Copy
.
Taylor Porter
July 2015
Regulatory Alert
LDHH REGULATION
 
Minimum Disinfectant Residual Levels in Public Water Systems
LAC 51:XII.311, 355, 357, 361, 363, 367, 903, 1102, 1105, 1113, 1117, 1119, 1125, 1133, 1135, 1139 and 1503
 
EMERGENCY RULE – 7/20/2015
 
The LDHH State Health Officer has renewed this emergency rule, effective July 1, 2015, in order to increase the minimum disinfection residual levels that are required for public water systems. Specifically, the rule states that disinfection equipment shall be operated to maintain disinfectant residuals in each finished water storage tank and at all points throughout the distribution system at all times in accordance with the following minimum levels: 1) a free chlorine residual of 0.5 mg/l; or 2) a chloramine residual (measured as total chlorine) of 0.5 mg/l for those systems that feed ammonia.
 
LDHH states that the rule is based upon scientific data and recommendations from the federal Centers for Disease Control and Prevention (CDC) relative to the control of the naegleria fowleri (brain-eating amoeba) parasite which has, thus far, been found in four public water systems within Louisiana.
 
The emergency rule also addresses a number of related items, including:
  • increases the number of residual measurements taken monthly by 25 percent;
  • clarifies that daily residual measurements are required at the point of maximum residence time in the distribution system; and
  • requires records of chlorine residual measurements taken in the distribution system to be recorded and retained by the public water system as required by the national primary drinking water regulations.
 
_____________________________________________
 
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
 
FINAL RULE – 7/20/2015
 
The 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 removes 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.
 
_________________________________________
 
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
 
FINAL RULE – 7/20/2015
 
The 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).
 
______________________________________________
 
 
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
 
FINAL RULE – 7/20/2015
 
LDEQ states that the 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. The rule amends the following sections:
 
  • 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.
 
 
_____________________________________________
 
 
LDEQ REGULATION - WQ093ft
 
Chapter 49 Incorporation by Reference Update
LAC 33:IX.4901 and 4903
 
PROPOSED RULE – 7/20/2015
 
The proposed rule is LDEQ’s incorporation by reference (IBR) of the following updated federal water quality regulations required for the state’s water quality program to remain in compliance with federal regulations:
 
  • 40 CFR Part 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants, July 1, 2014; and
  • 40 CFR Chapter 1, Subchapter N, Effluent Guidelines and Standards, Parts 401 and 405-471, July 1, 2014.
 
 
PUBLIC HEARING
August 26, 2015
1:30 PM
 
PUBLIC COMMENT
August 26, 2015
4:30 PM
 
 
_____________________________________________
 
 
LDEQ REGULATION - RP059ft
 
Decommissioning Planning
LAC 33:XV.325, 331, 332 and 430 
 
PROPOSED RULE – 7/20/2015
 
LDEQ states that the proposed amendments are identical to the federal regulations at 10 CFR 20, 30, 40 and 70, which were promulgated by the Nuclear Regulatory Commission as RATS ID 2011-1. The proposed regulations make the following clarifications and additions to Louisiana’s radiation protection regulations:
 
  • Requires each decommissioning fund plan, containing detailed cost estimates,  to be submitted for review and approval;
  • Requires decommissioning fund plans to be resubmitted at the time of license renewal and at intervals not to exceed three (3) years with adjustments, as necessary, to account for changes in costs and the extent of contamination;
  • Mandates that an application for transfer of license include the identity, technical and financial qualifications of the proposed transferee and required financial assurance for decommissioning;
  • Adopts new standards for expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas;
  • Provides guidelines for the use of alternative criteria for license termination; and
  • Clarifies recordkeeping requirements for surveys conducted for the purpose of describing the location and amount of subsurface residual activity.
 
 
PUBLIC HEARING
August 26, 2015
1:30 PM
 
PUBLIC COMMENT
August 26, 2015
4:30 PM
 
_____________________________________________
 
LDEQ REGULATION WQ091
 
Dissolved Oxygen Criteria Revisions for Eastern Lower Mississippi River Alluvial Plains Ecoregion
LAC 33:IX.1123, Table 3
 
PROPOSED RULE – 6/20/2015
 
NOTE: COMMENT PERIOD EXTENSION
LDEQ has granted a request for a 30 day extension of the comment period for proposed rule WQ091. The comment period has been extended from August 5, 2015, to September 4, 2015. All comments must be received no later than September 4, 2015, at 4:30 p.m.  The public hearing will remain scheduled for July 29, 2015, at 1:30 p.m. as published in the June 2015 Louisiana Register.
 
 
The proposed rule will revise dissolved oxygen (DO) criteria in water quality subsegments in the eastern Lower Mississippi River Alluvial Plains (LMRAP), as well as revise subsegment boundaries and descriptions within the eastern LMRAP, Southern Plains Terrace and Flatwoods and Coastal Deltaic Marshes ecoregions. More specifically, based on the findings of LDEQ’s ecoregion driven Use Attainability Analysis (UAA), the DO criteria for inland streams are being revised to 2.3 mg/L for the months of March through November; however, for the months of December through February the DO criteria for inland streams will remain as 5.0 mg/L. In addition, boundaries for forty two (42) subsegments within the LMRAP are being refined and twenty one (21) new subsegments are delineated.
 
The support documents for these revisions are available for review at LDEQ’s website:
http://www.deq.louisiana.gov/portal/DIVISIONS/WaterPermits/WaterQualityStandardsAssessment.aspx.
  • Use Attainment Analysis of Inland Rivers and Streams in the Eastern Lower Mississippi River Alluvial Plains Ecoregion for Review of Dissolved Oxygen Water Quality Criteria
  • Louisiana Water Quality Standards Ecoregions: For Use in Ecologically-Driven Water Quality Standards
 
PUBLIC HEARING
July 29, 2015
1:30 PM
 
PUBLIC COMMENT
September 4, 2015
4:30 PM
 
 
 
Copyright © 2015 Taylor Porter, All rights reserved.

PRIVACY POLICY

Peer Reviewed