LAC 33:III.3003. Incorporation by Reference of 40 Code of Federal Regulations (CFR) Part 60

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, 2025, 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). 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.