Taylor Porter
November 2015
Regulatory Alert
Risk Evaluation Corrective Action Program (RECAP) Revisions
POTPOURRI NOTICE – November 20, 2015
In this potpourri notice LDEQ announces that it has initiated rulemaking procedures in order to revise the current RECAP provisions. The Department anticipates that the Notice of Intent to revise the RECAP document will be published in 2016.
The proposed DRAFT revisions to the RECAP document can be viewed here

Amendments and Repromulgation of the Waste Tire Regulations
LAC 33:VII.10501, 10503, 10505, 10507, 10509, 10511, 10513, 10514, 10515, 10516, 10517, 10518, 10519, 10521, 10523, 10524, 10525, 10527, 10529, 10531, 10532, 10533, 10534, 10535, 10536, 10537, 10539, 10541, 10543, 11101 and 11103
PROPOSED RULE – November 20, 2015
The proposed rule is being promulgated in order to implement statutory changes adopted by Act 427 of the 2015 Legislative Session. The Act calls for expedited approval of certain end-market uses and prohibits the waste tire standards and requirements from including disposal as an end-market use of eligible waste tire material.
The proposals make amendments throughout the entire waste tire program, with new definitions, additional information requirements, permitting process changes and updates to the standards and requirements for persons/facilities that generate, collect, store, transport and process waste tires and/or utilizes waste tire materials in an end-market use project. Furthermore, new provisions are proposed that set forth submittal requirements for end-market use project applications, waste tire transfer stations, end-market uses, and standards and requirements of high volume end use facilities.
December 29, 2015
1:30 PM
January 5, 2016
4:30 PM


Expedited Penalty Amendments and Updates
LAC 33:I.801 and 807
PROPOSED RULE – November 20, 2015
The proposed rule amends the existing expedited penalty program. The amendments will:
1) adjust existing penalty amounts; and
2) include additional qualifying violations to the program in the areas of air quality, hazardous waste, solid waste, water quality, underground storage tanks and radiation.
December 29, 2015
1:30 PM
January 5, 2016
4:30 PM


Physical Protection of Byproduct Material; Distribution of Source Material to Exempt Persons and General Licenses: Domestic Licensing of Special Nuclear Material; and Safeguards Information
LAC 33:XV.102, 103, 303, 321, 340, 1519 and 1601, 1603, 1605, 1607, 1609, 1611, 1613, 1615, 1617, 1619, 1621, 1623, 1625, 1627, 1629, 1631, 1633, 1635, 1637, 1641, 1643, 1645, 1647, 1649, 1651, 1661, 1663, 1665 and 1699
FINAL RULE – November 20, 2015
LDEQ states that the amendments to the radiation protection regulations are identical to the federal regulations at 10 CFR 30, 37, 40 and 70, which were promulgated by the Nuclear Regulatory Commission as RATS ID 2013-1, 2013-2, 2015 -1 and 2015-2. The rule makes major changes to the requirements for physical protection of Category 1 and 2 quantities of radioactive materials, as well as minor changes to the distribution of source material to exempt persons and general licensees. The following sections are amended:
  • Section 102 – Definitions;
  • Section 103 – Exemptions;
  • Section 303 – Unimportant Quantities of Source Material;
  • Section 321 – General Licenses: Source Materials;
  • Section 340 – Transfer of Source or Byproduct Material;
  • Section 1519 – Advance Notification of Shipment of Irradiated Reactor Fuel and Nuclear Waste;
  • Section 1601 – Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, General Provisions, Purpose and Scope;
  • Section 1603 – Definitions;
  • Section 1605 – Specific Exemptions;
  • Section 1607 – Personal Access Authorization Requirements for Category 1 and Category 2 Quantities of Radioactive Material;
  • Section 1609 – Access Authorization Program Requirements;
  • Section 1611 – Background Investigations;
  • Section 1613 – Requirements for Criminal History Records of Individuals Granted Unescorted Access to Category 1 and Category 2 Quantities of Radioactive Materials;
  • Section 1615 – Relief from Fingerprinting, Identification and Criminal History Record Checks and Other Elements of Background Investigations for Designated Categories of Individuals Permitted Unescorted Access to Certain Radioactive Materials;
  • Section 1617 – Protection of Information;
  • Section 1619 – Access Authorization Program Review;
  • Section 1621 – Security Program;
  • Section 1623 – General Security Program Requirements;
  • Section 1625 – Local Law Enforcement Agency (LLEA) Coordination;
  • Section 1627 – Security Zones;
  • Section 1629 – Monitoring, Detection and Assessment;
  • Section 1631 – Maintenance and Testing;
  • Section 1633 – Requirement for Mobile Devices;
  • Section 1635 – Security Program Review;
  • Section 1637 – Reporting of Events;
  • Section 1641 – Additional Requirements for Transfer of Category 1 and Category 2 Quantities of Radioactive Material;
  • Section 1643 – Applicability of Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material During Transport;
  • Section 1645 – Preplanning and Coordination of Shipments of Category 1 and Category 2 Quantities of Radioactive Material;
  • Section 1647 – Advance Notification of Shipment of Category 1 and Category 2 Quantities of Radioactive Material;
  • Section 1649 – Requirements for Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material During Shipment;
  • Section 1651 – Reporting of Events;
  • Section 1661 – Form of Records;
  • Section 1663 – Record Retention;
  • Section 1665 – Inspections; and
  • Section 1699 – Appendix A – Category 1 and Category 2 Thresholds.

Emission Reduction Credits (ERC) Banking Program
LAC 33:III.603
FINAL RULE – November 20, 2015
In anticipation of revisions to the National Ambient Air Quality Standards (NAAQS) for ozone, the final rule amends Louisiana’s emission reduction credits banking program. The amendment allows owners/operators of stationary sources located in a currently designated attainment area, but which will not be in compliance with a new or revised NAAQS, to be eligible for bank credible reductions in emissions of noncompliant pollutant(s) realized on or after the date the new or revised NAAQS is promulgated. LDEQ states the rule was promulgated to encourage reductions in NOX and VOC emissions that will be needed to comply with the future revisions to ozone NAAQS.

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 – November 20, 2015
The LDHH State Health Officer has renewed this emergency rule, effective October 30, 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.


Office of Conservation, General Operations, Subpart 20.  Expedited Permit Processing Program
LAC 43:XIX.Chapter 47

FINAL RULE – November 20, 2015

The LDNR Office of Conservation has promulgated LAC 43:XIX. Subpart 20, Sections 4701, 4703, 4705, 4707 and 4709. The authority to implement an expedited permit processing program was authorized by Act 362 of the 2015 Legislative Session.
The new program will allow the Office of Conservation to expedite the processing of permits, modifications, orders, licenses, registrations or variances for applicants who request such services. Expedited processing of an application will be on a case-by-case basis as an exercise of the discretion of the Commissioner and subject to the availability of processing resources. Furthermore, applications approved for expedited processing must still meet all regulatory requirements, including required public comment periods and any required review by other agencies.
The following will NOT be eligible for the expedited process.
  • A request for expedited processing submitted prior to submittal of the associated application for a permit, modification, order, license, registration or variance will not be considered.
  • Expedited processing will not be considered for partial review of an application for a permit, modification, order, license, registration, or variance except in accordance with LAC 43.XIX.4703.D.
  • Requests for waivers, exceptions, regulatory interpretations, letters of no further action, review of data and/or work plans, and other miscellaneous letters of response are not eligible for expedited processing.

Statewide Order No. 29-B, Chapter 1. General Provisions
Hydraulic Fracture Stimulation Operations - Thirty Day Work History Report
LAC 43:XIX.118

FINAL RULE – November 20, 2015

The LDNR Office of Conservation amended LAC 43:XIX.118, extending the timeframe for submitting a work history report (on or with the well history and work resume report (Form WH)) following a hydraulic fracture stimulation operation from 20 days to 30 days.
Copyright © 2015 Taylor Porter, All rights reserved.


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