Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 30 - Standards of Performance for New Stationary Sources (NSPS) › Subchapter A - Incorporation by Reference › Section III-3003 - Incorporation by Reference of 40 Code of Federal Regulations (CFR) Part 60

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except for  40
				  CFR 60, subpart AAA, and as modified in this Section, standards of performance
				  for new stationary sources, published in the
Code of Federal
				  Regulations
at  40 CFR 60, July 1, 2021, are hereby incorporated by
				  reference as they apply to the state of Louisiana.
B. Corrective modification and clarification
				  are made as follows.
1. Whenever the
				  referenced regulations (i.e.,        40 CFR Part 60       ) provide authority to "the
				  administrator," such authority, in accordance with these regulations, shall be
				  exercised by the administrative authority or his designee, notwithstanding any
				  authority exercised by the U.S. Environmental Protection Agency (EPA). Reports,
				  notices, or other documentation required by the referenced regulations (i.e.,
				  40 CFR Part 60) to be provided to "the administrator" shall be provided to the
				  Office of Environmental Services, where the state is designated authority by
				  EPA as "the administrator," or shall be provided to the Office of Environmental
				  Services and EPA, where EPA retains authority as "the administrator."
2.  40 CFR Part 60, Subpart A, Section 60 .
				  4(b)(T) shall be modified to read as follows: State of Louisiana: Office of
				  Environmental Services, Department of Environmental Quality.
3. The availability to the public of
				  information provided to or otherwise obtained by the state under this Chapter
				  shall be governed by LAC 33:I.501-509.
4. Clarification of MSW landfill milestones
				  are as follows: design plans are due on or before January 28, 1999; awarding of
				  contracts is due on or before June 28, 1999; initiation of on-site construction
				  is due on or before September 28, 1999; initial performance test is to be
				  completed on or before March 28, 2000; and final compliance is due on or before
				  April 28, 2000.
5. The department's
				  emission guideline plan, required by the Clean Air Act (CAA), section 111(d),
				  for Hospital/Medical/Infectious Waste Incinerators includes the following CFR
				  citations: 40 CFR 60.30,
				  60.30(e),
				  60.31(e),
				  60.32(e), 60.33(e), 60.35(e), 60.36(e), 60.37(e), 60.38(e), and 60.39(e). Until
				  the department has a mechanism to approve training programs in compliance with
				    40 CFR 60.34(e), the department accepts accreditation approved by other states
				  complying with 40 CFR 60.34(e).
6.
				  The department's emission guideline plan, required by the CAA, section 111(d),
				  for commercial and industrial solid waste incineration (CISWI) units includes
				  40
				  CFR 60.2575 -
				  60.2875
				  and tables 1-5. Until the department has a mechanism to approve training
				  programs in compliance with
				  40
				  CFR 60.2635, the department shall accept
				  accreditation approved by other states complying with
				  40
				  CFR 60.2635.
7. The department's emission guideline plan,
				  required by section 111(d) of the Clean Air Act, for other solid waste
				  incinerator units includes
				  40 CFR
				  60.2980 -
				  60.3078
				  and Tables 1-5 (70 FR 74870-74924, December 16, 2005). Until the department has
				  a mechanism to approve training programs in compliance with
				  40
				  CFR 60.3014, the department shall accept
				  accreditation approved by other states complying with
				  40
				  CFR 60.3014.
8. 40 CFR Part 60, Subpart B, Adoption and
				  Submittal of State Plans for Designated Facilities, and 40 CFR Part 60, Subpart
				  C, Emission Guidelines and Compliance Times, are not included in this
				  incorporation by reference.
9. The
				  minimum standards of the following emission guidelines of 40 CFR Part 60, and
				  amendments to 40 CFR Part 60, that are incorporated by reference shall be
				  applied to applicable units in the state.
40 CFR Part 60
Subpart Heading
Subpart Cb
Emissions Guidelines and Compliance Times for
								Large Municipal Waste Combustors That Are Constructed on or before September
								20, 1994
Subpart Cc
Emission Guidelines and Compliance Times for
								Municipal Solid Waste Landfills
Subpart Cd
Emission Guidelines and Compliance Times for
								Sulfuric Acid Production Units
Subpart Ce
Emission Guidelines and Compliance Times for
								Hospital/Medical/Infectious Waste Incinerators
Subpart BBBB
Emission Guidelines and Compliance Times for Small
								Municipal Waste Combustion Units Constructed on or Before August 30, 1999
Subpart DDDD
Emission Guidelines and Compliance Times for
								Commercial and Industrial Waste Incineration Units That Commenced Construction
								on or before November 30, 1999
Subpart FFFF
Emission Guidelines and Compliance Times for Other
								Solid Waste Incineration Units That Commenced Construction On or Before
								December 9, 2004 (70 FR 74870-74924, December 16, 2005)
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 15454, March 21, 2011)
10. The definitions of
commercial and
				  industrial solid waste incineration (CISWI) unit
,
commercial
				  or industrial waste
, and
solid waste
do not include
				  the revisions to the definitions in
				  40 CFR
				  60.2265 and
				  60.2875,
				  promulgated by the EPA on September 22, 2005 (70 FR 55568-55581).