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Taylor Porter
April 2014
Regulatory Alert
LDEQ Regulation - AQ342
 
Regulatory Permit for Stationary Internal Combustion Engines
LAC 33:III.311
 
FINAL RULE – 4/20/2014
 
The final rule expands the regulatory permit in Section 311 to cover nonemergency stationary internal combustion engines in addition to currently covered emergency engines. The regulatory permit will continue to exclude any engines that combust noncommercial fuels and/or engines that would qualify as a major source of criteria pollutants, hazardous air pollutants or toxic air pollutants. In addition, the revisions add specific performance testing, monitoring and recordkeeping requirements for the nonemergency engines covered.
 
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LDEQ Regulation - WQ081
 
Revisions to Clean Water State Revolving Loan Fund
LAC 33:IX.2101-2125
 
FINAL RULE – 4/20/2014
 
The final rule changes the title of Louisiana’s Municipal Facilities Revolving Loan Fund to the Clean Water State Revolving Fund (CWSRF) and expands the definition of “eligible recipient” to include “a political subdivision, public trust, state agency or commission or private entity as allowed by federal act and/or regulation.”  Allowable costs and the priority system under the revised program are redefined with new regulatory language. As amended, LDEQ will perform a basic priority rating evaluation, utilizing the new regulatory requirements to determine where (or if) a proposed project will be placed on the CWSRF priority list. The amended regulations establish a “State Environmental Review Process,” for conducting environmental reviews of construction projects that are funded by federal funds in Louisiana’s CWSRF, and adopt the National Environmental Policy Act (NEPA) review procedures set forth in 40 CFR Part 6 – Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effect Abroad of EPA Actions.
 
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LDEQ Regulation – RP056ft
 
Miscellaneous Corrections to Maintain Equivalency with Federal Regulations
LAC 33:XV.102, 304, 322, 328, 410, 417, 431, 499, 573 and 763 
 
PROPOSED RULE – 4/20/2014
 
The proposed rule amends the state’s Radiation Protection regulations in response to changes to the federal program at 10 CFR 20, 30, 32 and 35. In order to remain consistent with federal requirements, extensive amendments are proposed to:
 
  • Section 102 – Definition of Radiation Area;
  • Section 304 – Radioactive Material Other Than Source Material (Exempt Concentrations, Quantities and Items);
  • Section 322 – General Licenses: Radioactive Material Other Than Source Material;
  • Section 328 – Special Requirements for Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices that Contain Byproduct Material;
  • Section 410 – Occupational Dose Limits for Adults;
  • Section 417 – Dose to an Embryo/Fetus;
  • Section 431 – Conditions Requiring Individual Monitoring of External and Internal Occupational Dose;
  • Section 499 – Appendix A: Assigned Protection Factors for Respirators and Appendix B: Annual Limits on Intake (ALI) and Derived Air Concentrations (DAC) of Radionuclides for Occupational Exposure; Effluent Concentrations for Release to Sanitary Sewerage;
  • Section 573 – Conducting Industrial Radiographic Operations;
  • Section 713 – Use of Radionuclides in the Healing Arts – Suppliers; and
  • Section 763 – Training.
 
PUBLIC HEARING
May 29, 2014
1:30 PM
 
PUBLIC COMMENT
May 29, 2014
4:30 PM
 
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LDEQ Regulation – HW114ft
 
Conditional Exclusions for Solvent Contaminated Wipes
LAC 33:105 and 109
 
PROPOSED RULE – 4/20/2014
 
In order to stay consistent with the exclusions provided in the federal regulations, LDEQ proposes to amend Sections 105 and 109 of the state’s hazardous waste regulations. The revisions exclude specified solvent-contaminated wipes that are sent for cleaning and reuse from the definition of solid waste and establish that solvent-contaminated wipes that are sent for disposal, except for those that are hazardous waste due to the presence of trichloroethylene, are not hazardous waste from the point of generation provided certain conditions are met.
 
PUBLIC HEARING
May 29, 2014
1:30 PM
 
PUBLIC COMMENT
May 29, 2014
4:30 PM
 
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LDEQ Regulation – AQ343ft
 
2013 Annual Incorporated by Reference Certain Federal Air Quality Regulations
LAC 33:III.506, 507, 2160, 3003, 5116, 5311, and 5901
 
PROPOSED RULE – 4/20/2014
 
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, 2014
1:30 PM
 
PUBLIC COMMENT
May 29, 2014
4:30 PM
 
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LDEQ Regulation – 1404Pot1
 
State Implementation Plan (SIP) for Regional Haze Program
 
POTPOURRI NOTICE – 4/20/2014
 
As required by the federal Clean Air Act, Part C, Section 169 (40 CFR 51.308), LDEQ will be submitting a revised state SIP for the Regional Haze Program. The revisions address requirements for the non-electrical generating unit facilities that are subject to the Best Available Retrofit Technology (BART) standards, which were previously only partially approved by the EPA.
 
This Potpourri Notice gives the public an opportunity to review the proposed SIP revisions and provide comment. The revisions can be viewed at: www/deq.louisiana.gov/portal/Default.aspx?tabid=2381. 
 
PUBLIC HEARING
May 29, 2014
1:30 PM
 
PUBLIC COMMENT
May 29, 2014
4:30 PM
 
 
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