SLS 22RS-135 ORIGINAL
2022 Regular Session
SENATE BILL NO. 65
BY SENATOR CONNICK
ENVIRONMENTAL CONTROL. Provides for reporting by minor air sources. (8/1/22)
1 AN ACT
2 To amend and reenact R.S. 30:2054(B)(2)(b)(ix), relative to the powers and duties of the
3 secretary of the Department of Environmental Quality; to provide for reporting
4 requirements for certain persons who discharge toxic air pollutants into the
5 atmosphere of Louisiana; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 30:2054(B)(2)(b)(ix) is hereby amended and reenacted to read as
8 follows:
9 ยง2054. Air quality control; secretary of environmental quality; powers and duties
10 * * *
11 B. The secretary shall have the following powers and duties:
12 * * *
13 (2) * * *
14 (b) Nothing in this law shall be deemed to grant to the secretary any
15 jurisdiction or authority to make any rule, regulation, recommendations, or
16 determination with respect to any of the following:
17 * * *
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 65
SLS 22RS-135 ORIGINAL
1 (ix) Permitting regulations, with respect to air quality, requiring authorization
2 to construct or operate any source for which facility-wide potential emissions are less
3 than five tons per year for each of any regulated air pollutant as defined by the Clean
4 Air Act, 42 U.S.C. 7401 et seq., less than fifteen tons per year emitted of all such
5 defined pollutants combined, and less than the minimum emission rate for each toxic
6 air pollutant established pursuant to R.S. 30:2060, unless such source is required to
7 obtain a permit pursuant to the Clean Air Act, 42 U.S.C. 7661 et seq.
8 Notwithstanding the provisions of this Item, the secretary may shall adopt,
9 promulgate, and enforce standards, limitations, and other regulations applicable to
10 sources which are not required to obtain a permit. The standards or regulations shall
11 not include any requirement for approval by the department. The standards or
12 regulations may shall include the requirement to determine, document, and maintain
13 records, and reporting to demonstrate the potential or actual emissions of the
14 facility. For purposes of this Item, "potential emissions" shall mean the emissions the
15 facility is capable of emitting considering all control measures in place, utilized, and
16 properly maintained and historical practices, including hours of operation and
17 number of employees at the facility.
18 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tyler S. McCloud.
DIGEST
SB 65 Original 2022 Regular Session Connick
Present law authorizes the secretary of the Department of Environmental Quality to adopt
and promulgate certain rules and regulations under the Louisiana Air Control Law.
Present law provides that nothing in present law was deemed to grant to the secretary any
jurisdiction or authority to make any rule, regulation, recommendations, or determination
with respect to permitting regulations, with respect to air quality, requiring authorization to
construct or operate any source for which facility-wide potential emissions are less than five
tons per year for each of any regulated air pollutant as defined by the federal Clean Air Act,
less than fifteen tons per year emitted of all such defined pollutants combined, and less than
the minimum emission rate for each toxic air pollutant established pursuant to present law
unless the source was required to obtain a permit pursuant to the federal Clean Air Act.
Present law authorizes the secretary to adopt, promulgate, and enforce standards, limitations
and other regulations applicable to sources which are not required to obtain a permit.
Requires that these standards or regulations not include any requirement for approval by the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 65
SLS 22RS-135 ORIGINAL
DEQ and provides that such standards or regulations may include the requirement to
determine, document, and maintain records to demonstrate the potential or actual emissions
of the facility.
Proposed law requires the secretary to adopt, promulgate, and enforce standards, limitations,
and other regulations for sources that are not required to obtain a permit. In addition,
proposed law requires the standards or regulations to include reporting along with the
requirement to determine, document, and maintain records to demonstrate the potential or
actual emissions of the facility.
Effective August 1, 2022.
(Amends R.S. 30:2054(B)(2)(b)(ix))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.