EDWIN W. EDWARDS 

GOVERNOR 

ji;ltat.e of 1flouisiana 

OFFICE OF THIO GOVERNOR 

~afon ~ouge 

70804-9004 

November 10, 1994 

Ms. Jane Saginaw, Administrator 

U. S. EPA, Region 6 

1445 Ross Avenue, suite 1300 

Dallas, TX 75202 

Dear Ms. Saginaw: 

POST OFFICE BOX 9400.t 

(504) 342-7015 

The State of Louisiana has approved and is submitting 

revisions to the Louisiana Operating Permits Program. On November 

15, 1993, Louisiana submitted for your review the Operating Permits 

Program as mandated under Title V of the Clean Air Act Amendments 

of 1990. This revision package consists of two rules: (1) 

insignificant activities which will not require permitting in 

Louisiana; and, (2) edits to the Permit Procedures Rule as 

requested by EPA in the August 29, 1994 Federal Register. 

The Louisiana Department of Environmental Quality considers 

this program revision to be a material revision, and requests that 

the Administrator extend the review period for the Louisiana 

Operating Permits Program in accordance with 40 CFR 70.4(e){2). 

The extension will allow the EPA to review the revisions and take 

final action on the Program with the revisions incorporated. For 

the smooth i~plementation of this comprehensive new air quality 

permitting program, it is important that EPA not render the Program 

effective prior to review and approval of the submitted revisions. 

Please contact the Air Quality staff .through Mr. Gus Von 

Bodungen, Assistant Secretary at (504) 765-0102 if you have any 

questions. 

· Best wishes and warm personal regards. 

EWE:AHS 

Attachment 

c: Ms. Jole Luehrs, EPA Region 6 
TABLE OF CONTENTS 

PART I. INTRODUCTION •..........••.•.............................. 1 

Table 1, Insignificant Activities List Timeline .••••..• 2 

Table 2, Revisions to Chapter 5 Permit Procedures 

Timeline ..••........••.......•••..••...........•....... 3 

Attachment 1, Louisiana R.S. 30:2025 ••••••••••••..•.••• 4 

PART II. LOUISIANA OPERATING PERMITS PROGRAM REVISION TO 

INCORPORATE A LIST OF INSIGNIFICANT ACTIVITIES, AQ93, LAC 

33:III, 501 •...•.....•.....•...•.•.•••...•.....•.••....• 10 

Modified program description •••.••••••.••.•.•.•..•...• 10 

Notice of adoption .....•••••••••••••••..•.•.•..•.••..• 12 

Final rule .. .......................................... . 13 

Proposed rule with technical amendments ••••••••••••.•• 20 

Comments and responses ...•.•.•.••••••.••...••••.•••.•• 27 

Transcriptofpublichearing ..•.••••.••.....•.•......• 48 

Proposed rule ......................................... 62 

Newspapernoticesofintent ••••••••••••••••••••••••••• 66 

PART III.REVISIONS IN RESPONSE TO AUGUST 25, 1994 PROPOSAL TO 

GRANT INTERIM APPROVAL, AQ102, LAC 33:III. CHAPTER 5 

REVISIONS •••...•••.•...•..•••...••••••.•..•..••.•..•.... 73 

Modified p~ogram description .••...••.•..•.•.•••....•.. 73 

Proposed rule with technical amendments .•............. 78 

Comments and responses •••••••..•.•••.•.•.••.••••••••.• 81 

Transcriptofpublichearing •••••..•.••.••..•.....•••• 84 

Proposed rule ....•...•..•......•....•....••.••........ 88 

Newspapernoticesofintent ••.•••.•••.••••••••••.••..• 95 
still-column ermss10ns using approved methods found in 

Subsection D of this Section. 

3. Any glycol dehydrator using a flare or other 

combustion device as a control device shall be deemed 

equivalent to the control efficiencies of Subsection B.1 and 2 

of this Section provided the unit is permitted in accordance to 

LAC 33:III.Chapter 5. 

C. Exemptions. A glycol dehydrator is exempt from the 

requirements of this Section if any of the following conditions 

are met: 

1. the owner can demonstrate to the administrative 

authority that the glycol dehydrator operates fewer than 200 

hours per year; or 

2. the owner can demonstrate to the administrative 

authority that the glycol dehydrator does not emit total VOC 

emissions in excess of nine tons per year. 

D. Test Methods. The emissions from uncontrolled glycol 

dehydrators affected by Subsection A of this Section shall be 

determined using one of the following methods: 

1. rich/lean glycol mass balance using pressurized 

sample; 

2. total capture stack condensation; 

3. partial stack condensation; 

4. conventional stack measurements using LAC 

33:III:6071 and 6085 (Methods 18 and 25); or 

5. alternative methods of testing as approved by the 

administrative authority. 

E. Compliance Schedule. All facilities affected by ·this 

Section shall be in compliance as soon as practicable, but in 

no event later than two years after promulgation of this rule, 

except those facilities required to submit a Part 70 

permit. Facilities required to submit a Part 70 permit shall be 

in compliance within one year of the date of promulgation of 

this rule. 

F. Recordkeeping. The owner or operator of any facility 

subject to this rule shall maintain the following information on 

the premises, or an alternative location approved by the 

administrative authority for at least five years and shall make 

the following information available to representatives of the 

Louisiana Department of Environmental Quality upon request: 

1. Glycol units complying with Subsection B.1 of this 

Section shall maintain: 

a. record of final exhaust temperature and time 

observed recorded twice a week on different days; and 

b. a record of total hours of operation on an annual 

basis if claiming an exemption under Subsection C.1 of this 

Section. 

2. Glycol units complying with Subsection B.3 of this 

Section: 

a. flares shall be operated in accordance with LAC 

33:III.3131; and 

b. other combustion devices used to control emissions 

shall be operated in accordance with LAC 33:III.Chapter 31. 

3. All glycol units shall maintain: 

a. a record of actual production per day and glycol 

circulation rate if claiming an exemption under Subsection C.2 

of this Section; and 

b. record the hours the emissions are not routed to the 

control device. 

Louisiana Register Vol. 20 No. 11 November20, 1994 

G. Reporting Requirements 

1. The owner or operator of a facility shall submit to the 

administrative authority a permit application after installation 

of controls unless exempt from permitting pursuant to LAC 

33:III.Chapter 5. 

2. If no permit is required pursuant to LAC 

33:III.Chapter 5, the owner or operator of a facility shall 

submit to the administrative authority a new or updated 

emission inventory questionnaire after installation of controls. 

3. The owner or operator of a facility shall submit to the 

administrative authority by March 31 each year (or other date 

as requested by the administrative authority) an annual report 

containing the following information: -

a. for glycol units complying with Subsection B.1 of 

this Section: 

i. a record of the annual average final exhaust 

temperature; and 

ii. a list of all temperature exceedances greater than or 

equal to l20°F, the date of each temperature exceedance, and 

a brief explanation describing the circumstances of the 

temperature exceedance. 

b. for glycol units complying with Subsection B.3 of 

this Section record the times when the flare or combustion unit 

is~not lit and when emissions are not being routed to the 

control device. 

AUTHORITY NOTE: Promulgated in accordance with R.S. 

30:2054. 

HISTORICAL NOTE: 

Environmental Quality, 

Protection, Air Quality 

repromulgated LR 20: 

9411#044 

Promulgated by the Department of 

Office of Air Quality and Radiation 

Division, LR 20:1107 (October 1994), 

(November 1994). 

James B. Thompson, III 

Assistant Secretary 

RULE 

Department of Environmental Quality 

Office of Air Quality and Radiation Protection 

Air Quality Division 

Insignificant Activities Permit Exemption 

(LAC 33:111.501) (AQ93) 

Under the authority of the Louisiana 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 Air Quality Division 

Regulations, LAC 33:III.501.B.5 (AQ93). 

This rule revises the Louisiana Air Quality Permit 

Procedures. The revision seeks to define Insignificant 

Emission Sources and to exempt such sources from the 

requirement to obtain a permit. Failure to promulgate this 

revision would result in the following types of emission 

sources having to comply with obtaining a permit: 

miscellaneous equipment (maintenance or construction); 

1280 

c 

( 
exhaust ermss10ns from cars, trucks, forklifts, etc.; office 

activities such as . photocopying, blueprint copiers; site 

assessment work to characterize waste disposal or remediation 

sites; emissions from storage or . use of water treating 

chemicals; emissions from food preparation at restaurants, 

cafeterias, and facilities; buildings and cabinets used for 

storage of chemicals in closed containers; etc. 

Title 33 

ENVIRONMENTAL QUALITY 

Part ill. Air 

Chapter 5. Pennit Procedures 

§501. Scope and Applicability 

*** 

[See Prior Text in A - B.4.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 state or federal applicable 

requirement applies is not insignificant, even if the activity 

meets the criteria below. For the purpose of permitting 

requirements underLAC 33:III.507, no exemption listed in 

the following table shall become effective until approved by 

the administrator in accordance with 40 CFR Part 70. 

1281 

1. fuel-burning heating 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, 

provided that the aggregate emissions from all such 

units listed as insignificant do not exceed five tons 

per year; 

2. storage tanks less than 250 gallons storing organic 

liquids having a true vapor pressure less than or 

equal to 3.5 psia, provided that the aggregate 

emissions from all such organic liquid storage tanks 

listed as insignificant do not exceed five tons per 

year, do not exceed any Minimum Emission Rate 

listed in LAC 33:III.Chapter 51, Table 51.1, and 

do not exceed any hazardous air pollutant de 

minimis rate established pursuant to section 112(g) 

of the federal Clean Air Act; 

3. storage tanks less than 10,000 gallons storing 

organic liquids having a true vapor pressure less 

· than 0.5 psia, provided that the aggregate emissions 

from all such organic liquid storage tanks listed as 

insignificant do not exceed five tons per year, do 

not exceed any Minimum Emission Rate listed in 

LAC 33:III.Chapter 51, Table 51.1, and do not 

exceed any hazardous air pollutant de minimis rate 

established pursuant to section 112(g) of the federal 

Clean Air Act; 

4. emissions from caustic storage tanks which contain 

no VOC; 

5. emissions of any inorganic air pollutant which is 

not a regulated air pollutant as defined under LAC 

33:III.502, provided that the aggregate emissions 

from all such pollutants listed as insignificant do 

not exceed five tons per year; 

6. fuel-burning heating equipment with a design rate 

less than 1 million BTU per hour; 

7. Emissions from laboratory equipment/vents used 

exclusively for routine chemical or physical 

analysis for quality control or environmental 

monitoring purposes, provided that the aggregate 

emissions from all such equipment vents considered 

insignificant do not exceed five tons per year, do 

not exceed any minimum emission rate listed in 

LAC 33:III.Chapter 51, Table 51.1, and do not 

exceed any hazardous air pollutant de minimis rate 

established pursuant to section 112(g) of the federal 

Clean Air Act; 

8. Noncommercial water washing operations of empty 

drums less than or equal to 55 gallons with less 

than three percent of the maximum container 

volume of material. 

Louisiana Register Vol. 20 No. 11 November 20, 1994 
1. activities which occur strictly for maintenance of 

grounds or buildings, including: lawn care, weed 

control, pest control, grinding, cutting, welding, 

woodworking, general repairs, janitorial activities, 

steam cleaning, and water washing activities; 

2. surface-coating of equipment during miscellaneous 

maintenance and construction activities, including 

spray painting, roll-coating and painting with 

aerosol spray cans, provided no paint or coating 

exceeds a maximum 3.5 lb/gal organic toxic air 

pollutant listed in Tables 51.1 or 51.3 of LAC 

33:III.Chapter 51, and no paint or coating exceeds 

any limitations listed in LAC 33:III.2123. This 

activity specifically does not include any facility 

whose primary business activity is surface-coating 

or includes surface-coating of products; 

3. miscellaneous equipment maintenance or 

construction unless otherwise regulated by state or 

federal regulation, which may include, but is not 

limited to, such activities as: welding, steam 

cleaning, equipment used for hydraulic or 

.. hydrostatic testing, miscellaneous solvent use 1, 

miscellaneous sandblasting, sweeping, nonasbestos 

insulation removal, acid washing, caustic washing, 

water blasting, application of refractory and 

insulation, brazing, soldering, the use of adhesives, 

grinding, and cutting; 

4. exhaust emissions or vehicle refueling emissions 

from cars, trucks, forklifts, courier vehicles, 

front-loaders, graders, cranes, carts, maintenance 

trucks; locomotives, helicopters, marine vessels, 

and other self-propelled on-road and off-road 

mobile sources unless regulated by Title II and 

required to obtain a permit under Title V of the 

Clean Air Act. This exemption does not include 

any transportable emissions units such as temporary 

compressors or boilers. This exemption does not 

cover loading racks or fueling operations covered 

by LAC 33:III.Chapter 21; 

5. office activities such as photocopying, blueprint 

copying, and photographic processes; 

6. site assessment work to characterize waste disposal 

or remediation sites; 

7. operation of groundwater remediation wells, 

including emissions from the pumps and collection 

activities. This does not include emissions from 

air-stripping or storage; 

Louisiana Register Vol. 20 No. 11 November20. 1994 1282 

I 0 iigpi~~! ~~ •... ····· ······ i r !<•••••••><·••••••••••• ····.·• .. 

8. emissions from storage or use of water-treating 

chemicals, except for toxic air pollutants as listed in 

Tables 51.1 or 51.3 of LAC 33:III.Chapter 51, or c 

pollutants listed under regulations promulgated 

pursuant to section 112(r) of the federal Clean Air 

Act, for use in cooling towers, drinking water 

systems, and boilerwater/feedwater systems; 

9. miscellaneous additions or upgrades of 

instrumentation or control systems; 

10. emissions from food preparation at restaurants, 

cafeterias, and facilities where food is consumed 

on-site; 

11. emissions. from air contaminant detectors, air 

contaminant recorders, combustion controllers, or 

combustion shutoff devices; 

12, buildings, cabinets, and facilities used for storage 

of chemicals in closed containers, unless subject to 

any federally applicable requirement as defined 

under LAC 33:III.503 or any requirement under 

LAC 33:III; 

13. use of products for the purpose of maintaining 

motor vehicles operated by the facility, not 

including air conditioning units of such vehicles 

(i.e., antifreeze, fuel additives); 

14. reserved; 

c

15. stacks or vents to prevent escape of sanitary sewer 

gases through plumbing traps; 

.. 

16. emissions from equipment lubricating systems (i.e., 

oil mist) not to include storage tanks unless exempt 

elsewhere in this section; 

17. air conditioning or comfort ventilation systems not 

regulated under title VI of the federal Clean Air 

Act; 

18. residential wood heaters, cookstoves, or fireplaces; 

19. recreational fireplaces; 

20. log wetting areas; 

21. log flumes; 

22. instrument air systems, excluding fuel-fired 

compressors; 

23. paved parking lots; 

24. air vents from air compressors; 

25. periodic use of air for cleanup; 

26. solid waste dumpsters; 
27. emissions of wet lime mud from lime mud mix 

tanks, lime mud washers, lime mud piles, lime mud 

filter and filtrate tanks, and lime mud slurry tanks; 

28. emissions from pneumatic starters on reciprocating 

engines, turbines, or other equipment; 

29. emissions from natural gas odoring activities unless 

the permitting authority determines that a nuisance 

may occur; 

30. emissions from engine crackcase vents; 

31. storage tanks used for the temporary containment of 

materials resulting from an emergency response to 

an unanticipated release of pulping liquor; 

32. emergency use generators, boilers, or other fuel 

burning equipment which is of equal or smaller 

capacity than the primary operating unit, cannot be 

used in conjunction with the primary operating unit, 

and does not emit, have or cause the potential to 

emit of any. regulated air pollutant to increase; 

33. equipment used exclusively to mill or grind 

coatings in roll grinding and rebuild and molding 

compounds where all materials charged are in paste 

form; 

34. mixers, blenders, roll mills, or calendars for rubber 

or plastics for which no materials in powder form 

are added and in which no organic solvents, 

diluents, or thinners are used; 

35. the storage handling and handling equipment for 

bark and wood residues not subject to fugitive 

dispersion offsite; 

36. reserved; 

37. maintenance dredging of pulp and paper mill 

surface impoundments and ditches containing 

cellulosic and cellulosic derived biosolids and 

inorganic materials such as lime, ash, or sand; 

38. liquid and gas sampling systems for routine pulp 

and paper process control instrument calibration 

and regulatory information. For example, pulping 

liquor concentration, black liquor solids, whitewater 

chemistry; 

39. tall oil soap storage, skimming, and loading; and 

40. reserved. 

1. water vapor; 

2. oxygen; 

1283 

3. carbon dioxide; 

4. nitrogen; 

1 State or federal regulations may apply. 

*** 

[See Prior Text in B.6-C.9] 

AUTHORITY NOTE: Promulgated in accordance with R.S. 

30:2011 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 17:478 (May 1991), 

LR 19:1420 (November 1993), LR 20: (November 1994). 

9411#077 

James B. Thompson, III 

Assistant Secretary 

Louisiana Register Vol. 20 No. 11 November20,1994 
present or prospective value to secure or infiuence a vote or 

registration of a voter; 

2. forge, alter, deface, destroy, or remove from proper 

custodial care any application for voter registration; or 

3. ititimidate, directly or indirectly, any prospective voter 

in matters concerning· registration or nonregistration. 

D. Penalties 

1. Any authorized employee who commits an offense as 

provided herein shall be subject to the penalties provided in 

R.S. 18:1461. 

2. Any authorized employee who fails to comply with 

the provisions of law relative to registration at driver's license 

facilit~es shall be subject to the penalties established in R.S. 

18:114(H). 

AUTHORITY NOTE: Promulgated in accordance with R.S. 

18:114, R.S. 18:2(2), R.S.18:62, R.S. 18:101, R.S. 18:102, R.S. 

18:105, R.S. 18:106 and R.S. 18:1461. 

HISTORICAL NOTE: Promulgated by. the Department of 

Elections and Registration, Commissioner of Elections, LR 16:607 

(July 1990), amended LR 20: (December 1994). 

§509. Training 

A. The Department of Elections and the registrar of voters 

shall train designated personnel of the Department of Public 

Safety and Corrections. In-service training will be provided 

to . all employees authorized to accept voter registration 

application forms by these personnel. 

B. The training shall include but shall not be limited to the 

following: 

, 1. review responsibility of an authorized employee to 

offer voter registration; 

2. conduct study of the voter registration application 

with special empha$is on problem areas; 

3. discuss information which may be used to establish 

applicant's age, identity, and residency; 

4. discuss assistance that may be provided to applicant; 

5. review responsibilities of an authorized employee in 

insuring accuracy and legibility· of voter registration 

application and stressing the authorized employee's 

responsibility for informing the applicant that the applicant is 

not registered \mtil the parish registrar notifies the applicant of 

registration; 

6. review transmittal requirements; 

7. review offenses; and 

8. review penalties established in R.S. 18:114(H) for 

noncompliattce with the provisions of law relative to voter 

registration at driver's license facilities and in R.S. 18:1461 

relative to voter registration in general. 

AUTHORITY NOTE: Promulgated in accordance with R.S. 

18:114 and R.S. 18:104-18:106. 

HISTORICAL NOTE: Promulgated by the Department of 

Elections and Registration, Commissioner of Elections, LR 16:608 

(July 1990), amended LR 20: (December 1994). 

§511. Review Process · 

An annual meeting between the oflice of cQmmissioner of 

elections and the Department of Public Safeg and Corrections 

shall be held during the month of February of each year to 

monitor any problem areas where . changes in rules and 

regulations or the revised statutes may be necessary. The 

annual meeting may be discontinued upon mutual agreement 

when it is felt there is no longer a need to continue to hold 

such meetings. 

Louisiana Register Vol. 20 No. 12 December 20. 1994 

AUTHORITY NOTE: Promulgated in accordance with R.S. 

18:114. 

HISTORICAL NOTE: Promulgated by the Department of 

Elections and Registration, Commissioner of Elections, LR 16:608 

(July 1990), amended LR 20: (December 1994). 

§513. Implementation 

In a letter dated October 11, 1989, the United States Justice 

Department has advised the commissioner of elections that any 

rules and regulations adopted relative to the implementation of 

the program of registering voters at driver's license facilities 

will require preclearance by the United States Justice 

Department under the requirements of Section 5 of the Voting 

Rights Act. The provisions of Section 114 of Title 18 relative 

to voter registration at driver's license facilities have been 

amended by Act 10 of the Third Extraordinary Session of the 

1994 Louisiana Legislature. The provisions of the Act 

provide an effective date of January 1, 1995. The final date 

of implementation of the amended rules and regulations shall 

be determined by whichever date, preclearance or January 1, 

1995, is the later. 

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

18:114. 

HISTORICAL NOTE: Promulgated by the Department of 

Elections and Registration, Commissioner of Elections, LR 16:608 

(July 1990), amended LR 20: (December 1994): 

Jerry M. Fowler 

Commissioner 

9412#012 

RULE 

Department of Environmental Quality 

Office of Air Quality and Radiation Protection 

Air QualityDivision 

Permit Procedures (LAC 33:III.501-533) (AQ102) 

Under the authority of the Louisiana Environmental Quality 

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

provisions of the Administrative Procedure Act, R.S. 49:950, 

et seq., the secretary has amended the Air Quality Division 

Regulations, LAC 33:III.Chapter 5 (AQ102). 

The rule revisions win ensure that: 1) no air quality permit 

will be held confidential; 2) DEQ will retain records for five 

years; 3) all required elements will be included in all Part 70 

permits; 4) DEQ does not grant federal enforceability to "state 

only" administrative amendments; 5) compliance measures are 

properly incorporated into permits; 6) acid rain permits are 

submitted by federal deadlines; and 7)no major source will be 

exempted from Part 70 requirements. 

Chapter 5 incorporates air quality perniit procedures. to meet 

the requirements of the mandated federal Operating Permit 

Program under Title V of the Clean Air Act Amendments. 

The Environmental Protection Agency is reviewing the 

Louisiana rule and has determined that these revisions are 

needed prior to granting full approval. 

1374 

( 

( 
Title 33 

ENVIRONMENTAL QUALITY 

Part m. Air 

Chapter 5. Permit Procedures 

§501. Scope and Applicability 

*** 

[See Prior Text in A-8.6.e) 

7. Research and Development Facilities. The permitting 

authority may allow a research and development facility to be 

considered as a separate source with regard to · the 

requirements of this Chapter, provided that the facility has a 

different two-digit Standard Industrial Classification (SIC) 

code from, and is not a support facility of, the source with 

which it is co-located. 

*** 

[See Prior Text in C-C.9] 

AUTHORITY NOTE: Promulgated in accordance with R.S. 

30:2011 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 17:478 (May 1991), 

LR 19:1420 (November 1993), LR 20: (December 1994). 

§S07. Part 70 Operating Permits Program 

*** . [See Prior Text in A-8.1] 

2. No Part 70 source may operate after the time that the 

owner or operator of such source is required to submit a 

permit application under Subsection C of this Section, unless 

an application has been submitted by the submittal deadline 

and such application provides information addressing all 

applicable seetions of the application form and has been 

certified as complete in accoroance with LAC 33:III.517.B.l. 

No Part 70 source may operate after the deadline provided for 

supplying additional information requested by the permitting 

authority under LAC 33:III.519, unless such additional 

information has been submitted within the time specified by 

the permitting authority. Permits issued to the Part 70 source 

under this Section shall include the elements required by 40 

CFR 70.6. The Louisiana Department of Environmental 

Quality hereby adopts and · incorporates by reference the 

provisions of 40 CFR 70.6(a), as in effect on July 21, 1992~ 

Upon issuance of the permit, the Part 70 source shall be 

operated in compliance with all terms and conditions of the 

permit. Noncompliance with any federally applicable term or 

condition of the permit shall constitute a violation of the Clean 

Air Act and shall be grounds for enforcement action; for 

permit termination, revocation and reissuance, or revision; or 

for denial of a permit renewal application. 

*** 

[See Prior Text in C-C.l.a] 

b. Notwithstanding the time periods for application 

submittal established in Subsection C.1 and 1.a ofthis Section, 

permit applications for affected phase IT sources under the 

federal Acid Rain Program shall be submitted in accordance 

with the timeframes specified in LAC 33:III.505.D.2. 

. . ... * * 

[See Prior Text in C.l.c-J.S] 

1375 

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 

Department of Environmental Quality, Office of Air Quality and 

Radiation Protection, Air Quality Division, LR 19:1420 (November 

1993), LR 20: (December 1994). 

§517. Permit Applicatio~ and Submittal of Information 

*** 

[See Prior Text in A-F) 

1. Non-disclosure Must be Requested. All information 

obtained under the Louisiana Environme11tal Quality Act (the 

Act) R.S. 30:2001 et seq. or these regulations; by any order, 

license, or permit term or condition adopted or issued under 

the Act or these regulations; or by any investigation authorized 

thereby shall be available to the public, unless non-disclosure 

is requested and granted in accordance with R.S. 30:2030. 

Claims of confidentiality for any data regarding air emissions 

will be denied. No permit or portion of a permit issued to a 

source in accordance with· LAC 33:III.507 shall be held 

confidential. 

*** 

[See Prior Text in F.2-G] 

AUTHORITY NOTE: Promulgated in accordance with R.S. 

30:2054. 

HISTORICAL NOTE: Promulgated by the Department of 

Environmental Quality, Offiee of Air Quality and Radiation 

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

amended LR 20: (December 1994). 

§521. Administrative Amendments 

*** 

[See Prior Text in A-A.S] 

6. incorporates state-only changes to terms and conditions 

which are not federally enforceable under 40 CFR Part 70 and 

which the permitting authority determines to be similar in 

nature to the changes listed in this Subsection. 

*** 

[See Prior Text in 8-8.3] 

AUTHORITY NOTE: Promulgated in accordance with R.S. 

30:2054. 

HISTORICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Radiation 

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

amended LR 20: (December 1994). 

§527. Significant Modifications 

A. Significant Modification Criteria 

*** 

2. At a minimum, any change which meets the following 

criteria shall require significant modification procedures: 

*** 

c. the change is a .. relaxation of reporting or · 

recordkeeping permit. terms and conditions. 

B. Significant Modification Procedures 

*** 

[See Prior Text in 8.1-8.5] 

AUTHORITY NOTE: Promulgated in accordance with R.S. 

30:2022 and 2054. 

HISTORICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Radiation 

Louisiana Register Vol. 20 No. 12 December:!O, 1994 
Protection, Air Quality Division, LR 19:1420 (November 1993), 

amended LR 20: (December 1994). 

§533. EPA Notice, Review, and Objection 

*** 

[See Prior Text in A-8.4] 

5. The permitting authority shall keep for five years such 

records and submit to EPA such information as the 

administrator may reasonably require to ascertain whether the 

state program complies with the requirements of the Federal 

CAA and 40 CFR Part 70. 

*** 

[See Prior Text in C-E.5] 

AUTHORITY NOTE: Promulgated in accordance with R.S. 

30:2054. 

HISTORICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Radiation 

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

amended LR 20: (December 1994). 

9412#041 

James B. Thompson, III 

Assistant Secretary 

RULE 

. Department of Environmental Quality 

Office of Air Quality and Radiation Protection 

Air Quality Division 

Storage of Volatile Organic Compounds 

(LAC 33:11!.2103) (AQ92) 

Under the authority of the Louisiana Environmental Quality 

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

provisions of the Administrative Procedure Act, R.S. 49:950 

et seq., the secretary has amended the Air Quality Division 

regulations, LAC 33:III.2103 (AQ92). 

The amendment to LAC 33:III.2103 relates to the storage of 

volatile organic liquids utilizing reasonably available control 

technology (RACT). The proposed rule applies to sources in 

Ascension, East Baton Rouge, Iberville, Livingston, Point 

Coupee, and West Baton Rouge Parishes that emit at least 50 

tons per year of volatile organic compounds (VOCs). 

This action is required as a result. of the federal Clean Air 

Act Amendments (CAAA) of 1990, Section 182(c) and by the 

directives of the United States Environmental Protection 

Agency (USEPA). 

Tide33 

ENVIRONMENTAL QUALITY 

Partm. Air 

Chapter 21. Control of Emission of Organic Compounds 

Subchapter A. General 

§2103. Storage of Volatile Organic Compounds 

A. No person shall place, store or hold in any stationary 

tank reservoir ·or other container of more than 250 gallons ' . (950 liters) and up to 40,000 gallons (151,400 liters) nominal 

capacity any volatile organic conipound, having a true vapor 

pressure of 1.5 psia or greater at storage conditions, unless 

Louisiana Register Vol. 20No.12 December 20, 1994 

such tank, reservoir or other container is designed and 

equipped with a submerged fill pipe or a vapot loss control 

system or is a pressure tank capable of maintaining working 

pressures sufficient at all times under normal operating 

conditions to prevent vapor or gas loss to the atmosphere. ( 

B. No person shall place, store or hold in any stationary 

tank, reservoir, or other container of more than 40,000 gallons 

(151,400 liters) nominal capacity any volatile organic 

compound having a true vapor pressure of 1.5 psia or greater 

at storage conditions unless such tank, reservoir, or other 

container is a pressure tank capable of maintaining working 

pressures sufficient at all times under normal operating 

conditions to prevent vapor or gas loss to the atmosphere or 

is designed and equipped with a submerged fill pipe and one 

or more of the vapor loss control devices described herein. 

C. Internal Floating Roof. An internal floating roof 

consists of a pontoon type roof, double deck type roof or 

internal floating cover which will rest or float on the surface 

of the liquid contents and is equipped with a closure seal· to 

close the space between the roof edge and tank wall. All tank 

gauging and sampling devices shall be gas tight except when 

gauging or sampling is taking place. Each opening (except 

rim space vents and automatic bleeder vents) shall be provided 

with a projection below the liquid surface. In addition, each 

opening (except for leg sleeves, bleeder vents, rim space 

vents, column wells, ladder wells, sample wells and stub 

drains) shall be provided with a cover equipped with a gasket. 

Automatic bleeder vents and rim space vents shall be gasketed 

and ladder wells shall be equipped with a sliding cover. This 

control equipment shall not be permitted if the org&.nic 

compounds have a vapor pressure of 11.0 pounds per square (- 

inch absolute or greater under actual storage conditions. If the 

internal floating roof does not meet ·the specifications of this 

rule, for internal floating roofs, then the specifications shall be 

met at either the first Scheduled maintenance turnaround or no 

later than 10 years after the date of promulgation of this rule. 

Any extension beyond the 10 year period, after the 

promulgation date shall be· examined on a case-by-case basis 

and must be approved by the administrative authority*. . 

D. External Floating Roof. An external floating roof 

consists of a pontoon type roof, double deck type roof or 

external floating cover which will rest or float on the surface 

of the liquid contents and is equipped with a closure seal to 

close the space between the roof edge and tank wall and ii 

continuous secondary seal (a rim mounted secondary) 

extending. from the floating roof to the tank wall. 

1. A secondary seal is not required if: 

a. the tank is a welded tank storing a VOC with a 

vapor pressure at storage conditions less than 4.0 psia and is 

also equipped with liquid mounted primary seals, metallic type 

shoe seals, or equivalent. 

b. the storage vessels are . external floating roof tanks 

having nominal storage capacities of 420,000. gallons 

(1,589,900 liters) or less used to store produced crude oil or 

condensate prior to lease custody transfer. 

c. a metallic-type shoe seal is used in a welded tank (' 

which also has a secondary seal from the top of the shoe seal , 

to the tank wall (e.g., a shoe-mounted secondary). 

d. an alternate seal or seals can be used in lieu of the 

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