ENROLLED
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are additions.
ACT No. 103
Regular Session, 2010
HOUSE BILL NO. 1169
BY REPRESENTATIVE WHITE
AN ACT1
To enact R.S. 30:2060(O), relative to air quality; to provide for toxic air pollution standards2
and compliance; to provide for rules and regulations; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 30:2060(O) is hereby enacted to read as follows:6
ยง2060. Toxic air pollutant emission control program7
* * *8
O.(1)(a) An affected source's compliance with an applicable standard9
promulgated by the United States Environmental Protection Agency (EPA) in 4010
CFR Parts 61 or 63, shall constitute compliance by the affected source with this11
Section and the rules and regulations adopted by the department under this Section.12
Determination of the standard for affected sources not subject to a federal standard13
shall be made by the department through the permitting process using the existing14
determination method. For purposes of this Subsection, "affected source" means the15
collection of equipment, activities, or both within a single contiguous area and under16
common control that is further defined by the applicable standard.17
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to18
rules regarding the regulation and control of asbestos promulgated by the department19
pursuant to R.S. 30:2054.20
(2)(a) Affected sources shall be subject to ambient air standards promulgated21
pursuant to this Section outside their property boundaries, except that such ambient22
air standards shall not apply to roads, railroads, or water bodies where activities are23
transient in nature and long-term exposure to emissions is not reasonably anticipated.24 ENROLLEDHB NO. 1169
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are additions.
(b) Ambient air standards shall not apply to industrial properties adjacent to1
or impacted by emissions from affected sources, provided the affected source shall2
demonstrate that worker protection standards enacted pursuant to the federal3
Occupational Safety and Health Act as permissible exposure limits are not exceeded4
on the impacted property because of toxic air pollutant emissions from the affected5
source.6
(3) Affected sources shall be subject to annual emissions reporting7
requirements for toxic air pollutants promulgated pursuant to this Section.8
(4) Affected sources shall continue to be subject to applicable fees required9
by the department regulations.10
(5) The department shall adopt rules, in accordance with the Administrative11
Procedure Act, R.S. 49:950 et seq., to implement the requirements of this Subsection.12
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: