Rulemaking is the process whereby the Louisiana Department of Environmental Quality (DEQ) develops, proposes, and promulgates regulations pertaining to the environment and the public health. Louisiana's Administrative Procedure Act defines the procedures that DEQ, as well as other state agencies, must follow to propose new or amended regulations. The terms "rules" and "regulations" have the same meaning and are used interchangeably in this document.
Yes. The Office of the Secretary, Legal Affairs Division, Regulation Development Section, coordinates all DEQ rulemaking. They can be reached at (225) 219-3985.
It varies anywhere from 2 to 12 months. Proposed regulations (fast-track) which are identical to existing federal regulations can become final within two months. All other rules take at least three months. Rules not finalized within 12 months after publication of the Notice of Intent are void.
Yes, there are two from DEQ and one from the Office of the State Register.
The Office of the State Register offers:
DEQ sells copies of proposed regulations at the Baton Rouge headquarters after the Notice of Intent is published ($.25 per page or at cost). Contact RD at (225) 219-3985 for price information and ordering instructions.
Purchase the monthly Louisiana Register publication. With the exception of very lengthy regulations, all proposed regulations will appear in a monthly edition of this document.
Check the Internet for DEQ's website at: http://www.deq.louisiana.gov. Regulation updates are found under "Rules and Regulations", then "Monthly Regulation Changes."
Yes, the proposed regulation is available for review at DEQ offices located throughout the state. The location of these offices can be found in the Notice of Intent. In addition, copies of proposed regulations may be downloaded from the Internet.
Call DEQ's Regulation Development Section at (225) 219-3985.
There are three times the public can submit their comments for consideration:
One of four ways:
If you submitted written or oral comments to DEQ, a copy of the Summary Report will be mailed to you at or near the same time the report is submitted to the Legislative Oversight Committees. The Summary Report includes the Comment Summary and Response document, including concise statements reviewing the pros and cons of adopting individual or topical comments, and the proposed regulation if DEQ has made changes to the regulation as a result of the comments received. The changes to the regulation will be highlighted for easy identification.
Final regulations are available from DEQ as part of the Environmental Regulatory Code (ERC). The ERC is divided into Parts representing major program areas, (e.g., Part V - Hazardous Waste, Part III - Air Quality). The ERC is available in hard copy or on DEQ's website, http://www.deq.louisiana.gov under "Rules and Regulations", then "ERC - LAC Title 33". Final rules are also available online under "Rules and Regulations" at "Monthly Regulation Changes". Contact RD at (225) 219-3985 for more information. Final regulations are also available from the Office of the State Register as part of the Louisiana Administrative Code. Contact (225) 342-5015 for more information.
According to the Administrative Procedure Act, there is a two-year window to contest a promulgated regulation. Contact RD regarding the procedure for contesting a rule.
Emergency rules must meet a specific set of criteria and are enforceable for a restricted and designated period of time. When that period expires, the regulation is null.
Yes, this process is called petitioning for rulemaking. Any interested person may petition the DEQ in writing to issue, amend, or rescind any regulation. LAC 33:I.Chapter 9 addresses general requirements for petitions requesting rulemaking.