Part IV. Student Financial Assistance―Higher Education Scholarship and Grant Programs

A. Words and terms not otherwise defined in this Chapter shall have the meanings ascribed to such words and terms in this Section. Where the masculine is used in these rules, it includes the feminine, and vice versa; where the singular is used, it includes the plural, and vice versa.

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Tuition—

a. through the fall semester or term and winter quarter of the 2010-2011 award year, the fee charged each student by a post-secondary institution to cover the student's share of the cost of instruction, including all other mandatory enrollment fees charged to all students except for the technology fee authorized by Act 1450 of the 1997 Regular Session of the Legislature:

i. which were in effect as of January 1, 1998;

ii. any changes in the cost of instruction authorized by the legislature and implemented by the institution after that date; and

iii. for programs with alternative scheduling formats that are approved in writing by the Board of Regents after that date. Any payment for enrollment in one of these programs shall count towards the student's maximum eligibility for his award:

(a). up to the equivalent of eight full-time semesters of postsecondary education in full-time semesters for the TOPS Opportunity, Performance and Honors Award; or

(b). up to the equivalent of two years of postsecondary education in full-time semesters and summer sessions for the TOPS Tech Award.

b. beginning with the spring semester, quarter or term of the 2010-2011 award year and through the spring semester, quarter, or term of the 2012-2013 award year;

i. the tuition and mandatory fees authorized in Subparagraph a above; or

ii. the tuition fee amount published by the postsecondary institution, whichever is greater.

c. Beginning with the fall semester, quarter, or term of the 2013-2014 award year, the tuition amount as of August 1, 2013, published by the postsecondary institution for the 2013-2014 award year for paying students;

d. beginning with the fall semester, quarter, or term of the 2014-2015 award year, the tuition amount as of August 1, 2013, published by the postsecondary institution for the 2013-2014 award year for paying students, plus any increase authorized by the legislature which is not attributable to any fees. No fees or increases attributable to fees of any kind shall be included in the TOPS award amount. Stipends for TOPS Performance and Honors awards shall not be included in the TOPS award amount.

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AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1.

2009), LR 36:311 (February 2010), LR 36:490 (March 2010), LR 36:2854 (December 2010), LR 37:1561 (June 2011), LR 37:1562 (June 2011), LR 38:1953 (August 2012), LR 38:3156 (December 2012), LR 39:308 (February 2013), LR 40:

A.1. - B.3. …

4. annually, all institutions are required to provide LASFAC a current fee schedule. The schedule must include an itemized description of the composition of the mandatory fees listed on the fee schedule, including the tuition amount, as those fees will appear on a student’s fee bill;

5. - 10.c. …

11.a. Beginning with the spring semester of 2014, for a public college or university to be permitted to bill for a TOPS award amount under the provisions of Section 1903.B.6 of these rules, the college or university must include on the student fee bill line items entitled:

i. “Tuition Only” that equals the TOPS award amount listed on the fee bill;

ii. “TOPS Award Amount” as defined in Section 301; and

iii. “TOPS Stipends” for TOPS Honors and Performance Award stipends. These amounts shall not be included in the “Tuition Only” or “TOPS Award Amount” line items.

b. There shall be no reference to a tuition amount on a student's fee bill other than as provided herein.

C. - G.2. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3036, R.S. 17:3042.1, 17:3041.10-3041.15, 17:3041.21-3041.26 and R.S. 17:3048.1 and R.S. 17:3050.1–3050.4.

HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission, Office of Student Financial Assistance, LR 22:338 (May 1996), repromulgated LR 24:645 (April 1998), amended LR 24:1914 (October 1998), LR 25:1459 (August 1999), LR 26:1998 and 2002 (September 2000), repromulgated LR 27:1864 (November 2001), amended LR 28:448 (March 2002), LR 28:775 (April 2002), LR 28:1760 (August 2002), LR 28:2333 (November 2002), LR 30:784 (April 2004), LR 30:1166 (June 2004), LR 31:40 (January 2005), LR 31:3111, 3114 (December 2005), LR 33:1340 (July 2007), LR 35:1233 (July 2009), LR 35:1490 (August 2009), LR 35:1491 (August 2009), LR 36:2857 (December 2010), LR 40:

The proposed rule has no known impact on family formation, stability, or autonomy, as described in LSA-R.S. 49:972.

The proposed rulemaking will have no impact on poverty as described in LSA-R.S. 49:973. (SG14150NI)

The proposed rule will have no adverse impact on small businesses as described in LSA-R.S. 49:965.2 et seq.

Interested persons may submit written comments on the proposed changes (SG14150NI) until 4:30 p.m., November 11, 2013, to Sujuan Williams Boutté, Ed. D., Interim Executive Director, Office of Student Financial Assistance, P.O. Box 91202, Baton Rouge, LA 70821-9202.

General Counsel

Under current rules the Louisiana Office of Student Financial Assistance (LOSFA) sets the annual Taylor Opportunity Program for Students (TOPS) award amounts equal to the greater of an amount calculated by LOSFA or the institution’s published tuition amount. For the 2013-2014 Academic Year, the institutions published tuition amounts are all greater than amounts calculated by LOSFA and will be greater in future years unless institutions decrease tuition amounts. It is highly unlikely that institutions will decrease tuition amounts in the future. The proposed rule eliminates LOSFA’s process for calculation of TOPS Award amounts and bases all award amounts on published tuition amounts. The proposed change also requires public post-secondary institutions to post on a student’s fee bill the “Tuition Only” amount charged the student, the “TOPS Award Amount” (which must equal the “Tuition Only” amount) and “TOPS Stipends”. The school will incur a cost to modify the student fee bill, but the cost should be within the school’s cost of doing business since they modify each fee bill to provide information relative to the term billed.

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

Revenue collections of state and local governments will not be affected by the proposed changes.

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

The proposed change will aid students and parents in understanding college costs by clearly showing that the TOPS Award Amount equals the “Tuition Only” costs of the school, thus complying with the requirements of R.S. 17:3048.1.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

Competition and employment will not be affected by the proposed change.

Regulatory Permit for Stationary Internal

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.311 (AQ342).

This Rule revision will expand the existing Regulatory Permit for Emergency Engines (LAC3:III.311) to address non-emergency stationary internal combustion engines. R.S. 30:2054(B)(9)(a) allows LDEQ to develop regulatory permits for certain sources of air emissions provided the conditions in R.S.30:2054(B)(9)(b) are satisfied. Pursuant to R.S.30:2054(B)(9)(b)(viii), all regulatory permits shall be promulgated in accordance with the procedures provided in R.S.30:2019-Promulgation of rules and regulations (i.e., the Administrative Procedure Act, R.S.49:950 et.seq.). The basis and rationale for this Rule are to expand the existing Regulatory Permit for Emergency Engines (LAC 33:III.311) to address non-emergency stationary internal combustion engines. 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 3. Regulatory Permits

§311. Regulatory Permit for Stationary Internal Combustion Engines

A. Applicability

1. This regulatory permit authorizes the installation and use of stationary internal combustion engines, including, but not limited to, electrical power generators, firewater pumps, and air compressors, subject to the requirements established herein, upon notification by the administrative authority that the application (i.e., notification form) submitted in accordance with Subsection L of this Section has been determined to be complete. This regulatory permit also authorizes the associated fuel storage tank provided the capacity of the tank is less than 10,000 gallons.

2. This regulatory permit may be used to authorize the use of both permanent and temporary engines.

3. This regulatory permit does not apply to:

a. …

4. This regulatory permit shall not be used to authorize use of an engine that combusts noncommercial fuels, including used crankcase oil or any other used oil, facility byproducts, or any other type of waste material.

5. This regulatory permit shall not be used to authorize use of an engine that, when considering potential emissions from the engine and potential emissions from the remainder of the stationary source, would result in the creation of a major source of criteria pollutants, hazardous air pollutants, or toxic air pollutants.

B. …

C. Opacity

1. Limitations

a. Smoke. The emission of smoke shall be controlled so that the shade or appearance of the emission is not darker than 20 percent average opacity, except that the emissions may have an average opacity in excess of 20 percent for not more than one 6-minute period in any 60 consecutive minutes. This Subparagraph shall not apply to engines described in LAC 33:III.1107.B.1 and 2.

b. - c. …

2. Monitoring and Recordkeeping for Emergency Engines

a. - d. …

3. Monitoring and Recordkeeping for Nonemergency Engines

a. The permittee shall inspect each engine’s stack for visible emissions no less than once each calendar week.

b. If visible emissions are detected using Method 22 of 40 CFR 60, Appendix A, the permittee shall conduct a 6-minute opacity reading in accordance with Method 9 of 40 CFR 60, Appendix A, within three calendar days.

c. If the shade or appearance of the emission is darker than 20 percent average opacity (per Method 9), the permittee shall take corrective action to return the engine to its proper operating condition, and the 6-minute opacity reading shall be repeated in accordance with Method 9. The permittee shall notify the Office of Environmental Compliance no later than 30 calendar days after any Method 9 reading in excess of 20 percent average opacity or, for Part 70 sources, as defined in LAC 33:III.502.A, in accordance with Part 70 General Condition R of LAC 33:III.535.A. This notification shall include the date the visual check was performed, results of the Method 9 testing, and a record of the corrective action employed.

d. Records of visible emissions checks shall be kept on-site and available for inspection by the Office of Environmental Compliance. These records shall include:

i. the engine’s ID number;

ii. the engine’s serial number;

iii. the date the visual check was performed;

iv. a record of emissions, if visible emissions were detected;

v. the results of any Method 9 testing conducted; and

vi. a record of any corrective action employed.

D. - D.2. …

E. Operating Time of Emergency Engines

1. - 3. …

F. Emission Standards

1. New Source Performance Standards

a. Each stationary compression ignition (CI) internal combustion engine (ICE) described in 40 CFR 60.4200(a) shall comply with the applicable provisions of 40 CFR 60, Subpart IIII–Standards of Performance for Stationary Compression Ignition Internal Combustion Engines, unless the engine is exempted as described in 40 CFR 60.4200(d) or meets the conditions set forth in 40 CFR 60.4200(e).

b. Each stationary spark ignition (SI) ICE described in 40 CFR 60.4230(a) shall comply with the applicable provisions of 40 CFR 60, Subpart JJJJ–Standards of Performance for Stationary Spark Ignition Internal Combustion Engines, unless the engine is exempted as described in 40 CFR 60.4230(e) or meets the conditions set forth in 40 CFR 60.4230(f).

2. National Emissions Standards for Hazardous Air Pollutants. Each stationary reciprocating ICE described in 40 CFR 63.6590 shall comply with the applicable provisions of 40 CFR 63, Subpart ZZZZ–National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines, unless the engine is exempted as described in 40 CFR 63.6585(e) or identified in 40 CFR 63.6585(f).

3. Engines that are affected point sources as defined in LAC 33:III.2201.B shall comply with the applicable provisions of LAC 33:III.Chapter 22 – Control of Emissions of Nitrogen Oxides (NOX), including:

a. the appropriate NOX emission factor set forth in Table D-1A or Table D-1B of LAC 33:III.2201.D;

b. the initial and continuous demonstrations of compliance required by LAC 33:III.2201.G and H; and

c. the notification, recordkeeping, and reporting requirements of LAC 33:III.2201.I.

G. Performance Testing and Monitoring. The following performance testing and monitoring requirements shall apply to nonemergency engines with a manufacturer’s horsepower rating of 500 or above and represented to operate more than 720 hours in any 6-month period on the application submitted in accordance with Subsection L of this Section.

1. No later than 180 days after the engine commences operation, the permittee shall conduct a performance test to determine NOX and CO emissions using Methods 7E (Determination of Nitrogen Oxides Emissions from Stationary Sources) and 10 (Determination of Carbon Monoxide Emissions from Stationary Sources) of 40 CFR 60, Appendix A. Each test run shall be conducted within 80 percent of the engine’s maximum rated capacity or within 10 percent of the maximum achievable load. Alternate stack test methods may be used only with the prior approval of the Office of Environmental Services.

a. The permittee shall notify the Office of Environmental Services at least 30 days prior to the performance test in order to provide the department with the opportunity to conduct a pretest meeting and/or observe the test.

b. The permittee shall submit the performance test results to the Office of Environmental Services no later than 60 days after completion of the test.

2. The permittee shall monitor NOX, CO, and oxygen (O2) concentrations in the engine’s stack gas semiannually (6 months after the performance test or previous semiannual test, plus or minus 30 days) using a portable analyzer calibrated before each test using a known reference sample. NOX, CO, and O2 concentrations may be monitored annually (12 months after the performance test or previous annual test, plus or minus 30 days) if the engine is equipped with catalytic controls.

3. Where monitoring of NOX or CO is required by 40 CFR 60, Subpart IIII; 40 CFR 60, Subpart JJJJ; 40 CFR 63, Subpart ZZZZ; or LAC 33:III.2201, the performance testing and monitoring requirements of this Subsection shall not apply for that pollutant.

H. Temporary Engines

1. Records of each temporary engine brought on-site shall be maintained and made available for inspection by the Office of Environmental Compliance. These records shall include:

a. the date the unit was delivered;

b. the make and model;

c. the manufacturer’s rated horsepower;

d. the fuel type; and

e. the date the unit was removed from the site.

2. The authorization for the use of any engine identified as being temporary shall remain effective for 12 months following the date on which the administrative authority determines that the application submitted in accordance with Subsection L of this Section is complete. If the permittee determines that an engine originally identified as temporary will remain on-site longer than 12 months, a new application (i.e., notification form) shall be submitted in accordance with Subsection L of this Section prior to expiration of the authorization to operate under this regulatory permit as provided in this Paragraph.

I. Permanent Engines. Permanent engines authorized by this regulatory permit shall be included in the next renewal or modification of the facility’s existing permit.

J. Gasoline storage tanks associated with an engine and with a nominal capacity of more than 250 gallons shall be equipped with a submerged fill pipe.

K. Emissions Inventory. Each facility subject to LAC 33:III.919 shall include emissions from all engines, including temporary units, authorized by this regulatory permit in its annual emissions inventory.

L. Notification Requirements. Written notification describing the planned activity shall be submitted to the Office of Environmental Services using the appropriate form provided by the department. A separate notification shall be submitted for each engine.

M. In accordance with LAC 33:III.Chapter 2, the fee for this regulatory permit is $713. In accordance with LAC 33:III.209 and 211, the annual maintenance fee associated with this regulatory permit shall be $143. Applicable surcharges as described in LAC 33:III.211.A shall also be assessed.

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 35:459 (March 2009), amended LR 37:3221 (November 2011), amended by the Office of the Secretary, Legal Division, LR 40:

Family Impact Statement

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

This Rule has no known impact on poverty as described in R.S. 49:973.

All interested persons are invited to submit written comments on the proposed regulation. Persons commenting should reference this proposed regulation by AQ342. Such comments must be received no later than December 2, 2013, at 4:30 p.m., and should be sent to Deidra Johnson, Attorney Supervisor, Office of the Secretary, Legal Division, Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 219-4068 or by e-mail to deidra.johnson@la.gov.

A public hearing will be held on November 25, 2013, 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 Deidra Johnson 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.

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 AQ342.

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

The proposed rule change will have no impact on state or local government expenditures. The proposed rule change will expand the current regulation (Regulatory Permit for Emergency Engines) to cover stationary internal combustion engines (ICEs), which will include emergency ICEs and nonemergency ICEs. The expanded regulatory permit will simplify the permit application process for owners or operators needing to install and operate nonemergency ICEs at a facility or location that requires an air permit.

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

There is no estimated effect on revenue collections of state or local governmental units as a result of the proposed rule change. R.S. 30:2054(B)(9)(b)(vii) requires an applicant seeking a regulatory permit to submit “any fee authorized by this Subtitle and applicable regulations to the secretary… in lieu of submission of a permit application.” This fee is equivalent to, and in place of, that which would have been required had a permit or permit modification been applied for pursuant to LAC 33:III.501.

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

There will be no costs to directly affected persons or non-governmental groups as a result of the proposed rule change. R.S. 30:2054(B)(9)(b)(vii) requires an applicant seeking a regulatory permit to “submit a written notification … in lieu of submission of a permit application.” However, this notification form will be specifically tailored to the source addressed by the regulatory permit (i.e., nonemergency stationary internal combustion engines) and used in place of the traditional, more generic permit application documents.

Use of a notification form specifically tailored to nonemergency stationary internal combustion engines should facilitate the department’s review of such documents. Thus, a

final decision on proposed projects should be reached more expeditiously, possibly resulting in economic benefits to applicants.

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 this proposed rule change.

Solid Waste Financial Document Update

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 Solid Waste regulations, LAC 33:VII.1399, Appendices C, D, I and J (SW055).

This Rule revises and updates the financial documents that cover financial assurance for liability, closure and post-closure at solid waste facilities in Louisiana. The requirements for financial assurance for liability, closure and post-closure at solid waste facilities were changed in a previous rulemaking. Certain appendices containing financial documents used to implement the financial assurance requirements need to be updated to match the previous changes. The basis and rationale of this rule are to allow the dapartment to implement revised requirements for financial assurance for liability, closure and post-closure at solid waste facilities. The revised requirements will help ensure that funds are available for closure of solid waste facilites and for post-closure groundwater monitoring at those facilities. 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