Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 61 - General Pretreatment Regulations for Existing and New Sources of Pollution › Section IX-6111 - National Pretreatment Standards: Categorical Standards

Current through Register Vol. 50, No. 6, June 20, 2024
National pretreatment standards specifying quantities or
					 concentrations of pollutants or pollutant properties which may be discharged to
					 a POTW by existing or new industrial users in specific industrial subcategories
					 will be established as separate regulations under the appropriate Subpart of 40
					 CFR Chapter I, Subchapter N. These standards, unless specifically noted
					 otherwise, shall be in addition to all applicable pretreatment standards and
					 requirements set forth in this Chapter.
A. Category Determination Request
1. Application Deadline. Within 60 days after
				  the effective date of a pretreatment standard for a subcategory under which an
				  industrial user may be included, the industrial user or POTW may request that
				  the state administrative authority, as appropriate, provide written
				  certification on whether the industrial user falls within that particular
				  subcategory. If an existing industrial user adds or changes a process or
				  operation which may be included in a subcategory, the existing industrial user
				  must request this certification prior to commencing discharge from the added or
				  changed processes or operation. A new source must request this certification
				  prior to commencing discharge. Where a request for certification is submitted
				  by a POTW, the POTW shall notify any affected industrial user of such
				  submission. The industrial user may provide written comments on the POTW
				  submission to the state administrative authority, as appropriate, within 30
				  days of notification.
2. Contents
				  of Application. Each request shall contain a statement:
a. describing which subcategories might be
				  applicable; and
b. citing evidence
				  and reasons why a particular subcategory is applicable and why others are not
				  applicable. Any person signing the application statement submitted pursuant to
				  this Section shall make the following certification:
"I certify under penalty of the law that this document and
					 all attachments were prepared under my direction or supervision in accordance
					 with a system designed to assure that qualified personnel properly gather and
					 evaluate the information submitted. Based on my inquiry of the person or
					 persons who manage the system, or those persons directly responsible for
					 gathering the information, the information submitted is, to the best of my
					 knowledge and belief, true, accurate, and complete. I am aware that there are
					 significant penalties for submitting false information, including the
					 possibility of fine and imprisonment for knowing violations."
3. Deficient Requests. The state
				  administrative authority will only act on written requests for determinations
				  that contain all of the information required. Persons who have made incomplete
				  submissions will be notified by the state administrative authority that their
				  requests are deficient and, unless the time period is extended, will be given
				  30 days to correct the deficiency. If the deficiency is not corrected within 30
				  days or within an extended period allowed by the state administrative
				  authority, the request for a determination shall be denied.
4. Final Decision
a. When the state administrative authority
				  receives a submittal he or she will, after determining that it contains all of
				  the information required by Paragraph 2 above, consider the submission, any
				  additional evidence that may have been requested, and any other available
				  information relevant to the request. The state administrative authority will
				  then make a written determination of the applicable subcategory and state the
				  reasons for the determination.
b.
				  Where the request is submitted to the state administrative authority, the state
				  administrative authority shall forward the determination described in this
				  Paragraph to the Water Management Division director who may make a final
				  determination. The Water Management Division director may waive receipt of
				  these determinations. If the Water Management Division director does not modify
				  the state administrative authority's decision within 60 days after receipt
				  thereof, or if the Water Management Division director waives receipt of the
				  determination, the state administrative authority's decision is
				  final.
c. Where the request is
				  submitted by the industrial user or POTW to the Water Management Division
				  director or where the Water Management Division director elects to modify the
				  state administrative authority's decision, the Water Management Division
				  director's decision will be final.
d. The Water Management Division director or
				  state administrative authority, as appropriate, shall send a copy of the
				  determination to the affected industrial user and the POTW. Where the final
				  determination is made by the Water Management Division director, he or she
				  shall send a copy of the determination to the state administrative
				  authority.
5. Requests
				  for Hearing and/or Legal Decision. Within 30 days following the date of receipt
				  of notice of the final determination as provided for by Subparagraph A.4.d of
				  this Section, the requester may submit a petition to reconsider or contest the
				  decision to the EPA regional administrator who shall act on such petition
				  expeditiously and state the reasons for his or her determination, in
				  writing.