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Taylor Porter
October 2015
Regulatory Alert
LDEQ REGULATION – 1510Pot1
 
Request for Delegation – Federal Plan / 40 CFR 60 Subpart MMMM
 
POTPOURRI NOTICE – October 20, 2015
 
The potpourri notice announces LDEQ Office of Environmental Services, Air Permits Division, Manufacturing Section’s plan to request delegation of the federal plan at 40 CFR 60 Subpart MMMM to meet Clean Air Act Section 111(2)/129 as it relates to Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units.
 
PUBLIC HEARING
November 24, 2015
1:30 PM
 
PUBLIC COMMENT
November 24, 2015
4:30 PM

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LDEQ REGULATION - AQ354
 
Emission Offsets
LAC 33:III.504
 
FINAL RULE – October 20, 2015
 
LDEQ’s nonattainment new source review (NSR) procedures require an owner/operator to offset any increase in emissions of a nonattainment pollutant(s) resulting from new construction or a major modification. The final rule allows for increases of one ozone precursor (NOX or VOC) to be offset with decreases of the other ozone precursor at a ratio dictated by the selected photochemical modeling, subject to LDEQ and EPA approval. The approved ratio must be no less stringent than as specified in LAC 33:III.504, Table 1 (currently 1.10 to 1 for marginal ozone nonattainment areas). This is a change from the previous regulations which required the reductions claimed as offset credit to be decreases of the same regulated pollutant or pollutant class for which the offset is required.
 
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LDEQ REGULATION - RP059ft
 
Decommissiong Planning
LAC 33:XV.325, 331, 332, 430, and 1755
 
FINAL RULE – October 20, 2015
 
LDEQ states that the adopted 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 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. 
 
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LDEQ REGULATION - WQ093ft
 
Incorporation by Reference–Test Procedures for the Analysis of Pollutants and Effluent Guidelines and Standards
LAC 33:IX.4901 & 4903
 
FINAL RULE – October 20, 2015
 
The final 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.
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LDNR REGULATION
 
Class III (Solution-Mining) Injection Wells
LAC 43:XVIII.Chapter 33
 
PROPOSED RULE – October 20, 2015
 
LDNR Office of Conservation proposes to amend LAC 43:XVII.Chapter 33 in order to implement Acts 209 and 585 of the 2014 legislative session. The proposed rules amend regulatory provision throughout Chapter 33, with a majority of the amendment being clarifications, citation adjustments and clerical corrections. The amendments include but are not limited to:
 
  • Section 3301 – Definitions / a new definition for “Qualified Professional Appraiser” is added;
  • Section 3303.G – General Provisions / requirements for certain submittals to  include Louisiana Office of Conservation serial numbers, be signed and sealed by a licensed professional geoscientist (P.G.) or be signed and sealed by a licensed professional engineer (P.E.);
  • Section 3309.B.1 – Legal Permit Conditions / in the context of closure and post-closure financial responsibility “related facilities” is defined;
  • Section 3309.B.3 – Legal Permit Conditions / the requirements for assistance to residents have been moved to this section and expanded to set forth the responsibilities of an operator to assist residents of areas deemed to be at immediate potential risk in the event of a sinkhole developing or other incident that leads to issuance of a mandatory or forced evacuation;
  • Section 3309.F.3 – Legal Permit Conditions / the Office of Conservation has the authority to immediately prohibit further operations if it determines that continued operations of a solution-mining well, cavern and related facility may cause unsafe operating conditions or endanger the public or environment;
  • Section 3309.I.9 – Legal Permit Conditions / solution-mining operations that are not in an inactive status as of the date written notification of permanent closure is submitted will be immediately placed in an inactive status;
  • Section 3311.C.1 – Permitting Process / when an application is deemed administratively complete the applicant is required to submit an electronic version of the application with a certification statement;
  • Section 3311.D.1.c – Permitting Process / in Iberia parish, no permit to drill or operate a new solution-mined cavern or to return an inactive cavern to service will be issued without a public hearing;
  • Section 3315.B.3.d – Cavern and Surface Facility Design / solution-mining caverns in existence as of the effective date of these regulations with less than 300 feet but more than 100 feet of salt separate at any point between the cavern walls and the periphery of the salt stock must submit an enhanced monitoring plan;
  • Section 3317.F – Well Construction and Completion / without exception or variance to these rules all inactive solution-mining wells will be completed with at least one hanging string;
  • Section 3327.C.6 – Well and Cavern Mechanical Integrity Pressure and Leak Tests / any mechanical integrity test (MIT) performed on a solution-mining cavern shall include a separate pressure test on the casing of at least 60 minutes; and
  • Section 3331.A.7 – Inactive Caverns and Caverns in which Mining Activities are to be Concluded / no inactive solution-mining cavern may be returned to service without first submitting a written request and work permit application to the Office of Conservation and obtaining approval of the Commissioner.
 
PUBLIC COMMENT
November 9, 2015
4:00 PM
 
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LDNR REGULATION
 
Hydrocarbon Storage Wells in Salt Dome Cavities
LAC 43:XVIII.Chapter 3
 
PROPOSED RULE – October 20, 2015
  
LDNR Office of Conservation proposes to amend LAC 43:XVII.Chapter 3 in order to implement Acts 209 and 585 of the 2014 session. The proposed rules amend regulatory provision throughout Chapter 3, including but not limited to:
  
  • Section 301 – Definitions / a new definition for “Qualified Professional Appraiser” is added;
  • Section 303.G – General Provisions / requirements for certain submittals to  include Louisiana Office of Conservation serial numbers, be signed and sealed by a licensed professional geoscientist (P.G.) or be signed and sealed by a licensed professional engineer (P.E.);
  • Section 309.B.1 – Legal Permit Conditions / in the context of closure and post-closure financial responsibility “related facilities” is defined;
  • Section 309.B.3 – Legal Permit Conditions / the requirements for assistance to residents have been moved to this section and expanded to set forth the responsibilities of an operator to assist residents of areas deemed to be at immediate potential risk in the event of a sinkhole developing or other incident that leads to issuance of a mandatory or forced evacuation;
  • Section 309.F.3 – Legal Permit Conditions / the Office of Conservation has the authority to immediately prohibit further operations if it determines that continued operations of a solution-mining well, cavern and related facility may cause unsafe operating conditions or endanger the public or environment;
  • Section 309.I.9 – Legal Permit Conditions / solution-mining operations that are not in an inactive status as of the date written notification of permanent closure is submitted will be immediately placed in an inactive status;
  • Section 311.C.1 – Permitting Process / when an application is deemed administratively complete the applicant is required to submit an electronic version of the application with a certification statement;
  • Section 311.D.1.c – Permitting Process / in Iberia parish, no permit to drill or operate a new solution-mined cavern or to return an inactive cavern to service will be issued without a public hearing;
  • Section 315.B.3.d – Cavern and Surface Facility Design / solution-mining caverns in existence as of the effective date of these regulations with less than 300 feet but more than 100 feet of salt separate at any point between the cavern walls and the periphery of the salt stock must submit an enhanced monitoring plan;
  • Section 317.F – Well Construction and Completion / without exception or variance to these rules all inactive solution-mining wells will be completed with at least one hanging string;
  • Section 327.C.6 – Well and Cavern Mechanical Integrity Pressure and Leak Tests / Any mechanical integrity test (MIT) performed on a solution-mining cavern shall include a separate pressure test on the casing of at least 60 minutes; and
  • Section 331.A.7 – Inactive Caverns and Caverns in which Mining Activities are to be Concluded / no inactive solution-mining cavern may be returned to service without first submitting a written request and work permit application to the Office of Conservation and obtaining approval of the Commissioner.
 
 
PUBLIC COMMENT
November 9, 2015
4:00 PM
  
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