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Taylor Porter
December 2014
Regulatory Alert
LDEQ REGULATION – WQ090
 
Exception to Environmental Assessment Requirements to Define Minor Modifications as They Relate to Reissued Permits
LAC 33:IX.2905
 
PROPOSED RULE – 12/20/2014
 
The proposed rule amends the Louisiana water quality regulations, clarifying permit changes considered minor for the purposes of La. R.S. 30:2018.E(4) (Environmental Assessments) when the changes are associated with permit renewal applications. The following actions will be considered minor modifications for the purposes of La. R.S. 30:2018.E(4) under the proposed language:
 
  • Changes to existing outfall descriptions;
  • Changes to production or flow rate increases achieved through better efficiency or increased demand without the construction or addition of new unit(s) or outfall(s);
  • The addition of outfalls previously permitted under another LPDES permit;
  • The addition of waste load allocations assigned by total maximum daily loads or Clean Water Act 303(d) impairment; and
  • Any other changes determined to be minor by the administrative authority.
 
PUBLIC HEARING
1/27/2015
1:30 PM
 
PUBLIC COMMENT
2/03/2015
4:30 PM
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LDEQ REGULATION - AQ350ft
 
Incorporation by Reference of Table Title/Subpart Heading for "Existing Sewage Sludge Incineration Units, 40 CFR Part 60 Subpart MMMM"
LAC 33:III.3003.B.9 (Table)
 
FINAL RULE – 12/20/2014
 
The final rule amends Louisiana’s air quality regulations in response to changes to the federal program at 40 CFR 60, Subpart MMMM. In order to remain consistent with federal requirements, an incorporation of federal regulations has been made to:
 
  • LAC 33:III.3003.B.9. (Table) “Subpart MMMM, Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units that Commenced Construction On or Before October 14, 2010 (76 FR 15429, March 21, 2011).”
 
 
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LDNR REGULATION
 
Office of Coastal Management - Coastal Mitigation Account Contributions
LAC 43:I.724
 
FINAL RULE – 12/20/2014
 
The rule provides clarification on how the Coastal Mitigation Account contribution amounts are derived. The Coastal Mitigation Account contribution amounts will be based on a formula. The amended language states that the product of this formula, for the average cost per acre for marsh habitat, “is the sum of the cost of mobilization, demobilization, construction of containment features, dredging fill, and all other project costs associated with the construction of an appropriate representative sample of similar projects selected from any of the state’s coastal protection and restoration programs.” Furthermore, the regulation allows LDNR to apply a market correction factor to prevent any excess charge, or deficiency that may be caused by anomalous market conditions.
 
The formula for determining the cost per acre fees for forested wetlands is the average of the costs of available mitigation bank credits, nominalized by their mitigation potential, in the coastal zone of Louisiana.
 
The fees will be reviewed and updated periodically by LDNR and revisions will be posted to the LDNR website and published in the Potpourri Section of the Louisiana Register along with a list of the sample projects used for the formula, or the names of the banks surveyed, reasons and supporting documentation for any decision to utilize a market correction factor, and the factor to be used.
 
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LDNR REGULATION
 
Office of Conservation – Exploration and Production Waste for Hydraulic Fracture Stimulation
Statewide Order No. 29-B
LAC 43:XIX.311 and 313
 
FINAL RULE – 12/20/2014
 
The rule removes the Haynesville Shale restriction and allows the use of exploration and production waste (E&P waste) on any fracture stimulation operation being performed in the state. [Note: The previous rule had limited the use of E&P waste as a substitute for the fluids required to perform fracture stimulation operations at the Haynesville Shale only.]
 
 
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