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Taylor Porter
September 2014
Regulatory Alert
LDEQ REGULATION – WQ089ft
 
Chapter 49 Incorporation by Reference Update
LAC 33:IX.4901 and 4903 
 
FINAL RULE – 9/20/2014
 
The final rule is LDEQ’s incorporation by reference (IBR) of the following federal water quality standards, guidelines and regulations required for the state’s water quality program to remain in compliance with federal regulations:
 
1) 40 CFR Part 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants, July 1, 2013; and
 
2) 40 CFR Chapter 1, Subchapter N, Effluent Guidelines and Standards, Parts 401 and 405-471, July 1, 2012.
 
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LDEQ REGULATION – HW115
 
Conrad Industries Delisting
LAC 33:V.105 and 4999. Appendix E
 
FINAL RULE – 9/20/2014
 
Based on its evaluation using the Delisting Risk Assessment Software (DRAS) and finding of no anticipated adverse impact on human health or the environment, LDEQ grants the petition by Conrad Industries for a one-time delisting from the hazardous waste regulations for approximately 4,000 tons of aggregate generated and used as fill (“Rim Tide” barge slip located in Amelia, Louisiana) in 1986.
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LDEQ REGULATION – AQ344ft
 
Ambient Air Quality Standards
LAC 33:III.711 and 918      
 
FINAL RULE – 9/20/2014
 
The final rule is LDEQ’s adoption of revised federal air quality standards, guidelines and regulations required for the state’s air quality program to remain in compliance with federal regulations. The revisions include:
 
1) LAC 33:III.Chapter 7, Ambient Air Quality, Section 711.A. Table 1, Primary Ambient Air Quality Standards;
 
2) LAC 33:III.Chapter 7, Ambient Air Quality, Section 711.B. Table 1a, Secondary Ambient Air Quality Standards;
 
3) LAC 33:III.Chapter 7, Ambient Air Quality, Section 711.C. Table 2, Ambient Air – Methods of Contaminant Measurement; and
 
4) LAC 33:III.Chapter 9, General Regulations on Control of Emissions and Emission Standards, Section 918.B. Table 6, Sulfur Dioxide (SO2) Nonattainment Areas and Adjoining Parishes.
 
The adoption maintains equivalency with the most current federal revisions to the National Ambient Air Quality Standards (NAAQS) (ozone, particulate matter (2.5), nitrogen oxide, lead and sulfur dioxide) and nonattainment designated area(s) (sulfur dioxide) as found in 40 CFR 50.5, 50.11, 50.15, 50.16, 50.17, 50.18 and 78.
 
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LDEQ REGULATION – AQ266
 
Minor Source Permit Requirements
LAC 33:III.503 and 519
 
PROPOSED RULE – 9/20/2014
 
The proposed rule sets forth maximum term lengths and renewal procedures for minor source air permits, which the current regulations do not specifically address. The new language establishes an effective term of ten (10) years from the effective date of a permit, unless a shorter period is designated in the permit. In addition, it is stated that any revision or reopening of a permit (excluding administrative amendments or portable facility relocation) will establish the start of a new permit term. Lastly, a permit will expire unless a permit renewal application is submitted at least six (6) months prior to the permit’s expiration date.
 
PUBLIC HEARING
10/29/2014
1:30 PM
 
PUBLIC COMMENT
11/05/2014
4:30 PM
 
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LDEQ REGULATION – AQ350ft
 
Incorporation by Reference - "Existing Sewage Sludge Incineration Units, 40 CFR Part 60 Subpart MMMM"
LAC 33:III.3003.B.9 (Table)
 
PROPOSED RULE – 9/20/2014
 
The proposed rule would amend 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 is being proposed 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).”
 
 
PUBLIC HEARING
10/29/2014
1:30 PM
 
PUBLIC COMMENT
10/29/2014
4:30 PM
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LDEQ REGULATION – 1409Pot1
 
2012 Fine Particulate Matter 2.5 (PM2.5) National Ambient Air Quality Standards (NAAQS) State Implementation Plan Revisions
 
POTPOURRI – 9/20/2014
 
The potpourri notice announces LDEQ will be submitting a revised State implementation Plan (SIP) to EPA in response to the federal regulatory amendments adopted on December 14, 2012, addressing air quality standards for fine particles (PM 2.5). The primary annual standard was revised from 15 micrograms per cubic meter (ug/m3) to 12ug/m3 and the 24-hour fine particle standard was retained at 35ug/m3.
 
The draft revisions can be viewed at:
http://www.deq.louisiana.gov/portal/Default.aspx?tabid=2381
 
 
PUBLIC HEARING
Upon Request Only
 
PUBLIC COMMENT
10/20/2014
4:30 PM
 
 
 
 
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LDNR REGULATION
 
Office of Coastal Management - Coastal Mitigation
LAC 43:I.72
 
PROPOSED RULE – 9/20/2014
 
The proposed 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 proposed regulatory 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 would allow LDNR to apply a market correction factor to prevent any excess charge, or deficiency that may be caused by anomalous market conditions.
 
The proposed 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.
 
PUBLIC HEARING
(If requested by 10/10/2014 at 4:30 PM)
10/27/2014
8:00 AM
 
PUBLIC COMMENT
10/10/2014
4:30 PM
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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
 
PROPOSED RULE – 9/20/2014
 
The existing rule limits the use of exploration and production waste (E & P waste) as a substitute for the fluids required to perform fracture stimulation operations at the Haynesville Shale only. This amendment will remove the Haynesville Shale restriction and allow the use of E &P waste on any fracture stimulation operation being performed in the state.
 
PUBLIC HEARING
10/27/2014
1:00 PM
 
PUBLIC COMMENT
11/03/2014
4:30 PM
 
 
 

 
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