La. Admin. Code tit. 33 § III-5116

Current through Register Vol. 50, No. 5, May 20, 2024
Section III-5116 - Incorporation by Reference of 40 CFR Part 61 (National Emission Standards for Hazardous Air Pollutants)
A. Except as modified in this Section and specified below, national emission standards for hazardous air pollutants, published in the Code of Federal Regulations at 40 CFR 61, July 1, 2021, and specifically listed in the following table, are hereby incorporated by reference as they apply to sources in the state of Louisiana.

40 CFR Part 61

Subpart/Appendix Heading

Subpart A

General Provisions

Subpart C

National Emission Standard for Beryllium

Subpart D

National Emission Standard for Beryllium Rocket Motor Firing

Subpart E

National Emission Standard for Mercury

Subpart F

National Emission Standard for Vinyl Chloride

Subpart J

National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene

Subpart L

National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants

Subpart N

National Emission Standard for Inorganic Arsenic Emissions from Glass Manufacturing Plants

Subpart O

National Emission Standard for Inorganic Arsenic Emissions for Primary Copper Smelters

Subpart P

National Emission Standard for Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities

Subpart V

National Emission Standard for Equipment Leaks (Fugitive Emission Sources)

Subpart Y

National Emission Standard for Benzene Emissions from Benzene Storage Vessels

Subpart BB

National Emission Standard for Benzene Emissions from Benzene Transfer Operations

Subpart FF

National Emission Standard for Benzene Waste Operations

Appendix A

National Emission Standards for Hazardous Air Pollutants, Compliance Status Information

Appendix B

Test Methods

Appendix C

Quality Assurance Procedures

B. Modifications or Exceptions. The following modifications or exceptions are made to the incorporated federal standards.
1. 40 CFR Part 61, Subpart A, Section 61. 04(b)(T) is modified to read as follows: Louisiana Department of Environmental Quality, Office of Environmental Services.
2. Whenever the referenced regulations (i.e., 40 CFR Part 61) 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 61) to be provided to "the administrator" shall be provided to the Office of Environmental Compliance, where the state is designated authority by EPA as "the administrator," or shall be provided to the Office of Environmental Compliance and EPA, where EPA retains authority as "the administrator."
C. The volumes containing those federal regulations incorporated by reference may be obtained from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402 or their website, www.gpoaccess.gov/cfr/index.html.

La. Admin. Code tit. 33, § III-5116

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 23:61 (January 1997), amended LR 23:1658 (December 1997), LR 24:1278 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1464 (August 1999), LR 25:1797 (October 1999), LR 26:2271 (October 2000), LR 27:2230 (December 2001), LR 28:995 (May 2002), LR 28:2179 (October 2002), LR 29:699 (May 2003), LR 30:1009 (May 2004), amended by the Office of Environmental Assessment, LR 31:1569 (July 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2448 (October 2005), LR 32:809 (May 2006), LR 33:1620 (August 2007), LR 33:2094 (October 2007), LR 34:1391 (July 2008), LR 35:1108 (June 2009), LR 36:2273 (October 2010), LR 37:2990 (October 2011), LR 38:1230 (May 2012), amended by the Office of the Secretary, Legal Division, LR 39:1277 (May 2013), LR 40:1335 (July 2014), Amended by LR 411274 (7/1/2015), Amended by the Office of the Secretary, Legal Division, LR 421086 7/1/2016, Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 44747 (4/1/2018), Amended by LR 46894 (7/1/2020), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 47356 (3/1/2021), Amended LR 48489 (3/1/2022).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.