Taylor Porter
January 2015
Regulatory Alert
Ambient Air Quality Standards – PM10
LAC 33:III.711, Tables 1, 1a and 2
PROPOSED RULE – 1/20/2015
The proposed amendments address 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 federal regulations at 40 CFR 50. Tables 1 and 1a are revised to 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 proposed 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.”
1:30 PM
4:30 PM
LDNR Regulation
Office of Conservation - Extension of the Deadline for Drilling and Completion Operational and Safety Requirements for Wells Drilled in Search for or for the Production of Oil or Natural Gas at Water Locations - Statewide Orders No. 29-B and 29-B-a
LAC 43:XIX.Chapters 2 and 11
EMERGENCY RULE – 1/20/2015
This Emergency Rule is a continuation of the September 19, 2014 Emergency Rule, with a new effective date of December 19, 2014, and it will remain effective for 120 days, or until the adoption of the final version, whichever occurs first.
The Emergency Rule expands the rules governing the required use of storm chokes, in order to prevent blowouts or uncontrolled flow in the case of damage to surface equipment and extends the effectiveness of the new drilling and completion requirements for oil and gas wells at water locations for the following items pursuant to Chapter 2 provisions and amendments to Chapter 11 of Statewide Order No. 29-B:
  • rig movement and reporting,
  • information in applications to drill,
  • casings,
  • mandatory diverter systems and blowout preventers,
  • oil and gas well-workover operations,
  • diesel engine safety, and
  • drilling fluid regulations.
Extending Commercial Facilities and Transfer Stations Setbacks under Statewide Order
LAC 43:XIX.507
PROPOSED RULE – 1/20/2015
The proposed rule amends LAC 43:XIX.507 which governs facilities and stations handling off-site storage, treatment and/or disposal of exploration and production waste generated from drilling and production of oil and gas wells.  The current regulations pertaining to commercial facilities and transfer stations require a setback of 500 feet from a residential, commercial, or public building, church, school or hospital. The proposed rule change adds an additional setback area associated with new commercial facilities and transfer stations, mandating a 1,250 feet setback from a school, hospital or public park. Existing facilities and transfer stations will be exempt from the 1,250 foot rule.
The proposed rule contained an editor’s note – “Editor’s Note: This Notice of Intent is being repromulgated due to an error upon submission. The original Notice of Intent can be viewed in the December 20, 2014 edition of the Louisiana Register on pages 2694-2695.”
9:00 AM
4:30 PM
Office of the Governor - Coastal Protection and Restoration Authority
Public Hearings—State Fiscal Year 2016 / Draft Annual Plan
POTPOURRI – 1/20/2015
The following public hearings have been scheduled to receive comments and recommendations from the public and elected officials on the “Fiscal Year 2016 Annual Plan: Integrated Ecosystem Restoration and Hurricane Protection in Coastal Louisiana.”
Feb. 9 5:30 p.m. Open House
6 p.m. Public Meeting
New Orleans Mosquito, Termite
and Rodent Control Board
Training Room
2100 Leon C. Simon Drive
New Orleans, LA 70122
Feb. 10 5:30 p.m. Open House
6  p.m. Public Meeting
Lake Charles Civic Center
Jean Lafitte Room
900 Lakeshore Drive
Lake Charles, LA 70601
Feb. 11 5:30 p.m. Open House
6 p.m. Public Meeting
Houma Terrebonne Civic Center
Room 3
346 Civic Center Boulevard
Houma, LA 70360
4:30 PM
2015 Definition of Solid Waste
40 CFR parts 260 and 261, 80 Fed. Reg. 1694 (1/13/2015)
FINAL RULE – January 13, 2015
The EPA finalized revisions to the definition of solid waste focus on the regulation of hazardous secondary materials recycling. The final rule modifies the EPA’s 2008 Definition of Solid Waste (DSW) rule, and EPA states that the revision are designed to address the mismanagement of hazardous secondary materials intended for recycling. The Louisiana Department of Environmental Quality is authorized to administer and enforce the RCRA program and will be responsible for adopting the DSW rule before it becomes effective and enforceable in Louisiana.
First, the 2015 DSW rule withdraws the “transfer-based exclusion” and replaces it with the “verified recycler exclusion.” The new regulatory language requires all hazardous materials recyclers to either have a RCRA permit that addresses the materials or obtain a variance prior to operating under the exclusion. These requirements allow the administering agency to confirm that the generator, reclaimer or recycler is meeting such requirements as specified safety measures, financial assurance plans, emergency response and preparedness arrangements, public participation, as well as review of community and cumulative environmental impacts.
Secondly, the revisions establish uniform recycling standards for all hazardous secondary materials recycling. The four (4) mandatory factors are:
1) hazardous secondary material must provide a useful contribution to the recycling process or product;
2) recycling process must produce a valuable product or intermediate;
3) hazardous secondary material must be managed as a valuable commodity; and
4) recycled product must be comparable to a legitimate product or intermediate.
Lastly, the amended regulations encourage certain types of in-process recycling and remanufacturing, such as scrap metal recycling, commodity-grade recycled products, generator recycling and remanufacturing of certain high valve hazardous spent solvents into commercial grade products.
More information about this federal rulemaking can be found at:
Copyright © 2015 Taylor Porter, All rights reserved.


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