la-202609-0066a1117e: Incorporation by Reference of 40 CFR Part 62, Subpart IIIa

Department of Environmental Quality Office of the Secretary Legal Affairs Division Incorporation by Reference of 40 CFR Part 62, Subpart IIIa (LAC 33:III.3103) Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaking procedures have been initiated to amend the Air regulations, LAC 33:III.3103 (Log #AQ408ft). The proposed Rule is identical to federal regulations found in 40 CFR Part 62, Subpart IIIa, which are applicable in Louisiana. For more information regarding the federal requirement, contact William Little at (225) 219-3985. No fiscal or economic impact will result from the rule. This Rule will be promulgated in accordance with the procedures in R.S. 49:963(B)(3) and (4). On December 11, 2024, the Environmental Protection Agency (EPA) issued 40 CFR 62, Subpart IIIa — Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units That Commenced Construction On or Before June 4, 2010, and Have Not Been Modified or Reconstructed Since August 7, 2013. In order for Louisiana to maintain equivalency with federal regulations, the most current Code of Federal Regulations must be adopted into the Louisiana Administrative Code. The proposed Rule incorporates by reference the corresponding federal regulations included in 40 CFR Part 62, Subpart IIIa, December 11, 2024, into the Louisiana Administrative Code (LAC), Title 33, Part III, Air, which is necessary to maintain delegation, authorization, etc. granted to Louisiana by EPA. Exceptions to the incorporation by reference are explicitly listed in the proposed Rule. The basis and rationale for the proposed Rule are to mirror the federal regulations as they apply to Louisiana's affected sources. The proposed Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:963.B.(3); therefore, no report regarding environmental/health benefits and social/economic costs is required. Title 33 ENVIRONMENTAL QUALITY Part III. Air Chapter 31.Incorporation of Federal Plans for Designated Facilities and Pollutants Subchapter A.Incorporation by Reference §3103.Incorporation by Reference of 40 CFR Part 62, Subpart IIIa (Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units That Commenced Construction On or Before June 4, 2010 and Have Not Been Modified or Reconstructed Since August 7, 2013) A.Federal plan requirements published in the Code of Federal Regulations at 40 CFR 62, Subpart IIIa, December 11, 2024, are hereby incorporated by reference as they apply to sources in the state of Louisiana. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, the Office of the Secretary, Legal Affairs Division, LR 52: Family Impact Statement This proposed Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972. Poverty Impact Statement This proposed Rule has no known impact on poverty as described in R.S. 49:973. Small Business Analysis This proposed Rule has no known impact on small business as described in R.S. 49:974.1 - 974.8. Provider Impact Statement This proposed Rule has no known impact on providers as described in HCR 170 of 2014. Public Comments All interested persons are invited to submit written comments on the proposed Rule. Persons commenting should reference the proposed Rule by AQ408ft. Such comments must be received no later October 28, 2026, at 4:30 p.m., and should be sent to William Little, Attorney Supervisor, Office of the Secretary, Legal Affairs Division, P.O. Box 4302, Baton Rouge, LA 70821-4302, by fax (225) 219-4068, or by E-mail to DEQ.Reg.Dev.Comments@la.gov. Copies of the proposed Rule can be purchased by contacting the LDEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for each copy of AQ408ft. The proposed Rule is available on the Internet at https://www.deq.louisiana.gov/about-ldeq/monthly-regulation-changes-2026. Public Hearing A public hearing will be held on October 28, 2026, at 1:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. Interested persons are invited to attend in person or online via Microsoft Teams at https://teams.microsoft.com/meet/225581962557365?p=WA1olUFploGq8u2YOV Meeting ID: 225 581 962 557 365 Passcode: A2NL2hJ9 or by phone (872) 239-6160 using phone conference ID: 833 450 698#. Should individuals with a disability need an accommodation to participate, contact Doug Bordelon at the address given below or at (225) 219-1325. The proposed Rule is available for inspection at the following LDEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 508 Downing Pines Road, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 111 New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123. Jill C. Clark General Counsel 2609#038