reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2503 - Signatories to Permit Applications and Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications. All permit applications
				  shall be signed as follows:
1. for a
				  corporation by a responsible corporate officer. For the purpose of this
				  Section, a responsible corporate officer means:
a. a president, secretary, treasurer, or
				  vice-president of the corporation in charge of a principal business function,
				  or any other person who performs similar policy- or decision-making functions
				  for the corporation; or
b. the
				  manager of one or more manufacturing, production, or operating facilities,
				  provided: the manager is authorized to make management decisions that govern
				  the operation of the regulated facility, including having the explicit or
				  implicit duty of making major capital investment recommendations and initiating
				  and directing other comprehensive measures to ensure long term environmental
				  compliance with environmental laws and regulations; the manager can ensure that
				  the necessary systems are established or actions taken to gather complete and
				  accurate information for permit application requirements; and the authority to
				  sign documents has been assigned or delegated to the manager in accordance with
				  corporate procedures;
NOTE: The department does not require specific assignments
					 or delegations of authority to responsible corporate officers identified in
					 Subparagraph A.1.a of this Section. The agency will presume that these
					 responsible corporate officers have the requisite authority to sign permit
					 applications unless the corporation has notified the state administrative
					 authority to the contrary. Corporate procedures governing authority to sign
					 permit applications may provide for assignment or delegation to applicable
					 corporate positions under Subparagraph A.1.b of this Section rather than to
					 specific individuals.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2507 - Concentrated Aquatic Animal Production Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permit Requirement. Concentrated aquatic
				  animal production facilities, as defined in this Section, are point sources
				  subject to the LPDES permit program.
B. Reserved.
C. Case-by-Case Designation of Concentrated
				  Aquatic Animal Production Facilities
1. The
				  state administrative authority may designate any warm or cold water aquatic
				  animal production facility as a concentrated aquatic animal production facility
				  upon determining that it is a significant contributor of pollution to waters of
				  the state. In making this designation the state administrative authority shall
				  consider the following factors:
a. the
				  location and quality of the receiving waters of the state;
b. the holding, feeding, and production
				  capacities of the facility;
c. the
				  quantity and nature of the pollutants reaching waters of the state;
				  and
d. other relevant
				  factors.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2509 - Aquaculture Projects

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permit
				  Requirement. Discharges into aquaculture projects, as defined in this Section,
				  are subject to the LPDES permit program through Section 318 of the CWA, and in
				  accordance with LAC 33:IX.Chapter 39.
B. Definitions
Designated Project Area
- the portions of
					 the waters of the state within which the permittee or permit applicant plans to
					 confine the cultivated species, using a method or plan or operation (including,
					 but not limited to, physical confinement) that, on the basis of reliable
					 scientific evidence, is expected to ensure that specific individual organisms
					 comprising an aquaculture crop will enjoy increased growth attributable to the
					 discharge of pollutants, and be harvested within a defined geographic
					 area.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2511 - Storm Water Discharges

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permit
				  Requirement
1. Prior to October 1, 1994,
				  discharges composed entirely of storm water shall not be required to obtain an
				  LPDES permit except:
a. a discharge with
				  respect to which a permit has been issued prior to February 4, 1987;
b. a discharge associated with industrial
				  activity (see LAC 33:IX.2511.A.4);
c. a discharge from a large municipal
				  separate storm sewer system;
d. a
				  discharge from a medium municipal separate storm sewer system;
e. a discharge which the director, or in
				  states with approved NPDES programs, either the state administrative authority
				  or the EPA regional administrator, determines to contribute to a violation of a
				  water quality standard or is a significant contributor of pollutants to waters
				  of the state. This designation may include a discharge from any conveyance of
				  system of conveyances used for collecting and conveying storm water runoff or a
				  system of discharges from municipal separate storm sewers, except for those
				  discharges from conveyances which do not require a permit under LAC
				  33:IX.2511.A.2 or agricultural storm water runoff which is exempted from the
				  definition of point source at LAC 33:IX.2313. The director may designate
				  discharges from municipal separate storm sewers on a system-wide or
				  jurisdiction-wide basis. In making this determination the director may consider
				  the following factors:
i. the location of the
				  discharge with respect to waters of the state as defined at LAC
				  33:IX.2313.
ii. the size of the
				  discharge;
iii. the quantity and
				  nature of the pollutants discharged to waters of the state; and
iv. other relevant factors.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2513 - Silvicultural Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permit
				  Requirement. Silvicultural point sources, as defined in this Section, are point
				  sources subject to the LPDES permit program.
B. Definitions
Log Sorting and Log Storage Facilities
-
					 facilities whose discharges result from the holding of unprocessed wood, for
					 example, logs or roundwood with bark or after removal of bark held in
					 self-contained bodies of water (mill ponds or log ponds) or stored on land
					 where water is applied intentionally on the logs (wet decking). (See  40 CFR
					 Part 429, Subpart I, including the effluent limitations guidelines).
Rock Crushing and Gravel Washing
					 Facilities
- facilities which process crushed and broken stone, gravel,
					 and riprap (see  40 CFR Part 436, Subpart B, including the effluent limitations
					 guidelines).
Silvicultural Point Source
- any
					 discernible, confined and discrete conveyance related to rock crushing, gravel
					 washing, log sorting, or log storage facilities which are operated in
					 connection with silvicultural activities and from which pollutants are
					 discharged into waters of the state. The term does not include non-point source
					 silvicultural activities such as nursery operations, site preparation,
					 reforestation and subsequent cultural treatment, thinning, prescribed burning,
					 pest and fire control, harvesting operations, surface drainage, or road
					 construction and maintenance from which there is natural runoff. However, some
					 of these activities (such as stream crossing for roads) may involve point
					 source discharges of dredged or fill material which may require a CWA Section
					 404 permit (see  33 CFR 209.120  and Part 233).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2515 - General Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Coverage.
				  The state administrative authority may issue a general permit in accordance
				  with the following.
1. Area. The general
				  permit shall be written to cover one or more categories or subcategories of
				  discharges or sludge use or disposal practices or facilities described in the
				  permit under Subparagraph A.2.b of this Section, except those covered by
				  individual permits, within a geographic area. The area shall correspond to
				  existing geographic or political boundaries, such as:
a. designated planning areas under Sections
				  208 of the CWA;
b. sewer districts
				  or sewer authorities;
c. city,
				  parish, or state political boundaries;
d. state highway systems;
e. standard metropolitan statistical areas as
				  defined by the U.S. Office of Management and Budget;
f. urbanized areas as designated by the
				  Bureau of the Census according to criteria in 30 FR 15202 (May 1, 1974);
				  or
g. any other appropriate
				  division or combination of boundaries.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2517 - What are the objectives of the storm water regulations for small MS4s?

Current through Register Vol. 50, No. 6, June 20, 2024
A. LAC
				  33:IX.2517-2529 are written in a
readable regulation
format
				  that includes both department guidance, which is not legally binding, as well
				  as code requirements. This format is used to make it easier to understand the
				  regulatory requirements. Like other department regulations, this establishes
				  enforceable legal requirements. For these Sections,
I
and
you
refer to the owner/operator. The department has clearly
				  distinguished its recommended guidance from the code requirements by putting
				  the guidance in a separate paragraph headed by the word
guidance
.
B. Under
				  the statutory mandate in Section 402(p)(6) of the Clean Water Act, the purpose
				  of this portion of the storm water program is to designate additional sources
				  that need to be regulated to protect water quality and to establish a
				  comprehensive storm water program to regulate these sources. (Because the storm
				  water program is part of the Louisiana Pollutant Discharge Elimination System
				  (LPDES) program, you should also refer to LAC 33:IX.2311, which addresses the
				  broader purpose of the LPDES program.)
C. Storm water runoff continues to harm the
				  nation's waters. Runoff from lands modified by human activities can harm
				  surface water resources in several ways, including by changing natural
				  hydrologic patterns and by elevating pollutant concentrations and loadings.
				  Storm water runoff may contain or mobilize high levels of contaminants, such as
				  sediment, suspended solids, nutrients, heavy metals, pathogens, toxins,
				  oxygen-demanding substances, and floatables.
D. The department strongly encourages
				  partnerships and the watershed approach as the management framework for
				  efficiently, effectively, and consistently protecting and restoring aquatic
				  ecosystems and protecting public health.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2519 - As an operator of a small MS4, am I regulated under the LPDES Storm Water Program?

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless you
				  qualify for a waiver under Subsection C of this Section, you are regulated if
				  you operate a small MS4 including, but not limited to, systems operated by
				  federal, state, tribal, and local governments, including state departments of
				  transportation, and:
1. your small MS4 is
				  located in an urbanized area as determined by the latest Decennial Census by
				  the Bureau of the Census. (If your small MS4 is not located entirely within an
				  urbanized area, only the portion that is within the urbanized area is
				  regulated); or
2. you are
				  designated by the state administrative authority, including where the
				  designation is based upon a petition under LAC 33:IX.2511.F.4.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2521 - Requirements for Obtaining Permit Coverage for Regulated Small MS4s

Current through Register Vol. 50, No. 6, June 20, 2024
A. The operator of
				  any regulated small MS4 under LAC 33:IX.2519 shall seek coverage under an LPDES
				  permit issued by the state administrative authority.
B. The operator of any regulated small MS4
				  shall seek authorization to discharge under a general or individual LPDES
				  permit, as follows:
1. General Permit Notices
				  of Intent
a. If seeking coverage under a
				  general permit issued by the state administrative authority in accordance with
				  LAC 33:IX.2519, the small MS4 operator shall submit a Notice of Intent (NOI)
				  consistent with LAC 33:IX. 2515.B.2.b. The small MS4 operator may file its own
				  NOI or the small MS4 operator and other municipalities or governmental entities
				  may jointly submit a NOI. If the small MS4 operator wants to share
				  responsibilities for meeting the minimum measures with other municipalities or
				  governmental entities, the small MS4 operator shall submit a NOI that describes
				  which minimum measures it will implement and identify the entities that will
				  implement the other minimum measures within the area served by the MS4. The
				  general permit will explain any other steps necessary to obtain permit
				  authorization.
b. If seeking
				  coverage under a general permit issued by the state administrative authority,
				  in accordance with LAC 33:IX.2515, the small MS4 operator shall submit a NOI to
				  the state administrative authority consisting of the minimum required
				  information in LAC 33:IX.2515.B.2.b, and any other information the state
				  administrative authority identifies as necessary to establish additional terms
				  and conditions that satisfy the permit requirements of LAC 33:IX.2523, such as
				  the information required under LAC 33:IX.2521.B.2.a. The general permit will
				  explain any other steps necessary to obtain permit authorization.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2523 - Permit Requirements for Regulated S mall MS4s

Current through Register Vol. 50, No. 6, June 20, 2024
A. General Requirements. For any permit
				  issued to a regulated small MS4, the state administrative authority shall
				  include permit terms and conditions to reduce the discharge of pollutants from
				  the MS4 to the maximum extent practicable (MEP), to protect water quality and
				  to satisfy the appropriate water quality requirements of the Louisiana Water
				  Control Law and the federal Clean Water Act. Terms and conditions that satisfy
				  the requirements of this Section shall be expressed in clear, specific, and
				  measurable terms. Such terms and conditions may include narrative, numeric, or
				  other types of requirements (e.g., implementation of specific tasks or best
				  management practices (BMPs), BMP design requirements, performance requirements,
				  adaptive management requirements, schedules for implementation, maintenance,
				  and frequency of actions).
1. For permits
				  providing coverage to any small MS4s for the first time, the state
				  administrative authority may specify a time period of up to five years from the
				  date of permit issuance for the permittee to fully comply with the conditions
				  of the permit and to implement necessary BMPs.
2. For each successive permit, the state
				  administrative authority shall include terms and conditions that meet the
				  requirements of this Section based on its evaluation of the current permit
				  requirements, record of permittee compliance and program implementation
				  progress, current water quality conditions, and other relevant
				  information.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2525 - May the operator of a regulated small MS4 share the responsibility to implement the minimum control measures with other entities?

Current through Register Vol. 50, No. 6, June 20, 2024
A. The permittee may rely on another entity
				  to satisfy its LPDES permit obligations to implement a minimum control measure
				  if:
1. the other entity, in fact, implements
				  the control measure;
2. the
				  particular control measure, or component thereof, is at least as stringent as
				  the corresponding LPDES permit requirement; and
3. the other entity agrees to implement the
				  control measure on the permittees behalf. In the reports the permittee shall
				  submit under LAC 33:IX.2523.G.3, the permittee shall also specify it is relying
				  on another entity to satisfy some of the permit obligations. If the permittee
				  is relying on another governmental entity regulated under LAC 33:IX.Chapters
				  23-71 to satisfy all of the permit obligations, including the obligation to
				  file periodic reports required by LAC 33:IX.2523. D.3, the permittee shall note
				  that fact in its NOI, but the permittee is not required to file the periodic
				  reports. The permittee remains responsible for compliance with the permit
				  obligations if the other entity fails to implement the control measure (or
				  component thereof). Therefore, the department encourages the permittee to enter
				  into a legally binding agreement with that entity if the permittee wants to
				  minimize any uncertainty about compliance with the permit.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2527 - As an operator of a regulated small MS4, what happens if I don't comply with the application or permit requirements in LAC 33:IX.2521-2525?

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				  with LAC 33:IX.2701.A violators of provisions of the LPDES system or permit
				  conditions are subject to enforcement actions and penalties. If you are covered
				  as a co-permittee under an individual permit or under a general permit by means
				  of a joint notice of intent, you remain subject to the enforcement actions and
				  penalties for the failure to comply with the terms of the permit in your
				  jurisdiction, except as set forth in LAC 33:IX.2525.B.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 25 - Permit Application Requirements and Special LPDES Program Requirements › Section IX-2529 - Will the small MS4 storm water program regulations at LAC 33:IX.2519-2527 change in the future?

Current through Register Vol. 50, No. 6, June 20, 2024
A. EPA will
				  evaluate the small MS4 regulations at LAC 33:IX.2519-2527 after December 10,
				  2012, and recommend any necessary revisions. Required revisions will then be
				  incorporated into the LPDES program by the Office of Environmental Services.
				  (EPA intends to conduct an enhanced research effort and compile a comprehensive
				  evaluation of the NPDES MS4 storm water program. EPA will re-evaluate the
				  regulations based on data from the NPDES MS4 storm water program, from research
				  on receiving water impacts from storm water, and the effectiveness of BMPs, as
				  well as other relevant information sources.)
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 26 - Water Quality Trading › Section IX-2601 - Purpose, Policy, and Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose.
				  The purpose of this Chapter is to implement a water quality trading (WQT)
				  program and establish minimum requirements and procedures for entities
				  regulated under the Federal Water Pollution Control Act (33 U.S.C.
				  1251 et seq.) and the Louisiana
				  Administrative Code (LAC) to meet pollution control requirements through water
				  quality trading in Louisiana. This Chapter shall apply to all persons and
				  sources that participate in WQT, and to the generation, registration, use, and
				  trading of credits and all trading activities that occur under this
				  program.
B. Policy.
1. WQT shall be conducted consistent with the
				  Federal Water Pollution Control Act (33 U.S.C.
				  1251 et seq.), the LAC, and other relevant
				  state and federal water quality regulations implemented in a manner that:
a. results in a net improvement of water
				  quality;
b. contributes to meeting
				  water quality standards;
c. does
				  not cause or contribute to violation of water quality standards, or impairment
				  of designated uses;
d. does not
				  create localized adverse impacts on water quality and existing and designated
				  uses;
e. is consistent with the
				  antidegradation policy in LAC 33:IX.1109.A;
f. is consistent with local, state, and
				  federal water quality requirements;
g. results in long term improvement in water
				  quality;
h. increases the pace and
				  scale of restoration and attainment of water quality standards; and
i. assists in implementing total maximum
				  daily loads (TMDLs).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 26 - Water Quality Trading › Section IX-2605 - Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. Water quality
				  trading authorized under these regulations may not be used to meet
				  technology-based effluent limitations unless expressly authorized by the
				  underlying effluent guidelines.
B.
				  The department may authorize trading under the following scenarios.
1. Point source-to-point source trades are
				  trades between two permitted point sources that require one permittee to reduce
				  the discharge of pollutants below baseline levels required to generate credits,
				  not to include surplus discharge capacity.
2. Point source-to-nonpoint source trades are
				  trades between a permitted point source and a nonpoint source to reduce the
				  discharge of nonpoint source pollutants below baseline levels required to
				  generate credits.
3. Other types of
				  trades may be approved by the department on a case-by-case basis.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 26 - Water Quality Trading › Section IX-2607 - Requirements of a Water Quality Trading Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a previously authorized watershed
				  trading framework exists (see LAC 33:IX.2609), and is applicable, a WQT plan
				  shall be consistent with the watershed trading framework. A WQT plan may
				  reference the watershed trading framework or components within the watershed
				  trading framework.
B. Absent a
				  watershed trading framework, a permits WQT plan shall include the following
				  components, as appropriate, and shall describe how they were derived:
1. the parameter(s) for trading that is being
				  proposed, the number of credits needed, and any credit generation milestones,
				  including a schedule for credit generation;
2. the trading area, including justification
				  and how it is protective of the relevant designated uses;
3. trading baseline, including identification
				  of any applicable requirements that apply within the trading area and shall be
				  implemented to achieve baseline requirements (the WQT plan shall also identify
				  sources of applicable regulation or law);
4. credit-generating projects, including
				  quality and performance standards for those actions, and if necessary,
				  additional criteria for project site design, maintenance, and
				  stewardship;
5. description of
				  credit quantification methodology, including how pre- and post-project
				  conditions are modeled or measured, the assumptions and inputs used to derive
				  the number of credits, and how baseline will be accounted for;
6. monitoring and reporting requirements,
				  including parameters to be monitored, monitoring frequency, type of sample
				  required, physical form of the report, and any other trading-related monitoring
				  that may be appropriate in addition to Clean Water Act (CWA) monitoring
				  requirements;
7. trading ratios,
				  including description of the basis and assumptions supporting each trading
				  ratio and whether it affects the size of the credit obligation or the number of
				  credits generated from an individual trading project;
8. other mechanisms to mitigate risk of
				  insufficient credit generation, including a reserve pool, insurance,
				  performance bonding, etc. as well as justification for the selection and
				  application of the given mechanisms;
9. credit life information, including when
				  credits became valid, how long credits remain valid, and renewability of
				  credits;
10. requirements for
				  review of project site implementation and performance, and the entity that will
				  perform the review, review frequency and content, and the performance standards
				  that are evaluated; and
11.
				  adaptive management (WQT plans shall include a description of how monitoring
				  and other information may be used over time to adjust trading projects and
				  under what circumstances).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 26 - Water Quality Trading › Section IX-2609 - Watershed Trading Frameworks

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department may establish watershed trading frameworks for one or more
				  watersheds in any TMDL, TMDL implementation plan, independent state water
				  quality management plan, or by a separate agency order to describe details of
				  watershed-level trading processes and standards.
B. A watershed trading framework shall
				  specify those pollutants that are subject to trading, the trading area,
				  regulations, and applicable TMDL allocations and implementation schedules that
				  will be used to derive trading baseline within that watershed.
C. The department shall provide an
				  opportunity for public notice and comment before approving a watershed trading
				  framework.
D. A watershed trading
				  framework is not required in order for the department to approve a WQT
				  plan.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2074(B)(9).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 26 - Water Quality Trading › Section IX-2611 - Requirements for Trading Baselines

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The requirements that comprise a trading baseline may be derived from:
1. technology-based effluent limit or water
				  quality based effluent limits, whichever is more stringent, for point-point
				  source trades that does not include surplus discharge capacity;
2. LPDES permit requirements;
3. requirements of a federal land management
				  plan, or an agreement between a federal agency and the state;
4. tribal laws, rules, or permits;
5. projects completed as part of supplemental
				  environmental projects or projects required under a permit;
6. regulatory requirements that a designated
				  management agency establishes to comply with a department-issued TMDL, water
				  quality management plan, or another water pollution control plan adopted by
				  rule or issued by order under the department;
7. other federal, state, and local rules or
				  laws that establish affirmative requirements for individual nonpoint sources;
				  and
8. existing conditions where no
				  TMDL/TMDL alternative exists.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 26 - Water Quality Trading › Section IX-2613 - Requirements for Trading Areas

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  trading area shall be defined ecologically where a pollution reduction in one
				  part of the area can be linked to a pollutant being traded that results in a
				  net water quality improvement at a point of compliance, which can be
				  demonstrated using accepted and verified model or real-time data.
B. A trading area shall be defined to reduce
				  the risk of localized or downstream water quality impairments or localized or
				  downstream impacts.
C. Trading
				  areas shall be developed, documented, and included in a WQT plan on a
				  case-by-case basis.
D. Trading
				  areas shall be consistent with any applicable TMDL or TMDL
				  alternative.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2074(B)(9).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 26 - Water Quality Trading › Section IX-2615 - Quantification of Benefits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  permittee and creditors will quantify the water quality benefits of a trading
				  project based on estimated values for specific types of BMPs, modeling specific
				  to the watershed trading framework or project, and/or by measuring the water
				  quality benefits of a trading project by direct monitoring of pollutant
				  reductions.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2074(B)(9).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 26 - Water Quality Trading › Section IX-2617 - Requirements for Trading Ratios

Current through Register Vol. 50, No. 6, June 20, 2024
A. WQT
				  shall include one or more trading ratios that apply to credits. Ratio
				  components and underlying assumptions shall be clearly documented in the WQT
				  plan.
B. Trading ratios may be used
				  to account for variables associated with a trading project including, but not
				  limited to the following:
1. taking into
				  account risk of project failure;
2.
				  BMP effectiveness;
3. measurement
				  uncertainty;
4. in-stream
				  attenuation of a pollutant between the locations of the generator and the user
				  of credits;
5. temporal
				  variability;
6. pollutant
				  equivalency; and
7. credit
				  retirement for environmental benefit.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 26 - Water Quality Trading › Section IX-2619 - Requirements for Credits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department may authorize two types of credits dependent on the credit baseline.
1. Long-term credits shall be available above
				  the credit baseline so long as the project that generates the credit is
				  maintained and meets performance standards.
2. Interim credits shall be available for
				  nonpoint sources to reach the load allocation of a TMDL for up to five
				  years.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 27 - LPDES Permit Conditions › Section IX-2701 - Conditions Applicable to All Permits

Current through Register Vol. 50, No. 6, June 20, 2024
The following conditions apply to all LPDES permits.
					 Additional conditions applicable to LPDES permits are in LAC 33:IX.2703. All
					 conditions applicable to LPDES permits shall be incorporated into the permits
					 either expressly or by reference. If incorporated by reference, a specific
					 citation to these regulations (or the corresponding approved state regulations)
					 must be given in the permit.
A. Duty
				  to Comply. The permittee must comply with all conditions of this permit. Any
				  permit noncompliance constitutes a violation of the CWA and the LEQA and is
				  grounds for enforcement action; for permit termination, revocation and
				  reissuance, or modification; or denial of a permit renewal application.
1. The permittee shall comply with effluent
				  standards or prohibitions established under Section 307(a) of the CWA for toxic
				  pollutants and with standards for sewage sludge use or disposal established
				  under Section 405(d) of the CWA within the time provided in the regulations
				  that establish these standards or prohibitions or standards for sewage sludge
				  use or disposal, even if the permit has not yet been modified to incorporate
				  the requirement.
2.R.S. 30:2025 provides
				  for civil penalties for violations of these regulations and the LEQA.
				  R.S.
				  30:2076.2 provides for criminal penalties for
				  violation of any provisions of the Louisiana Pollutant Discharge Elimination
				  System or any order or any permit condition or limitation issued under or
				  implementing any provisions of the LPDES program.
3. Any person may be assessed an
				  administrative penalty by the state administrative authority under
				  R.S.
				  30:2025 for violating any permit condition or
				  limitation implementing any of requirement of the LPDES Program in a permit
				  issued under these regulations or the LEQA.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 27 - LPDES Permit Conditions › Section IX-2703 - Additional Conditions Applicable to Specified Categories of LPDES Permits

Current through Register Vol. 50, No. 6, June 20, 2024
The following conditions, in addition to those set forth
					 in LAC 33:IX.2701, apply to all LPDES permits within the categories specified
					 below.
A. Existing Manufacturing,
				  Commercial, Mining, and Silvicultural Dischargers. In addition to the reporting
				  requirements under LAC 33:IX.2701.L, all existing manufacturing, commercial,
				  mining, and silvicultural dischargers must notify the Office of Environmental
				  Services as soon as they know or have reason to believe:
1. that any activity has occurred or will
				  occur which would result in the discharge, on a routine or frequent basis, of
				  any toxic pollutant which is not limited in the permit, if that discharge will
				  exceed the highest of the following notification levels:
a. 100 micrograms per liter (100
				  [MICRO]g/L);
b. 200 micrograms per
				  liter (200 [MICRO]g/L) for acrolein and acrylonitrile; 500 micrograms per liter
				  (500 [MICRO]g/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and
				  1 milligram per liter (1 mg/L) for antimony;
c. five times the maximum concentration value
				  reported for that pollutant in the permit application in accordance with LAC
				  33:IX.2501.G.7; or
d. the level
				  established by the state administrative authority in accordance with LAC
				  33:IX.2707.F;
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 27 - LPDES Permit Conditions › Section IX-2705 - Establishing Permit Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  In addition to conditions required in all permits (LAC 33:IX., 2701, and 2703),
				  the state administrative authority shall establish conditions, as required on a
				  case-by-case basis, to provide for and assure compliance with all applicable
				  requirements of the CWA and regulations. These shall include conditions under
				  LAC 33:IX.2711 (duration of permits), LAC 33:IX.2713.A (schedules of
				  compliance), LAC 33:IX.2715 (monitoring), LAC 33:IX.2713.B (alternate schedules
				  of compliance) and for EPA permits only
				  40 CFR
				  122.49 (considerations under federal
				  law).
B.
1. For a state issued permit, an applicable
				  requirement is a state statutory or regulatory requirement that takes effect
				  prior to final administrative disposition of a permit. For a permit issued by
				  EPA, an applicable requirement is a statutory or regulatory requirement
				  (including any interim final regulation) that takes effect prior to the
				  issuance of the permit. LAC 33:IX.3121 for the state and
				  40 CFR
				  124.14 for EPA (reopening of comment period)
				  provides a means for reopening permit proceedings at the discretion of the
				  state administrative authority when new requirements become effective during
				  the permitting process and are of sufficient magnitude to make additional
				  proceedings desirable. For state-administered and EPA-administered programs, an
				  applicable requirement is also any requirement that takes effect prior to the
				  modification or revocation and reissuance of a permit, to the extent allowed in
				  LAC 33:IX.2903.
2. New or reissued
				  permits, and to the extent allowed under LAC 33:IX.2903 modified or revoked and
				  reissued permits, shall incorporate each of the applicable requirements
				  referenced in LAC 33:IX.2707 and 2709.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 27 - LPDES Permit Conditions › Section IX-2707 - Establishing Limitations, Standards, and Other Permit Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Technology-based effluent limitations and
				  standards based on effluent limitations and standards promulgated under
				  Section
				  301 of the CWA or new source
				  performance standards promulgated under Section 306 of the CWA, on case-by-case
				  effluent limitations determined under Section 402(a)(1) of the CWA, or on a
				  combination of the three, in accordance with LAC 33:IX.3705. For new sources or
				  new dischargers, these technology-based limitations and standards are subject
				  to the provisions of
				  40 CFR
				  122.29(d) (protection
				  period).
2. Monitoring Waivers for
				  Certain Guideline-Listed Pollutants
a. The
				  state administrative authority may authorize a discharger subject to
				  technology-based effluent limitations guidelines and standards in a LPDES
				  permit to forego sampling of a pollutant found in LAC 33:IX.4903 if the
				  discharger has demonstrated through sampling and other technical factors that
				  the pollutant is not present in the discharge or is present only at background
				  levels from intake water and without any increase in the pollutant due to
				  activities of the discharger.
b.
				  This waiver is good only for the term of the permit and is not available during
				  the term of the first permit issued to a discharger.
c. Any request for this waiver must be
				  submitted when applying for a reissued permit or modification of a reissued
				  permit. The request must demonstrate through sampling or other technical
				  information, including information generated during an earlier permit term,
				  that the pollutant is not present in the discharge or is present only at
				  background levels from intake water and without any increase in the pollutant
				  due to activities of the discharger.
d. Any grant of the monitoring waiver must be
				  included in the permit as an express permit condition and the reasons
				  supporting the grant must be documented in the permit's fact sheet or statement
				  of basis.
e. This provision does
				  not supersede certification processes and requirements already established in
				  existing effluent limitations guidelines and standards.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 27 - LPDES Permit Conditions › Section IX-2711 - Duration of Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. LPDES
				  permits shall be effective for a fixed term not to exceed five years.
B. Except as provided in LAC 33:IX.2321, the
				  term of a permit shall not be extended by modification beyond the maximum
				  duration specified in this Section.
C. The state administrative authority may
				  issue any permit for a duration that is less than the full allowable term under
				  this Section.
D. A permit may be
				  issued to expire on or after the statutory deadline set forth in CWA Section
				  301(b)(2)(A), (C), and (E) (July 1, 1984), if the permit includes effluent
				  limitations to meet the requirements of Section 301(b)(2)(A), (C), (D), (E) and
				  (F) of the CWA, whether or not applicable effluent limitations guidelines have
				  been promulgated or approved.
E. A
				  determination that a particular discharger falls within a given industrial
				  category for purposes of setting a permit expiration date under LAC
				  33:IX.2711.D is not conclusive as to the discharger's inclusion in that
				  industrial category for any other purposes, and does not prejudice any rights
				  to challenge or change that inclusion at the time that a permit based on that
				  determination is formulated.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Section
					 2074(B)(3) and (B)(4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 27 - LPDES Permit Conditions › Section IX-2713 - Schedules of Compliance

Current through Register Vol. 50, No. 6, June 20, 2024
A. General.
				  The permit may, when appropriate, specify a schedule of compliance leading to
				  compliance with the CWA and regulations.
1.
				  Time for Compliance. Any schedules of compliance under this Section shall
				  require compliance as soon as possible, but not later than the applicable
				  statutory deadline under the CWA.
2. The first LPDES permit issued to a new
				  source or a new discharger shall contain a schedule of compliance only when
				  necessary to allow a reasonable opportunity to attain compliance with
				  requirements issued or revised after commencement of construction but less than
				  three years before commencement of the relevant discharge. For recommencing
				  dischargers, a schedule of compliance shall be available only when necessary to
				  allow a reasonable opportunity to attain compliance with requirements issued or
				  revised less than three years before recommencement of discharge.
3. Interim Dates. Except as provided in LAC
				  33:IX.2713.B.1.b, if a permit establishes a schedule of compliance which
				  exceeds one year from the date of permit issuance, the schedule shall set forth
				  interim requirements and the dates for their achievement.
a. The time between interim dates shall not
				  exceed one year, except that in the case of a schedule for compliance with
				  standards for sewage sludge use and disposal, the time between interim dates
				  shall not exceed six months.
b. If
				  the time necessary for completion of any interim requirement (such as the
				  construction of a control facility) is more than one year and is not readily
				  divisible into stages for completion, the permit shall specify interim dates
				  for the submission of reports of progress toward completion of the interim
				  requirements and indicate a projected completion date.
Note: Examples of interim requirements include:
(a). Submit a complete Step 1 construction
				  grant (for POTWs);
(b). let a
				  contract for construction of required facilities;
(c). commence construction of required
				  facilities;
(d). complete
				  construction of required facilities.
4. Reporting. The permit shall be written to
				  require that no later than 14 days following each interim date and the final
				  date of compliance, the permittee shall notify the state administrative
				  authority in writing of its compliance or noncompliance with the interim or
				  final requirements, or submit progress reports if LAC 33:IX.2713.A.3.b is
				  applicable.