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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 552
BY SENATOR AMEDEE
ENVIRONMENTAL QUALITY. Provides for certain compliance standards for affected
sources. (gov sig)
AN ACT1
To enact R.S. 30:2060(O), relative to toxic air pollutant emission control program; to2
provide for certain compliance standards; to provide that compliance by an affected3
source with applicable federal air toxic standards constitute compliance with state4
air toxic laws; to provide definitions, terms, and conditions; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:2060(O) is hereby enacted to read as follows: 8
ยง2060. Toxic air pollutant emission control program9
* * *10
O. (1)(a) An affected source's compliance with applicable standards11
promulgated by the United States Environmental Protection Agency in 40 CFR12
Parts 61 or 63 shall constitute compliance by such affected source with this13
Section and any rules or regulations adopted by the department pursuant to14
this Section. Determination of the standard for affected sources not subject to15
standards in 40 CFR Parts 61 or 63 shall be made by the department through16
the permitting process using the existing determination method.17 SB NO. 552
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply1
to rules regarding the regulation and control of asbestos promulgated by the2
department pursuant to R.S. 30:2054.3
(2)(a) Affected sources shall be subject to ambient air standards4
promulgated pursuant to this Section outside their property boundaries, except5
that such ambient air standards shall not apply to roads, railroads, or water6
bodies where activities are transient in nature and long-term exposure to7
emissions is not reasonably anticipated.8
(b) Ambient air standards shall not apply to industrial properties9
adjacent to or impacted by emissions from affected sources, provided the10
affected source shall demonstrate that worker protection standards enacted11
pursuant to the federal Occupational Safety and Health Act as permissible12
exposure limits are not exceeded on the impacted property because of toxic air13
pollutant emissions from the affected source.14
(3) Affected sources shall be subject to annual emissions reporting15
requirements for toxic air pollutants promulgated pursuant to this Section.16
(4) Affected sources shall continue to be subject to applicable fees17
required by the department rules or regulations. The department shall adopt18
rules and regulations in accordance with the Administrative Procedure Act to19
implement the requirements of this Subsection.20
(5) For purposes of this Subsection, "affected source" means the21
collection of equipment, activities, or both within a single contiguous area and22
under common control that is further defined by the applicable standard.23
Section 2. This Act shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28 SB NO. 552
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Amedee (SB 552)
Present law provides relative to toxic air pollutant emission controls.
Proposed law retains present law and provides that if an affected source is compliant with
applicable standards promulgated by EPA such compliance constitutes compliance by the
affected source with DEQ's toxic air pollutant emission control program. Further provides
that determination of the standard for affected sources not subject to a federal standard is to
be made by DEQ through the permitting process using the existing determination method.
Proposed law provides an exemption for the regulation and control of asbestos.
Proposed law requires affected sources to comply with ambient air standards promulgated
by DEQ, except that such ambient air standards do not apply to roads, railroads, or water
bodies where such activities are transient in nature and long-term exposure to emissions is
not reasonably anticipated.
Proposed law prohibits ambient air standards from applying to industrial properties adjacent
to or impacted by emissions from affected sources, provided that the affected source is
required to demonstrate that worker protection standards enacted pursuant to OSHA as
permissible exposure limits are not exceeded on the impacted property because of toxic air
pollutant emissions from the affected source.
Proposed law provides that affected sources are subject to annual emissions reporting
requirements for toxic pollutants.
Proposed law provides that affected sources will continue to be subject to applicable DEQ
fees.
Proposed law requires DEQ to adopt rules and regulations in accordance with the APA to
implement the provisions of proposed law.
Proposed law defines "affected source" as the collection of equipment, activities, or both
within a single contiguous area and under common control.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 30:2060(O))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Environmental Quality
to the original bill.
1. Provides exception for DEQ's regulation and control of asbestos.
2. Requires affected sources to comply with ambient air standards promulgated
by DEQ and provides certain exceptions.
3. Prohibits ambient air standards from applying to industrial properties
adjacent to or impacted by emissions from affected sources, provided that the
affected source is required to demonstrate that worker protection standards SB NO. 552
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
enacted pursuant to OSHA as permissible exposure limits are not exceeded
on the impacted property because of toxic air pollutant emissions from the
affected source.
4. Provides that affected sources are subject to annual emissions reporting
requirements for toxic air pollutants promulgated by DEQ.