:

4.a. - 5.c.v.

d. a requirement that all compliance certifications

be submitted to the administrator as well as to the Office of

Environmental Compliance, Enforcement Division; and

H.5.e. - J.5.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:20 II, 2023, 2024, and 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 19:1420 (November 1993), LR 20:1375 (December

1994), amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2447 (November 2000),

LR 27:2229 (December 2001), LR 28:994 (May 2002), LR 29:698

(May 2003), LR 30: 1008 (May 2004), amended by the Office of

Envirorunental Assessment, LR 31:1061 (May 2005), LR 3]:1568

(July 2005), LR 31:

§S09. Prevention of Significant Deterioration

A.-O.2.

3. Where the air quality impact analysis required

under this Section indicates that the issuance of a permit for

any major stationary source or major modification would

result in the consumption of more than 50 percent of any

available annual increment or 80 percent of any available

short term increment, the applicant may be required by the

administrative authority to submit to the Office of

Environmental Services, Air Permits Division, a report

covering the following factors:

OJ.a. - S.4.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

H1STORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

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

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

of Air Quality and Radiation Protection, Air Quality Division, lR

17:478 (May 1991), LR 21:170 (February 1995), LR 22:339 (May

1996), LR 23:1677 (December 1997), LR 24:654 (April 1998), LR

24: 1284 (July 1998), repromulgated LR 25:259 (February 1999),

amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2447 (Nuvember 2000),

LR 27:2234 (December 2001), amended by the Office of

Environmental Assessment, LR 31:

§51O. New Emissions Sources and Major

Modifications in Specified Parishes

A. - B.l.e.

2. Source Information. The owner or operator of an

affected emissions unit, as identified in Subparagraph B.l.b

of this Section, shall submit all information necessary to the

Office of Environmental Services, Air Permits Division, in

order to perform any analysis or make any determination

required under this regulation. Information shall include, but

is not limited to:

B.2.3. - C.l.d. ...

2. Source Information. The owner or operator desiring

to utilize emission reductions as an offset shall submit to the

Office of Environmental Services, Air Permits Division, the

following information:

1771

108

Louisiana Register Vol. 31, No. 07 July 20,2005
C.2.a. - Table I, Footnote NO,.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:1054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Environmental Assessment,

Environmental Planning Division, LR 27:1234 (December 2001),

amended by the Office of Environmental Assessment, LR 31:

Chapter 6. Regulations on Control of Emissions

through the Use of Emission Reduction

Credits Banking

§613. ERC Bank Recordkeeping and Reporting

Requirements

A.-B.1. ...

2. An annual report summarizing all records required

by Subsection A of this Section shall be submitted to the

department by March 31 of each year. This submittal shall

be certified as specified in Subsection C of this Section and

submitted to the Office of Environmental Services, Air

Permits Division, in a format specified by the department.

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

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Ofllce of Air Quality and Radiation

Protection, Air Quality Division, LR 20:877 (August 1994),

amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 25:1622 (September 1999),

LR 16:486 (March 2000), LR 26:2449 (November 2000), LR

28:303 (February 2002), amended by the Office of Environmental

Assessment, LR 31 :

Chapter 9. General Regulations on Control of

Emissions and Emission Standards

§9J8. Recordkeeping and Annual Reporting

A. Data for emissions reports shall be collected annually.

These reports are to be submitted to the Office of

Environmental Assessment, Air Quality Assessment

Division, by March 31 of each year (for the period January I

to December 31 of the previous year) unless otherwise

directed by the department. The report shall include all data

applicable to the emissions source or sources as required

under LAC 33:111.919.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HlSTORJCAL 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 22:339 (May 1996), amended by the Office of

Environmental Assessment, Environmental Planning Division, LR

26:2450 (November 2000), LR 29:2776 (December 2003),

amended by the Office of EnvironmemaJ Assessment, LR 31:

§919. Emissions Inventory

Emissions inventory data shall be submitted to the

department on magnetic media in the format specified by the

Office of Environmental Assessment, Air Quality

Assessment Division. Facilities are defined as all emissions

points under common control on contiguous property.

Emissions point is defined as the source of emissions that

should have a Source Classification Code (SCC). Detailed

instructions are provided, on an annual basis, for completing

and submitting emissions inventories. The state point source

emissions inventory will be compiled from the emissions

inventories submitted in accordance with this Section from

the facilities that meet the criteria for applicability in

Louisiana Register Vol. 31, No. 07 July 20, 2005

Subsection A of this Section. The state area source, non-road

and on-road mobile source, and biogenic emissions

inventories are compiled by the department from data that

may be requested from other federal, state, or local agencies

or other private entities.

A. Applicability. The owner or operator of the following

facilities shall submit annual emissions inventories to the

Office of Environmental Assessment, Air Quality

Assessment Division. The inventory shall include all air

pollutants for which a National Ambient Air Quality

Standard (NAAQS) has been issued and all NAAQS

precursor pollutants.

A.1. - 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), repeale~ ~d

repromulgated by the Office of Air Quality and RadIatIon

Protection. Air Quality Division, LR 19: 184 (February 1993),

repromulgated LR 19:485 (April 1993). amended LR 19: 14 J8

(November 1993), LR 20:1l01 (October 1994), LR 22:339 (May

1996), amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2450 (November 2000),

LR 29:2776 (December 2003), amended by the Office of

Environmental Assessment. LR 3J:

Chapter IJ. Control of Emissions of Smoke

§1I0S. Smoke from Flaring Shall Not Exceed 20

Percent Opacity

A. The emission of smoke from a flare or other similar

device used for buming in connection with pressure valve

releases for control over process upsets shall be controlled so

that the shade or appearance of the emission does not exceed

20 percent opacity (LAC 33:11I.1503.D.2, Table 4) for a

combined total of six hours in any 10 consecutive days. Ifi!

appears the emergency cannot be controlled in six hours, the

Office of Environmental Compliance, Emergency and

Radiological Services Division, Single Point of Contact

(SPOC), shall be notified by the emitter in accordance with

LAC 33:1.3923 as soon as possible after the start of the upset

period. Such notification does not imply the administrative

authority will automatically grant an exemption to the

source(s) of excessive emissions.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORJCAL 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 25:656 (April 1999), amended by the Office of

Environmental Assessment, Environmental Planning Division, LR

26:2450 (November 2000), LR 30: 1671 (August 1004), amended

by the Office ofEnvironmentaJ Assessment, LR 31:

§1107. Exemptions

A. Exemptions /Tom the provisions of LAC 33:111.1105

may be granted by the administrative authority during startup and shutdown periods if the flaring was not the result of

failure to maintain or repair equipment. A report in writing,

explaining the conditions and duration of the start-up or

shutdown and listing the steps necessary to remedy, prevent

and limit the excess emission, shall be submitted to the

Office of Environmental Compliance, Emergency and

Radiological Services Division, SPOC, within seven

calendar days ofthe occurrence. In addition, the flaring must

1772

109
CAPITAL CITY PRESS RECEIVED

Publisher of

THE ADVOCATE

AUG 12 Z005

LDEQJ05EC/lARD

REGULAliON Df1iElOPM EtH SEC110N

3117381

Susan A.Bush, Public Notices Clerk

07/14/05

NOTICE OF 'NTENT

Depo;trlrnent at

En",ironmenlal Ou~hty

OffIce ot Enviroflmentat

Assessment

u~~~n~~~I~~~~:'~~t~~n (lAC 33:Parts t.llI. V. Vi, VI_.

IX, XI. and 'All) (05065).

Under I"'e aUlhorlty of the

5g~~~oon,m~n~:Q~u:~I~C~C~~~_' dance with the proviSIOns of 1he Admini!>trative Procedure Act,

~a~' ~~::;On:t~;eeiha~h~I;~~~= fn9 procedures have been Ifllll- ~t-I;!'d '0 amend the

~~~~~n;~I:pr;rl::I~y,,{e~~~i.

~~S:5l, ~~e s::;~~~am~~~ &(1 in this rule ar~ as 10110\1'15: LAC 33:1.501, 907, 1109, 1111. "t3, 1117, i..,07, 1505. 1701. 2005. 3917. 3919, 3923. 3925. 4701. 4703. 4705, 4711, 5707.

and 6921: LAC 33·.111.211. 501. 504. 505. SOi', 509. 510. 613. 918, 919, 1105. 007, 1410. 1507. 2103. 21OB. 2H3. 2116. 2121, ~122,

2123. 2132. 2153. 2201, 230 ••

2303. 2307. 25". 2521. 2531. 2701. 2719. 2723. 2735. 2799. 2805. 2807, 2809. 28". 3003. 5107. 5t11. 5113, ~t16. 5122. 5t51. 5307.5311. and 5911; lAC 33:Vl05. '09. 303. 309.

; ~~, ~t~: 1i?J: 1~~: 1~~: 1~~5: 1527, 1715, 173.7. 1739. 1745. 1747. 1913, 2227. 2231. 2237, 2239. 2241. 2245. 2246. 2247. 2253. 227'. 2273. 2508, 2707. 27". 27'9. 2803. 2805. 2903. 2906.3005.3007. 3009. 3103. 3115. 33". 33'19. 3321. 3503.

g~~; mi, ~Wi. 3jW,.. ~~~: 3717. 3719. 3341. 4029. 4043. 4045. 4065. 4063. 4107. 4201. 430f, 4320. 4361. 4387, 4391. 4393. 4395. 4403. 4407, 4411. 4413, 4437, 4449. 4451, 4462. 4472. 4474, 4489. 4512. 4522.

45CtCa~g:JI3~j. 303. 911. and

91v..C 33Vll.113. 301. 303, 305. 307.311.315.503.505.509.511.

513.515.517.701.709.711,713. 715.717.719.721.723,725.727.

909. 1109. 1303. 1305. 3001. 10307. 105'3. 10515. 10517. 10510. 10523. '0525. 10531. 10533. 10535. and 10536: LAC 33:IX.301. 303. 307, 309. 311. 315. 708, 905. 1117. 1121. 1507. 2109. 2111. 2115. 2110. 2"\23.. 2125. 2501,2511. 251S. 2521, 2523. 25::2'S. 2~9, 2701,

2703.•2709. 3115, 3111'. 4505. 5700. 6113. 6117. 6121. 6123. 6125. 6135. 6507. 6703. 6901.

69~C6J!,°ki331. ~:?i;903. Ill'.

~j~5 l~~~. ~~~'; ~~J' 1139, 1205,

LAC 33:XV204. 205. 209. 211. 212. 213. 320. 321. 322, 324.

mA~~~nJ~1B.3::fu.~~~, m: 442. 461. 48B. 490, 496.

;~~;~83,~~6~'66~~'iZ:: ~~~: ;grJ, 7~163~0~;o~~7i3g~~· ~ci~: 1314, 1325, 1331, 1332. 1333. 14D7, 1408, 1410, 1417, 1418, 1420. 1515. 1516, 1707. 1711. 055. 2014, 2017. 2022. 2506, 2501, and 2508. ihefe wa5 a reorganlzallon 0' the deparlmenl under tne naw

~~~~~\~a~~O~er~~c~~oroo~~~ deP8:rlmenrs dl\lis;ons in the regulations to reflect the new organizational struc1ura of the departmenl. Th~ tule also makes minor grammatical cor·

rec\ions and 'on-nal changes 10 internal regulahon references. ThlS change IS. necessary to koep Ihl!:! rBgulatlons current In order to prov\de accurate inlormatlon lor the rflgulated. community. The baSI!; and rationale

~~rr~~~ ~~~po~~?Sj~u~e. -;~~~~ cit9d tn 1he regulations to cor-

~~~rs~;;~s'0~~:a~';; o~~~~o~~~ departmont was reorganized.

This proposed n,.lefn.eets an exceptton listed inA.S. 30:2019

~R~~~~oi;dn! '~ep~:~~~~C:~~~ environme(ltal/health benelits

and social/9'ConomtC costs is ,eQutred. T~is proposed rule

r~~~k)~~bwm~~c~~~~~ ~~~72~S d~$crjbed +n A.S.

A pUblic heOJrlng will be held on August 25. 200"5. at 1:30 p.m. In the Galvez Building" Otiver PolkXk Conference ROom. 602 N. Afth Street. Baton Rouge, LA 70802. Interested persons are lnvited to attend and suomi't oral commflnt~ on Ihe pro~

~~s':t~u:~fJ~~~er;:s'di~gl~~~ need an accommodation in

~~~ £~';~t~: p~'D~~~l the address given below or at (22!?l 219·3550. Fras parking 1$ 8vat!&ble across the slraef In the Gatvez par1o:ing garaga whe11 the parkW'lg ticket IS valil- dateet by department personnel

al~~ ~~:~~ed persons are

invtred to submit written cont- ~ents on the proposed reguLa· I tOn. Persons commenting should referenCf31 th~ proposed

regulatlOn by 05065.. Such comments musf be recetved no ~ter than Seplembflr 1, 2005, at 4'30 p.m., and shou'd be s~mt

to JudIth A. Schuerman. Ph.O.• Ofltce of the secretary. Las;.al Aflai(s and ,R,egu'afton

~;~2,'Oa:roenn~o~i~I~LAn'70:i1~

4302 Or 10 fa)!. (2:2S) 219-3582 or by e~mail to Judith.sohuer.

~r~~~:~O~egu~~6~ g~n '~

gE(§h~~c~ec~~g~a~~~e,t~~ (225) 219·3168. Ch&Ck or money oroer is r&Quired ,n advance. for each copy of 05065_ 1 his regulalion is avail·

able on the lnternet at www.oeq.loulsiana.gov unde( AUleS and Regulations.

aV~~~bFerfg~~:;~p~~~~~~t~~nt~ folloWing DEO olffee locations

~~R'g,~~9~~~~~~O~~g~~~

=~~.3?~i1~~i'51;~6b1:~~ BUildIng. 1525 Fairfield Avenue.

Shreveport. 71101' 1301

Etd~~~1~;tr2titl trvkaensCh~~I:~: Building 4, Suite 420. New Orleans, LA 70123; 111 New Cen1er Drive. LBfayelle. LA 70508: 110 Baratana Str&9t

Lo~~~~~~.V'J~~J:~:Jr, '

Assistant Secretary

3117381'IUI14-11 211

Pegeen

My

PROOF OF PUBLICATION

Sworn and subscribed before me by the

person whose signature appears above:

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:

Q July 14. 2005

.

.

DEQ - OSEe/LARD REGULATION

REMENDER WEATHERSPOON

PO BOX 4302

I BATON ROUGE LA 70821-4302
{

Notice .05085

NonCE OF INTENT

Department of Envlronmentat

Quallly O1Iice of En.ironmetltal

Aa_menf

Organizational Changes Uncler

New Administration

(LAC 33:Parts I, III. V, VI, VII, IX,

XI, and XV) (~065)

Under the authority of the Environmental Quality Act, R.S, 30:2001 eI seq., and in accord- anoo with th", PlOvlslonS, of 1l1e Admiriistratlve, Prol;e<lure' Act, R.S. 49,:950 e\seq., the sec;ret8l)' ,gives notice'thatru,,,,,,,,king proclldure& /lave' been ,Initiate<! to amelld lheEnlllronmental Quali- tv regulations, LAq 33:Parta· III,

'J, l!!l:iytl, lX.~ ,XV\LClg, ffOo:>IJO;;»' The, ,B\"leoded

in tf)~;~~~~,~~l~~\~'> " LAC,.33:1.5Q1,90T, 1109, 1111,

1113,: 1111,: 1307,1505, 1701,

2005; .3911;: 3919,.3923" 3925,

470~ 47.03, 4705:4\~', 5T07,

ar1c9n:lii.211; sot;' 504; 505,

507, 509" 510, 613,' 91e, 919,

1105, 11\>7,' 1410, .1507,' 2103, 21 08, .2113,,:, 2116•.. ~21 •.. 2122, 2123•. 2132,-2153, . " 2301,

2303"',2807. '2511i:. 2 1,. 2631, 2701~,2'719,:.2723, 2735,.2799, 280~,280",,2809i 281fi·3OO:J,

510'1<"51.11,:[5113(5116, ,5122,

515li,,:~,'753t1,8nd,5911; ,',

3~~~~~1b~~~t:3'r303b5651'~ 708L l1,05i 15~i ',15 5" 513", , 152"'171,,,'17:>(;-.1'739;:' 'L,45, 1747, 1913, 2227,- 2231, '2",,,7,

2239; . 2241,2245. 2246, 2247,

2253,2211, 2273, .2509, 2707,

2711; .2719, 2603,:'2805, 2903,

2906,.3005,..3001,' 3OW. 3103. 3115,:33V" ,3319/3321,. 3503. 3i505;'351 J,-351~'-35t7. 3523,

3SZS.'3S27;';370.7;,-37n. 3715,

3717, ',31,19;:,3841l lI029i;4043,

4045',<:4065.,-4083.:.4107,,4201,

4301; : 4320, ,.438'1,; 4387.' 4391,

4393, :4395;. 4403~: .4407. '4411, 4413.: 4437. 4449;: 4451', '4462;

m~';~Ut3~~"~~I2,;'_~~;??' lAC 3$:V1_20~.·303;9",.'ilr\d 913; '.' ,'." >,

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

f1 )3 day of _J--=--U---J-ly"--' 20 0 \5

!

212

AD
----------------------

LAC 33:VU.113.~32!t.303. 305, 307, 311, 315, 6w, 1)U<I, 509, 51'1,

513,516;517,701, 709••7H, 113,

715, 711•.n9;721. 723bn5~7V, 909, .1109,.1303.13 5, ~ool,

10307. ,10513. 10515,...10517,

10519, 10523;'10~. 1.~531; .

'EA~imx~'rdk.3iJl,:m, 31" 31S: 7081 005,1111•.. 1121,: 1507 2109 .~111, 2nS,. 2119" 2123' 2125' 2501, 2511,·2515, 2521' 2S~ .2525.25211,2701, 2703: 2709, 31.15. ·31 I 1,4505;

5709, 611a, '6117,.8121,6123" 6125,6135,'85071l1,03.~I,

6905.6907 and 1135,... ·'- ,- LAC 33:)(1.301- 303, 903, .1111,.

1113, 1123; 11~13~1139,

1E2~ ~0jv.~I 205,'209 21 i.

212, 213, 320,321, 322. 324, 326,

328, 331,. 332, 36.'J_ 390,'

399Appendlx B, 430,~, 438,

442, 461, 488.' 490 496. 499.Appendix.O, 675, 517, 678, 579 603 808 809,104 719.731, 761: 803, 9O~1 911. 131a. 1017,

1103, 1104, 1303.1309. 1314,

1325, 1331, 1332,. 1333, 1407, 1408 1410. 1417,1418, 1420, 1515: 1516, ·1707, 1711, 1755,

2014, 2017, 2022, l!506. 2507, and 25{Js,." '.

Ther8~~ a ~imtionQI the dep8,rtnient under·. tI)e.. fleW

admhilstrillfof!.· ThIs.PlOIlOsed rule revises r9IefIlnceeto tiled&:-

partment's dlvisiQn$.ln tIle- regu- lations _to.lllIIect the .r::: ~.

:'~&'::~.m~~ nor gnlminaticalc:orrectiofls and format cI\linges lQ' i~erna\ regli- lalion reI~cet._ Th,sl:tlange IB

necessary to. kjiep. tI)e. reg'!'.... lions current In orner toprov.o;fe accurate Inlonnatioo lor thel'8ll- ulate<l community. The b'!1~ andmtionale lor this PI'OP9""" rule am to -comlCl the tjlvlslon names cited In the regUlatlOllS to

~~:;:J'~i&l~~ orwh': the dePartment was /'IlOtlI8IlIZed.. This prQllOS!!d. rule . an exception listed ,n R.S.

30:2019(0)(2) . and R.S. 49:~G)(3); theretore, no report

regardll1g environmentaVhealth benefits. and aoclalleconomic costs is required. This propOsed rule has .no known. impact on family· formation; stabirlty, and autonomy is described," R.S. 49:972.. ..', c' •. .- . A public hearing will be held on AU~st 25, 2ooS; at 1:30 p.m. in tho Galvez Building, Oliver Pol213

lock Conlerence Room. 602 N. Fifth Street, eaton Rouge. LA 70802. Interesled persons are invited 10 attend and submh oral comments on the proposed amendment.. Should individu- als with a d,sahllity llged an a~­

commod ahon ,n aider to part,cIpate contact Judith A. Schuerman, Ph.D., at the ad- ,dress given below _or .at (2:25) 219-3550. Free parkmg 's avarla- ble acr03S the str""t In the Galvez parl<ing garage when the parking ticket 's validated by de- partment personnel at the heat·

'lli interestoo persons am Invil- ed to submit wrirten comments on the proposed regulation. P~­

sons commenting should _rel",- ence this proposed reguletlon. by

05065., Such ccmments must be received no tater than Sep- tember 1. 2005, at 4:30 p-m-hand should be sent to Judit A. SChuerman. Ph.D., OIfice of the Secretary. Legal Affairs ~d_~­

ulatian Development D'YISlon, Box 4302, Baton Rouge, LA 70821-4302 or to tax (2251

219-3582=e-mail to jll:: dr.SChUe la:90Y. _Cop,es o this pro regulat,on can be8'urchased by contacting the DE Public Records Center at {225j219-3168. Check or money ordB1' is required in advance for each copy of 05065. This regu- lation is available on the Internet

at ra:W.9w. 10uisi!"J8,gOY under Au eS'an egu(at,OI1s. This proposed r~ulatio.n Is available for inspection at the . following OEQ office locetions from 8 am. unti14:30 p.m~ 602 N. FifItl Street eaton Rouga LA 70802; 1823 Hlahway 546, West

Monroe, LA 71292; State Office Building,. 1525 Fairfield Avenue,

Shreveport, LA 71101; .1301 Gadwali Street. Lake Charles, LA 70515; 201 Evans Road, Building 4, Suite 420 New Orleans,.LA 70123; 111 New CeJl1... Dnve" Lafayette, LA 70508; 11 u Barataria Street, Lockport, LA

70374. Wilbert F. Jordan, Jr,'

Assistant Sect9taIY

Monroe, LA July 13, 2005
RECEIVED

JUL 26 Z005

LO[QJCS[C/lAHD

REGULATION DrvELOPMENT S[CTlON

221 JEFFERSON STREET

LAFAYETTE, LA 70501

Acadiana's Dai1y Newspaper

THE ADVERTISER

PHONE: (337) 289-6300

FAX: (337) 289-6466

,(

;

AFFIDAVIT OF PUBLICATION

LDEQRD

07531307

$110.00

19

Remender D. Weatherspoon

LA Department of Environmental Quality

OSEe/LARD/Regulation Development

P. O. Box 4302

Baton Rouge, LA 70821~4302

Account No.:

Ad Number:

Ad Total:

Ad Inches:

Reference No.:

"To insure proper credit please refer to your account number

and/or ad number when making payment Remittance address:

P.o. Box 3268, Lafayelle, LA 70502-3268

I, ROSE PENFOLD, do solemnly swear that I am the LEGAL CLERK of THE ADVERT/SER,

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 Environmental Assessment

Organizational Changes Under New Administration

(LAC 33:Parts I, III, V, VI, VII, IX, XI, and XV) (OS065)

was pUblished in THE ADVERTISER on the following dates:

*Wednesday, July 13, 2005

Sworn to and subscribed before me this /5 day of July, 2005.

214
075J1Jl)7

NOTICE OF INTENT

Departmenl of Envinmmental Quall1y

Office of Environmental

Assessment

Organlzat.onal

Changes Under New Admin~1ration

(LAC 3J:Par1s I, III, V, VI. Iftl, IX, XI. and '. XV) (05065)

Under Ihe authority of Ihe Environmental

~~~J~{ et ;'~t:,. anHri 'accordance wjth the provisions of the Ad- ministrative Proce- dure Acl, R. S. 49:950 et seq., the secretary

gives ·notlce that rule-'

~~~in6'eenfn~f;~~~~rr~ amena the Environ- mental Quality regula· tlons. LAC 33: Parts I,

III, V, VI, VII, IX, XI, and XV (Log #0$065). The sections amended in this rule are as fo~~

lows.: LAC 33: 1.501. 907,

1109, 1111, 1113, 1117,

1307, 1505, 1701, 2005,

3917, 3919. 3923, 3925, 4701. 4703•. 4705, 4711,

5707, and 6921; LAC 33:11I.211, 501,

504, 505. 507, 509, 510,

613, 918, 919, 1105, 1107,

1410, 1507, 2103, 2108,

2113, 2116, 2121, 2122,

2123. 2132, 2153, 2201,

2301, 2303, 2307, 2511,

2521, 2531, 2701, 2719,

2723;' 2735, 2799, 2805,

2807, 2809, 2811, 3003,

5107, 5111, 5113, 5116,

5122, 5151, 5307, 5311, and 5911; LAC 33:V. lOS, 109,

303, 309, 321, 323, SOl,

520, 537, 565, 590, 708,

1105, 1504, 1505, 1513, 1527. 1715. 1737, 1739,

1745, 1747, 1913,' 2227,

2231, 2237, 2239, 2241,

2245, 2246, 2247, 2253,

2271, 2273, 2508, 2707,

2711, 2719, 2803, 2805,

2\103, 2906, 3005, 3007,

3009, 3103, 3115, 3317,

3319, 3321. 3503, 3505, 3511. 3513. 3517, 3523, 3525. 3527, 3707, 3711,

3715, 3717, 3719, 3841. A029, 4043, 4OA5, 4065,

A083, A107, A201, 4301,

4320, A381, 4387, 4391,

4393, 4395, 4403, M07,

A411, 4413, 4437, 4449,

A451, A462. 4A72, M74, 4489. 4512, 4522, 4534, and 5309; LAC J3:VI.201, 303, 911. and 913; LAC 33:VII.113, 301,

303, 305, 307, 311, 315,

503, 505, 509, 511. 513,

515, 517, 701, 709, 711,

713, 715. 717. 719, 721,

723, 725, 727, 909, 1109,

1303, 1305, 3001. 10307,

10513, 10515, 10517,

10519, 10523, 10525,

10531, 10533. 10535, and 10536;

LAC 33:IX.301, 303,

307, 309, 311, 315, 708.

905, 1117, 1121, 1507,

2109, 2111, 2115, 2119, 2123. 2125, 2501, 2511.

2515, 2521. 2523, 2525,

252\1, 2701. 2703, 2709,

3115, 3117, 4505. 5709,

6113, 6117, 6121. 6123,

6125, 6135, 6507, 6703, 6901. 6905, 6907, 'and 7135;

LAC 33:XI.301. 303, 903. 1111, 1113, 1123,

1129, 1131. 1139. 1205. 1305, and 1309; and LAC 33:XV.204, 205,

209, 211, 212, 213, 320,

321, 322, 32A, 326, 328, 331. 332, 361, 390,

399.Appendix B, A30,

436, A38, M2, 461. AS8,

g,o, 5:~~' 5:r.-~~e"s~~~ 603, 608, 609, 704, 719,

737, 761. 803, 907, 911,

1016, 1017, 1103, 1104,

1303, 1309, 13H, 1325, 1331. 1332, 1333, 1A07, lAOS. lAIO, 1417, 1A18,

H20, ISIS, 1516, 1707,

1711, 1755, 2014, 2017,

2022, 2506, 2507, and 2508.

There was a reorgan· ilatlon of the depar1· ment under 1he new administra-::;on. This proposed rule revises references to the de·

r;:t~n~;:tl~~~Sif6'~r~~ flect the new organlza' tlonal structure of the department. The rule also makes minor grammatical correc- tions and format Changes 10 Internal regulation references.. This change is· neces- sary to keep the regu' lations current In or-

~:{e -tin~~:~~onac~~~ the regulated com· munity. The basis and rationale for this pro- posed rule are to cor- rect the division names cited In the reg- ulations to correspond to the nlPW or renamed divisions created when the department was reof'ilanlzed.

Th,s proposed rule meets an exception listed In R.S. 30:2019(0)(2) and R.S. 49:953(G)(3); there· fore. no report regard- ing envlronmental/ health benefits and so· clal/economic costs is required. ThiS pro'

~~dn i.;,ul:C1 ~~sf~~~ Iy formatron, stability, and auton'omy &s de- scribed in R.S. 49:972. A public hearing will be held on August 25,

2005, .t 1:30 p.m. in the Galvez BUjldin9~

Oliver Pollock Confer' ence Room, 602 N. Fifth Street. Baton Rou9", LA 70802. In· teres-ted persons are invited to attend and SUbmit oral comments on the proposea amendments. ShOUld individuals with a disa- bility ne-~d an accom- modation in order to par1lclpale, contacl Judith A. Schuerman, Ph. D., at the address

~~~~j'55~el'1r~~ ~~~[j!~~ Is available across the stree1 in the Galvez

r;~I'~"irkr,;';a1rCk~h~~

~~~~a~~rso~~eld:fi~~ hearin~.

All Interested per- sons are invited to submit written com- ments on the proposed

regUlation. Persons commenting should reference this pro- posed regUlation by 05065. Such com· menls must be re- ceived no later than

215

5eplember 1, 2005. al 4:30 p,m .• and should be sent to Judith A. 5chuerman. Ph.D., 01· fice of the Secretary.

Legal Affairs and Reg·

ulation Development Division. Box 4302,

Balqn Rouge, LA 70821·4302 or 10 FAX (225) 219-3582 or by e- mail to judlth.schuer

man@la.gov. Copies of Ihls proposed regu' lation can be pur- chased by contacting the DEQ PUblic Re cords Center at (225j 219·3168. Check or money _order is re- Quired tn advance for each copy of 05065. This regUlation is available on the InteF'"· net as www.deq.louisi

:~~re~ul~i'i~:S. Rules

This proposed regula· lion is available for in' spection at the tollOW· Ing DEQ office loca' tions from 8 a. m. until 4:30 p.m.: 602 N. Filth Street, Baton Rouge, LA 7OS02; 1823 High· way 546, weat Monroe, LA 71292; State Office Building, 1525 Fair· field' Avenue. Shreve' port, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 201 E vans Road. Building 4, Sulle 420. New Or' leans, LA 70123; 111 New Center Drive, La· fayette, LA 70508; 110 Barataria Street,

Lockport, LA 70374. 'Wilbert F. Jordan, Jr. Assistant Secretary
RECEIVED II

.1111 14 ?QO~

LDEQlOSEC/lJ.RO

REGULiIlION DEVELO PMENl SECllON

3800 HOWARD AVENUE, NEW ORL:£ANS, LOUISIANA 70140·1097 TELEPHONE (504) 826-32:06

Notary Public

My commission e.xpires at my death.

Charles A. Ferguson, Jr,

Notary identification number 23492

The Times Picayune

Dept. Of Environmental Quality

216

Advertisement of

Was published in

State ofLouisiana

Parish of Orleans

On the following dates .....:J:..:u=ly~1~1,~2:..:0:...:0..:..5 _

City of New Orleans

Personally appeared before me, a Notary in and f,Jr the

parish of Orleans, Robert 1. Chiasson who deposes and

says that he is the Accounts Receivable Manager, of The

Times-Picayune Publishing Corporation, a Louisiana

Corporation, Publishers ofThe Times-Picayune, Daily and

Sunday, of general circulation; doing business in the City

ofNew Orleans and the State ofLouisiana, and that the

attached LEGAL NOTICES

RE::Notice oflntent Organizational Changes under New

Administrational #OS065 Lac 33:Parts I,III,V,VI,VII,IX

P.O. BOX 4314

Baton Rouge, La. 70821-4313

11th

Thi!. prOl'oH'd rule mluHs. 10 r ellCepliol1 listed in R.S. JO.201910lll) and R.I. 49:95HG jlJ); Ih~ref<lreJ no report regiBrOJno

enviroome-n1alihealfh benefih and ~oc!alleconomic (o'lil~ i~

reqllin~d. Thi~ proPo~l£:d rvle has no known- imtlllcl ';In family formaliDn, !II ablJilY1 lllld aulDnomv iH described 11'1 R.S. 49:971.

T ~i\ propoHd re;ul"tron I~

"vaflable for jn~ptclion ilIl I~E'

following DE:Q olfice loeb/ions from 8: a.m. unlij 00 p.m.: 602

~ri8~~~thliJ3ei!~l~~~~~ ~~~~ew~~ MOflroe. LA 7125'1; ~Iale Office

Buildinv. 1~2S rairlield Avenue. Shreveporl, LA ] 1101' lJUl

r~d~p~ld/r~~I( ~~kaen~c~a~~eJ: Building 4, Suite 00, New

Orleans, LA }OlZJ; 111 New (enler Orivl1', LalaveUe-. LA 'IOS08; )10 B"ralaria Slreel, Lockport, LA ]0]14

Wilbert F Jordan, Jr.

A~~i~lanl 5euelarv

DepClrlm~nl of

Environmenral OJalJly

Office of Eovironm('lllal Asu!ssmenT

Or9anrzatiooal Cnangel. Ulld..,.

New AdnlinislrBliofl llAC 3]:Par,. LIII. V, VI. VII,

IX, XI. and XV'IOS06lJ

NOTICe of INTENT

Under IrH' authority 01 Ihe Environmental Qualilv Act R.!J. 30:10111 fir s,eq., ano in

D{(ordanc.e .".jlh Ihe prOl/i5ion~

of the Adminis.lrattve PrOrp.l1urt

ACI, R.S. 49:950 et Sl:'~" ~h£'

!oE'cr~larv ~11Jes. notiCE Ihal rull'mllking proCfdurl1's ha~e

been iniHaled 10 amend the E nv;ronmenlol QualilY'

rpgul",tiom. LAC llParh l, III, v. VI, VII, IX, XI• • nd XV (Lo• .,OS06S). The lecliom ameflded in this. nJle are as foUo"'l~:

Ther~ wa~ a r('organilalion of the depadrneol under Ihe new

admillls.lJalioll. TlJis proposed rule re'liSIH references 10 Ille departmenl's. dil'isions in the I regulations 10 (("Heet the nl'W

• Organhillional slrue:ture ot thE' deparlm(lllL The rule ah'D

ma~8S min9r grammatical CQrr('clion1 aM lor mal (flange-, 10 inlerna! re~lJlaliol'1 refer('nce,.

Tnis th;!!fllile is necessar,; 10 keep lne rE'~ulaljons (urrenl in

Order ID JHoy;de itccuralE'

informalion -for the re~u'aled

communilv. The tlftS!s ilnd raliollaj(' for this pro(loowd rule are 10 1;0 rrl'c 1 lhll divhion name~ dIed in the regulalilln~ 10 ,orre~pond 10 the new or renamed divi~io!u (reared when. !~f deoerlrr·enl wail r~or9.nlt<d, I
RECEIVED

JUL 18Z005

LOEQ/OSEC/LARD

REGULATION DEVELOPMENT SECTION

Gwendolyn R D ... ugas

#056523

STATE OF LOUISIANA

Parish of Calcasieu

00053262

LA. DEQ OSECILARD

REGULATION DEVELOPMENT

REM ENDER WEATHERSPOON

P.O. BOX 4302

BATON ROUGE, LA 70821-4302

Before me the undersigned authority, personally came and appeared

~.JJ(~ who being 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 published in said newspaper in its issue(s)

dated:

00181665 - $56.00

July 13,2005

Duly Authorized Agent

Subscribed and sworn to before me on this 13rd day of July, 2005 at Lake

Charles, LA '7

00053262

LA. DEQ OSECILARD

NOTICE OF INTENT Affidavit of Publication

Deportment of EnvIronmental Qualitv, 01·

lice of Envi ron mental

Assessment, Organizational Changes Under

New Administration

(LAC 33: Ports I, III, V,

VI, VII, IX, XI, and XV)

(05065) Under the authority of

the Environmental

QualifY Ad, R.S.30:2001 et seq., and in accor- dance with fhe provi- sions of the Administro~

live Procedure Act, R.5_

49:950 et seq., the seeretarv gives notice that

rulemaking procedures

have been initiated to

amend the Environmental Qualitv regulations,

LAC 33:Parts I. III. V, VI. VII, IX. XI, aod XV (Log #05065). The sections amended in this

rule are oS fallows: LAC 33:1.501,907, 1109. 1111. 1113, nl7, 1307,

1505, 1701, 2el05, 3917,

3919, 3923, 3925, 4701,

4703, 4705, 4nI. 5707, and

6921; LAC 33:111.211,501,

504. 50~ 50~ 509. 51~

613.918. 919. 1105. 1107, 1410. 1507. 2103. 2108, 2113. 2116,2121. 2122. 2123. 2132, 2153, 2201. 2301, 2303. 2307. 2511, 2521.2531.2701.2719.

2723. 2735. 2799. 2805,

2807, 2809, 2811, 3003.

5107.5111.5113,5116,

5122,5151, 5307, 5311, and

5911; LAC 33:V.l05. 109, 303, 309. 321. 323. 501, 520. 537. 565, 590, 708. 1105,

1504, 1505, 1513. 1517,

1715, 1737, 1739, 1745. lN7,' 1913, 2227, 2231,

2237, 2239. 2241, 2245. 2246, 2247, 2253, 2271,

2273. 2508, 2707, 2711,

2719, 2803, 2805. 2903, 2906. 3005, 3007, 3009,

3103, 3115, 3317, 3319,

3321, 3503. 3505, 3511. 3513, 3517, 3523, 3525,

3527.3707,3711. 3715,

3717, 3719, 3841. 4029. 4043. 4045, 4065. 4083. 4107~ 4201, 4301. 4320,

4381, 4387, 4391. 4393. 4395. 4403, 4407, 44 11,

4413, 4437, 4449. 4451. 4462, 4472. 4474, 4489. 4512. 4522. 4534. and

5309; . LAC 33: V 1.201. 303.

911. aod 913; LAC 33:VII.113, 301. 303, 305, 307, 311, :1l5. 503. 505,509.511.513. 515.517. 701, 709, 711,

713,715. 717, 719, 721,

723. 725, 727.909. 1109, 1303. 1305. 3001. 10307. 10513. 10515, 10517, 10519, 10523. 10525, 10531., 10533.

10535, and 10536; LAC 33: IX.301. 303,

307. 309. 311.·315. 708. 905.1117.1121. 1507,2109, 2111. 2115, 2119, 2123,

2125, 2501, 2511. 2515,

2571, 2523. 2525,7529,

2701,2703. 2709. 3115, 3117. 4505, 5709.6113. 6117. 6121. 6123. 6125. 6135. 6507, 6703. 6901, 6905.6907. and 7135; LAC 33: X 1.301, 303. 903.1111. 11l3, 1123. 1179,

113), 1139. 1205, 1305. and

1309; and

217
LAC 33:XV.204, 205,

209,211,212, 213, 320,

321, 322. 324, 326, 32B,

331, 332, 361, 390. 399.Ap· Pendi:. B, 430, 436, 43B.

442, 461, 488, 490, 496.

499.Appendj:. D, 575, 5n

57B, 579, 603, 608, 609,

704,719, 737, 761,803,

907, 911, 1016, 1017, 1103,

1104, 1303, 1309, 1314,

1325, 1331, 1332, 1333,

1407, 140B, 1410, 1417,

1418, 1420. 1515, 1516,

1707, 1711, 1755, 2014,

2017,2022. 2506, 2S07, and 250B. There was a reor9anJ~

zation of the dePCIrtment

under the new odministration. This proposed ru~e revises _references to the deparlments divl·

slons in lhe regu lations to reflect lhe new organ· izational structure or the

.department. The rule

also makes minor gram· matlcol carrecrions and

format changes to inter·

nal reoulatlon reler· ences. This change is

necessary to keep the

reoulatlons current in . order to provjde accu· rate informotlon far the

regulated community.

The bosis and rOlionale

lor this prOPosed rule are to correct the dlvi·

slon names cited in the

regulations to corre- SPOfld·to the new or reo named divisions created

When Ihe department was reorganized. This proposed rule meets on exception

listed In R.S.

30,2019(DJ(2} and R.S.

49:953(G)(3); therefore, no report. regarding en· vironmentaVheo lIt> benefits and socialleconomic costs is required. This proposed rule has no kn.own impact on family formation, stobility, and autonomy as described In R.S. 49:1J72. A public hearing will

be held on August 25,

2005, 01 1:30 p.m. il\ the

Galvez Building, OliVer

PoUock Conference

Room, 602' N, Fifth

Skeet, Baton" Rouge, LA

70802." Interested per· sonsare inVited to at.- tend and submit oral comments On the pro- posed amendments.

Should individuals with a disability need on ac- commodation in order to participate, contact Judith A. Schuerman,

"Ph.D., at the address

givel\ below or at (225)

219-3550. Free parking is available across the street in the Galvez

parking garoge when

the parking ticket is

validated by depart· menf personnel at the

hearing. .

218

All interested persons are invited fa submit

writfen comments on lhe proposed regulation. Persons commenting

should reterence this

proposed regulation bY OS065. Such comments must be received no later than September I,

2005, at ~:30 p.m., and

should be sent to Judith

A. Schuerman, Ph.D.",

Office of the Secretary, Legal Affairs and ReguJatlon Development DIvision, Box~302, Boton

Rouge, LA 70821-~302 or to FAX (225) 219-3582 or by .-moll to ludith.schuerman@la.go

v. Copi•• of this pro- posed regulation con be

purchased by contacting

the DEQ PUblic Records

Center at (225) 219-3\68.

Check or money order Is

required In advance lor

each copy of OS065. This

regulation Is available on the Internet of

www.deq.loulsiana.goY

uncler Rules and Regula·

tlons.

This prOPosed regulatlon Is available for in·

spectlon at the followin"ll

DEQ office Jocotlons

from 8 a.m. until 4:30

p.m.: 602 N. Fifth

Street, Bolon Rouge, LA

70802; 1823 Hlgtyway 546,

West Monroe, LA nm; State OffIce Building, 1525 Fairfield Avenue,

Sh reveport, LA 71101 ; 1301 Gadwall Street,

Lake Charles, LA 70~15;

201 Evans Rood, Building 4, Suite 420, New Or:

leans, LA 70123; HI New"

Center Drive, Lafoyef1e,

LA 70508; 110 Barataria

Street. Lockport, LA 70374.

Wilbert F. Jordon. Jr.

Assistant Secretory July 13 It

00\81665
July 13, 2005

Before me, the undersigned authority, personally came and appeared

RECEIVED

JUL 26 Z005

lDEQJOSEC/lARO

REGULATION DEVELOPMENT SECTION

Rita Harris, personally known to me,

,)IA~ W.BARBER, NOTARY PUBLIC" 60491

CADDO PARISH, LOUISIANA ..v COMMISSION IS FOR LIFE

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

Classified Advertising Manager ofThe Times, and that the attached

Advertisement entitled:

00000

PROOF OF PUBLICATION

Sworn to and subscribed before me tills 13th day of July, 2005

STATE OF LOUISIANA

PARlSH OF CADDO

--l1l\(QAi £L ls.Cg.-JJJ-0.lf (Notary)

NOTICE OF INTENT Department ofEnvironmental Quality Office of

Environmental Assessment. Organizational Charges Under New

Administration (LAC 33:Parts I, III, V, VI, VII, IX, XI, and XV) (OS065)

~OTlCE OF INTENT

Department 01 En....lron·

mental Quality Office 01 Enwonmental

Assessment

Organizational Changes

Under New

Administration V

(LAC :J3Parts I III.

VI VII. IX. XI. and XVI

(05065)

..Under the authority of

the Environmental Quality AL1, R.S, 30:2001 et

seq.. and in accordance w~h the provisions of the

Administrative procedure Act. AS, 49950 et

seq.. the secretary glvas

notice that ruremaklng

procedures have been

initrated 10 amend the,

EI'IVifonmenlal Quality

regulaliol'ls. LAC

33parts I, III, V, VI. VII,

IX, XI, and XV (Log

1t05(65), The sectionS

amended in this rule are

as tollows:

LAC.33J501. 907.1109,

1111,1113.1117,1307,

1505. 1701, 2005. 3917,

3919.3923,3925. 4701 • <\703,4705.4711,5707.

and 6921; LAC 33:111.211, 501, 504,

505,507.509,510,613,

91B, 919. 1105, 1107.

1410, 1507,2103, 210B,

i 2113,2116,2121,2122,

, 2123.2132.2153.2201.

2301. '2303,2307,2511,

2521,2531,2701,2719,

2723, 2735, 2799. 2805,

2807,2809, 2B11, 3003.

51075111.5113,5116.

5122: 5151, 5307,5311,

. and5911;

LAC 33 V, lOS, 109, 303,

309, 321, 323, 50r, 520,

537 565. 590. 708,

1105,1504, 1505, 1513,

1527.1715, 1737. 1739, . 1745 1747.1913,2227.

223( 2237, 2239, 2241.

2245.2246. 2247. 2253.

2271 2273, 2508, 2707,

2711: 2719, 2B03, 2805,

-2903. 2906, 3005, 3007.

3009.3103, 3115, 3317,

3319, 3321. 3503. 3505,

3511,3513.3517.3523,

3525, 3527. 3707, 3711.

3715.3717,3719.3841,

4029.4043,4045, 4065.

40B3, 4107,4201,4301,

4320 4381, 4387, 4391,

.4393: 4395. 4403. 4407,

4411,4413,4437.4449. '

4451,4462,4472,4474,

4489. 4512, 4522, 4534,

and 5309;

LAC 33:VI.201. 303.

911, and 913; . LAC 33VII,113. 301,

303.305,307, 311, 315,

503,505,509,511,513,

515.517,701,709.711.

713,715,717,719.721,

723, 725, 727, 909,

1109,1303,1305,3001,

10307. 10513, 10515,

10517,. 10519, 10523.

10525, 10531, 10533,

10535. and 10536; , LAC 33:IX,301' 303,

307.309, 311. 315. 70B.

90S, 1117, 1121. 1507.

2109,2111.2115.2119,

2123,2125,2501• 2511 • 2515 2521. 2523, 2525,

2529',2701, 2703, 2709,

3115,3117,4505,5709,

6113,6117.6121,6123,

6125,6135.6507,6703.

6901, 6905. 6907, and

7135;
LAC 33:XI.30~" 303,

903 1111,1113:, T123.

1129. 1131.•.113!l"'~:;P5, 1305. and 130~'~? ":

LAC 33:)(V.204}i'Z05·

209 211. 21~o 213, 320.

, ~~\..32id2~3~~~' 328 ..

i 399.Appendix B,~. 436,438, 442. 461.:~.

490. ·496, 499.AppendlX

D. 575, 577. 578. 579,

603. 60B. 609. 704. 719,

737,761,803.907.911.

1016, 1017, 1103, 1104,

1303 1309, 1314.1325,

133t: 1332,1333.1407,

1406,1410,1417, 1416.

1420,1515, 1516, 1707.,

1711, 1755, 2014, 2017,

2022, 2506. 2507, and

2508.

..There was a reorganization of. the deparlm"nt

under Ihe new admInIStration. This proposeC\

rule revises relarences

10 Ihe department's divi'

sions in the regulations

to rellecl the new organl·.

za!i.ona' slruclUre 01 the departm~n\. The rule al·

so makeS minor gram· .

matical corrections and. i

100mat changes 10 inter· .

nal regulation relerences. This change ,s nee' .

essary to keep. the regulations current In order [0

provide accurate' inlor·.

malion for the regulated

community. The basis

and ralionale for thiS

proposed rul.e .are to cor-

. rect the diVISIon names

ciled in the regulations to

correspond to lhe new or renamed ct·,visions creat·

ed when Ihe department

was reorganized.

..This proposed rule

meets an exception IIsled in A.S. 30:2019{D)(2)

Bnd R.S. 49:953(G)(3);

therefore, no report reo

g a·r·· 0 i n [I

environ ment altheaIlh

benefils and

social/economic cosls 's

required. This proposed

rule has nO known Impact on tamUy formation.

stability, and autonomy

as described in A.S.

49:972•.

..A publiC hearing will be

held ol1 August 25, 2005,

at 1:30· p.m. in .the

Galvez Building. Oliver . Pollock Conference

·0· Room, . ,602 N. FIfth

Str~t, Baton Rouge. LA . 70802... Interested per-

. sons are invited 10 at·

hind' and submit oral

comments· on the pro- .posed: 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. Free parking

I is available acrosS the

; slreet in the Galvez

parking garage when the

parking licket i~ valldat·

ed by department personnel at the hearing

220

.. An inlAresled persons

are invited fo submit wril'

len comments on tile

proposed regUlation,

Persons commen~ng

should reference this·

proposed regulation by.

05065. Such comments must be received nO lat·

er than September 1.

2005. at 4:30 p.m.. and

should be sent to Judith

A. Schuerman, Ph.D..

OHice of. the Secretary,

Legal AHairs and Regu'

lation Development Division. Box 4302. Baton

Rouge, LA 70821·4302

0' to FAX (225) 219·

3582 or by e·mall to jUdilh.schuerrnan@la.go

v. CopIes of Ihis pro·

posed regUlation can be

purchased by contacting

the DEO Public Records

Center at (225) 219-

31.68. Check or money

orde r is required in ad·

vance for each copy of

05065. This regulalion

is available on the Inler·

net . at

www.deq.louisiana.goY

under Rules and

Regulations.

! ..This· proposed regulation is available tor in·

spection at the follOWing

DEQ ollice locations

from 8 a.m. until 4:30

p.m.: 602 N.. Fifth

Street, Baton Rouge, LA

70B02; 1823 Highway

546. Wesl Monroe. LA

71292; State Office

BUilding, 1525 Fairfield

Avenue, Shreveport. LA

71101; 1301 Gadwall

Street, Lake Charles, LA

70615; 2:01 Evans Road,

Building 4, Suite 420.

New Orleans, LA 7Q123;

111 New Cenler Drive,

Lalayetle, LA 70508;

110 Baralarill Slieel,

Lockport, LA 70374.

.. Wilbert F. Jordan. Jr.

.. Assisl1lnl Secrelary

• The Times

j July 13. 2005
RECEIVED

JUL 18Z005

lDEQJOSECILARD

REGULATION DEVElOPMUlT SECTION

AFFIDAVIT OF PUBLICATION

( A Correct Copy of Publication) 1, Linda Ward, Call Center Supervisor

NOTICE OF INTENT

Department 01 Environmental Qua.itv

Office of Environmental Assessment

Organizational Changes

Under f\Jew Administration

(LAC 33:Partsl. III. V,

VI. VII. IX. XI. and XV) , (050651

Under !he aulhoritv 01 1tle Environmental Qualify Ad, R.S. 30:2001 eI seq., and in accordance With the Pfovi- sjons of the A.drTnnistratlve Procedure Ad, RS. 49:950 eI SEQ., 1he secretary gives nolice ltIat rulernaking pn:rcedures have been initiated to amend the Environmental Qualitv reg.-

ulations. LAC 33:ParIs I, III,

V, VI, VII. IX, XI, and XV

(Log #050&5), The sections ·amended in this rule are as

follows:

LAC 33:1.501. 907, 1109,

llll, lll3, 1117, 1307, lSOS,

1701, 2005. 3917, 3919, 3923,

3925, 4701, 4703, 470S, 4711,

5707, and 6921;

LAC 33:11I.211, SOl, 504.

505. S07, 509, 510, 613. 918, 919. 1105, \l07. 1410. 1507,

2103, 2108, 2113~ 2116, 2121; 2122. 2123, 2132, 2153, 2201, 2301. 2303. 2307, 2511, 2521,

2531, 2701, 2719, 2723, 2735,

2799, 2805. 2807, 2809, 2811,

3003. 5107. 5ll1. 5113, 5116. 5122. 5151, 5307, '5311, and 5911;

LAC 33:V.lOS, 109, 303. 309, 321, 323, SOl, 520, 537,

565, 590, 708, 11 05•. 1504,

1505, 1513, 1527, 1715. 1737. 1739, 1745. 1747. 1913, 2227. :lZll, 2237. 2239. 2241. 2245. 2246, 2247, 2253, 2271. 2273,

2508, 2707, 2711, 2719, 2B03,

2805. 2903, 2906. 3005, 3007, 3009. 3103, 3115, 3317, 3319,

3321. 35OJ, 3505, 3511. 3513, 3517. 3523, 3525, 3527. 3707. 3711. 3715, 3717, 3719.3841,

4029, 4043., 4045, 4065. 4083. 4107, 4201, 4301, 4320; 4301. 4307, 4391, 4393, 4395, 4403,

4407, 4411, 4413. 4437. 4449. 4451. 4462; 4472. 4474, 4489, 45l2. 4522. 4534,'and 5309;

LAC 33:VI.201, 30]. 911, and 913;

LAC 33:VII.113, 301. 303. JOs, 307, 3ll. 315. 503, S05. 509, 511, 513, 515, 517. '701,

7(19, 7ll. 713, 715, 717, 719. 721. 723, 725, 727, 909, llO9,

1303, 1305. 3001. 10307. 10513. 10515, 10517, 10519. 10523, 10525. 10531. 105D. 10535. and 10536;

LAC 33:1X,301. 303, 307. 309.311,315. 701l. 905, 1117. 1121. 1507, 2109, 2111, 2115, 2119. 2123, 2125, 2501. 2511. 2515. 2521, 2523, 2525, 2529, 2701. 2703. 2709, 3115, 3117, 4S05. 5709, 6113. 6117. 6121. 6123. 6125. 6135. 6507. 6703.

6'101, 6'105. 6907, and 7135;

LAC 33:XI.3D1. 303. 903,

1111.1113, 1123, 1129, 1131.

1139, 1205, 1305, and 1309;

and

LAC D:XV.2Ool, 205, 209. 211. 212, 213. 320. 321. 322. 324. :126. 328. 331, 332. 361, 390. 399. APpcndix 5, 430,

436, 438, 442, 461, 488. 490, 496. 499. Appendix 0, 575.

m. 578, 579. 603. 608. 609,

7001, 719. 737, 761. 803. 907. 911, 1016. 1017, 1103. 1104,

1303, 1309, 1314, 1325, 1331,

1332. 1333. 1407, 1408. 1410. 1417, 1418. 1420, 1515. -1516. .1707. 1711. 1755, 2014, 201~,

2022, 2506, 2507, and 25011.

There was a reorvaniza- lion of Ihe dePartment under the new administra- 'ion. This 'proposed rule revises referenres to ltJe department's' - divisions in the regulations 10 reflecl .he new organizational structure of the depart- Me1'lt. The rule also makes

min« grammatical correc- lions and formal changes

to in"""'-' regulalion reter- E."f"Iore~ This change is nec- essary 10 keeJl the'reguia-

,tions' current in order to provide accurate informa- tion for the i'e9utated 0llTl- munitv_ The' basis "and rafionale for this proposed

rule are 10 corred !he divi- '

sian names cited in ftte

regulafions to COrTespond to

the I"'Ie'W' OJ" renamed divi- sions crealed when the department was reorgan- ized.

. This proposed rule meets an exapt10n _listed in R.S. 30:2019(0)(2) and R.S. 49:953(6)(3); Iherefure, no report regarding environ- mentallhealth benefits and sodat/economic costs is required. This proposed rule has no known imp&d" on family formation. stabil- itv,' and autonomy as described in R.S. 49.972.

A publ;,; hearing will be

held on AVQust 25. 2005. at 1:30 p.m. in the Galvez Bui/diO\l. Oliver Pollock Confererri Room, 602 N. Filth Street Baton Rouge. LA 70tl02. Inte<esled per- sons are invited to attend and 'submit -oral comments on the propOsed amend- ments. Should individuals with a disabilitv need an accommodation in order to participate, contact .Judith

A. Schuerman. Ph.D.. al the address given below or at (225) 219-35SO. Free parking is available across the _ in the Galvez

parking garage when the

Parking ticket is validated

by department _sonnel at the hearing.

of THE TOWN TALK, published at Alexandria.

Louisiana do solemnly swear that the

Legal Notice

advertisement, as per clipping attached, was

published in the regular and entire issue of said

newspaper, and not in any supplement thereof

for one insertlons commencing with the issue

dated July 13,2005 and ending with the

issue dated July 13, 2005.

.f'\ I I

U" . C~VP.elvQ,

Subscribed and sworn to before me

this

221
222

All interested persons are invited '0 submit written comments on the proposed

reoulatioo. Persons com.. menlirK! should rele<enee this proposed regulation by 05065. Such comments must be received 110 later than SePtember 1, 2005. at 4;30 ".m.,· and should be sent to Judith A. Schuerman. Ph.D., Office of

the secretary. Legal AHai'" and Regulation

Development Division. Box

43112, Baton ROUllC, LA 7l1821·4Jll2 or to FAX (225) 21?-J581 or by .,.mall to iudilh.schuerman@111.90V •

CoPies of this proposed

regula'ion can be pur- chilsed by contacting the DEQ Public Records Center ar (225) 219-3168. Ched< or money order is reqUired in . advance lor eactI coPV of 05065. .Thts regulation is available on the ln1emet at www.deq.louisiana.gov

under Rules and Regul"ilions.

This PP"OPosed regulalion is available lor insPection at the following DEQ office locations from 8 a.rn. unlH 4:30 p.m;: 602 . N. Fifth Street. Batori Rouge, LA 71l1lll2; 1823 Highwav .546. West Monroe, LA 712'12; Stale Office Building. 1525 Fl!Iirlield Avenue,

Shreveport, LA 71101; 1301 G"dwall Street, Lake Charles,. LA 70615; 201 e\lans Road, Builcfrng 4, SUite 420, NeW OrleBns, LA 70123; III New Center Drive. LaIaYette, LA 70soa;

L~.t'r~a9~4~· Slreet. WILBERT F. JORDAN, JR. .

.Assisliinl Secretary

(7l 13
i )

ORIGINAL

DEPARTMENT OF ENVIRONMENTAL QUALITY

IN RE: LOG NUMBER 05065

The Hearing Concerning

ORGANIZATIONAL CHANGES

UNDER NEW ADMINISTRATION

held at the Galvez Building, Pensacola Room, C110, 602 N. Fifth Street, Baton Rouge,

Louisiana, beginning at 1:32 p.m., on August 25,

2005.

BEFORE: Megan B. Welch

Certified Court Reporter

In and For the State of

Louisiana

ASSOCIATED REPORTERS, INC.

(225) 216-2036

223

RECEIVED

SEP 232005

LD[QJOS[CILAHO

REGULATION OEVELOPMENT SECTION
OS065

A P PEA RAN C E S

HEARING OFFICE:R:

NICOLE HANO

ASSOCIATED REPORTERS, INC.

224

(225) 216-2036

2

•

•
OS065

1 HEARING OFFICER:

3

2 Good afternoon. My name is Nicole HanD.

3 I'm employed with the Louisiana Department of

4 Environmental Quality. I'll be serving as

5 Hearing Officer this afternoon to receive

6 comments regarding proposed amendments to the

7 Environmental Quality Regulations.

8 The comment period ior these amendments

9 began on July 20, 2005, when the notices of

10 intent were published in the Louisiana Register.

11 The comment period will close at 4:30 p.m.,

12 September 1, 2005. It would be helpful to us if

13 all oral comments received today were followed

14 up in writing.

IS This public hearing provides a forum for all

16 interested parties to present comments on the

17 proposed changes. I'll ask that each person

18 commenting come up and sit at the iront table

19 and begin by stating his or her name and

20 affiliation for the record.

21 The amendment is designated by the Log

22 Number OS065.

23 There was a reorganization of the department

24 under the new administration. This proposed

25 rule revises references to the department's

ASSOCIATED REPORTERS, INC.

225

(225) 216-2036
OS065

1 divisions in the regulations to reflect the new

4

2 organizational structure of the department. The

3 rule also makes minor grammatical corrections

4 and format changes to internal regulation

5 references. This change is necessary to keep

6 the regulations current in order to provide

7 accurate information for the regulated

8 community.

9 Does anyone care to comment on this

10 regulation?

11 (Pause).

12

13

If not, the hearing on 03065 is closed.

Thank you for your attention and

14 participation. This hearing is closed.

15

16

17

18

19

20

21

22

23

24

(THE HEARING CONCLUDED AT 1:33 P.M.)

ASSOCIATED REPORTERS, TNC.

226

(225) 216-2036
1

OS065

REP 0 R T E R s P AGE

5

2 I, Megan B. Welch, Certified Court Reporter,

3 in and for the State of Louisiana, the officer,

4 as defined In Rule 28 of the Federal Rules of

5 Civil Procedure and/or Article 1434 (b) of the

6 Louisiana code of Civil Procedure, before whom

7 this sworn testimony was taken, do hereby state

8 on the Record

9 That due to the interaction in the

10 spontaneous discourse of this proceeding, dashes

11 (--) have been used to indicate pauses, changes

12 in thought, and/or talk overs; that same is the

13 proper method for a Court Reporters's

14 transcription of proceeding, and that the dashes

15 (--) do not indicated that words or phrases have

16 been left out of this transcript;

17 That any words and/or names which could not

18 be verified through reference material have been

19

20

21

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denoted with the phrase" (inaudible) ."

--4~~-~----- Megan B. Welch, C.C.R.

23

ASSOCJATED REPORTERS, INC.

227

# 24027

(225) 2 I6-2036
OS065 6

1

2

C E R T I FIe A T ION

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 my license is

B. Welch, C.C.R.

# 24027

11 in good standing as a court reporter in and for

12 the state of

13

14

15

16

17

18

19

20

ASSOCIATED REPORTERS, INC.

228

(225) 216-2036
IN RE: LOG NUMBER 05065

Page I

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Welch 1:19 5:2,22 6:19

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true 6:3

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R2:1 5:1,1,1 6:1

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reference 5: 18

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regarding 3:5

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regulation 4:3,9

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reorganization 3:22

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AUGUST 25,2005

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Megan 1:195:2,22

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minor4:2

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new I: 123:23,25

Nicole 2:33:1

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parties 3: 15

Pause4:10

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Pensacola 1: 13

period 3:7,10

person 3:16

phrase 5:19

phrases 5: 15

place 6:8

present 3:15

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Louisiana 1:14,213:2

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current 4:5

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and/or 5:5,12,17

anyone4:8

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August 1:14

ASSOCIATED REPORTERS, INC.

222292036
HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Solid and Hazardous Waste, Solid

Wastc Division, LR 19:187 (February 1993), amended by the

Ollice of the Secretary, LR 25:661 (April 1999), amended by the

Office of Environmental Assessment, Environmental Planning

Division, LR 26:2520 (November 2000), amended by the Office of

Environmental Assessment, LR 30:2033 (September 2004),

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

31 :2430 (October 2005), LR 31 :2490 (October 2005).

Part IX. Water Quality

Subpart 2. The Louisiana Pollutant Discharge

Elimination System (LPDES) Program

Chapter 27. LPDES Permit Conditions

§270I. Conditions Applicable to All Permits

The following conditions apply to all LPDES permits.

Additional conditions applicable to LPDES permits are in

LAC 33:IX.2703. All conditions applicable to LPDES

permits shall be incorporated into the permits either

expressly or by reference. If incorporated by reference, a

specific citation to these regulations (or the corresponding

approved state regulations) must be given in the permit.

A. - L.2....

3. Transfers. This permit is not transferable to any

person except after notice to lhe state administrative

authority in accordance with LAC 33:J.Chapter J9. The state

administrative authority may require modification or

revocation and reissuance of the permit to change the name

of the permittee and incorporate such other requirements as

may be necessary under the CWA or the LEQA. (See LAC

33:IX.290 I; in some cases, modification or revocation and

reissuance is mandatory.)

LA. - NA. ...

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2001 etscq., 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 Water Pollution Control

Division, LR 23:724 (June 1997), amended by the Office of

Environmental Assessment, Environmental Planning Division, LR

26:2553 (November 2000), LR 28:468 (March 2002),

repromulgated LR 30:230 (February 2004), amended LR 30: 1676

(August 2004), amended by the Office of the Secretary, Legal

Affairs Division, LR 31 :2431 (October 2005), LR 31 :2512

(October 2005).

Chapter 29. Transfer, Modification, Revocation and

Reissuance, and Termination of LPDES

Permits

§290I. Transfer of Permits

A. Transfers by Modification. A permit may be

transferred by the perminee to a new owner or operator only

if the permit has been modified or revoked and reissued

(under LAC 33:IX.2903.A.2.b), or a minor modification has

been made (under LAC 33:IX.2905 and in accordance with

LAC 33:I.Chapter 19) to identify the new permittee and

incorporate such other requirements as may be necessary

under the CWA and the LEQA.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2001 et seq., and in particular Sections 2074(0)(3) and (4) and

2075.2.

HISTORICAL NOTE: Promulgated by the Department of

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

(September 1995), amended by the Office of Environmental

Assessment, Environmental Planning Division, LR 27:45 (January

200 I), repromulgated LR 30:231 (february 2004), amended by the

2431

230

Office of the Secretary, Legal Affairs Division, LR 31:2431

(October 2005).

§2903. Modification or Revocation and Reissullnce of

Permits

A. - A.2.a. ...

b. the state administrative authority has received

notification in accordance with LAC 33:I.Chapter 19 (as

required in the permit, see LAC 33:IX.270l.L.3) of a

proposed transfer of the permit.

3.

AUTHORlTY 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 Resourccs, LR 2[:945

(September 1995), amended LR 23:724 (June 1997), LR 23: 1524

(November 1997), amended by the Officc of Environmental

Assessment, Environmental Planning Division, LR 26:2283

(October 2000), LR 27:45 (January 2001), LR 28:470 (March

2002), repromulgatcd LR 30:231 (February 2004), amended by the

Office of the Secretary, Legal Affairs Division, LR 31:2431

(October 2005).

§2905. Minor Modifications of Permits

A. -A.3 ....

4. allow for a change in ownership or operational

control of a facility, in accordance with LAC 33:I.Chapter

19, where the state administrative authority determines that

no other change in the permit is necessary;

5.a. - 7....

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 27:46 (January

200]), repromulgated LR 30:231 (February 2004), amended by the

Office of the Secretary, Legal Affairs Division, LR 3] :2431

(October 2005).

Herman Robinson, CPM

Executive Counsel

0510#030

RULE

Department of Environmental Quality

Office of the Secretary

Legal Affairs Division

Organizational Changes Under New Administration

(LAC 33:1, III, V, VI, VII, IX, XI, and XV)(OS065)

Under the authority of the Environmental Quality Act,

R.S. 30:200 I et seq., and in accordance with the provisions

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

secretary has amended the Environmental Quality

regulations, LAC 33:Parts 1, Ill, V, VI, VII, IX, XI, and XV

(Log #05065). The sections amended in this Rule are as

follows:

LAC 33:1.501, 907,1109,1111,1113, 1117, 1307, 1505,

170], 2005, 3917, 3919, 3923, 3925, 4701, 4703, 4705,

4711,5707, and 6921;

LAC 33:111.211, 501, 504, 505,507,509,510,613,918,

919, 1105, lI07, 1410, 1507,2103,2108,2113,2116,2121,

2122, 2123, 2132, 2153, 2201, 2301, 2303, 2307, 2511,

Louisiana Register Vol. 31, No. 10 Or;/Dber 20, 2005
2521, 2531, 2701, 2719, 2723, 2735, 2799, 2805, 2807,

2809,2811,3003,5107, SIll, 5113, 5116, 5122, 5151,

5307,531 I, and 5911;

LAC 33:V.J05, 109,303,309,321,323,501,520,537,

565,590,708, 1105, 1504, 1505, 1513, 1527, 1715, 1737,

1739, 1745, 1747, 1913, 2227, 2231, 2237,2239,2241,

2245, 2246, 2247, 2253, 2271, 2273, 2508, 2707, 2711,

2719,2803, 2805, 2903, 2906, 3005, 3007, 3009, 3103,

3l15, 3317, 3319, 3321, 3503, 3505, 3511, 3513, 3517,

3523, 3525, 3527, 3707, 3711, 3715, 3717, 3719, 3841,

4029, 4043, 4045, 4065, 4083, 4107, 4201, 4301, 4320,

4381, 4387, 4391, 4393, 4395, 4403, 4407, 4411, 4413,

4437, 4449, 4451, 4462, 4472, 4474, 4489, 45 I 2, 4522,

4534, and 5309;

LAC 33:VI.201, 303, 91 I, and 913;

LAC 33:VII.J13, 301, 303, 305, 307, 311, 315, 503, 505,

509,511,513,515,517,701,709,711,713,715,717,719,

721,723,725,727,909, 1109, 1303, 1305,3001, 10307,

10513,10515,10517,10519,10523,10525,10531,10533,

10535, and 10536;

LAC 33:fX.301, 303, 307, 309, 311, 315, 708, 905, 1117,

1121, 1507,2109,2111,2115,2119,2123,2125,2501,

2511, 2515, 2521, 2523, 2525, 2529, 2701, 2703, 2709,

3115,3117,4505,5709,6113,6117,6121,6123,6125,

6135,6507,6703,690 1,6905,6907, and 7135;

LAC 33:XI.301, 303, 903,1111,1113,1123,1129,1131,

1139, 1205, 1305, and 1309; and

LAC 33:Xy'204, 205,209,21 1,212,213,320,321,322,

324, 326, 328, 331, 332, 361, 390, 399.Appendix S, 430,

436, 438, 442, 461, 488, 490, 496, 499.Appendix D, 575,

577,578,579,603,608,609,704,719,737,761,803,907,

911,1016,1017,1103,1104,1303,1309,1314,1325,1331,

1332, 1333, 1407, 1408, 1410, 1417, 1418, 1420, 1515,

1516,1707,1711,1755,2014,2017,2022,2506,2507, and

2508.

There was a reorganization of the department under the

new administration. This Rule revises references to the

department's divisions in the regulations to reflect the new

organizational structure of the department. The Rule also

makes minor grammatical corrections and format changes to

internal regulation references. This change is necessary to

keep the regulations current in order to provide accurate

information for the regulated community. The basis and

rationale for this proposed Rule are to correct the division

names cited in the regulations to correspond to the new or

renamed divisions created when the department was

reorganized.

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. This 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 l. Departmental Administrative Procedures

Chapter 5. Confidential Information Regulations

§50l. Scope

A. Department of Environmental Quality information

and records obtained under the Louisiana Environmental

Quality Act, or by any rule, regulation, order, license,

Louisiana Register Vol. 31. No. 10 October ZOo Z005 2432

231

registration, or pennit term or condition adopted or issued

thereunder, or by any investigation authorized thereby, shall

be available to the public, unless confidentiality is requested

in writing to the Office of the Secretary, Legal Affairs

Division, and the information or records are determined by

the department to require confidentiality.

B. - 8.6....

AUTHORJTY NOTE: Promulgated in accordance with R.S.

30:2030.

HISTORlCAL NOTE: Promulgated by the Department of

Environmental Quality, Office of the Secretary, LR 12:342 (May

1996), amended by the Office of Environmental Assessment,

Environmental Plarming Division, LR 26:2439 (November 2000),

LR 30:742 (April 2004), amended by the Office of the Secretary,

Legal Affairs Division, LR 31 :2432 (October 2005).

Chapter 9. Petition for Rulemaking

§907. Content of a Rulemaking Petition

A....

B. The petition shall be addressed to the Office of the

Secretary, Legal Affairs Division.

C. - E.2....

AUTHORJTY NOTE: Promulgated in accordance with R.S.

30;200 J et seq.

HISTORICAL NOTE: Promulgated by the Department of

Envirorunental Quality, Office of the Secretary. LR 23:297 (March

1997), amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2439 (November 2000),

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

31 :2432 (October 2005).

Chapter 11. Declaratory Rulings

§1I09. Declaratory Rulings Officer

A. - S....

C. The declaratory rulings officer shall have the

authority to regulate all matters concerning a request for

declaratory ruling and to issue the declaratory ruling after

concurrence as to legal sufficiency by the Office of the

Secretary, Legal Affairs Division.

AUTHORJTY NOTE: Promulgated in accordance with R.S.

30:2050.10.

HISTORICAL NOTE: Promulgated by Ihe Department of

Envirorunental Quality, Office of the Secretary. LR 23:1141

(September 1997), amended by the Office of Environmental

Assessment, Environmental Planning Division, LR 26:2440

(November 2000), amended by the Office of the Secretary, Legal

Affairs Division, LR 31 :2432 (October 2(05).

§1111, Duty to Maintain List

A. The secretary shall maintain, in a place accessible to

the public in the Office of the Secretary. Legal A trairs

Division, a list of all petitions for declaratory rulings and

declaratory rulings and an index to the list. The list shall

identify the petitioner, the matter to be decided, and when

applicable, the location of the activity or facility that is the

subject ofthe petition. The list shall also include the date on

which the petition is received, the date the secretary decides

whether a declaratory ruling will be issued, the date the

secretary sets for issuance of the ruling, the date the ruling

issues, and the date of any request for modification or

appeal.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2050.\ O.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of the Secretary, LR 23: 1141

(September 1997), amended by the Office of Environmental

Assessment, Environmental Planning Division, LR 26:2440
where no accessible proficiency tests exist. Supplemental

infonnation may be required.

C. - E.

AUTHORlTY NOTE: Promulgated in accordance Wilh R.S.

30:2011.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality. Office of the Secretary, LR 24:919 (May

1998), amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:1435 (July 2000),

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

31 :2434 (October 2005).

§4705. Categories of Accreditation

A. At the time of application each applicant must clearly

identifY both the fields of testing and the test categories for

which accreditation is sought. A copy of the relevant test

method documentation and the requisite equipment for the

method must be available at the laboratory. A current list of

approved methodologies for each parameter/analyte will be

maintained by the Office of Environmental Assessment,

Laboratory Services Division, and a copy of the list wilt

become a part ofthe application package. In cases where the

methodology used by the laboratory is not listed, the

laboratory shall submit documentation that wilt verify that

the results obtained from the method in use are equal to or

better than those results obtained from the approved

methodology. The department will review the data submitted

by the laboratory and will notilY the laboratory in writing

within 60 calendar days if the method is acceptable or

unacceptable as an alternate method of analysis.

B. - B.ll. ...

C. An accredited laboratory may request the addition of

field(s) of testing and test category(ies) to its scope of

accreditation at any time. Such a request must be submitted

in writing to the Office of Environmental Assessment,

Laboratory Services Division. Unless the previous on-site

inspection can verilY the competence of the laboratory to

perform the additional tests, another on-site inspection may

be required.

AUTHORlTY NOTE: Promulgated in accordance with R.S.

30:2011.

HlSTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of the Secretary, LR 24:919 (May

1998), amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:1435 (July 2000). LR

26:2443 (November 2000), repromulgated LR 27:38 (January

200 I), amended by the Office of Environmental Assessment, LR

31 : 1570 (July 2005), amended by the Office ofthe Secretary. Legal

AITairs Division, LR 31 :2435 (October 2005).

§4711. Proficiency Testing Participation

A.- E.

F. Each participating laboratory shall authorize the

proficiency test provider to release the results of the

proficiency evaluation (PE) test to the Office of

Environmental Assessment, Laboratory Services Division, at

the same time that they are submitted to the laboratory.

Every laboratory that receives test resulls that are

"unacceptable" for a specific analyte must investigate and

identifY likely causes for these results, resolve any problems,

and report such activity to the Office of Environmental

Assessment, Laboratory Services Division, along with the

submittal of corrective action proficiency sample test results.

The laboratory shall report only the analytes for which

corrective action was required.

G. - J....

2435

234

AUTHORlTY NOTE: Promulgated in accordance with R.S.

30:2011.

HISTORICAL NOTE: Promulgated by Ihe Department of

Environmental Quality, Office of the Secretary, LR 24:921 (May

1998), amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:1436 (July 2000),

amended by the Office ofthe Secretary, Legal Affairs Division. LR

31 :2435 (OclOber 2005).

Chapter 57. Maintenance ofAccreditation

§5707. Changes in Laboratory Operation

A. Changes in laboratory name, ownership, location,

personnel. facilities, methodology. or any factors

significantly affecting the performance ofanalyses for which

the laboratory was originally accredited shall be reported to

the Office of Environmental Assessment, Laboratory

Services Division, within 30 days.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2011.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of the Secretary, LR 24:933 (May

1998), 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

31 :2435 (October 2005).

Subpart 4. Emergency Response Regulations

Chapter 69. Emergency Response Regulations

§692I. Reporting Requirements

A. No later than 30 days after material from the cleanup

and/or abatement of an off-site emergency condition is

removed from an emergency response storage facility, the

owner or operator ofthe facility shall submit a written report

detailing the. ultimate disposition of the material, by mail or

fax to the Office of Environmental Compliance, Emergency

and Radiological Services Division. Single Point of Contact

(SPOC). The report shall be clearly marked "WASTE

DISPOSITION REPORT." The report shall reference the

department-issued incident number. Other information in the

report may include location and date of the emergency

incident, name and address of the company transporting the

pollutant that resulted from the emergency incident, name

and location of the facility where the pollutant is/was stored,

and name and location of the facility accepting the pollutant

for disposal, recycling, or reuse.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2011(D)(I), (14), and (15).

H1STORlCAL NOTE: Promulgaled by the Department of

Environmental Quality, Office of the Secretary, LR 22:979

(October 1996), amended by the Office of Environmental

Assessment, Environmental Planning Division, LR 26:2444

(November 2000), amended by the Office of Ihe Secretary. Legal

Affairs Division, LR 31 :2435 (Oclober 2(05).

Part Ill. Air

Chapter 2. Rules and Regulations for the Fee System

of the Air Quality Control Programs

§211. Methodology

A. - 8.9.

10. When a permanent shutdown occurs and a company

properly notifies the Office of Environmental Services, Air

Permits Division, by official change in the Emission

Inventory Questionnaire (EIQ) and pennit, then the

maintenance fee would be dropped for that shutdown portion

of the process/plant. This fee reduction or cancellation shall

apply only in the fiscal years in which the shutdown portion

of the plant or process did not operate at all. The EIQ and

Louisiana Register Vo'. 31, No. 10 October 20, 2005
permit shall also need to be changed to delete the emissions

from the shutdown portion of the plant or process before the

start of the fiscal year in which the fee would have been

charged.

11. - IS.b.

AUTHORIIT 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

14:611 (September 1988), amended by the Office of Air Quality

and Radiation Protection, Air Quality Division, LR 17:1205

(December 1991), LR 18:706 (July 1992), LR 19:1419 (November

1993), amended by the Office of Management and Finance, Fiscal

Services Division, LR 22: 17 (January 1996), amended by the

Oflice of Environmental Assessment, Environmental Planning

Division, LR 26:264 (February 2000), LR 26:2444 (November

2000), LR 29:2776 (December 2003), amended by the Office of the

Secretary, Legal Affairs Division, LR 31 :2435 (October 2005).

Chapter 5. Permit Procedures

§501. Scope and Applicability

A. - B.7...,

C. Scope

1, For each source to which this Chapter applies, the

owner or operator shall submit a timely and complete permit

application to the Office of Environmental Services, Air

Permits Division, as required in accordance with the

procedures delineated herein. Permit applications shall be

submined prior to construction, reconstruction, or

modification unless otherwise provided in this Chapter.

2. - 10.."

AUTHORIIT NOTE: Promulgated in accordance with R.S.

30:20 II and 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

Department of Environmental Quality, Office of Air Quality and

Radiation Protection, Air Quality Division, LR 16:613 (July 1990),

LR 17:478 (May 1991), LR 19:1420 (November 1993), LR

20:1281 (November 1994), LR 20:1375 (December 1994), LR

23:1677 (December 1997), amended by the Office of the Secretary,

LR 25:660 (April 1999), amended by the Office of Environmental

Assessment, Environmental Planning Division, LR 26:2445

(November 2000), LR 28:997 (May 2002), amended by the Oflice

of Environmental Assessment, LR 31:1063 (May 2005), amended

by the Office of the Secretary, Legal Affairs Division, LR 31 :2436

(October 2005).

§504, Nonattainment New Source Review Procedures

A. - B.S.

e. Source Information. The owner or operator of a

proposed major stationary source or major modification shall

submit all information necessary to the Office of

Environmental Services, Air Permits Division, in order to

perform any analysis or make any determination required

under this regulation. Information shall include, but is not

limited to:

e.1. - F.6....

7. The owner or operator desiring to utilize emission

reductions as an offset shall submit to the Office of

Environmental Services, Air Permits Division, the following

information:

F.7.a. - Table I, Footnote PMIQ. ...

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

Louisiana Register Vol. 31, No. 10 October 20. 2005

Protection, Air Quality Division, LR 19:176 (February 1993),

repromulgated LR 19:486 (April 1993), amended LR 19: 1420

(November 1993), LR 21:1332 (December 1995), LR 23:197

(February 1997), amended by the Office of Environmental

Assessment, Environmental Planning Division, LR 26:2445

(November 2000), LR 27:2225 (December 200 I), LR 30:7~2

(April 2004), amended by the Office of Environmental Assessment,

LR 30:2801 (December 2004), amended by the Office of the

Secretary, Legal Affairs Division, LR 31 :2436 (October 2005).

§505. Acid Rain Program Pennitting Requirements

A.-B.I. ...

2. Exemption. The designated representative,

authorized in accordance with 40 CFR Part 72, Subpart B, of

a source that includes a unit under Paragraph B.I of this

Section may petition the Office of Environmental Services,

Air Permits Division, for a written exemption or to renew a

written exemption for the unit from certain requirements of

the Acid Rain Program. The petition shall contain the

following elements:

2.a. - 4.c.

i. notwithstanding Paragraphs D.2 and 3, the

designated representative ofthe source that includes the unit

shall submit a complete acid rain permit application to the

Office of Environmental Services, Air Permits Division, on

the latter ofJanuary 1, 1998, or the date the unit is no longer

exempted under this Section; and

B.4.c.ii. - e.2.a.

b. A petition under this Subsection shall be

submitted to the Office of Environmental Services, Air

Permits Division, on or before:

2.b.i. - 4.c.

D. Requirement to Apply

I. Duty to Apply. The designated representative of any

source with an affected unit shall submit a complete acid

rain permit application to the Office of Environmental

Services, Air Permits Division, by the applicable deadline in

Paragraphs D.2 and 3 of this Section and the owners and

operators shall not operate the source without a permit that

states its Acid Rain Program requirements

2.·2.h. . ..

3. Duty to Reapply. The designated representative

shall submit a complete acid rain permit application to the

Office of Environmental Services, Air Permits Division, for

each source with an affected unit at least six months prior to

the expiration of an existing acid rain permit governing the

unit <Wring Phase II, or such longer time as may be approved

under 40 CFR Part 70 that ensures that the term of the

existing permit will not expire before the effective date of

the permit for which the application is submined.

4. Four copies of all permit applications shall be

submined to the Office of Environmental Services, Air

Permits Division.

D.S. - G.3. ...

a. To activate a conditionally-approved acid rain

compliance option, the designated representative shall notifY

the Office of Environmental Services, Air Permits Division,

in writing that the conditionally-approved compliance option

will actually be pursued beginning January 1 of a specified

year. If the conditionally-approved compliance option

includes a plan described in Subparagraph G.2.a of this

Section, the designated representative of each source

governed by the plan shall sign and certifY the notification.

Such notification shall be subject to the limitations on

2436

235
activation under Subsections G and H of this Section and

regulations implementing Section 407 ofthe Clean Air Act.

b.· d.

4. Termination ofCompliance Option

a. The designated representative for a unit may

terminate an acid rain compliance option by notifying the

Office of Environmental Services, Air Pennits Division, in

writing that an approved compliance option will be

terminated beginning January I of a specified year. If the

compliance option includes a plan described in

Subparagraph G2.a of this Section, the designated

representative for each source governed by the plan shall

sign and certify the notification. Such notification shall be

subject to the limitations on termination under Subsection H

ofthis Section and regulations implementing Section 407 of

the Clean Air Act.

G.4.b. - S.6.

AUTHORI1Y NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Oflke 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 19: 1420 (November 1993), LR 21 :678 (July 1995),

amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2446 (November 2000),

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

31 :2429 (October 2005), LR 31 :2436 (October 2005).

§507. Part 70 Operating Permits Program

A.-C.2.

3. Newly Regulated Sources. The owner or operator

of any source that becomes subject to the requirements of

this Section after the effective date of the Louisiana Part 70

program due to regulations promulgated by the administrator

or by the Department of Environmental Quality shall submit

an application to the Office of Environmental Services, Air

Permits Division, in accordance with the requirements

established by the applicable regulation. In no case shall the

required application be submitted later than one year from

the date on which the source first becomes subject to this

Section.

D. - H.3.

4. a requirement for progress reports to be submitted

to the Office of Environmental Compliance, Enforcement

Division, at least semiannually, or at a more frequent period

if specified in the applicable requirement. Such progress

reports shall contain the following:

4.a. - 5.c.v.

d. a requirement that all compliance certifications

be submitted to the administrator as well as to the Office of

Environmental Compliance, Enforcement Division; and

H.5.e. - J.5.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2011,2023,2024, and 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 19:1420 (November 1993), LR 20:1375 (December

1994), amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2447 (November 2000),

LR 27:2229 (December 2001), LR 28:994 (May 2002), LR 29:698

(May 2003), LR 30:1008 (May 2004). amended by the Office of

Environmental Assessment, LR 31:1061 (May 2005), LR 31:1568

(July 2005), amended by Ihe Office of the Secretary, Legal Affairs

Division, LR 31 :2437 (October 2005).

§509. Prevention of Significant Deterioration

A. -0.2.

3. Where the air quality impact analysis required

under this Section indicates that the issuance of a permit for

any major stationary source or major modification would

result in the consumption of more than 50 percent of any

available annual increment or 80 percent of any available

short term increment, the applicant may be required by the

administrative authority to submit to the Office of

Environmental Services, Air Permits Division, a report

covering the following factors:

0.3.a. - 5.4.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORJCAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

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

14:348 (June 1988), LR 16:6/3 (July 1990), amended by the Office

of Air Quality and Radiation Protection, Air Quality Division, LR

17:478 (May 1991), LR 21:170 (February 1995), LR 22:339 (May

1996), LR 23: 1677 (December 1997), LR 24:654 (April 1998), LR

24:1284 (July 1998), repromulgated LR 25:259 (February 1999),

wnended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2447 (November 2000),

LR 27:2234 (December 2001), amended by the Office of the

Secretary, Legal Affairs Division, LR 31 :2437 (October 2005).

§510. New Emissions Sources and Major

Modifications in Specified Parishes

A. - B.l.e.

2. Source Information. The owner or operator of an

affected emissions unit, as identified in Subparagraph B.l.b

of this Section, shall submit all information necessary to the

Office of Environmental Services, Air Permits Division, in

order to perform any analysis or make any determination

required under this regulation. Information shall include, but

is not limited to:

B.2.a. - C.I.d. ...

2. Source Information. The owner or operator desiring

to utilize emission reductions as an offset shall submit to the

Office of Environmental Services, Air Permits Division, the

following information:

C.2.a. - Table I, Footnote NO•.

AUTHORJTY 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 27:2234 (December 2001),

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

31 :2437 (October 2005).

Chapter 6. Regulations on Control of Emissions

through the Use of Emission Reduction

Credits Banking

§613. ERC Bank RecordkeepiDg and Reporting

Requirements

A. - B.1.

2. An annual report summarizing all records required

by Subsection A of this Section shall be submitted to the

department by March 3 I of each year. This submittal shall

be certified as specified in Subsection C of this Section and

submitted to the Office of Environmental Services, Air

Permits Division, in a format specified by the department.

B.3. - C.

2437

236

Louisiana Rfigister Vol. 31. No. 10 October 20, 2005
AUTHORITY NOTE: Promulgated;n accordance with R.S.

30:2054.

HISTORICAL NOTE: Promlllgated by the Department of

EnvironmenWI Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 20:877 (August 1994),

amended by the Office of Environmenlal Assessment,

Environmental Planning Division, LR 25: 1622 (September 1999),

LR 26:486 (March 2000), LR 26:2449 (November 2000), LR

28:303 (February 2002), amended by the Office of the Secretary,

Legal AlTairs Division, LR 3 I:2437 (OclOber 2005).

Chapter 9. General Regulations on Control of

Emissions and Emission Standards

§918. Recordkeeping and Annual Reporting

A. Data for emissions reports shall be collected annually.

These reports are to be submitted to the Office of

Environmental Assessment, Air Quality Assessment

Division, by March 31 of each year (for the period Janua~ I

to December 31 of the previous year) unless otherwise

directed by the department. The report shall include all data

applicable to the emissions source or sources as required

under LAC 33:111.919.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmenwl Quality, Office of Air Quality and Nuclear Energy,

Air Quality Division, LR 13:741 (December I987!, amen.ded by the

Office of Air Quality and Radiation Protecllon, AIr Quality

Division, LR 22:339 (May 1996), amended by the Office of

Environmental Assessment, Environmental Planning Division, LR

26:2450 (November 2000), LR 29:2776 (December 2003),

amended by the Office ofthe Secretary, Legal AlTairs Division, LR

31:2438 (October 2005).

§919. Emissions Inventory

Emissions inventory data shall be submitted to the

department on magnetic media in the format specified by the

Office of Environmental Assessment, Air Quality

Assessment Division. Facilities are defined as all emissions

points under common control on contiguous property.

Emissions poilll is defined as the source of emissions that

should have a Source Classification Code (SCC). Detailed

instructions are provided, on an annual basis, for completing

and submitting emissions inventories. The state point source

emissions inventory will be compiled from the emissions

inventories submitted in accordance with this Section from

the facilities that meet the criteria for applicability in

Subsection A ofthis Section. The state area source, non-road

and on-road mobile source, and biogenic emissions

inventories are compiled by the department from data that

may be requested from other federal, state, or local agencies

or other private entities.

A. Applicability. The owner or operator of the following

facilities shall submit annual emissions inventories to the

Office of Environmental Assessment, Air Quality

Assessment Division. The inventory shall include all air

pollutants for which a National Ambient Air Quality

Standard (NAAQS) has been issued and all NAAQS

precursor pollutants.

A.1. - F....

AUTHORlTY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Depar1ment of

Environmenwl QualilY, Office of Air Quality and Nuclear Energy,

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

repromulgated by the Office of Air Qualily and Radiation

Protection, Air Quality Division, LR 19:184 (February 1993),

repromulgated LR 19:485 (April 1993), amended LR 19: 1418

(November 1993), LR 20: 110 I (October 1994), LR 22:339 (May

1996), amended by the Office of Environmental Assessment,

Environmenlal Planning Division, LR 26:2450 (November 2000),

LR 29:2776 (December 2003), amended by the Office of the

Secretary, Legal AlTairs Division, LR 31 :2438 (October 2005).

Chapter 11. Control of Emissions of Smoke

§110S. Smoke from Flaring Shall Not Exceed 20

Percent Opacity

A. The emission of smoke from a flare or other similar

device used for burning in connection with pressure valve

releases for control over process upsets shall be controlled so

that the shade or appearance of the emission does not exceed

20 percent opacity (LAC 33:11 1.1 503.D.2, Table 4) for a

combined total of six hours in any 10 consecutive days. If it

appears the emergency cannot be controlled in six hours, the

Office of Environmental Compliance, Emergency and

Radiological Services Division, Single Point of Contact

(SPOC), shall be notified by the emitter in accordance with

LAC 33:1.3923 as soon as possible after the start ofthe upset

period. Such notification does not imply the administrative

authority will automatically grant an exemption to the

source(s) of excessive emissions. .

AUTHORlTY NOTE: Promulgated in accordance With R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office ofAir Quality and Nuclear Energy,

Air Quality Division, LR 13:74l (December 1987), amended by the

Office of Air Quality and Radiation Protection, Air Quality

Division, LR 25:656 (April 1999), amended by the Office of

Environmenlal Assessment, Environmental Planning Division, LR

26:2450 (November 2000), LR 30: 1671 (August 2004), amended

by lhe Office of the Secretary, Legal AlTairs Division, LR 31 :2438

(October 2005).

§1107. Exemptions

A. Exemptions from the provisions of LAC 33:/11.1105

may be granted by the administrative authority during startup and shutdown periods if the flaring was not the result of

failure to maintain or repair equipment. A report in writing,

explaining the conditions and duration of the start-up or

shutdown and listing the steps necessary to remedy, prevent

and limit the excess emission, shall be submitted to the

Office of Environmental Compliance, Emergency and

Radiological Services Division, SPOC, within seven

calendar days of the occurrence. In addition, the flaring must

be minimized and no ambient air quality standard may be

jeopardized.

AUTHORlTY NOTE: Promulgated in accordance wilh R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office ofAir Quality and Nuclear Energy,

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

Office of Environmental Assessmenl, Environmental Planning

Division, LR 26:2451 (Novcmber 2000), amended by lhe Office of

the Secretary, Legal Affairs Division, LR 31 :2438 (October 2005).

Chapter 14. Conformity

Subchapter A. Determining Conformity of General

Federal Actions to State or Federal

Implementation Plans

§1410. Criteria for Determining Conformity of General

Federal Actions

A. -A.5.a. '"

i. the total of direct and indirect emissions from

the action (or portion thereof) is determined and documented

by the department to result in a level of emissions that,

Louisiana Register Vol. 31, No. 10 October 20, 2005 2438

237
Public Participation

Appendix B
, Annrovedtermiticides and Manufacttiren .; L,·'L

r::t C' Product ., Percentlil!e l ManufaCturer

···Prvfon 60.75% Baver

Pro-Build TC (Cvoennethrin) 025% -1.0% Svngenta

• Surrender (ChlofPyrifos) 0.75% - 2.00% Solutions

Talstar Pretreat (Bifenthrin) 0.06% - 0.12% FMC

Talstar (Bifenthrin) 0.06%-0.12% FMC

Talstar One Multi-Insecticide 0.06%-0.12% FMC

iBifenthrin)

Tengard SFR (Pennethrin) 0.50% - 2.00% United

Phosphorus

·Tenure (Chlorpyrifos) 0.75% - 2.00% Dow

AgroSciences

Termidor (Fipronil) 0.06% - 0.125% BASF

Termidor 80WG IFipronil) 0.06% - 0.125% BASF

Termidor SC (Fioronil) 0.06% - 0.125% BASF

Tribute (Benzeneacetate) 0.50% - 1.00% AgrEvo

ValueLine Bifenthrin TC 0.06% - 0.12% FMC

(Bifenthrin)

NOTES:·Manufacture of all Chlorpyrifos products with approved label rates

was discontinued as of December 31, 2001.

··Premise Gel is aporoved for targeted (soot) apolication onlv.

••• Use of Prvfon limited to supplies on hand, but its USe is being phased out.

.. ;0')' '. Baits (Not in Pilot Pro(,mm)" '/'0 ; ..

FirstLine GTX Tennite Bait Station FMC

(Sulflurimid)

FirstLine GT Tennite Bait Station FMC

ISulflurimid)

FirstLine Termite Bait Station FMC

(Sulflurimid)

FirstLine GT Plus (Sulflurimid) FMC

Labyrinth (Diflubenzuron) Ensystex

Labvrinth AC lDiflubenzuron) Ensystex

Recruit II lHexaflumuron) Dow Agro Sciences

Recruit AG-lHexaflumuron) Dow Agro Sciences

Recruit III (Noviflumuron) Dow Agro Sciences

Recruit AG III (Noviflumuron) Dow Agro Sciences

Shatter lHexaflumuron) Dow Agro Sciences

T-Max (Noviflumuron) Dow Agro Sciencesrrerminix

International

T-Max AG (Noviflumuron) Dow Agro Sciencesrrerminix

International

reduce emissions of sulfur dioxide (S02) and nitrogen oxide

(NO.).

Following promulgation of the final rule that was

published in the Federal Register on May 12, 2005 (70 FR

25162), the EPA received 11 petitions for reconsideration. In

response to the petitions, on November 22 and December 20,

2005, EPA granted reconsideration and requested comment

on certain aspects ofthe CAIR rule. The rule and actions can

be viewed at http://www.epa.gov/cair/rule.html.

On August 1, 2005, EPA proposed a Federal

Implementation Plan (FIP) for CAIR and corrections to the

CArR rule (70 FR 49708). EPA expects to take final action

on reconsideration of all issues under reconsideration by

March 15,2006. EPA also anticipates finalizing the proposed

FIP and rule amendments by that date.

The department hereby provides notice that it proposes to

incorporate by reference (IBR) provisions of the federal

CAIR S02 Trading Program. Formal state rulemaking will

begin following EPA's finalization of rule amendments in

March 2006.

Should you have any questions regarding air quality

planning related to CArR, please contact James Orgeron at

(225) 219-3578, or james.orgeron@la.gov, or Office of

Environmental Assessment, Air Quality Assessment

Division, Box 4314, Baton Rouge, LA 70821-4314.

Herman Robinson, CPM

Executive Counsel

0602#021

POTPOURRI

Department of Environmental Quality

Office of the Secretary

Legal Affairs Division

2005 State Implementation Plan (SIP)

General Revisions (0602Pot2)

"..,.,' ~;;) Subterfuge 2113/2002 BASF

ICvanamid)lHydramethyInon)

Advance Compressed Tennite Bait 10/2/2002 Whitmire Micro-

(Diflubenzuron) Gen

Recruit III (Noviflumuron) 7/2/2003 Dow AgroSciences

Recruit III AG (Noviflumuron) 7/2/2003 Dow AgroSciences

Bob Odom

Commissioner

0602#038

POTPOURRI

Department of Environmental Quality

Office of the Secretary

Legal Affairs Division

Clean Air Interstate Rule Program Update (0602Potl)

On March 10, 2005, the Environmental Protection Agency

(EPA) finalized the Clean Air Interstate Rule (CAIR), which

requires 28 states and the District of Columbia to revise their

state implementation plans to include control measures to

Louisiana Register Vol. 32, No. 02 February 20, 2006

340

340

Under the authority of the Environmental Quality Act,

R.S. 30:2051 et seq., the secretary gives notice of proposed

general revisions to the air quality State Implementation Plan

(SIP). The revisions include amendments to various air

quality regulations in LAC 33 :III.Chapters 2, 5, 6, 9, 11, 14,

15,21,22, and 23 that were previously promulgated in 2004

and 2005, and that were not previously included in other

revisions to the SIP.

A public hearing will be held on March 28,2006, at 1:30

p.m. in the Galvez Building, Oliver Pollock Conference

Room C111, 602 N. Fifth Street, Baton Rouge, Louisiana.

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 Schuerman, Office of the

Secretary, Legal Affairs Division, Box 4302, Baton Rouge,

LA 70821-4302 or at (225) 219-3550. Free parking is

available across the street in the Galvez parking garage when

the parking ticket is validated by department personnel at the

hearing.

All interested persons are invited to submit written

comments on the proposed 2005 SIP general revisions.

Comments must be submitted no later than 4:30 p.m. on
April 4, 2006. Comments should be mailed to Sandra Hilton,

Office of Environmental Assessment, Plan Development

Section, Box 4314, Baton Rouge, LA 70821-4314 or faxed

to (225) 219-3582. Copies of this document can be

purchased by contacting the DEQ Public Records Center at

(225) 219-3168. A check or money order is required in

advance for each copy ofthe document.

A copy of the general revisions to the SIP may be viewed

Monday through Friday, from 8 a.m. to 4:30 p.m., at the

following DEQ locations: 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;

645 N. Lotus Drive, Suite C, Mandeville, LA 70471; 111

New Center Drive, Lafayette, LA 70508; 110 Barataria

Street, Lockport, LA 70374 or on the Internet at

http://www.deq.louisiana.gov/portalltabid/2279/Default.aspx

May 2005 Corrects contradictory language in the insignificant

LR 31: 1063 activities list.

AQ244

§507 May 2005 Part 70 Permits Program Corrects upset reporting procedures.

LR 31: 1061

A 248

§1509 May 2005 Sulfur Dioxide Rule Corrects the unit of measurement for the

LR 31: 1061 concentration of hydrogen sulfide that is exempt from

AQ248 control measures.

§505 October 2005 Air Permit Procedures Unifies and streamlines name and ownership changes

LR 31:2427 for all media.

OS057

§517 October 2005 Air Permit Procedures Unifies and streamlines name and ownership changes

LR 31 :2427 for all media.

OS057

§521 October 2005 Air Pennit Procedures Unifies and streamlines name and ownership changes

LR 31:2427 for all media.

OS057

§211 October 2005 Fee Methodology Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

§501 October 2005 Air Permit Procedures Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

§504 October 2005 Nonattainment New Source Review Procedures Revises rule references after department

LR 31 :2431 reorganization to reflect new organization structure.

OS065

§505 October 2005 Acid Rain Permitting Requirements Revises rule references after department

LR31:2431 reorganization to reflect new organization structure.

OS 065

§507 October 2005 Part 70 Permits Program Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

§509 October 2005 Prevention of Significant Deterioration Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

§613 October 2005 ERC Bank Recordkeeping and Reporting Requirements Revises rule references after department

LR31:2431 reorganization to reflect new organization structure.

OS065

§918 October 2005 Recordkeeping and Annual Reporting Revises rule references after department

LR 31 :2431 reorganization to reflect new organization structure.

OS065

§919 October 2005 Emissions Inventory Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

§1105 October 2005 Smoke from Flaring Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

§1107 October 2005 Control of Emissions of Smoke Exemptions Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

§141O October 2005 Criteria for Determining Conformity Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

341

341 Louisiana Register Vol. 32, No. 02 February 20, 2006
" .. p' _'''".. , iit···% ••% .•

<c\ ::..c\}l-~~};'<C'· .... ....... .... ...... ..\.cc;;c.g~.;. 8"

'c . .....,," Icf\ Cf\·V. -.~ c.<"lc ..' ..•........." ... " !\.;.'

§1507 October 2005 Emission Standards for Sulfur Dioxide Exceptions Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

§2103 October 2005 Storage of Volatile Organic Compounds Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

§2108 October 2005 Marine Vapor Recovery Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

§2113 October 2005 Control of Emissions of Organic Compounds Revises rule references after department

LR 31 :2431 Housekeeping reorganization to reflect new organization structure.

OS065

§2116 October 2005 Glycol Reboilers Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

§2121 October 2005 Fugitive Emission Control Revises rule references after department

LR31:2431 reorganization to reflect new organization structure.

OS065

§2122 October 2005 Fugitive Emission Control for Ozone Nonattainment Revises rule references after department

LR 31:2431 Areas and Specified Parishes reorganization to reflect new organization structure.

OS065

§2123 October 2005 Organic Solvents Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

§2132 October 2005 Stage II Vapor Recovery Systems for Control of Revises rule references after department

LR 31 :2431 Vehicular Refueling Emissions at Gasoline Dispensing reorganization to reflect new organization structure.

OS065 Facilities

§2153 October 2005 Limiting Volatile Organic Compound Emissions from Revises rule references after department

LR 31 :2431 Industrial Wastewater reorganization to reflect new organization structure.

OS065

§2201 October 2005 Control of Emissions of Nitrogen Oxides Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065

§2301 October 2005 Control of Emissions from the Chemical Woodpulping Revises rule references after department

LR 31 :2431 Industry reorganization to reflect new organization structure.

OS065

§2303 October 2005 Standards for Horizontal Stud Soderburg Primary Revises rule references after department

LR 31:2431 Aluminum Plants and Prebake Primary Aluminum Plants reorganization to reflect new organization structure.

OS065

§2307 October 2005 Emission Standards for the Nitric Acid Industry Revises rule references after department

LR 31:2431 reorganization to reflect new organization structure.

OS065 . ......,. .... c... ic\.....c ........... 'e" ...!~""'.'

§1105 August 2004 Smoke from Flaring Directs all reporters of opacity exceedances to

LR 30:1667 reporting procedures in LAC 33:I.Chapter 39.

OS052

§1513 August 2004 Emission Standards for Sulfur Dioxide Recordkeeping Directs all reporters ofsulfur dioxide excess

LR 30:1667 and Reporting emissions to reporting procedures in LAC

OS052 33:I.Chapter 39.

§2103 August 2004 Storage of Volatile Organic Compounds Directs all reporters ofstorage tank monitoring and

LR 30:1667 record keeping to reporting procedures in LAC

OS052 33:I.Chapter 39.

§2115 August 2004 Waste Gas Disposal Changes the reporting thresholds from 50 to 25 tpy

LR 30:1667 for the Baton Rouge nonattainment area; changes the

OS 052 reporting thresholds for all other areas ofthe state to

100 tpy except Calcasieu and Pointe Coupee which

remain at 50 tpy and directs all reporters ofsafety

release and blowdown emissions to reporting

procedures in LAC 33: I.Chapter 39.

§2303 August 2004 Standards for Horizontal Stud Soderburg Primary Directs all reporters of unauthorized emissions to LR30:1667 Aluminum Plants and Prebake Primary Aluminum Plants reporting procedures in LAC 33:I.Chapter 39.

OS052

§2307 August 2004 Emission Standards for the Nitric Acid Industry Directs all reporters of excess emissions to reporting

LR 30:1667 procedures in LAC 33:I.Chapter 39.

OS052

Herman Robinson, CPM

Executive Counsel

0602#036

Louisiana Register Vol. 32, No. 02 February 20, 2006

342

342
Publisher of

THE ADVOCATE

CAPITAL CITY PRESS ~~\bV RECEIVED ICERTIFIED COpyI ~1Af~ 03 ZUG6

ti~IJl ~, ~L.~' • k\J

REG'jJ,T!OIl DaCLO?M[Nl SECtiON

02115106

Sworn and subscribed before me by the

person whose signature appears above:

PROOF OF PUBLICATION POTPOURRI

Oepal1rrMlnl 01 fnyln>Ml8ntal Ouallty Otllce 01 tl18 Secreta..,

Legal Altalrs Olvlalon

2005 Stale knpler--.tatlon Plan (SIPj Geners' Rovlsloo:s

", (~~12J

Under thlI, auihorlty of !he e.. vlrc>nmantar ,000Nl\I Act. R.S. 30:2051 et seq.. the eecret8/)' IJlvu noll<:e or _sedge"",," rcv1t1lons to the lI~r quality State

Implament"llon Plan (SII». The revisions Include """'ndmonls 10 VBrtous air qual"v regUlations In

LAC 33;U1.Chapter. 2. 6. 6. 9. ". 14. 15. 21. Z!, and 23 llvll _re previously promulgated In and 2005, Md that were not pte.. vlously IncludlOd In cotnoir revl. slona to "'" SIP. A public hearInG win be held on Maren 28. :2006. at 1:30 pm. In 1he GaM,.: BuIlding, Olive, PoHoc;k ConIlIf8l>Ce Room e111. 602 H. AIlh Street. Baton Rouge.

~~~~~=::':reu~ or81 _ent.. en the proposed _Is. Should Indlvlduela with e diIIeblllly need an """"",.

modatlon In order to panl<:lpale. conlact Judith SeI1uermen, 01-

:::::" °J~':Io~~a:,,"Z30':.o:~~~

~?:.rs~ =~~~::I~~! ablG across, the street In the QaI..

;:~,~rl~e'l.~1 ?.~~rda~e~:: ~~ent peraonnelat the hel!l~

-"'" Inler...led pefSOflS, "'" In- v~ed to eubml' written corrmenta

~~a:t;"...ft,;oJn~~e~~~~~~ b. ,ubrnllted no later than 4:30 p.m. on API'I 4, 2006. Comments should be mailed 10 Sandre Hil- ton, Ollles at environmental Ail.

;:,';;:;.~~'.k~~4. g:;:'lotfomen~ lA 70921-4314 or t""ad to C~l 219-3682. Coplea ar Ihls CIO<:u-

~rt~';.,"'b~=~dRt:r,,=· Centar at (2:C!$) 219.31&8. A Check or money orda< I. required In 1Idv"""" lor e..,h copy or 1he

do,f,::en~ ttw'08ne..a1 nWls'Ons to the?1P may be vlewed MoB- day througlj Frll:tay. trom 8 am. 10 4:30 P,"'.. at tt>e lollowlng 000 loclltions;, SlY.! N. Filth Street. BalOn Rouge, LA 70802; 1823 Hlghway 546, Wes' Monroe, LA 71292; Stt1te OWe. Building.

1525 Falrlleld Avenue. Shreveport. LA 71101: ,30' Gad- -vall Street, Lake Chartes, LA 70615i 645 .... Lotua. Drtve, Suite

C. Mandevllle.lA 70471; 111 New

~~;; ?~tveBar~~~'faet1~'t,~ Lockport, lA 70374 or on tne tnternet at

::'~rJ~~~,~~~;:~V{pe Hermen Roolneon. CPld executive Counnr 3265606·Iab 15·11

Clerk

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:

February 15, 2006

DEQ - OSEe/lARD REGULATION 3265605

PO BOX 4302

BATON ROUGE LA 70821-4314

343
CERTIFIED COpy ~r

,~

RECEIVED

NAR 062006

LO[Q;'USCC.: LA!\~

Publis&~~IOrELOPMEtiTSECTJQN

AD

LEGAL AD DEPT.

The hereto attached advertisement

THE NEWS-STAR

MONROE, LOUISIANA

PROOF OF PUBLICATION

Sworn and subscribed before me by

Waspublished in the NEWS-STAR.

A daily newspaper of general circulation.

Published in Monroe, Louisiana.

Parish of Ouachita in the issues of:

l==-~~ t~ dOOCc

~\6&ta~

POTPOURRI

Depa~c::.~

Ofllc:e of the ~TY

LAp! Aft Olvlalon

2005 ..-tatJotl Plan l8lPl GeoMftI .......1oouI . (0602Pot2)

Under the authority of the Envlroom.ntis! Quality Am. R.S.

30:2051 et 1IeCl. ihe givfll! none. of ....._-- nMsions 10 the air quality State

ImplemontatJon Plan (SIP). The mYisions lncIude lIIIIerllImenls to

various .. quaity In LAC 33:IlI.ChaplerS 2, 5, 6, 8, 1 I,

14.15, 21,22. and 23 that - pnWiously promulgaled k1 2004

and 2ll!l5; and that WllI1l not pre- v10ualy Included In other 19\11- sions,10 tlleSIPo

A public' wid be held Maroh 28. 2006, at 1:30 p.m. on the GallI.. Building, Ofiver Pollock Conference Room Clll, 602 N. Fifth SIree1, ll8lon Roug8,'

~~":itto~:=~ 0"" comments 00 the amendmen1S. Should: individuals with a dl$ablllty n~ an commodation In aider to partici-I

pale. contaCt Juditn Sclwerman.· 0tl1Cll 01 the ~le!IaI Af- fBirs DlvWon Box "Ba~

~DU~, LA 70821-4,3 or B1 (225 219-3550. Fne DIlI'kino Is avel able eei'oss the stieet Inlhe

Galvez ~ino garage w","", the parl<ing ticket.-validated by <»'

~ent ~eI at the '-<-

All in\enlsted persorl4 are Invited 10 submit wrftten comments on the propoSed ·2005 SIP,geneml

revislone. <:omments must be Submitted no laler \hall 4:30 p.m. on AprIl 4, :W06. ConIments

should be mailed 10 Sandra Hilton. Office of Environrnentlll 1UJ.. oeesment Pilln DeIIelopn>enl 8ection, Box 4314 Baton ROil- Qe> LA 70821-4314 Of faxed 10 (2251 219-3582. CopieS of this documentclII1 be oiJn::hased by contaeling the CEQ Public Aeconts Cenfer at (225) 21&-316& /l

~~=::~lg:o~lsco: The person whose signature appears above in Monroe, LA on this i>I the documont. :

10

A copy

the SIP

01 maythe general

be viewedrevlelons Marl' -th

day thrD\lllh Frtday, from B am. to 4:30 p.m.. 81 the foIIowtna ---d f DEQ locatl~ 602 N. FIftfi ay 0

S\re8t. Balon Rouoe. LA 7OflO2; 1823 HkIhwav 646. ·Wesl Mon- roe LA- 71292: Slate Office

Building, 1525 Fairfield A'l8nUG,

,~~~r't.eJ~~~,3Ei 70615; 645 N. DriVa. Suite C, Mandeville, LA 70471; 1" "'_ C8nter Drive. lafayDtte. LA

70508; 11 0 Baretana Street.

l.ocl<t>Ort. LA 70374 or on \toe In·

ternet at

l:!DrnJiIo RobiOSllO, CI'M Executive (>aunsel

Monroe. LA Febtuary 13. 2006

344
Acadian~'s Daily Newspaper

THE ADVERTISER

1100 Bertrand Drive

LAFAYETTE, LA 70506

RECEIVED

FEB '2 1[006

lllLi.l!()SLCiLARU

Rf.GUlJ,1\ON 1j~'IELOPMENi SeCTION

PHONE: (337) 289-6300

FAX: (337) 289-6466

AFFIDAVIT OF PUBLICATION

LDEQRD

07532808

$60.00

9

Remender D. Weatherspoon

LA Department of Environmental Quality

OSEe/Legal Affairs Division/

Regulation Development Section

P. O. Box 4302

Baton Rouge, LA 70821-4302

Account No.:

Ad Number:

Ad Total:

Ad Inches:

Reference No.: ~To Insure proper credit please refer to your accounl 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

POTPOURRI

Department of Environmental Quality

Office of fhe Secretary

Legal Affairs Division

2005 State Implemenfatio"n plan (51 Pl General Revisions

(0602Pot2)

was published in THE ADVERTISER on the following dates:

*Thursday, February 161 2006

Sworn to and subscribed

mGt~'LJJ~ . II

NOTARY PlIBLlC..1i [0#13817

345

day of February, 2006.
u): o..t ~1.C/i.AH~

REGlJU>,TIOli )f ,ELOPM [NI SECTION

3BOO BOWARD AVENUE, NEW ORLEANS, LOUISIANA 70140-1097 TELEPHONE (504) 826--32:06

otary

My ~ommission expires at my death.

Charles A. Ferguson, Jr.

Notary identification number 23492

February 15,2006

The Times Picayune

Dept. Of Environmental Quality

Was published in

Advertisement of

346

On the following dates

Re:Potpourri 2005 State Implementation Plan (SIP)

General Revisions (0602pot2)

3800 Howard Ave.

N,ew Orleans, La. 701125

P.O. BOX 4302

Baton Rouge, La. 70821-4302

15th

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 ofThe 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

POTPOOllRI

Depar'm~"i ~J:vironmenlal

OfIke alltll Stcrt'Iary Legal Affairs Division

2005 SlItle Iltll)lementlllon Plan (SIP) Genenl Rnillons ID6Q2Po121

Under Int authority ot thl Environmental QueJilv Acl, R.S, 30:2051 ,t r..q., thoe secr.titry Ili'/h potice of prapond OtAeral revi~Ol'l~ 10 the Ilr aualIty Still" ImplM'lltnliition Plln iSIP), Th. fe'li,lon, IncJudl Imem:lnllmtr. fo various air QUIHh I'f~tfonl in

h~Cl~31~.W·~~J lllh:f ~~~ prevlouslv promuluahtd In toO.c lind 201)5, anet U'iIIl were nol previouSiv inclUded In other rnlsiom. kt 'h~ Sl P.

A. pub4lc hlarlnp will be h~1d 01'\ March 21, 2004" ..I 1:30 Q.m. fn Ihe Galvez Building, Ol;ver PolkKl( CQnfer,ncl Room Cl11, 602 N. Fi'lh Sir"', Baton RG~.

;(~U\~~,r~' ~n~eJeeiJe:,J~~t

~~~n~~t~~t~h~I~~~:re:j~ wHl'l I d;ubilily n.el1 an lC'commodalioll in ordu 10 part1c1~alt. conlect Judith Schuuman, OUi<:, of It,. Secretary, l.~al Afhfrl Divi$ion. Box 002. BalGn Rougl, LA 7062)·4307 or ., 1225) 219 .. 3550. Frn parking h avail.blt acrou 1M Slrelt In Ih,

~~n~:1r~~n~ ~r~~Ti~~:d ~; dtP,rtm.nt perionneJ a. Ihl htarltlf.

All IntenSfed poenoi'll Ire Invited 10 submit writlen ccmm,nU. on lhe propoled z005 SIF> general (evlsion". Cornmenh musl be submiUed no Jaltr titan .(:30 P.M. on April

4, 2006. Comments 1hould b!'I mailed 10 Slndr. Hinon, Otffce 0' Eny;ronm,nl.1 AS$fUmenl, Plan Development Seclion. Box .. 3U, Balon Rouge, LA 70821-4314 .r f.xed I. (22511

2"-3512, top'" .f Inl'i

~~~~~~r/n~'1h~' g1~h.~~dbl~~ I

Records. Cenlrr .II (US) 219-31601. A check ,01' monfY orMr Is (louirid In advtnce for nd'l copy of 'hI! docUm8111.

A copy··of Ihe general reviJlonl 10 the SIP mav be 'i'Lewed Monday through F'riday, from • a,m. 10 4:30 p.m.. at the followirxt peQ locations: 602 ~. Flflh

/

~~~·~Ig~~:~ ~U~f!STAM~~~;: LA 11m; 5'.'. Office Buildln••

~;;ve~:~r, f L'.t! d71 ~Ovl~ nl~~ f Gadwall Sire-et. lak. Chll(ltS,

k~1:~~5~:~~:rH~.O'LA 90iHf W.~"tr•. C~~'HsMH6 r:;'~I~t~nS~t:·"n';r~e~P:r'ht~~

~:rt:vi.~:/12};/[k~~~~:sP~~"i I

~:~r.:t.:~ CPM .

----
ICERTIFIED COPYI~~\I'\\'

// ~"': .~~. /.. ,". -.. "'

LA. DEQ OSEe/LARD

347

00053262

lA DEQ OSECIlARD

REGULATION DEVELOPMENT

REMENDER WEATHERSPOON

P.O. BOX 4302

BATON ROUGE, LA 70821-4302

STATE OF LOUISIANA

Parish of Calcasieu

Before me the undersigned authority, personally came and appeared

/7 "- -/: ~) 1'\ ct2..<t~A.AcR--tVtJ

who being 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)

Duly Authorized Agent

Subscribed and sworn to before me on this 15th day of February, 2006 at

LakeChar! ' _n ~ftrrM-on'i:~

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

dated:

00232083 - $76.00

February 15, 2006

Affidavit of Publication

POTPOUR.R.I

Oeportment of Envl·

ronmental Quality, Of·

flce of the Secretary, lrr

gal AffaIrs Olvlslon,

2005 State Implementation Plan (51 Pl Generol

Revisions (0602Pot2l Under the authority of

the Environmental

Quality Act. R.S. 30:2051 et sea .• the secretary alves notice of proPOSed

general revisions to the

air auallty State Implementation Pion (SIP). The revisions Include

amendments fa various

air qualltv regulations

In LAC 33: 1.II.Chapters 2.5,6,9.11.14,15.21.22.

and 23 that were prevl·

ously promulgated In 2oo~ and 2005, and that were not previously Included In other revisions to the SIP.

A public hearing will

be held on Morch 28.

2006, at 1:30 p.m. In the

Go Ivel Building. Oliver

Pollock Conference

RoOm Clll. 602 N. Fifth

Street, Baton Rouge. Louisiana. Interested

persons ore Invited to attend and submit oral comments on the pro· posed amendments.

Should Indllliduais with a dlsabllltv need an ac- commOdation. In order to participate, contact Judllh Schuermon. Office

of the Secretory. Legal Affairs Division, BOl( ~302. Boton Rouge. LA 70821'4302 or at (225)

219·3550. Free parking

Is ollollable across the street In the Go Ivez

porklng goroge when

the parking ticket Is

volldated by depart- ment personnel 01 the

hear/mi.

All Interested persons Ore Invited to submit

written comments on the proposed 2005 SIP

general revIsions. Com· ments must be submItted nn later than.4,3D

p.m. On April 4, 2006.

Cnmmenfs should be

moiled fo Sondra Hlilon.

Office of Environmental

Assessment, Pion Development Section, BOl( 431~, Baton Rouge, LA

70821-4314 or faxed to (225) 2'9-3582. Caples of

this document can be

purchased by contactIng the 0 EQ Public Records

Center at (225) 219-3168.

A check Or money order

Is reqUired In advance

for each COpy of the

document. . A copy of 1he genercll

revisions to the SIP may

be vIewed Monday through Friday, from 8 a.m. 10 4:30 p.m•• ot the

following DEQ locatIons, 602 N. Fifth

street, Baton Rouge, LA

70802; 1823 HIgj1way 546.

West Monroe. LA n292;

Stote Office Building,

1525 Fairfield Avenue.

Shreveport. LA 71101;

1301 Godwoll Street.

Lake Charles, LA 70615;

645 N. Lotus Drive, SuIte

C. MandeVille. LA 70471; 111 New Center

Drive, Lafayette. LA

70508; 110 Baralorla

Slreet. Lockport, LA

70374 or on the Internet at http://www.deCl.louIsiano.gov/parfal/tobld12

279/0efoult.05Pl(;

Herman Robinson.

CPM

Executive Counsel

FebnKIry 14 11

00232G83
POTPOURRI

[CERTIFIED COPY~,\l

Qrhr OIimrs

RECEl\!ED

FEB 2! {006

LOLQ'D~LCiLAIiD

REGULATION ,)r'ilLOPME.NT SECTIOtl

Oepanmenl at Environ·

menial Quality

Otnco all"" Sacrola!)'

Legal AffaIrs Di'JisJ<,J1"

2005 Slaw Implomenta·

lion Plan 1511', G~neral

f1OVl"ion~

10602Pot2)

PROOF OF PUBLICATION

00000

STATE OF LOUISIANA

HE! rrt~n RV~}I"JS('n. G"~/I

[:(OCI.!i~'1;; CDlJnS(l1

The Ti'T,(~~

h~~;.:~~~, i_~., lC~06

A~opy of lhe generarreVISIOns 10 Ihe SIP may

be viewod Monday .

through Friday, from 8

<l.m. to 4:30 pm.. a1 the

follOWing DEQ locations:

(,02 N. Fifth SIr091. Bat,

on Rou~e, LA 70802' .

1B23 Highway 546, West

Monroe, LA 71292: State

QHice BUileing. 1525

f'm,t,,Jld Avenue. ShrEr-

"eport LA 71101: 13C1

Gadwah Slreet Lake

Charltl~, LA ',()515: 645

N. Lotus Drive. Suitl) C.

Mandeville. LA 70471

111 New CerneT Drh1e.

. LalilYe"e, LA 70508:

t 10 BaratanB Sirefl.

l.ockport LA 7037. ')r

on the Intemel at

hHp: Ilww~o:, deq. kJuisian.~

gov!pOrtal'la~)id;?279 De h",j9SP., . .

Altheas Critton, personally known to me,

(Signed)

PARISH OF CADDO

Before me, the undersigned authority, personally came and appeared

Sworn to and subscribed before me this 13th day of February, 2006

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

Classified Advertising Manager ofThe Times, and that the attached

Advertisement entitled:

POTPOURRI (0602Pot2)

348

DIANA W.BARBER, NOTARY' PUBLIC" 00491

CADDO PARISH, LOUISIANA

MY COMMISSION 15 FOR UFE

February 13, 2006

Under t~e aUI~orily 01

the Environmer1lal Quali·

Iy ACl, RS. 30:2051 01

seq.• [he secretary glv£=s

nOliCe 01 proposed generCll revisions to the air

Quality Slate Implementation Plan (SIP). The revisions Include amendmen\s '0 various air

Quality rogulations ill

IJIC 33:1I1.Chaptels 2,5

6.9. 11. l~_ 15.2122. and 23 thaI wOle prevI'

ously promUlgated III

2004 and 2005, and lhal

were not previou~ly inclUOOd III olher lovisians

10 IheSIP.

A public h"anng ",II be hold on March 28, 2006.

al 1:30 p.m. in rhe Galvez Building, Oliver

Pal fOCI< Conference Room C1 t 1, 602 N. ~IMh

Streel, Baton Rouge.

LouiGiana. Interested

persons are invrted 10 allend and submit oral

commenls an lhe proposed amendments. Sl1c>uld individuals wrth a dlsah/lily need an aCcommodation in order 10

panicrpale, contact .Ju- dith Sc~,uerman, OHf:t!

oll!1o Secrolary, Legal

AHairs [)Wision, Box

4302, Balon Rouge. LA

70821-4302 or al (225)

219-3550. Free par1<ing

is a\'~"able across lhe

strCB' in lhe Galvez par~ing garage when the

par1<iflg tickgl ,s validated by depanmont per' sonnel al the heering.

M interested perso!'!s . are In\';I<ld to !;ubm~ writ· Ion COl':"lmcnt$ on u)C

proposn.d 2005 SIP gen·

mal revIsions. CommOf1lS musl be submrt· I(}(J no 131er '!)a~ 430

r;~m-:-oil Ariil~06 ComnlCnls should be mailed 10 Sandra Hillon.

OHlce of Environmontal

.Asse~sment, Plan Developmen.l Section. Box

4314, 8alon Rouge, LA

70821-4314 adaxed I~

(225)J'19.3582. Copies

of thtS document can be .purtllased by conlacllng

tile DEQ PubliC RecorOs

Cenler at (225) 219-

3168. A cheCk or money

order is i.equire,d in advanco for oach copy of

the document..
ICERTIFIED COPlJ~¥\bll

AFFIDAVIT OF PUBLICATION

FEB 21 2006

l.DfQ,'GS~;;iI.A!m

REGULATION DfV[LOPM£Nl SECTiON

POTPOURRI

Department of Environment~1 Qu~llty

Office of the SIlcret~ry

Legal Affairs Olvislon

:zoos Shte Irnplemenratlon Plan

(SIP) General

Revl.lons

(060ZporZ)

Under Ihe aulhority of

the Environmental

Quailly Act. R.S.

JO:Z051 et seq" Ihe sec'

retary gives notice of

proposed oenera' revi·

slon. to ttle air qu.allty State' 'ImplementBllon Plan' (SI Pl·.. ·Therevlslons Include amend- ments to varIous air

qualify regulations In LAC 33:11 '-Chapters 2,

5, 6, 9. 1J, 14, IS, 21, 22-

and 23 that were prevl' ously promulgated In 201M and 2005, an'" lt1at were not previously Included In other revl'

slons to the 51 P•.

A publiC hearlng will ' be held on March 28, 2006. at 1:30 p.m. In Ihe

Galvez Building, Oliver

Pollock conference

Room CHI. 602 N.

Fifth Street, Baton

Rouge, Louisiana. In'

lerested person. are Invited to attend end

submit oral comments· on the proposed amendments. Should

indiVldUais with a dlsa'

bll1ty need an accom- modation In order to participate. cont"cl ~u­ dlth Schuerman, Off,ce of the Secretary, Legal Affairs Qivlslon. Box

4302. Baton Rouge, L.A 70821·4302 or, at (%251

219.J550. Free parkIng Is available across tha s1 reet In ilia Galve]: parking garaga when

the parking ticket Is

validated by defart. ment ~rsonnel a tha

hearing.

All interested persons are InVIted to submIt

written comments on the proposed 2005 51 P

general .' revisionS.

Comments must be

SUbmitted no later

than 4:30 p.m. on April 4. 2006. comments should be mailed to Sandra Hilion, 'Office 01 Environmental As,

sessment, Plan Devel'

~~,e~t..to~'1:~, ~'lK 711821-<4314 or faKed to (225) 219,2582. Copies of this document 'can

be purcllasell by can'

tactlng the DEQ Public Reco~ds Center at (:us) 219-31&8. A ~heck

or money order ,s re- quired in advance lor

each copy of tile dOCU' ment.

A cOPy of the general rev1soons to' the 51 P may be viewed Man1~m f~r~.~. f:id4~ro p.m.• at the following

CEQ locations: 602 N.

FIfth Sired. Baton

Rouge. LA 708CY.1; 1823 Hlgllway 546, west Monroe, LA' 11m

State Office Building, 1525 Fairfield Avenue.

Shreveport, LA 11101;

1301 Gadwall, street, l.ake Charles, LA

70615; 645 N. Lotus

Drive, Suite C, Mandeville. LA 70411; 111 New center Drive.

Lafayette, LA 70508; 110 Barataria Street,

~~kf~r' 'i~~;i4 ~~ http://www.deq.l0!J1sia

na.gov/portal/tab,d122

79/0efault.aspx.

HERMAN ROBINSON.

~~~utl;'e Counsel

(Z) 15

I, Linda Ward, Call Center Supervisor

of THE TOWN TALK, published at Alexandria,

Louisiana do solemnly swear that the

Public Notice

advertisement, as per clipping attached, was

published in the regular and entire issue ofs2id

newspaper, and not in any supplement thereof

for..QM... insertions commencing with the issue

dated February IS, 2006 and ending with the

issue dated February 15, 2006.

Subscribed and sworn to before me

l

349
ORIGINAL

STATE OF LOUISIANA

DEPARTMENT OF ENVIRONMENTAL QUALITY

IN RE:

2005 STATE IMPLEMENTATION PLAN

(SIP) GENERAL REVISIONS

LOG #: 0602Pot2

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 1:30 p.m., on

March 28, 2006.

BEFORE: Lori B. Overland

Certified Court Reporter

In and For the State of

Louisiana

HECfl~'ED

APi~ 077.005

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ASSOCIATED REPORTERS, INC.

(225) 216-2036

350
DEPARTMENT OF ENVIRONMENTAL QUALITY

A P PEA RAN C E S

FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL

QUALITY:

Sandy Stephens

Hearing Officer

Department of Environmental Quality

Office of Environmental Assessment,

Environmental Planning

Regulation Development, 6th Floor

P.O. Box 4314

Baton Rouge, Louisiana 70821-4314

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ASSOCIATED REPORTERS, INC.

351

(225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY

I N D E X

EXAMINATION:

None

EXHIBITS:

None

REPORTER'S PAGE

REPORTER'S CERTIFICATE

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ASSOCIATED REPORTERS, INC.

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(225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY 4

1 MS. STEPHENS:

2 Good afternoon! My name is Sandy

3 Stephens. I'm employed with the Louisiana

4 Department of Environmental Quality. I'll

5 be serving as hearing officer this afternoon

6 to receive comments regarding proposed

7 amendments to the Air Quality State

8 Implementation Plan (SIP), and to the

9 Environmental Quality regulations.

10 The comment period for these

11 amendments began on February 20, 2006, when

12 the potpourri notice and notices of intent

13 were published in the Louisiana Register.

14 The comment period will close at 4:30 p.m.,

15 today, March 28,2006, for the Log Numbers

16 AQ258ft, HW089ft, and OS068ft. It will

17 close at 4:30 p.m. on April 4, 2006, for the

18 SIP Revision and Log Numbers WQ062, WQ063,

19 and WQ064. It would be helpful to us if all

20 oral comments received today were followed

21 up in writing.

22 This public hearing provides a forum

23 for all interested parties to present

24 comments on the proposed changes. I'll ask

25 that each person commenting come up and sit

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(225) 216-2036
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DEPARTMENT OF ENVIRONMENTAL QUALITY

at the front table and begin by stating his

or her name and affiliation for the record.

The first item on today's agenda is

the 2005 State Implementation Plan General

Revisions.

Under the authority of the

Environmental Quality Act, R.S. 30:2051 et

seq., the secretary gives notice of proposed

general revisions to the air quality State

Implementation Plan (SIP) The revisions

include amendments to various air quality

regulations in LAC 33:III.Chapters 2, 5, 6,

9, 11, 14, 15, 21, 22, and 23 that were

previously promulgated in 2004 and 2005, and

that were not previously included in other

revisions to the SIP.

Does anyone care to comment on this

amendment?

If not, the hearing on the 2005 State

Implementation Plan (SIP) General Revisions

is closed.

Thank you for your attention and

participation.

This hearing is closed.

THE HEARING CONCLUDED AT 1:32 P.M.

ASSOCIATED REPORTERS, INC.

354

(225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY 6

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

2 I, Lori B. Overland, Certified Court

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

4 officer, as defined in Rule 28 of the Federal

5 Rules of Civil Procedure and/or Article 1434(b)

6 of the Louisiana code of Civil Procedure, before

7 whom this sworn testimony was taken, do hereby

8 state on the Record

9 That due to the interaction in the

10 spontaneous discourse of this proceeding, dashes

11 (- -) have been used to indicate pauses, changes

12 in thought, and/or talk overs; that same is the

13 proper method for a Court Reportersls

14 transcription of proceeding, and that the dashes

15 (- -) do not indicated that words or phrases have

16 been left out of this transcript;

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That any words and/or names which could not

be verified through reference material have been

denoted with the Phrase~lli~__

Lori Overland, C.C.R.

# 97083

ASSOCIATED REPORTERS, INC.

355

(225) 216-2036
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DEPARTMENT OF ENVIRONMENTAL QUALITY

C E R T I FIe A T ION

I, the undersigned reporter, do hereby

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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

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standing

state of

as a court reporter in and for the

LOUiSian~_Q~A

Lori Overland, C.C.R.

# 97083

ASSOCIATED REPORTERS, INC.

356

(225) 216-2036
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

1445 ROSS AVENUE, SUITE 1200

DAl.LAS. TX J:!5202-2733

. '" i..

Ms. Sandra Hilton

Office of Environmental Assessment,

Environmental Planning Division,

P.O. Box 4314

Baton Rouge, LA 70721-4314

Dear Ms. Hilton:

Our office has reviewed the Louisiana Department of Environmental Quality's

proposed revisions to the 2005 General Revision to the State Implementation Plan, which

includes revisions to LAC 33:IIl in Chapters 2, 5, 6, 9, 11, 14, 15, 21, 22, and 23.

Many revisions appear to be primarily non-substantive and clerical in nature from

an Air Planning perspective. We support the revisions that revise rule references after

department reorganization to reflect the new organizational structure. These are

included in the section of your submittal entited "OS 065, Organizational Changes Under

New Administration." We also support the revision to §2305 in which the reference to

repealed Chapter 31 is removed. We understand the revision removes definitions from

this section, so what definitions now apply here?

The additional rules that were promulgated in 2004, all refer to the reporting

requirements in LAC 33:1, Chapter 39, Notification Regulations and Procedures for

Unauthorized Discharges. We do not expect to be able to act on these revisions because

of concern with the approvability of LAC 33:1, Chapter 39.

Regarding the revision to §2115 in 2004 adoptions, we can support the changes in

threshold reporting from 50 to 25 tpy for the Baton Rouge nonattainment area, and to 100

tpy for all other areas of the state with the exception of Calcasieu and Pointe Coupee

Parishes, which remain at 50 tpy. All other sections not specifically discussed in this

letter may be commented upon by the Air Permit Section.

We appreciate the opportunity to comment on these SIP revisions. 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.

~U':iJ.~~. Thomas Diggs, Chief

Air Planning Section

EPA Region 6

357

Recycled/Recyclable. Prlnl8d with Vegelab/9 011 Based'nl<s on 100% Recycled Papsr (40% Poslconsumefj
AQ248

Comment:

Response:

Comment:

Response

OS052

Comment:

Response

Summary of Comments and Response

2005 State Implementation Plan

The revision removes definitions from LAC 33:II1.2305.C, so what

definitions apply to LAC 33:III.Subchapter C. Phosphate Fertilizer

Plants?

This portion of AQ248 will be withdrawn and the corrected

rulemaking will be submitted at a later date.

EPA does not expect to be able to act on the revisions to LAC

33:I.Chapter 39 because of concerns of Chapter 39 approvability.

The Section 507 portion of AQ 248 has been withdrawn and will

be resubmitted once EPA has approved LAC 33:I.Chapter 39.

EPA does not expect to be able to act on the revisions to LAC

33:I.Chapter 39 because of concerns of Chapter 39 approvability.

All of OS052, except the portion ofthe revision to LAC

33:111.2115 which changes the reporting thresholds, has been

withdrawn and will be resubmitted once EPA has approved LAC

33:I.Chapter 39.