Louisiana > Department of Environmental Quality/Office of the Secretary Quality > LA 12635 2011

CITATION: LAC 33:III.501 and 502 (AQ317)

AGENCY: Department of Environmental Quality/Office of the Secretary

VERSION: Proposed Rule

VERSION DATE: 02/20/2011

NOTICE OF INTENT

Department of Environmental Quality

Office of the Secretary

Non-Road Engines

(LAC 33:III.501 and 502)(AQ317)

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaking procedures have been initiated to amend the Air regulations, LAC 33:III.501.B.1.e and 502.A. (AQ317).

In order to eliminate the overlap between LAC 33:III.501.B.1.c and LAC 33:III.501.B.5, Item B.4 and to correct an apparent discrepancy in Item B.4:

1. a general exemption for "nonroad engines" will be created under LAC 33:III.501.B.1;

2. references to "exhaust emissions" from self-propelled mobile sources will be removed from Item B.4; and

3. references to "transportable emissions units" will be removed from Item B.4.

LAC 33:III.501.B.5 establishes the insignificant activities list in the air quality regulations. Activities under "B" need not be included in a permit application. Item B.4 of this list addresses self-propelled mobile sources and "transportable" emissions units as follows:

"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 nonroad mobile sources unless 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, unless regulated by Title II of the Clean Air Act. This exemption does not cover loading racks or fueling operations covered by LAC 33:III.Chapter 21."

With respect to exhaust emissions from self-propelled mobile sources, Item B.4 duplicates LAC 33:III.501.B.1.c, which states that the requirement to obtain a permit in accordance with LAC 33:III.Chapter 5 does not apply to mobile sources such as automobiles, trucks, and aircraft.

Item B.4 also exempts "transportable" emissions units such as temporary compressors or boilers if they are regulated by Title II of the Clean Air Act. Title II addresses "nonroad engines" in Section 213 (42 U.S.C. 7547); however, it does not address boilers. Consequently, portable boilers should not be classified as insignificant activities. The basis and rationale for this rule are to eliminate the overlap between LAC 33:III.501.B.1.c and LAC 33:III.501.B.5, Item B.4 and to correct an apparent discrepancy in Item B.4. This Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmental/health benefits and social/economic costs is required.

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 5. Permit Procedures

§ 501. Scope and Applicability

A. - B.1.b. ...

c. mobile sources such as automobiles, trucks, and aircraft;

d. any upset, as defined in LAC 33:III.507.J.1; however, the permitting authority shall be advised of such occurrences without delay, in accordance with all applicable upset or emergency provisions of Louisiana Air Quality regulations and of LAC 33:I.Chapter 39; or

e. a nonroad engine, as defined in LAC 33:III.502.A.

2. - 5. ...

Table 1. - Insignificant Activities List
* * * [See Prior Text in A. - B.3.]
4. 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 nonroad mobile sources. . This exemption does not cover loading racks or fueling operations covered by LAC 33:III.Chapter 21;
* * * [See Prior Text in B.5 - D.]

B.6. - C.13. ...

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 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 Office of Environmental Assessment, LR 31:1063 (May 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2436 (October 2005), LR 32:1842 (October 2006), LR 33:2082 (October 2007), LR 33:2626 (December 2007), LR 35:461 (March 2009), LR 35:2351 (November 2009), LR 37:

§ 502. Definitions

A. Except where specifically provided in another Section herein, the following definitions apply to terms used in this Chapter. Except as provided in this Chapter, terms used in this Chapter retain the definition provided them in LAC 33:III.111 or the Louisiana Air Quality regulations. Wherever provisions related to the Acid Rain Program are concerned, the definitions provided in 40 CFR Part 72 shall apply.

* * *

Nonroad Engine -

a. Except as discussed in Subparagraph b of this definition, a nonroad engine is any internal combustion engine:

i. used in or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes, and bulldozers);

ii. used in or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or

iii. that, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indications of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.

b. An internal combustion engine is not a nonroad engine if:

i. the engine is used to propel a motor vehicle, an aircraft, or equipment used solely for competition;

ii. the engine is regulated by a federal New Source Performance Standard promulgated under section 111 of the Act (42 U.S.C. 7411); or

iii. the engine otherwise included in Clause a.iii of this definition remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location for approximately three months (or more) each year. [Note: Clause b.iii of this definition does not apply to an engine after it is removed from the location.]

* * *

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2445 (November 2000), LR 28:1950 (September 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 37:

Family Impact Statement

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

Public Hearing

A public hearing will be held on March 29, 2011, at 1:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. Interested persons are invited to attend and submit oral comments on the proposed amendments. Should individuals with a disability need an accommodation in order to participate, contact Donald Trahan at the address given below or at (225) 219-3985. Two hours of free parking are allowed in the Galvez Garage with a validated parking ticket.

Public Comments

All interested persons are invited to submit written comments on the proposed regulation. Persons commenting should reference this proposed regulation by AQ317. Such comments must be received no later than April 5, 2011, at 4:30 p.m., and should be sent to Donald Trahan, Attorney Supervisor, Office of the Secretary, Legal Affairs Division, Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 219-4068 or by e-mail to donald.trahan@la.gov. Copies of these proposed regulations can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for each copy of AQ317. These proposed regulations are available on the Internet at www.deq.louisiana.gov/portal/tabid/1669/default.aspx.

These proposed regulations are available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 111 New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123.

Herman Robinson, CPM

Executive Counsel

FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE: Non-Road Engines

I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

There will be no implementation costs or savings to state or local governmental units as a result of the proposed rule. The proposed rule creates a general exemption for " non-road engines, " which are currently addressed in the Insignificant Activities (IA) list. It also removes " exhaust emissions " from mobile sources from the IA list, as a general exemption for such emissions already exists. Finally, " transportable emissions units " will be deleted from the IA list. As noted above, non-road engines, a type of transportable emissions unit, will be addressed by a general exemption. Other transportable emissions units should not be considered " insignificant " under the existing provision because they are not regulated by Title II of the Clean Air Act.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units as a result of the proposed rule.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs and/or economic benefits to directly affected persons or non-governmental groups as a result of the proposed rule.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition or employment in the public or private sector as a result of the proposed rule.

Herman Robinson, CPM
Executive Counsel

Evan Brasseaux
Staff Director

1102#068

DOCNUM:1102-068