On September 20, 2018, the LDEQ proposed the AQ380 "Project Emissions Accounting and Offset Requirements in Specified Parishes" rule to amend LAC 33:III.504 - Nonattainment New Source Review (NNSR) Procedures and Offset Requirements in Specified Parishes. In order to make the LDEQ's NNSR procedures consistent with the EPA's March 2018 "Project Emissions Accounting Under the New Source Review Preconstruction Permitting Program" memorandum, this rule proposes to remove phrases from LAC 33:III.504 that explicitly preclude emissions decreases associated with a proposed project from being considered in determining whether the project results in a significant emissions increase. To learn more about the EPA March 2018 memorandum, click here.

Addtionally, the rule proposes to remove the reference to "a period of five years after the effective date of the rescission of the NOx waiver" from Footnote 4 of Table 1 in LAC 33:III.504. The EPA rescinded Baton Rouge's Section 182(f) nitrogen oxides (NOx) exemption (i.e., the NOx waiver) on May 5, 2003 (68 FR 23597). Therefore, a newly proposed project could not fall within the aforementioned date range.

Lastly, the rule proposes to remove Livingston Parish from the list of parishes in which offsets for certain new stationary sources and modifications are required under LAC 33:III.504.M. Currently, Livingston Parish has only four Part 70 sources. Specifically regarding NOx and volatile organic compounds (VOCs) (i.e., ground-level ozone precursors), none of the four Part 70 sources are major sources of NOx, and only one of the Part 70 sources is a major source of VOCs. Further, Livingston Parish facilities comprised only 0.7% and 2.5% of the total 2017 actual NOx and VOC emissions, respectively, reported by facilities located in the five parishes in which offsets may presently be required (i.e., Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge Parishes). For the reasons stated above, the LDEQ is proposing to remove Livingston Parish.

If you have any questions regarding this proposed LDEQ rule, please contact Christine Haman in the Baton Rouge office.