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 27 - LPDES Permit Conditions › Section IX-2715 - Requirements for Recording and Reporting of Monitoring Results

Current through Register Vol. 50, No. 6, June 20, 2024
A. All permits
				  shall specify:
1. requirements concerning the
				  proper use, maintenance, and installation, when appropriate, of monitoring
				  equipment or methods (including biological monitoring methods when
				  appropriate);
2. required
				  monitoring including type, intervals, and frequency sufficient to yield data
				  which are representative of the monitored activity including, when appropriate,
				  continuous monitoring;
3.
				  applicable reporting requirements based upon the impact of the regulated
				  activity and as specified in LAC 33:IX.2707. Reporting shall be no less
				  frequent than specified in the above regulation.
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-2717 - Disposal of Pollutants into Wells, Publicly Owned Treatment Works or by Land Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. When
				  part of a discharger's process wastewater is not being discharged into waters
				  of the state or contiguous zone because it is disposed into a well, into a
				  POTW, or by land application thereby reducing the flow or level of pollutants
				  being discharged into waters of the state, applicable effluent standards and
				  limitations for the discharge in an LPDES permit shall be adjusted to reflect
				  the reduced raw waste resulting from such disposal. Effluent limitations and
				  standards in the permit shall be calculated by one of the following methods.
1. If none of the waste from a particular
				  process is discharged into waters of the state, and effluent limitations
				  guidelines provide separate allocation for wastes from that process, all
				  allocations for the process shall be eliminated from calculation of permit
				  effluent limitations or standards.
2. In all cases other than those described in
				  LAC 33:IX.2717.A.1, effluent limitations shall be adjusted by multiplying the
				  effluent limitation derived by applying effluent limitation guidelines to the
				  total waste stream by the amount of wastewater flow to be treated and
				  discharged into waters of the state, and dividing the result by the total
				  wastewater flow. Effluent limitations and standards so calculated may be
				  further adjusted under LAC 33:IX.Chapter 43 to make them more or less stringent
				  if discharges to wells, publicly owned treatment works, or by land application
				  change the character or treatability of the pollutants being discharged to
				  receiving waters. This method may be algebraically expressed as:
P=E x N / T
where:
P = the permit effluent limitation,
E = the limitation derived by applying effluent guidelines
					 to the total wastestream,
N = the wastewater flow to be treated and discharged to
					 waters of the state, and
T = the total wastewater flow.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 29 - Transfer, Modification, Revocation and Reissuance, and Termination of LPDES Permits › Section IX-2901 - Transfer of Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Transfers by
				  Modification. A permit may be transferred by the permittee to a new owner or
				  operator only if the permit has been modified or revoked and reissued (under
				  LAC 33:IX.2903.A.2.b), or a minor modification has been made (under LAC
				  33:IX.2905 and in accordance with LAC 33:I.Chapter 19) to identify the new
				  permittee and incorporate such other requirements as may be necessary under the
				  CWA and the LEQA.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et seq., and in particular Sections
					 2074(B)(3) and (4)
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 29 - Transfer, Modification, Revocation and Reissuance, and Termination of LPDES Permits › Section IX-2905 - Minor Modifications of Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the consent of the permittee, the
				  state administrative authority may modify a permit to make the corrections or
				  allowances for changes in the permitted activity listed in this Section,
				  without following the procedures of LAC 33:IX.Chapters 31-35. Any permit
				  modification not processed as a minor modification under this Section must be
				  made for cause and with LAC 33:IX.Chapters 31-35 draft permit and public notice
				  as required in LAC 33:IX.2903. Minor modifications may only:
1. correct typographical errors;
2. require more frequent monitoring or
				  reporting by the permittee;
3.
				  change an interim compliance date in a schedule of compliance, provided the new
				  date is not more than 120 days after the date specified in the existing permit
				  and does not interfere with attainment of the final compliance date
				  requirement; or
4. allow for a
				  change in ownership or operational control of a facility, in accordance with
				  LAC 33:I.Chapter 19, where the state administrative authority determines that
				  no other change in the permit is necessary;
5.
a.
				  change the construction schedule for a discharger which is a new source. No
				  such change shall affect a discharger's obligation to have all pollution
				  control equipment installed and in operation prior to discharge under
				  40 CFR
				  122.29;
b. delete a point source outfall when the
				  discharge from that outfall is terminated and does not result in discharge of
				  pollutants from other outfalls except in accordance with permit
				  limits;
6.
				  Reserved.
7. incorporate conditions
				  of a POTW pretreatment program that has been approved in accordance with the
				  procedures in LAC 33:IX.6121 (or a modification thereto that has been approved
				  in accordance with the procedures in LAC 33:IX.6135) as enforceable conditions
				  of the POTW's permit; and
8.
				  incorporate changes to the terms of a CAFO's nutrient management plan that have
				  been revised in accordance with the requirements of LAC
				  33:IX.2703.E.6.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 29 - Transfer, Modification, Revocation and Reissuance, and Termination of LPDES Permits › Section IX-2907 - Termination of Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  following are causes for terminating a permit during its term, or for denying a
				  permit renewal application:
1. noncompliance
				  by the permittee with any condition of the permit;
2. the permittee's failure in the application
				  or during the permit issuance process to disclose fully all relevant facts, or
				  the permittee's misrepresentation of any relevant facts at any time;
3. a determination that the permitted
				  activity endangers human health or the environment and can only be regulated to
				  acceptable levels by permit modification or termination;
4. a change in any condition that requires
				  either a temporary or a permanent reduction or elimination of any discharge or
				  sludge use or disposal practice controlled by the permit (for example, plant
				  closure or termination of discharge by connection to a POTW); or
5. additional causes of termination contained
				  in LAC 33:IX.6509.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 31 - General LPDES Program Requirements › Section IX-3103 - Application for a Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Any person who requires a permit under the
				  LPDES, program shall complete, sign, and submit to the
director
* an application for each permit required under LAC
				  33:IX.2311. Applications are not required for LPDES general permits (LAC
				  33:IX.2515).
2. The
director
* shall not begin the processing of a permit until the
				  applicant has fully complied with the application requirements for that permit
				  (see LAC 33:IX.2501).
3. Permit
				  applications must comply with the signature and certification requirements of
				  LAC 33:IX.2503.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 31 - General LPDES Program Requirements › Section IX-3105 - Modification, Revocation and Reissuance, or Termination of Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permits may be
				  modified, revoked and reissued, or terminated either at the request of any
				  interested person (including the permittee) or upon the state administrative
				  authority's initiative. However, permits may only be modified, revoked and
				  reissued, or terminated for the reasons specified in LAC 33:IX.2903, 2907, or
				  6509. All requests shall be in writing and shall contain facts or reasons
				  supporting the request.
B.
1. If the state administrative authority
				  tentatively decides to modify or revoke and reissue a permit under LAC
				  33:IX.2903, he or she shall prepare a draft permit under LAC 33:IX.3107
				  incorporating the proposed changes. The state administrative authority may
				  request additional information and, in the case of a modified permit, may
				  require the submission of an updated application. In the case of revoked and
				  reissued permits, the state administrative authority shall require the
				  submission of a new application.
2.
				  In a permit modification under this Section, only those conditions to be
				  modified shall be reopened when a new draft permit is prepared. All other
				  aspects of the existing permit shall remain in effect for the duration of the
				  unmodified permit. When a permit is revoked and reissued under this Section,
				  the entire permit is reopened just as if the permit had expired and was being
				  reissued. During any revocation and reissuance proceeding the permittee shall
				  comply with all conditions of the existing permit until a new final permit is
				  reissued.
3. Minor modifications as
				  defined in LAC 33:IX.2905, are not subject to the requirements of this
				  Section.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 31 - General LPDES Program Requirements › Section IX-3107 - Draft Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Once an
				  application is complete, the state administrative authority shall tentatively
				  decide whether to prepare a draft permit or to deny the application.
B. If the state administrative authority
				  tentatively decides to issue an LPDES general permit, he or she shall prepare a
				  draft general permit under LAC 33:IX.3107.C.
C. If the state administrative authority
				  decides to prepare a draft permit, he or she shall prepare a draft permit that
				  contains the following information:
1. all
				  conditions under LAC 33:IX.2701 and 2705;
2. all compliance schedules under LAC
				  33:IX.2713;
3. all monitoring
				  requirements under LAC 33:IX.2715; and
4. for LPDES permits, effluent limitations,
				  standards, prohibitions, standards for sewage sludge use or disposal, and
				  conditions under LAC 33:IX.2701, 2703, and 2707, including when applicable any
				  conditions certified by a state agency under
				  40 CFR
				  124.55, and all variances that are to be
				  included under
				  40
				  CFR 124.63.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 31 - General LPDES Program Requirements › Section IX-3109 - Statement of Basis

Current through Register Vol. 50, No. 6, June 20, 2024
A. The DEQ shall
				  prepare a statement of basis for every draft permit for which a fact sheet
				  under LAC 33:IX.3111 is not prepared. The statement of basis shall briefly
				  describe the derivation of the conditions of the draft permit and the reasons
				  for them or, in the case of notices of intent to deny or terminate, reasons
				  supporting the tentative decision. The statement of basis shall be sent to the
				  applicant and, on request, to any other person.
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 31 - General LPDES Program Requirements › Section IX-3111 - Fact Sheet

Current through Register Vol. 50, No. 6, June 20, 2024
A. A fact sheet
				  shall be prepared for every draft permit for a major LPDES facility or
				  activity, for every LPDES general permit (LAC 33:IX.2515), for every LPDES
				  draft permit that incorporates a variance or requires an explanation under LAC
				  33:IX.3305.C, for every draft permit that includes a sewage sludge land
				  application plan under
				  40 CFR
				  501.15(a)(2)(ix), and for
				  every draft permit which the state administrative authority finds is the
				  subject of wide-spread public interest or raises major issues. The fact sheet
				  shall briefly set forth the principal facts and the significant factual, legal,
				  methodological and policy questions considered in preparing the draft permit.
				  The state administrative authority shall send this fact sheet to the applicant
				  and, on request, to any other person.
B. The fact sheet shall include, when
				  applicable:
1. a brief description of the
				  type of facility or activity which is the subject of the draft
				  permit;
2. the type and quantity of
				  wastes, fluids, or pollutants which are proposed to be or are being treated,
				  stored, disposed of, injected, emitted, or discharged;
3. Reserved.
4. a brief summary of the basis for the draft
				  permit conditions including references to applicable statutory or regulatory
				  provisions and appropriate supporting references to the administrative record
				  required by
				  40
				  CFR 124.9 (for EPA-issued permits);
5. reasons why any requested variances or
				  alternatives to required standards do or do not appear justified;
6. a description of the procedures for
				  reaching a final decision on the draft permit including:
a. the beginning and ending dates of the
				  comment period under LAC 33:IX.3113 and the address where comments will be
				  received;
b. procedures for
				  requesting a hearing and the nature of that hearing; and
c. any other procedures by which the public
				  may participate in the final decision;
7. name and telephone number of a person to
				  contact for additional information;
8. provisions satisfying the requirements of
				  LAC 33:IX.3305;
9. additional
				  requirements found in LAC 33:IX.6519; and
10. justification for waiver of any
				  application requirements under LAC 33:IX:2501.J or Q.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 31 - General LPDES Program Requirements › Section IX-3113 - Public Notice of Permit Actions and Public Comment Period

Current through Register Vol. 50, No. 6, June 20, 2024
A. Scope
1.
				  The state administrative authority shall give public notice that the following
				  actions have occurred:
a. a draft permit has
				  been prepared under LAC 33:IX.3107.C; or
b. a hearing has been scheduled under LAC
				  33:IX.3117.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 31 - General LPDES Program Requirements › Section IX-3115 - Public Comments and Requests for Public Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. During the public comment period provided
				  under LAC 33:IX.3113, any interested person may submit written comments to the
				  Office of Environmental Services on the draft permit and may request a public
				  hearing, if no hearing has already been scheduled. A request for a public
				  hearing shall be in writing and shall state the nature of the issues proposed
				  to be raised in the hearing. All comments shall be considered in making the
				  final decision and shall be answered as provided in LAC 33:IX.3125.
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 31 - General LPDES Program Requirements › Section IX-3117 - Public Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. The state administrative authority shall
				  hold a public hearing whenever he or she finds, on the basis of requests, a
				  significant degree of public interest in a draft permit(s).
2. The state administrative authority may
				  also hold a public hearing at his or her discretion, whenever, for instance,
				  such a hearing might clarify one or more issues involved in the permit
				  decision.
3. Reserved.
4. Public notice of the hearing shall be
				  given as specified in LAC 33:IX.3113.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 31 - General LPDES Program Requirements › Section IX-3119 - Obligation to Raise Issues and Provide Information during the Public Comment Period

Current through Register Vol. 50, No. 6, June 20, 2024
A. All persons,
				  including applicants, who believe any condition of a draft permit is
				  inappropriate or that the state administrative authority's tentative decision
				  to deny an application, terminate a permit, or prepare a draft permit is
				  inappropriate, must raise all reasonably ascertainable issues and submit all
				  reasonably available arguments supporting their position by the close of the
				  public comment period (including any public hearing) under LAC 33:IX.3113. Any
				  supporting materials which are submitted shall be included in full and may not
				  be incorporated by reference, unless they are already part of the
				  administrative record in the same proceeding, or consist of state or federal
				  statutes and regulations, EPA documents of general applicability, or other
				  generally available reference materials. Commenters shall make supporting
				  materials not already included in the administrative record available to DEQ as
				  directed by the state administrative authority. (A comment period longer than
				  30 days may be necessary to give commenters a reasonable opportunity to comply
				  with the requirements of this Section. Additional time shall be granted under
				  LAC 33:IX.3113 to the extent that a commenter who requests additional time
				  demonstrates the need for such time.)
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 31 - General LPDES Program Requirements › Section IX-3121 - Reopening of the Public Comment Period

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. The
				  state administrative authority may order the public comment period reopened if
				  the procedures of this Subsection could expedite the decision making process.
				  When the public comment period is reopened under this Paragraph, all persons,
				  including applicants, who believe any condition of a draft permit is
				  inappropriate or that the state administrative authority's tentative decision
				  to deny an application, terminate a permit, or prepare a draft permit is
				  inappropriate, must submit all reasonably available factual grounds supporting
				  their position, including all supporting material, by a date, not less than 60
				  days after public notice under LAC 33:IX.3121.A.2, set by the state
				  administrative authority. Thereafter, any person may file a written response to
				  the material filed by any other person, by a date, not less than 20 days after
				  the date set for filing of the material, set by the state administrative
				  authority.
2. Public notice of any
				  comment period under this Subsection shall identify the issues to which the
				  requirements of LAC 33:IX.3121.A shall apply.
3. On his own motion or on the request of any
				  person, the state administrative authority may direct that the requirements of
				  LAC 33:IX.3121.A.1 shall apply during the initial comment period where it
				  reasonably appears that issuance of the permit will be contested and that
				  applying the requirements of LAC 33:IX.3121.A.1 will substantially expedite the
				  decisionmaking process. The notice of the draft permit shall state whenever
				  this has been done.
4. A comment
				  period of longer than 60 days will often be necessary in complicated
				  proceedings to give commenters a reasonable opportunity to comply with the
				  requirements of this Section. Commenters may request longer comment periods and
				  they shall be granted under LAC 33:IX.3113 to the extent they appear
				  necessary.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 31 - General LPDES Program Requirements › Section IX-3123 - Issuance and Effective Date of Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. After the close of the public comment
				  period under LAC 33:IX.3113 on a draft permit, the state administrative
				  authority shall issue a final permit decision. The state administrative
				  authority shall notify the applicant and each person who has submitted written
				  comments or requested notice of the final permit decision. This notice shall
				  include reference to the procedures for appealing a decision on an LPDES
				  permit. For the purposes of this Section a final permit decision means a final
				  decision to issue, deny, modify, or revoke and reissue, or terminate a
				  permit.
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 31 - General LPDES Program Requirements › Section IX-3125 - Response to Comments

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the time
				  that any final permit decision is issued under LAC 33:IX.3123, the state
				  administrative authority shall issue a response to comments. States are only
				  required to issue a response to comments when a final permit is issued. This
				  response shall:
1. specify which provisions,
				  if any, of the draft permit have been changed in the final permit decision, and
				  the reasons for the change; and
2.
				  briefly describe and respond to all significant comments on the draft permit
				  raised during the public comment period, or during any hearing.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 33 - Specific Decisionmaking Procedures Applicable to LPDES Permits › Section IX-3301 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. LAC
				  33:IX.Chapters 31-35 sets forth additional requirements and procedures for
				  decision making for the LPDES program.
B. Decisions on LPDES variance requests
				  ordinarily will be made during the permit issuance process. Variances and other
				  changes in permit conditions ordinarily will be decided through the same
				  notice-and-comment and hearing procedures as the basic permit.
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 33 - Specific Decisionmaking Procedures Applicable to LPDES Permits › Section IX-3303 - Permits Required on a Case-by-Case Basis

Current through Register Vol. 50, No. 6, June 20, 2024
A. Various sections of LAC 33:IX.Chapter 25
				  allow the state administrative authority to determine, on a case-by-case basis,
				  that certain concentrated animal feeding operations (LAC 33:IX.2505),
				  concentrated aquatic animal production facilities (LAC 33:IX.2507), storm water
				  discharges (LAC 33:IX.2511), and certain other facilities covered by general
				  permits (LAC 33:IX.2515) that do not generally require an individual permit may
				  be required to obtain an individual permit because of their contributions to
				  water pollution.
B. Whenever the
				  state administrative authority decides that an individual permit is required
				  under this Section, except as provided in LAC 33:IX.3303.C, the state
				  administrative authority shall notify the discharger in writing of that
				  decision and the reasons for it, and shall send an application form with the
				  notice. The discharger must apply for a permit under LAC 33:IX.2501 within 60
				  days of notice, unless permission for a later date is granted by the state
				  administrative authority. The question whether the designation was proper will
				  remain open for consideration during the public comment period under LAC
				  33:IX.3115 and in any subsequent hearing.
C. Prior to a case-by-case determination that
				  an individual permit is required for a storm water discharge under this Section
				  (see LAC 33:IX.2511.A.1.e, C.1.e, and G.1.a), the state administrative
				  authority may require the discharger to submit a permit application or other
				  information regarding the discharge under Section 308 of the CWA. In requiring
				  such information, the state administrative authority shall notify the
				  discharger in writing and shall send an application form with the notice. The
				  discharger must apply for a permit within 180 days of notice, unless permission
				  for a later date is granted by the state administrative authority. The question
				  whether the initial designation was proper will remain open for consideration
				  during the public comment period under LAC 33:IX.3115 and in any subsequent
				  hearing.
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 33 - Specific Decisionmaking Procedures Applicable to LPDES Permits › Section IX-3305 - Fact Sheets

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition
				  to meeting the requirements of LAC 33:IX.3111, LPDES fact sheets shall contain:
1. any calculations or other necessary
				  explanation of the derivation of specific effluent limitations and conditions
				  or standards for sewage sludge use or disposal, including a citation to the
				  applicable effluent limitation guideline, performance standard, or standard for
				  sewage sludge use or disposal as required by LAC 33:IX.3115 and reasons why
				  they are applicable or an explanation of how the alternate effluent limitations
				  were developed;
2.
a. when the draft permit contains any of the
				  following conditions, an explanation of the reasons why such conditions are
				  applicable:
i. limitations to control toxic
				  pollutants under LAC 33:IX.2707.E;
ii. limitations on internal waste streams
				  under LAC 33:IX.2709.I;
iii.
				  limitations on indicator pollutants under LAC 33:IX.3705.G;
iv. limitations set on a case-by-case basis
				  under LAC 33:IX.3705.C.2 or 3, or in accordance with Section 405(d)(4) of the
				  CWA;
v. limitations to meet the
				  criteria for permit issuance under LAC 33:IX.2317.A.9; or
vi. waivers from monitoring requirements
				  granted under LAC 33:IX.2707.A;
b. for every permit to be issued to a
				  treatment works owned by a person other than a state or municipality, an
				  explanation of the state administrative authority's decision on regulation of
				  users under LAC 33:IX.2707.M;
3. when appropriate, a sketch or detailed
				  description of the location of the discharge or regulated activity described in
				  the application;
4. for EPA-issued
				  NPDES permits, the requirements of any state certification under
				  40 CFR
				  124.53; and
5. for permits that include a sewage sludge
				  land application plan under
				  40 CFR
				  501.15(a)(2)(ix), a brief
				  description of how each of the required elements of the land application plan
				  are addressed in the permit.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 33 - Specific Decisionmaking Procedures Applicable to LPDES Permits › Section IX-3307 - Public Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. CWA Section
				  316(a) Requests. In addition to the information required under LAC
				  33:IX.3113.D.1, public notice of an LPDES draft permit for a discharge where a
				  CWA Section 316(a) request has been filed shall include:
1. a statement that the thermal component of
				  the discharge is subject to effluent limitations under CWA
				  Section
				  301 and a brief description,
				  including a quantitative statement, of the thermal effluent limitations
				  proposed under CWA
				  Section
				  301 or 306;
2. a statement that a CWA Section 316(a)
				  request has been filed and that alternative less stringent effluent limitations
				  may be imposed on the thermal component of the discharge under CWA Section
				  316(a) and a brief description, including a quantitative statement, of the
				  alternative effluent limitations, if any, included in the request;
				  and
3. if the applicant has filed
				  an early screening request under LAC 33:IX.4505 for a CWA Section 316(a)
				  variance, a statement that the applicant has submitted such a plan.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 33 - Specific Decisionmaking Procedures Applicable to LPDES Permits › Section IX-3309 - Conditions Requested by the Corps of Engineers and Other Government Agencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. If during
				  the comment period for an LPDES draft permit, the district engineer advises the
				  state administrative authority in writing that anchorage and navigation of any
				  of the waters of the United States (see
				  40
				  CFR 122.2)  would be substantially impaired
				  by the granting of a permit, the permit shall be denied and the applicant so
				  notified. If the District Engineer advised the state administrative authority
				  that imposing specified conditions upon the permit is necessary to avoid any
				  substantial impairment of anchorage or navigation, then the state
				  administrative authority shall include the specified conditions in the permit.
				  Review or appeal of denial of a permit or of conditions specified by the
				  District Engineer shall be made through the applicable procedures of the Corps
				  of Engineers, and may not be made through the procedures provided in this LAC
				  33:IX.Chapters 31-35. If the conditions are stayed by a court of competent
				  jurisdiction or by applicable procedures of the Corps of Engineers, those
				  conditions shall be considered stayed in the LPDES permit for the duration of
				  that stay.
B. If during the comment
				  period the U.S. Fish and Wildlife Service, the National Marine Fisheries
				  Service, or any other state or federal agency with jurisdiction over fish,
				  wildlife, or public health advises the state administrative authority in
				  writing that the imposition of specified conditions upon the permit is
				  necessary to avoid substantial impairment of fish, shellfish, or wildlife
				  resources, the state administrative authority may include the specified
				  conditions in the permit to the extent they are determined necessary to carry
				  out the provisions of
				  40 CFR
				  122.49 and of the CWA and the LEQA.
C. In appropriate cases the state
				  administrative authority may consult with one or more of the agencies referred
				  to in this Section before issuing a draft permit and may reflect their views in
				  the statement of basis, the fact sheet, or the draft permit.
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 33 - Specific Decisionmaking Procedures Applicable to LPDES Permits › Section IX-3311 - Decision on Variances

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state
				  administrative authority may grant or deny requests for the following variances
				  (subject to EPA objection under
				  40 CFR
				  123.44 for state permits):
1. extensions under CWA Section 301(i) based
				  on delay in completion of a publicly owned treatment works;
2. after consultation with the EPA regional
				  administrator, extensions under CWA Section 301(k) based on the use of
				  innovative technology; or
3.
				  variances under CWA Section 316(a) for thermal pollution.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 33 - Specific Decisionmaking Procedures Applicable to LPDES Permits › Section IX-3313 - Special Procedures for Decisions on Thermal Variances under Section 316(a) of the CWA

Current through Register Vol. 50, No. 6, June 20, 2024
A. The only issues
				  connected with issuance of a particular permit on which DEQ will make a final
				  agency decision before the final permit is issued under LAC 33:IX.3123 are
				  whether alternative effluent limitations would be justified under CWA Section
				  316(a) and whether cooling water intake structures will use the best available
				  technology under CWA Section 316(b) Permit applicants who wish an early
				  decision on these issues should request it and furnish supporting reasons at
				  the time their permit applications are filed under LAC 33:IX.2501. The state
				  administrative authority will then decide whether or not to make an early
				  decision. If it is granted, both the early decision on CWA Section 316(a) or
				  (b) issues and the grant of the balance of the permit shall be considered
				  permit issuance under these regulations, and shall be subject to the same
				  requirements of public notice and comment and the same opportunity for a
				  hearing.
B. If the state
				  administrative authority, on review of the administrative record, determines
				  that the information necessary to decide whether or not the CWA Section 316(a)
				  issue is not likely to be available in time for a decision on permit issuance,
				  the state administrative authority may issue a permit under LAC 33:IX.3123 for
				  a term up to five years. This permit shall require achievement of the effluent
				  limitations initially proposed for the thermal component of the discharge no
				  later than the date otherwise required by law. However, the permit shall also
				  afford the permittee an opportunity to file a demonstration under CWA Section
				  316(a) after conducting such studies as are required under LAC 33:IX.Chapter
				  45. A new discharger may not exceed the thermal effluent limitation which is
				  initially proposed unless and until its CWA Section 316(a) variance request is
				  finally approved.
C. Any proceeding
				  held under LAC 33:IX.3313.A shall be publicly noticed as required by LAC
				  33:IX.3113 and shall be conducted at a time allowing the permittee to take
				  necessary measures to meet the final compliance date in the event its request
				  for modification of thermal limits is denied.
D. Whenever the state administrative
				  authority defers the decision under CWA Section 316(a), any decision under
				  Section CWA 316(b) may be deferred.
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 37 - Criteria and Standards for Technology -Based Treatment Requirements under Sections 301(b) and 402 of the Act › Section IX-3701 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  establishes criteria and standards for the imposition of technology-based
				  treatment requirements in permits under Section 301(b) of the Act and/or the
				  LEQA, including the application of promulgated effluent limitations and
				  case-by-case determinations of effluent limitations under Section 402(a)(1) of
				  the Act.
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 37 - Criteria and Standards for Technology -Based Treatment Requirements under Sections 301(b) and 402 of the Act › Section IX-3703 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				  of LAC 33:IX.Chapters 37-63, any reference to "the Act" shall mean the Clean
				  Water Act (CWA) as defined in LAC 33:IX.2313 and the appropriate provisions of
				  the LEQA and regulations. Unless otherwise noted, the definitions in LAC
				  33:IX.Chapters 23-35, and  40 CFR Part 123  apply to this Chapter.
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 37 - Criteria and Standards for Technology -Based Treatment Requirements under Sections 301(b) and 402 of the Act › Section IX-3705 - Technology-Based Treatment Requirements in Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Technology-based treatment
				  requirements under Section 301(b) of the Act represent the minimum level of
				  control that must be imposed in a permit issued under Section 402 of the Act.
				  (See LAC 33:IX.2701, 2703, and 2707 for a discussion of additional or more
				  stringent effluent limitations and conditions.) Permits shall contain the
				  following technology-based treatment requirements in accordance with the
				  following statutory deadlines:
1. for POTWs,
				  effluent limitations based upon:
a. secondary
				  treatment-from date of permit issuance; and
b. Reserved.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 39 - Criteria for Issuance of LPDES Permits to Aquaculture Projects › Section IX-3901 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  regulations establish guidelines under Sections 318 of the Act for approval of
				  any discharge of pollutants associated with an aquaculture project.
B. The regulations authorize, on a selective
				  basis, controlled discharges which would otherwise be unlawful under the Act in
				  order to determine the feasibility of using pollutants to grow aquatic
				  organisms which can be harvested and used beneficially. DEQ policy is to
				  encourage such projects, while at the same time protecting other beneficial
				  uses of the waters.
C. Permits
				  issued for discharges into aquaculture projects under this Chapter are LPDES
				  permits and are subject to the applicable requirements of LAC 33:IX.Chapters
				  23-35 and  40 CFR 123 . Any permit shall include such conditions (including
				  monitoring and reporting requirements) as are necessary to comply with those
				  parts. Technology-based effluent limitations need not be applied to discharges
				  into the approved project except with respect to toxic pollutants.
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 39 - Criteria for Issuance of LPDES Permits to Aquaculture Projects › Section IX-3903 - Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. No LPDES permit
				  shall be issued to an aquaculture project unless:
1. the state administrative authority
				  determines that the aquaculture project:
a.
				  is intended by the project operator to produce a crop which has significant
				  direct or indirect commercial value (or is intended to be operated for research
				  into possible production of such a crop); and
b. does not occupy a designated project area
				  which is larger than can be economically operated for the crop under
				  cultivation or than is necessary for research purposes;
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 43 - Criteria and Standards for Determining Fundamentally Different Factors under Sections 301(b)(1)(A), 301(b)(2)(A) and (E) of the Act › Section IX-4301 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  establishes the criteria and standards to be used in determining whether
				  effluent limitations alternative to those required by promulgated EPA effluent
				  limitations guidelines under
				  Sections
				  301 of the Act (hereinafter
				  referred to as "national limits") should be imposed on a discharger because
				  factors relating to the discharger's facilities, equipment, processes or other
				  factors related to the discharger are fundamentally different from the factors
				  considered by EPA in development of the national limits. This Chapter applies
				  to all national limitations promulgated under Sections 304 of the Act, except
				  for the BPT limits contained in
				  40
				  CFR 423.12 (steam electric generating point
				  source category).
B. In
				  establishing national limits, EPA takes into account all the information it can
				  collect, develop and solicit regarding the factors listed in Sections 304(b) of
				  the Act. In some cases, however, data which could affect these national limits
				  as they apply to a particular discharge may not be available or may not be
				  considered during their development. As a result, it may be necessary on a
				  case-by-case basis to adjust the national limits, and make them either more or
				  less stringent as they apply to certain dischargers within an industrial
				  category or subcategory. This will only be done if data specific to that
				  discharger indicates it presents factors fundamentally different from those
				  considered by EPA in developing the limit at issue. Any interested person
				  believing that factors relating to a discharger's facilities, equipment,
				  processes or other facilities related to the discharger are fundamentally
				  different from the factors considered during development of the national limits
				  may request a fundamentally different factors variance under
				  40 CFR
				  122.21(l)(1). In addition,
				  such a variance may be proposed by the Director in the draft permit.
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 43 - Criteria and Standards for Determining Fundamentally Different Factors under Sections 301(b)(1)(A), 301(b)(2)(A) and (E) of the Act › Section IX-4303 - Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. A request for
				  the establishment of effluent limitations under this Chapter (fundamentally
				  different factors variance) shall be approved only if:
1. there is an applicable national limit
				  which is applied in the permit and specifically controls the pollutant for
				  which alternative effluent limitations or standards have been requested;
				  and
2. factors relating to the
				  discharge controlled by the permit are fundamentally different from those
				  considered by EPA in establishing the national limits; and
3. the request for alternative effluent
				  limitations or standards is made in accordance with the procedural requirements
				  of LAC 33:IX.Chapters 31-35.