La. Admin. Code tit. 33 § III-5901

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-5901 - Incorporation by Reference of Federal Regulations

A. Except as provided in Subsection C of this Section, the department incorporates by reference 40 CFR 68, July 1, 2021.

B. The volumes containing those federal regulations listed in Subsection A of this Section may be obtained from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402.

C. Modifications or Exceptions. The following modifications or exceptions are made to the incorporated federal standards.

1. In 40 CFR 68.3 Definitions:

a.Act- either the Clean Air Act as amended (42 U.S.C. 7401 et seq.) or the Louisiana Environmental Quality Act, Subtitle II of Title 30.

b.Administrator or Regional Administrator- the administrator of the United States Environmental Protection Agency or his authorized representative.

c.Implementing Agency- Louisiana Department of Environmental Quality.

2. United States Environmental Protection Agency, U.S. Environmental Protection Agency, or EPA shall mean United States Environmental Protection Agency, except that it shall mean Louisiana Department of Environmental Quality in 40 CFR 68.150(a), 68.190(a), and 68.190(c).

3. In 40 CFR 68.10(a)(2) and 40 CFR 68.190(b)(2), the requirement is modified to read:

"Three years after the date on which a new regulated substance is first listed by EPA under 40 CFR 68.130, provided that the Department shall have adopted the addition of the new substance to 40 CFR 68.130 by three years after the date of the new EPA listing."

4. In 40 CFR 68.210, the availability of information to the public shall be ensured by the Louisiana Public Records Act, R.S. 44:1 et seq., except as otherwise declared confidential pursuant to R.S. 30:2030 and all regulations promulgated thereto including LAC 33:I.Chapter 5.

5. In 40 CFR 68.215, the air permitting authority shall refer to Louisiana Department of Environmental Quality permitting authority in LAC 33:III.Chapter 5.

6. In 40 CFR 68.130 the list of substances is modified to read:

"Storers of liquefied petroleum gas whose facilities are permitted through or inspected by the Louisiana Liquefied Petroleum Gas Commission of the Department of Public Safety and Corrections or storers of liquefied petroleum gas who use such gas as a fuel in an agricultural process are not subject to the provisions of this Chapter."

La. Admin. Code tit. 33, § III-5901

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:421 (April 1994), amended LR 22:1124 (November 1996), repromulgated LR 22:1212 (December 1996), amended LR 24:652 (April 1998), LR 25:425 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:70 (January 2000), LR 26:2272 (October 2000), LR 28:463 (March 2002), LR 29:699 (May 2003), LR 30:1010 (May 2004), amended by the Office of Environmental Assessment, LR 30:2463 (November 2004), LR 31:1570 (July 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 32:810 (May 2006), LR 33:1621 (August 2007), LR 34:1392 (July 2008), LR 35:1109 (June 2009), LR 36:2274 (October 2010), LR 37:2991 (October 2011), LR 38:1231 (May 2012), amended by the Office of the Secretary, Legal Division, LR 39:1278 (May 2013), LR 40:1336 (July 2014), Amended by LR 411275 (7/1/2015), Amended by the Office of the Secretary, Legal Division, LR 421087 (7/1/2016), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 44748 (4/1/2018), Amended by LR 46894 (7/1/2020), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 47357 (3/1/2021), Amended LR 48490 (3/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054 and 30:2063.