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Taylor Porter
April 2015
Regulatory Alert
LDEQ REGULATION – AQ351ft
 
Ambient Air Quality Standards – PM10
LAC 33:III.711, Tables 1, 1a and 2
 
FINAL RULE – 4/20/2015
 
The rule amends Section 711, Table 1 (Primary Ambient Air Quality Standards), Section 711, Table 1a (Secondary Ambient Air Quality Standards) and Section 711, Table 2 (Ambient Air – Methods of Contaminant Measurement), revising language governing PM10 to conform to 40 CFR 50. Revisions to Tables 1 and 1a clarify that the maximum permissible concentration of 150µg/m3 for PM10 is to be calculated as the maximum 24-hour concentration not to be exceeded more than once per year averaged over a three-year period. The analytical method adopted in Table 2 is stated as, “reference method based on appendix J to 40 CFR 50 and designated in accordance with 40 CFR 53, or an equivalent method designated in accordance with 40 CFR 53.”
 
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La. Department of Civil Service, Louisiana Board of Ethics
 
Food and Drink Limit and Act 857 of 2014 Legislative Session
LAC 52:I.Chapters 13, 17, and 19
 
PROPOSED RULE – 4/20/2015
 
The proposed rule  amends Section 1703, clarifying that beginning on July 1, 2015, the limit for food, drink or refreshments (with a public servant/employee) as provided in R.S. 42:1115.1(A) and (B) is $60. Additionally, pursuant to Act 857 of the 2014 Legislative Session, the rule proposes to remove the following forms from the Code of Governmental Ethics (Code):
 
  • §1312.    Statements Filed Pursuant to Section 1124.6 of the Code;
  • §1318.    Statements Filed Pursuant to Section 1124 of the Code;
  • §1319.    Statements Filed Pursuant to Section 1124.2 of the Code;
  • §1320.   Statements Filed Pursuant to Section 11242.1 of the Code;
  • §1321.    Statements Filed Pursuant to Section 1124.3 of the Code;
  • §1322.    Statements Filed Pursuant to Section 1124.5 of the Code; and
  • §1906.   Personal Financial Disclosure Form - Appendix A/Personal Financial Disclosure Form for Governors and Gubernatorial Candidates/Filed pursuant to La. R.S. 42:1124.
 
Note: Pursuant to Act 857, such forms will be prepared by the Board of Ethics and submitted to the Senate and House Committees on Governmental Affairs for review and approval.
 
PUBLIC COMMENT
May 10, 2015
4:45 PM
 
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LDEQ REGULATION - AQ352ft
 
2014 Annual Incorporation by Reference of Certain Federal Air Quality Regulations
LAC 33:III.506, 507, 2160, 3003, 5116, 5311 and 5901
 
PROPOSED RULE – 4/20/2015
 
The proposed rule  is LDEQ’s incorporation by reference (IBR) of the following federal air quality standards, procedures and regulations required for the state’s air quality program to remain in compliance with federal regulations (any exception to the IBR is listed in the  rule):
 
1) 40 CFR Part 51, Appendix M (Method 43 – Capture Efficiency Test Procedures);
2) 40 CFR Part 60 (Standards of Performance for New Stationary Sources);
3) 40 CFR Part 61 (National Emission Standards for Hazardous Air Pollutants);
4) 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories);
5) 40 CFR Part 68 (Chemical Accident Prevention and Minimization of Consequences);
6) 40 CFR Part 70.6(a) (Part 70 Operating Permits Program); and
7) 40 CFR Part 96 (SO2 Model Rule).
 
PUBLIC HEARING
May 29, 2015
1:30 PM
 
PUBLIC COMMENT
May 29, 2015
4:30PM
 
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LDEQ REGULATION RP058ft
Requirements for Distribution of Byproduct Material
LAC 33:XV.102, 301, 304, 322, 324, 328, 361, 399, 460, 465, 499, 541, 731 and 1302
 
PROPOSED RULE – 4/20/2015
 
LDEQ states that the proposed amendments to the Radiation Protection regulations are identical to the federal regulations at 10 CFR 20, 30, 31, 32, 34, 35, 40 and 70, which were promulgated by the Nuclear Regulatory Commission as RATS ID 2012-4. Amendments to the following sections are proposed:
 
  • Section 102 – General provisions. Definitions;
  • Section 301 – Licensing of Radioactive Material;
  • Section 304 – Radioactive Material Other than Source material. Exemptions;
  • Section 322 – General Licenses: Radioactive Materials Other than Source Materials;
  • Section 324 – Filing Application for Specific License;
  • Section 328 – Special Requirements for Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices that Contain Byproduct Material;
  • Section361 – Registration of Product Information;
  • Section 399 – Schedule B – Exempt Quantities;
  • Section 465 – Transfer for Disposal and Manifests;
  • Section 499 – Appendix B, Table III List of Elements – Atomic Numbers;
  • Section 541 – Locking of Sources of Radiation;
  • Section 731 – Use of Radiopharmaceuticals. Generators and Reagent Kits for Imaging and Localization Studies; and
  • Section 1392 – Licensing Requirements for Land Disposal of Radioactive Wastes. Definition.
 
PUBLIC HEARING
May 29, 2015
1:30 PM
 
PUBLIC COMMENT
May 29, 2015
4:30PM
 
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LDEQ REGULATION – 1504Pot1 (AQ349S)
 
Substantive Changes to Proposed Rule AQ349 - Deletion of the Significant Monitoring Concentration for PM2.5; Addition of Significant Impact Levels for PM10, SO2, NOx and CO
LAC 33:III.509
                      
 
POTPOURRI – 4/20/2015
 
A public hearing on substantive changes made to AQ349 (published in the October 2014 Louisiana Register) in response to public comments will be held May 29, 2015. LDEQ proposes the following changes:
 
  • (Section 509(k)(2)(a)) Delete the proposed Class I significant impact levels (SILs);
  • (Section 509(l)(5)(a)) Set the PM2.5 significant monitoring concentration (SMC) to 0µg/m3 and note that no preconstruction monitoring exemption is available with regard to PM2.5; and
  • (Section 509(k)(2)(a)) Replace language mirroring 40 CFR 51.166(k)(2) (use of SILs to determine whether a proposed source or modification must conduct refined modeling) with language analogous to 40 CFR 51,165(b)(2) (use of SILs to determine whether a proposed source or modification causes or contributes to a violation of NAAQS or PSD increment).
 
PUBLIC HEARING
May 29, 2015
1:30 PM
 
PUBLIC COMMENT
May 29, 2015
4:30PM
 
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LDEQ REGULATION – 1504Pot2
 
Renewal of Minor Source Air Permits
 
POTPOURRI – 4/20/2015
 
LDEQ announces a schedule for the renewal of existing minor source air permits that will expire on or before December 31, 2015. Renewal applications are requested in accordance with the following schedule:
 
  • October 1, 2015 – permits that were issued or last modified prior to January 1, 1999.
  • October 1, 2016 - permits that were issued or last modified after January 1, 1999, but prior to January 1, 2003.
  • October 1, 2016 - permits that were issued or last modified after January 1, 2003, but prior to January 1, 2006.
 
Applications to renew existing minor source air permits that will expire after January 1, 2006 must be submitted in accordance with LAC 33:III.503.C.3.a. (at least 6 months prior to permit expiration date). The renewal application forms are available from LDEQ at: http://www.deq.louisiana.gov/portal/tabid/2758/Default.aspx.
 
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LDEQ REGULATION - 1504Pot3
 
2010 Sulfur Dioxide National Ambient Air Quality Standards
 
POTPOURRI – 4/20/2015
 
On June 2, 2010, the U.S. EPA raised the primary National Ambient Air Quality Standard (NAAQS) for SO2, establishing a new 1-hour standard at a level of 75 part per billion (ppb). Under the revised standard St. Bernard Parish is designated as nonattainment. In response, LDEQ has revised the State Implementation Plan (SIP) to apply the required Clean Air Act (CAA) standards for the nonattainment area.
 
The potpourri notice requests public comment on the revised SIP, which is available at:
http://www.deq.louisiana.gov/portal/Default.aspx?tabid=2381
 
PUBLIC HEARING
May 21, 2015 at St. Bernard Government Council Chambers
6:00 PM
 
PUBLIC COMMENT
May 22, 2015
4:30PM
 
 
Copyright © 2015 Taylor Porter, All rights reserved.

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