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Taylor Porter
June 2015
Regulatory Alert
LDEQ REGULATION – AQ353
 
Emission Reduction Credits (ERC) Banking Program
LAC 33:III.603
 
PROPOSED RULE – 6/20/2015
 
In anticipation of revisions to the National Ambient Air Quality Standards (NAAQS) for ozone, the proposed rule amends Louisiana’s emission reduction credits banking program. The amendment will allow owners/operators of stationary sources located in a currently designated attainment area, but which will not be in compliance with a new or revised NAAQS, to be eligible for bank credible reductions in emissions of noncompliant pollutant(s) realized on or after the date the new or revised NAAQS is promulgated. LDEQ states the proposed rule is being promulgated to encourage reductions in NOX and VOC emissions that will be needed to comply with the future revisions to ozone NAAQS.
 
PUBLIC HEARING
July 29, 2015
1:30 PM
 
PUBLIC COMMENT
August 5, 2015
4:30 PM
_____________________________________________
 
LDEQ REGULATION - WQ091
 
Dissolved Oxygen Criteria Revisions for Eastern Lower Mississippi River Alluvial Plains Ecoregion
LAC 33:IX.1123, Table 3
 
PROPOSED RULE – 6/20/2015
 
The proposed rule will revise dissolved oxygen (DO) criteria in water quality subsegments in the eastern Lower Mississippi River Alluvial Plains (LMRAP), as well as revise subsegment boundaries and descriptions within the eastern LMRAP, Southern Plains Terrace and Flatwoods and Coastal Deltaic Marshes ecoregions. More specifically, based on the findings of LDEQ’s ecoregion driven Use Attainability Analysis (UAA), the DO criteria for inland streams are being revised to 2.3 mg/L for the months of March through November; however, for the months of December through February the DO criteria for inland streams will remain as 5.0 mg/L. In addition, boundaries for forty two (42) subsegments within the LMRAP are being refined and twenty one (21) new subsegments are delineated.
 
The support documents for these revisions are available for review at LDEQ’s website:
http://www.deq.louisiana.gov/portal/DIVISIONS/WaterPermits/WaterQualityStandardsAssessment.aspx.
  • Use Attainment Analysis of Inland Rivers and Streams in the Eastern Lower Mississippi River Alluvial Plains Ecoregion for Review of Dissolved Oxygen Water Quality Criteria
  • Louisiana Water Quality Standards Ecoregions: For Use in Ecologically-Driven Water Quality Standards
 
PUBLIC HEARING
July 29, 2015
1:30 PM
 
PUBLIC COMMENT
August 5, 2015
4:30 PM
 
 _________________________________________
 
LDEQ REGULATION - AQ354
 
Emission Offsets 
LAC 33:III.504
 
PROPOSED RULE – 6/20/2015
 
LDEQ’s nonattainment new source review (NSR) procedures require an owner/operator to offset any increase in emissions of a nonattainment pollutant(s) resulting from new construction or a major modification. The proposed rule will allow for increases of one ozone precursor (NOX or VOC) to be offset with decreases of the other ozone precursor at a ratio dictated by the selected photochemical modeling, subject to LDEQ and EPA approval. The approved ratio must be no less stringent than as specified in LAC 33:III.504, Table 1 (currently 1.10 to 1 for marginal ozone nonattainment areas). This is a change from current regulations which require the reductions claimed as offset credit to be decreases of the same regulated pollutant or pollutant class for which the offset is required.
 
 
PUBLIC HEARING
July 29, 2015
1:30 PM
 
PUBLIC COMMENT
August 5, 2015
4:30 PM
 
______________________________________________
 
 
LDEQ REGULATION - 1506Pot1
 
Updates to the Louisiana Water Quality Management Plan Volume 4: Basin Subsegment Boundaries
 
POTPOURRI – 6/20/2015
 
The potpourri notice announces proposed revisions to the Louisiana Water Quality Management Plan Volume 4: Basin Subsegment Boundaries and requests review and comment from interested parties. LDEQ conducted an ecoregion driven Use Attainability Analysis (UAA), which resulted in:
  • the identification of twenty one (21) new subsegments; and
  • subsegment boundary and description revisions within the eastern Lower Mississippi River Alluvial Plains, Southern Plains Terrace and Flatwoods and Coastal Deltaic Marshes ecoregions.
 
The draft documents are available for review at LDEQ’s website:
http://www.deq.louisiana.gov/portal/DIVISIONS/WaterPermits/WaterQualityStandardsAssessment.aspx.
 
 
PUBLIC COMMENT
August 5, 2015
4:30 PM
 
_____________________________________________
 
LDEQ REGULATION - 1506Pot2
 
Baton Rouge Nonattainment Area Redesignation Request and 2008 8-hour Ozone National Ambient Air Quality Standard Maintenance Plan
                      
 
POTPOURRI – 6/20/2015
 
The potpourri notice announces that LDEQ will submit a Redesignation Request and 2008 8-hour Ozone National Ambient Air Quality Standard  (NAAQS) Maintenance Plan for the 2008 8-hour ozone NAAQS. The documents will address the Baton Rouge Nonattainment Area, which includes:
  • Ascension Parish,
  • East Baton Rouge Parish,
  • Iberville Parish,
  • Livingston Parish and
  • West Baton Rouge Parish.
 
The public is invited to review and comment on the proposed redesignation request and maintenance plan, which are available at:
 http://www.deq.louisiana.gov/portal/Default.aspx?tabid=2381
 
 
PUBLIC HEARING
July 29, 2015
1:30 PM
 
PUBLIC COMMENT
July 31, 2015
4:30 PM
 
_____________________________________________­­­­­­­­­­­­­­­­­­­­­
 
EPA REGULATION
 
National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Industrial Activities (Multi-Sector General Permit)
 
FINAL RULE – 6/4/2015
 
EPA’s issuance of the final NPDES General Permit for Stormwater Discharges from Industrial Activities (Multi-Sector General Permit) can be viewed in the Federal Register at:
http://www.gpo.gov/fdsys/pkg/FR-2015-06-16/html/2015-14792.htm.
 
The revisions to the Multi-Sector General Permit include, but are not limited to:
  • inclusion of additional non-hardness dependent metals benchmarks for facilities that discharge into saline waters;
  • industry sector-specific requirement amendments for Sector A - Timber Products, Sector G -Metal Mining, Sector H – Coal Mining, Sector J – Mineral Mining and Dressing and Sector S – Air Transportation;
  • requirements for permittee to provide either a URL for their SWPPP or selected information on the Notice of Intent (NOI) form in order to promote public access;
  • clarification of effluent limitations including minimizing exposure, good housekeeping, maintenance, spill prevention and response procedures and employee training; and
  • mandatory utilization of EPA’s electronic reporting system (EPA NPDES Electronic Reporting Tool – NeT).
 
The changes made to the federal permit will influence future amendments to Louisiana’s Multi-Sector General Permit.
 
Access to the federal permit is available at:
http://water.epa.gov/polwaste/npdes/stormwater/EPA-Multi-Sector-General-Permit-MSGP.cfm.
 
 
 
Copyright © 2015 Taylor Porter, All rights reserved.

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