UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION6 

1445 ROSS AVENUE, SUITE 1200 

DALLAS TX 75202-2733 

.fEB 0 2 2016 

Ms. Tegan Treadaway, Assistant Secretary 

Office of Environmental Services 

Louisiana Department of Envirorunental Quality 

P.O. Box 4313 

Baton Rouge, LA 70821-4 313 

Re: Return of Submitted Rules That Implement Section 112(g), and Titles IV and V of the 

Clean Air Act (CAA) 

.:1-e-:t4 -- Dear vif y, 

We are evaluating the Chapter 5 State Implementation Plan (SIP) rule submissions for the minor 

NSR permitting program. Specifically, on November 15, 1993, November 10, 1994, 

June 27,2003, May 5, 2006, November 9, 2007, and November 3, 2014, Louisiana submitted 

proposed revisions to the Louisiana SIP. These revisions were adopted under Louisiana 

Administrative Code (LAC) 33:III Chapter 5- Permit Procedures to implement Section 112(g), 

titles IV and V of the CAA. We are returning some revisions, in addition to those returned on 

August 4, 2015, that we believe should not be acted upon for inclusion in the SIP. 

We are returning the title IV acid rain rule submittals because the Region does not have the 

authority to act upon those submittals. The EPA is also returning the CAA 112(g) rules and the 

title V operating permit rules. We cannot act upon either the Section 11 2(g) rules or the title V 

rules as part of a SIP revision under title I as they are not necessary to implement the 

requirements the CAA title I. The enclosure lists the individual SIP revisions we identified as 

unnecessary for implementing the requirements of Section 112(g) and titles IV and V of the 

CAA. 

If you believe the proposed Section 112(g) revisions or the title V revisions are necessary to 

fulfi ll CAA title I NSR SIP requirements, please provide us with your rationale no later than 30 

days following the date of this letter. Such rationale must include a demonstration of how the 

rules are needed to ensure new and modified sources do not violate the control strategy and do 

not interfere with attairunent and maintenance of the national ambient air quality standards. See 

40 CFR 51.160(a). Also, if you desire that we take some other action with either the CAA ll2(g) 

rules or the title V rules such as consideration of the title V submittals as program updates, please 

provide us with your request. 

Internet Address (URL) • http://www.epa.gov/region6 

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer. Process Chlorine Free Recycled Paper 
We appreciate the opportunity to work with you and if you have any questions, please call Ms. 

Stephanie Kordzi ofmy staff at (214) 665-7520. 

Enclosure 

Sincerely yours, 

~ Wren Stenger 

Director 

Multimedia Planning and Permitting Division 
Title of 

Submittal 

Air Permit 

Procedure 

Revisions 

Date 

Adopted 

by State 

11/15/1993 

Enclosure 

Date Rules Being Returned to the State. 

Submitted 

to EPA 

11/15/1993 Portion ofLAC 33:III.50l.A.l.c.- "or to other 

regulations promulgated under section 112 of the 

federal Clean .Air A ct. " 

LAC 33:JII. 501.B.4 .. a.ii. (resending citation (501.8.4.ii) 

because it was incorrectly listed in 8/4/2015 letter) 

LAC 33:111.501.C.3.- Title V (11/15/93) 

3. Notwithstanding Subsection C. 2 of this Section, prior to 

issuance or revision of a permit, the permitting authority 

may issue authorization to construct to an owner or 

operator in appropriate circumstances where there is a 

positive human health or environmental benefit, provided 

such an authorization is not precluded by any federally 

applicable requirement or by 40 CFR Part 70. 

Portion of LAC:III.502.A. for "Emissions Unit" definition 

"or any hazardous air pollutant listed under section 

112(b)" and "This term is not meant to alter or affect the 

definition of the term "unit" for the purposes of title IV of 

the Clean Air Act" 

Portion ofLAC 33:11l.502.A.f. for "Regulated Air 

Pollutant" definition 

f any pollutant regulated pursuant to section 112 

(Hazardous Air Pollutants) of the Clean Air Act. 

Portion ofLAC 33:Ill.513A.2. 

The owner or operator of a Part 70 source as defined in 

LAC 33://1.502 shall publish a notice of the application in 

a newspaper of general circulation in the local area 

where the source is or would be located 

LAC 33:111.517.A.2. 

2. For Part 70 sources, permit applications for an initial 

permit issued in accordance with LAC 33:111507 shall be 

submitted by the date established for submittal in 

accordance with LAC 33:1II.507.C. A copy of each permit 

application pertaining to a major Part 70 source shall he 

provided to EPA by the owner or operator at the time the 

application is submitted to the permittinf{ authority. 

LAC 33:111.517.B.2.a., 2.b., 2.c., 2.d., and a portion of 

5 I 7.8.3. " ... , including Part 70 applications ". 

LAC 33:111.517.E., E. I., E.2., E.3., E.4., E.5., E.6., E.7., 

E.8. 

LAC 33:111.519.C.2, 519.C.3. 
Title of Date Date Rules Being Returned to the State. 

Submittal Adopted Submitted 

by State to EPA 

LAC 33:111. 52l.A.4. and A.5. 

Correction: LAC 33 :111.523.A. I.c. (resend ing citation 

( 523 .A.c) because it was incorrectly I isted in the 8/4/2015 

letter) 

"c. increases in permitted emissions of Louisiana toxic air 

pollutants or of federal hazardous air pollutants would 

not constitute a modification under LAC 33://1 Chapter 

51 or under Section 112(K) of the Clean Air Act." 

Air Permit l l/20/ 1994 11/10/1994 Sentence in LAC 33:lll.50 !.B.S. (subsumed 5/5/06) 

Procedure "For the purpose of permitting requirements under LAC 

Revisions 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." 

Air Permit 5/20/2002 6/27/2003 Sentence in LAC 33:111.50l.B.5. (subsumed 5/5/06) 

Procedure "For the purpose of permitting requirements under LAC 

Revisions 33:I//.507, no exemption listed in the following table shall 

' become effective until approved by the administrator in 

accordance with 40 CFR Part 70. " 

Air Permit 5/20/2005 5/5/2006 Sentence in LAC 33:III.50l.B.S. 

Procedure 10/20/2005 "For the purpose of permitting requirements under LAC 

Revisions 33:Il/.507, no exemption listed in the following table shall 

become effective until approved by the administrator in 

accordance with 40 CFR Part 70. " 

LAC 33 :111.507.H.4. and 507.H.S.d. 

Air Permit 6/20/2007 11/9/2007 Sentence in LAC 33:III.513.A.2. 

Procedure "The owner or operator of a Part 70 source as defined in 

and ERC LAC 33:111.502 shall publish a notice of the application in 

Banking a new~paper of general circulation in the local area 

Revisions where the source is or would be located. " 

Air Permit 8/20/2007 8/14/2009 LAC 33:IJI.505.B. and 505.C. 

Procedure 

and ERC LAC 33:III.507.C.3., 507.H.4., 507.H.5.d. Banking 

Revisions 
Title of Date Date Rules Being Returned to the State. 

Submittal Adopted Submitted 

by State to EPA 

2011-2013 11 /20/2012 11 /3/2014 LAC 33:111.501.8.- Insignificant Activities List D.b. and 

Permit Rule D.c. 

SIP b. The emissions unit emits and has the potentia/ to emit 

Revision less than the minimum emission rate listed in LAC 

33:/ll.5112. Table 5l.l,for each Louisiana toxic air 

pollutant. 

c. The emissions unit emits and has the potential to emit 

less than the de minimis rate established pursuant to 

Section 112(g) of the federal Clean Air Act for each 

hazardous air pollutant. 

Correction: LAC 33:111.50 l.B.4.a.ii.. Resending citation 

(50 l.B.4.ii) because it was incorrectly listed in the 8/4/1 5 

letter. 

"ii. the source emits and has the potential to emit less 

than the minimum emission rate listed in Table 51. 1, LAC 

33:JJI.Chapter 5l,jor each Louisiana toxic air 

pollutant; " 

LAC 33:III.502.A.- Definition for Nonroad Engine