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 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-4305 - Method of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Written
				  request for a variance under this Chapter shall be submitted in duplicate to
				  the state administrative authority in accordance with LAC 33:IX.2501.L.1 and
				  LAC 33:IX.3103.
B. The burden is on
				  the person requesting the variance to explain that:
1. factor(s) listed in LAC 33:IX.4303.B
				  regarding the discharger's facility are fundamentally different from the
				  factors EPA considered in establishing the national limits. The requester
				  should refer to all relevant material and information, such as the published
				  guideline regulations development document, all associated technical and
				  economic data collected for use in developing each national limit, all records
				  of legal proceedings, and all written and printed documentation including
				  records of communication, etc., relevant to the regulations which are kept on
				  public file by the EPA;
2. the
				  alternative limitations requested are justified by the fundamental difference
				  alleged in LAC 33:IX.4303; and
3.
				  the appropriate requirements of LAC 33:IX.4301.B have been met.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 45 - Criteria for Determining Alternative Effluent Limitations under Section 316(a) of the Act › Section IX-4501 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A.Section 316(a) of
				  the Act provides that:
"With respect to any point source otherwise subject to the
					 provisions of
					 Section
					 301 or Section 306 of this Act,
					 whenever the owner or operator of any such source, after opportunity for public
					 hearing, can demonstrate to the satisfaction of the Administrator (or, if
					 appropriate, the State) that any effluent limitation proposed for the control
					 of the thermal component of any discharge from such source will require
					 effluent limitations more stringent than necessary to assure the projection
					 [sic] and propagation of a balanced, indigenous population of shellfish, fish
					 and wildlife in and on the body of water into which the discharge is to be
					 made, the Administrator (or, if appropriate, the State) may impose an effluent
					 limitation under such sections on such plant, with respect to the thermal
					 component of such discharge (taking into account the interaction of such
					 thermal component with other pollutants), that will assure the protection and
					 propagation of a balanced indigenous population of shellfish, fish and wildlife
					 in and on that body of water."
B. This Chapter describes the factors,
				  criteria and standards for the establishment of alternative thermal effluent
				  limitations under Section 316(a) of the Act in permits issued under Section
				  402(a) 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 45 - Criteria for Determining Alternative Effluent Limitations under Section 316(a) of the Act › Section IX-4503 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purpose
				  of this Chapter:
Alternative Effluent Limitations
- all
					 effluent limitations or standards of performance for the control of the thermal
					 component of any discharge which are established under Section 316(a) of the
					 Act and this Chapter.
Balanced, Indigenous Community
- is
					 synonymous with the term
balanced, indigenous population
in
					 the Act and means a biotic community typically characterized by diversity, the
					 capacity to sustain itself through cyclic seasonal changes, presence of
					 necessary food chain species and by a lack of domination by pollution tolerant
					 species. Such a community may include historically non-native species
					 introduced in connection with a program of wildlife management and species
					 whose presence or abundance results from substantial, irreversible
					 environmental modifications. Normally, however, such a community will not
					 include species whose presence or abundance is attributable to the introduction
					 of pollutants that will be eliminated by compliance by all sources with Section
					 301(b)(2) of the Act; and may not include species whose presence or abundance
					 is attributable to alternative effluent limitations imposed pursuant to Section
					 316(a) of the Act.
Representative Important Species
- species
					 which are representative, in terms of their biological needs, of a balanced,
					 indigenous community of shellfish, fish and wildlife in the body of water into
					 which a discharge of heat is made.
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 45 - Criteria for Determining Alternative Effluent Limitations under Section 316(a) of the Act › Section IX-4505 - Early Screening of Applications for Section 316(a) of the Act Variances

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  initial application for a Section 316(a) of the Act variance shall include the
				  following early screening information:
1. a
				  description of the alternative effluent limitation requested;
2. a general description of the method by
				  which the discharger proposes to demonstrate that the otherwise applicable
				  thermal discharge effluent limitations are more stringent than
				  necessary;
3. a general description
				  of the type of data, studies, experiments and other information which the
				  discharger intends to submit for the demonstration; and
4. such data and information as may be
				  available to assist the state administrative authority in selecting the
				  appropriate representative important species.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 45 - Criteria for Determining Alternative Effluent Limitations under Section 316(a) of the Act › Section IX-4507 - Criteria and Standards for the Determination of Alternative Effluent Limitations under Section 316(a) of the Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. Thermal discharge effluent limitations or
				  standards established in permits may be less stringent than those required by
				  applicable standards and limitations if the discharger demonstrates to the
				  satisfaction of the state administrative authority that such effluent
				  limitations are more stringent than necessary to assure the protection and
				  propagation of a balanced, indigenous community of shellfish, fish and wildlife
				  in and on the body of water into which the discharge is made. This
				  demonstration must show that the alternative effluent limitation desired by the
				  discharger, considering the cumulative impact of its thermal discharge together
				  with all other significant impacts on the species affected, will assure the
				  protection and propagation of a balanced indigenous community of shellfish,
				  fish and wildlife in and on the body of water into which the discharge is to be
				  made.
B. In determining whether or
				  not the protection and propagation of the affected species will be assured, the
				  state administrative authority may consider any information contained or
				  referenced in any applicable thermal water quality criteria and thermal water
				  quality information published by the administrator under Section 304(a) of the
				  Act, or any other information he deems relevant.
C.
1.
				  Existing dischargers may base their demonstration upon the absence of prior
				  appreciable harm in lieu of predictive studies. Any such demonstrations shall
				  show:
a. that no appreciable harm has resulted
				  from the normal component of the discharge taking into account the interaction
				  of such thermal component with other pollutants and the additive effect of
				  other thermal sources to a balanced, indigenous community of shellfish, fish
				  and wildlife in and on the body of water into which the discharge has been
				  made; or
b. that despite the
				  occurrence of such previous harm, the desired alternative effluent limitations
				  (or appropriate modifications thereof) will nevertheless assure the protection
				  and propagation of a balanced, indigenous community of shellfish, fish and
				  wildlife in and on the body of water into which the discharge is
				  made.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter A - Requirements Applicable to Cooling Water Intake Structures for New Facilities under Section 316(b) of the Act › Section IX-4701 - What are the purpose and scope of this Subchapter?

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Subchapter establishes requirements
					 that apply to the location, design, construction, and capacity of cooling water
					 intake structures at new facilities. The purpose of these requirements is to
					 establish the best technology available for minimizing adverse environmental
					 impact associated with the use of cooling water intake structures. These
					 requirements are implemented through LPDES permits issued in accordance with
					 Section 402 of the CWA, under the assumption of the NPDES program.
B. This Subchapter implements Section 316(b)
					 of the CWA for new facilities. Section 316(b) of the CWA provides that any
					 standard established in accordance with
					 Section
					 301 of the CWA and applicable to
					 a point source shall require that the location, design, construction, and
					 capacity of cooling water intake structures reflect the best technology
					 available for minimizing adverse environmental impact.
C. New facilities that do not meet the
					 threshold requirements regarding amount of water withdrawn or percentage of
					 water withdrawn for cooling water purposes in LAC 33:IX.4703.A must meet
					 requirements determined on a case-by-case, best professional judgment (BPJ)
					 basis.
D. Nothing in this
					 Subchapter shall be construed to preclude or deny the right of any state or
					 political subdivision of a state or any interstate agency under Section 510 of
					 the CWA to adopt or enforce any requirement with respect to control or
					 abatement of pollution that is more stringent than those required by federal
					 law.
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 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter A - Requirements Applicable to Cooling Water Intake Structures for New Facilities under Section 316(b) of the Act › Section IX-4703 - Who is subject to this Subchapter?

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 This Subchapter applies to a new facility if it:
1. is a point source that uses or proposes to
					 use a cooling water intake structure;
2. has at least one cooling water intake
					 structure that uses at least 25 percent of the water it withdraws for cooling
					 purposes as specified in Subsection C of this Section; and
3. has a design intake flow greater than 2
					 million gallons per day (MGD).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter A - Requirements Applicable to Cooling Water Intake Structures for New Facilities under Section 316(b) of the Act › Section IX-4705 - When must I comply with this Subchapter?

Current through Register Vol. 50, No. 6, June 20, 2024
A. You must comply with this Subchapter when
					 an LPDES permit containing requirements consistent with this Subchapter is
					 issued to you.
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 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter A - Requirements Applicable to Cooling Water Intake Structures for New Facilities under Section 316(b) of the Act › Section IX-4709 - As an owner or operator of a new facility, what must I do to comply with this Subchapter?

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 owner or operator of a new facility may be required to comply with Subsection E
					 of this Section, and must comply with the requirements of either:
1. Track I in Subsection B or C of this
					 Section; or
2. Track II in
					 Subsection D 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 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter A - Requirements Applicable to Cooling Water Intake Structures for New Facilities under Section 316(b) of the Act › Section IX-4711 - May alternative requirements be authorized?

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any interested person may request that
					 alternative requirements less stringent than those specified in LAC
					 33:IX.4709.A-E be imposed in the permit. The state administrative authority may
					 establish alternative requirements less stringent than the requirements of LAC
					 33:IX.4709.A-E only if:
1. there is an
					 applicable requirement under LAC 33:IX.4709.A-E;
2. the state administrative authority
					 determines that data specific to the facility indicate that compliance with the
					 requirement at issue would result in compliance costs wholly out of proportion
					 to those EPA considered in establishing the requirement at issue or would
					 result in significant adverse impacts on local air quality, significant adverse
					 impacts on local water resources other than impingement or entrainment, or
					 significant adverse impacts on local energy markets;
3. the alternative requirement requested is
					 no less stringent than justified by the wholly out of proportion cost or the
					 significant adverse impacts on local air quality, significant adverse impacts
					 on local water resources other than impingement or entrainment, or significant
					 adverse impacts on local energy markets; and
4. the alternative requirement will ensure
					 compliance with other applicable provisions of the CWA and any applicable
					 requirement of state law.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter A - Requirements Applicable to Cooling Water Intake Structures for New Facilities under Section 316(b) of the Act › Section IX-4713 - As an owner or operator of a new facility, what must I collect and submit when I apply for my new or reissued LPDES permit?

Current through Register Vol. 50, No. 6, June 20, 2024
A. As an owner or operator of a new facility,
					 you must submit the application information required by LAC 33:IX.2501.R and
					 the information required in either Subsection B of this Section for Track I or
					 Subsection C of this Section for Track II when you apply for a new or reissued
					 LPDES permit in accordance with LAC 33:IX.2501. You must also submit to the
					 state administrative authority a statement that you intend to comply with
					 either:
1. the Track I requirements for new
					 facilities that withdraw equal to or greater than 10 MGD in LAC
					 33:IX.4709.B;
2. the Track I
					 requirements for new facilities that withdraw equal to or greater than 2 MGD
					 and less than 10 MGD in LAC 33:IX.4709.C; or
3. the requirements for Track II in LAC
					 33:IX.4709.D.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter A - Requirements Applicable to Cooling Water Intake Structures for New Facilities under Section 316(b) of the Act › Section IX-4715 - As an owner or operator of a new facility, must I perform monitoring?

Current through Register Vol. 50, No. 6, June 20, 2024
A. As an owner or
					 operator of a new facility, you will be required to perform monitoring to
					 demonstrate your compliance with the requirements specified in LAC
					 33:IX.4709.
B. Biological
					 Monitoring
.
You must monitor both impingement and entrainment
					 of the commercial, recreational, and forage base fish and shellfish species
					 identified in either the source water baseline biological characterization data
					 required by LAC 33:IX.2501.R.4 or the comprehensive demonstration study
					 required by LAC 33:IX.4713.C.2, depending on whether you chose to comply with
					 Track I or Track II. The monitoring methods used must be consistent with those
					 used for the source water baseline biological characterization data required by
					 LAC 33:IX.2501.R.4 or the comprehensive demonstration study required by LAC
					 33:IX.4713.C.2. You must follow the monitoring frequencies identified in
					 Paragraphs B.1 and 2 of this Section for at least two years after the initial
					 permit issuance. After that time, the state administrative authority may
					 approve a request for less frequent sampling in the remaining years of the
					 permit term and when the permit is reissued, if supporting data show that less
					 frequent monitoring would still allow for the detection of any seasonal and
					 daily variations in the species and numbers of individuals that are impinged or
					 entrained.
1. Impingement
					 Sampling
.
You must collect samples to monitor impingement
					 rates (simple enumeration) for each species over a 24-hour period and no less
					 than once per month when the cooling water intake structure is in
					 operation.
2. Entrainment Sampling.
					 You must collect samples to monitor entrainment rates (simple enumeration) for
					 each species over a 24-hour period and no less than biweekly during the primary
					 period of reproduction, larval recruitment, and peak abundance identified
					 during the source water baseline biological characterization required by LAC
					 33:IX.2501.R.4 or the comprehensive demonstration study required by LAC
					 33:IX.4713.C.2. You must collect samples only when the cooling water intake
					 structure is in operation.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter A - Requirements Applicable to Cooling Water Intake Structures for New Facilities under Section 316(b) of the Act › Section IX-4717 - As an owner or operator of a new facility, must I keep records and report information and data?

Current through Register Vol. 50, No. 6, June 20, 2024
A. As an owner or
					 operator of a new facility, you are required to keep records and report
					 information and data to the state administrative authority as described in
					 Subsections B and C of this Section.
B. You must keep records of all the data used
					 to complete the permit application and show compliance with the requirements,
					 any supplemental information developed under LAC 33:IX.4713, and any compliance
					 monitoring data submitted under LAC 33:IX.4715 for a period of at least three
					 years from the date of permit issuance. The state administrative authority may
					 require that these records be kept for a longer period.
C. You must provide the following to the
					 state administrative authority in a yearly status report:
1. biological monitoring records for each
					 cooling water intake structure as required by LAC 33:IX.4715.B;
2. velocity and head loss monitoring records
					 for each cooling water intake structure as required by LAC 33:IX.4715.C;
					 and
3. records of visual or remote
					 inspections as required by LAC 33:IX.4715.D.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter A - Requirements Applicable to Cooling Water Intake Structures for New Facilities under Section 316(b) of the Act › Section IX-4719 - What must the state administrative authority do to comply with the requirements of this Subchapter?

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permit
					 Application
.
The state administrative authority must review
					 materials submitted by the applicant under LAC 33:IX.2501.R.3 and 4713 at the
					 time of the initial permit application and before each permit renewal or
					 reissuance.
1. After receiving the initial
					 permit application from the owner or operator of a new facility, the state
					 administrative authority must determine applicable standards in LAC 33:IX.4709
					 to apply to the new facility. In addition, the state administrative authority
					 must review materials to determine compliance with the applicable
					 standards.
2. For each subsequent
					 permit renewal, the state administrative authority must review the application
					 materials and monitoring data to determine whether requirements or additional
					 requirements for design and construction technologies or operational measures
					 should be included in the permit.
3. For Track II facilities, the state
					 administrative authority may review the information collection proposal plan
					 required by LAC 33:IX.4713.C.2.c. The facility may initiate sampling and data
					 collection activities prior to receiving comment from the state administrative
					 authority.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter B - Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities under Section 316(b) of the Clean Water Act › Section IX-4730 - Suspension of Portions of LAC 33:Part IX

Current through Register Vol. 50, No. 6, June 20, 2024
A. LAC 33:IX.2501.R.1.b and R.5 are hereby
					 suspended.
B. LAC 33:IX.Chapter
					 47.Subchapter B, with the exception of LAC 33:IX.4731.B, is hereby
					 suspended.
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 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter B - Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities under Section 316(b) of the Clean Water Act › Section IX-4731 - What are the purpose and scope of this Subchapter?

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Subchapter establishes requirements
					 that apply to the location, design, construction, and capacity of cooling water
					 intake structures at existing facilities that are subject to this Subchapter
					 (i.e., Phase II existing facilities). The purpose of these requirements is to
					 establish the best technology available for minimizing adverse environmental
					 impact associated with the use of cooling water intake structures. These
					 requirements are implemented through LPDES permits issued under Section 402 of
					 the Clean Water Act (CWA), under the assumption of the NPDES program.
B. Existing facilities that are not subject
					 to requirements under Subchapter A or B of this Chapter shall meet requirements
					 under Section 316(b) of the CWA determined by the state administrative
					 authority on a case-by-case, best professional judgment (BPJ) basis.
C. Alternative Regulatory Requirements.
					 Notwithstanding any other provision of this Subchapter, if a state demonstrates
					 to the administrator that it has adopted alternative regulatory requirements in
					 its NPDES program that will result in environmental performance within a
					 watershed that is comparable to the reductions of impingement mortality and
					 entrainment that would otherwise be achieved under LAC 33:IX.4737, the
					 administrator shall approve such alternative regulatory requirements.
D. Nothing in this Subchapter shall be
					 construed to preclude or deny the right of any state or political subdivision
					 of a state or any interstate agency under Section 510 of the CWA to adopt or
					 enforce any requirement with respect to control or abatement of pollution that
					 is not less stringent than those required by federal law.
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 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter B - Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities under Section 316(b) of the Clean Water Act › Section IX-4733 - What is a Phase II existing facility?

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
existing facility
, as
					 defined in LAC 33:IX.4735.A, is a Phase II existing facility subject to this
					 Subchapter if it meets each of the following criteria.
1. It is a point source.
2. It uses or proposes to use cooling water
					 intake structures with a total design intake flow of 50 million gallons per day
					 (MGD) or more to withdraw cooling water from waters of the state.
3. As its primary activity, the facility both
					 generates and transmits electric power, or generates electric power but sells
					 it to another entity for transmission.
4. It uses at least 25 percent of the water
					 withdrawn exclusively for cooling purposes, measured on an average annual
					 basis.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter B - Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities under Section 316(b) of the Clean Water Act › Section IX-4737 - How will requirements reflecting best technology available for minimizing adverse environmental impact be established for my Phase II existing facility?

Current through Register Vol. 50, No. 6, June 20, 2024
A. Compliance
					 Alternatives. You must select and implement one of the following five
					 alternatives for establishing best technology available for minimizing adverse
					 environmental impact at your facility.
1. You
					 may demonstrate to the state administrative authority that you have:
a. reduced, or will reduce, your flow
					 commensurate with a closed-cycle recirculating system. In this case, you are
					 deemed to have met the applicable performance standards and will not be
					 required to demonstrate further that your facility meets the impingement
					 mortality and entrainment performance standards specified in Subsection B of
					 this Section. In addition, you are not subject to the requirements in LAC
					 33:IX.4739, 4741, 4743, or 4745. However, you may still be subject to any more
					 stringent requirements established under Subsection E of this Section;
					 or
b. reduced, or will reduce, your
					 maximum through-screen design intake velocity to 0.5 ft/s or less. In this
					 case, you are deemed to have met the impingement mortality performance
					 standards and will not be required to demonstrate further that your facility
					 meets the performance standards for impingement mortality specified in
					 Subsection B of this Section, and you are not subject to the requirements in
					 LAC 33:IX.4739, 4741, 4743, or 4745 as they apply to impingement mortality.
					 However, you are still subject to any applicable requirements for entrainment
					 reduction and may still be subject to any more stringent requirements
					 established under Subsection E 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 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter B - Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities under Section 316(b) of the Clean Water Act › Section IX-4739 - As an owner or operator of a Phase II existing facility, what must I collect and submit when I apply for my reissued LPDES permit?

Current through Register Vol. 50, No. 6, June 20, 2024
A. Submittal of Information for an Owner or
					 Operator of a Phase II Existing Facility
1.
					 You must submit to the state administrative authority the proposal for
					 information collection required in Paragraph B.1 of this Section prior to the
					 start of information collection activities.
2. You must submit to the state
					 administrative authority the information required in LAC 33:IX.2501.R.2, 3, and
					 5 and any applicable portions of the comprehensive demonstration study, except
					 for the proposal for information collection required by Paragraph B.1 of this
					 Section.
a. You must submit your LPDES permit
					 application in accordance with the time frames specified in LAC
					 33:IX.2501.D.2.
b. If your existing
					 permit expires before July 9, 2008, you may request that the state
					 administrative authority establish a schedule for you to submit the information
					 required by this Section as expeditiously as practicable, but not later than
					 January 7, 2008. Between the time your existing permit expires and the time an
					 LPDES permit containing requirements consistent with this Subchapter is issued
					 to your facility, the best technology available to minimize adverse
					 environmental impact will continue to be determined based on the state
					 administrative authority's best professional judgment.
3. In subsequent permit terms, the state
					 administrative authority may approve a request to reduce the information
					 required to be submitted in your permit application on the cooling water intake
					 structure and the source water body, if conditions at your facility and in the
					 water body remain substantially unchanged since your previous application. You
					 must submit your request for reduced cooling water intake structure and water
					 body application information to the state administrative authority at least one
					 year prior to the expiration of the permit. Your request must identify each
					 required information item in LAC 33:IX.2501.R and this Section that you
					 determine has not substantially changed since the previous permit application
					 and the basis for your determination.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter B - Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities under Section 316(b) of the Clean Water Act › Section IX-4741 - As an owner or operator of a Phase II existing facility, what monitoring must I perform?

Current through Register Vol. 50, No. 6, June 20, 2024
A. As an owner
					 or operator of a Phase II existing facility, you must perform monitoring, as
					 applicable, in accordance with the technology installation and operation plan
					 required by LAC 33:IX.4739.B.4.b, the restoration plan required by LAC
					 33:IX.4739.B.5, the verification monitoring plan required by LAC
					 33:IX.4739.B.7, and any additional monitoring specified by the state
					 administrative authority to demonstrate compliance with the applicable
					 requirements of LAC 33:IX.4737.
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 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter B - Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities under Section 316(b) of the Clean Water Act › Section IX-4743 - As an owner or operator of a Phase II existing facility, what records must I keep and what information must I report?

Current through Register Vol. 50, No. 6, June 20, 2024
A. As an owner or operator of a Phase II
					 existing facility you must keep records and report information and data to the
					 state administrative authority as follows.
1.
					 You must keep records of all the data used to complete the permit application
					 and show compliance with the requirements of LAC 33:IX.4737, any supplemental
					 information developed under LAC 33:IX.4739, and any compliance monitoring data
					 submitted under LAC 33:IX.4741, for a period of at least three years from date
					 of permit issuance. The state administrative authority may require that these
					 records be kept for a longer period.
2. You must submit a status report to the
					 state administrative authority for review every two years that includes
					 appropriate monitoring data and other information as specified by the state
					 administrative authority in accordance with LAC 33:IX.4745.B.5.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter B - Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities under Section 316(b) of the Clean Water Act › Section IX-4745 - As the state administrative authority, what must I do to comply with the requirements of this Subchapter?

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Permit Application. As the state administrative authority, you must review
					 materials submitted by the applicant under LAC 33:IX.2501.R and LAC 33:IX.4739
					 before each permit renewal or reissuance.
1.
					 You must review and comment on the proposal for information collection
					 submitted by the facility in accordance with LAC 33:IX.4739.A.1. You are
					 encouraged to provide comments expeditiously so that the permit applicant can
					 make responsive modifications to its information gathering activities. If a
					 facility submits a request in accordance with LAC 33:IX.4739.A.2.b for an
					 alternate schedule for submitting the information required in LAC 33:IX.4739,
					 you must approve a schedule that is as expeditious as practicable, but does not
					 extend beyond January 7, 2008. If a facility submits a request in accordance
					 with LAC 33:IX.4739.A.3 to reduce the information about its cooling water
					 intake structures and the source water body required to be submitted in its
					 permit application, other than with the first permit application after
					 September 7, 2004, you must approve the request within 60 days if conditions at
					 the facility and in the water body remain substantially unchanged since the
					 previous application.
2. After
					 receiving the permit application from the owner or operator of a Phase II
					 existing facility, you must determine which of the requirements specified in
					 LAC 33:IX.4737 apply to the facility. In addition, you must review materials to
					 determine compliance with the applicable requirements.
3. At each permit renewal, you must review
					 the application materials and monitoring data to determine whether new or
					 revised requirements for design and construction technologies, operational
					 measures, or restoration measures should be included in the permit to meet the
					 applicable performance standards in LAC 33:IX.4737.B or alternative
					 site-specific requirements established in accordance with LAC
					 33:IX.4747.A.5.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter B - Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities under Section 316(b) of the Clean Water Act › Section IX-4747 - What are approved design and construction technologies?

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following technologies constitute
					 approved design and construction technologies for purposes of LAC
					 33:IX.4737.A.4:
1. submerged cylindrical
					 wedge-wire screen technology, if you meet the following conditions:
a. your cooling water intake structure is
					 located in a freshwater river or stream;
b. your cooling water intake structure is
					 situated such that sufficient ambient counter currents exist to promote
					 cleaning of the screen face;
c.
					 your maximum through-screen design intake velocity is 0.5 ft/s or
					 less;
d. the slot size is
					 appropriate for the size of eggs, larvae, and juveniles of all fish and
					 shellfish to be protected at the site; and
e. your entire main condenser cooling water
					 flow is directed through the technology. Small flows totaling less than 2 MGD
					 for auxiliary plant cooling uses are excluded from this provision;
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter C - Requirements Applicable to Cooling Water Intake Structures for New Offshore Oil and Gas Extraction Facilities Under Section 316(b) of the Clean Water Act › Section IX-4761 - What are the purpose and scope of this Subchapter?

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Subchapter establishes requirements
					 that apply to the location, design, construction, and capacity of cooling water
					 intake structures at new offshore oil and gas extraction facilities. The
					 purpose of these requirements is to establish the best technology available for
					 minimizing adverse environmental impact associated with the use of cooling
					 water intake structures at these facilities. These requirements are implemented
					 through the Louisiana Pollutant Discharge Elimination System (LPDES) permits
					 issued under Section 402 of the Clean Water Act (CWA).
B. This Subchapter implements Section 316(b)
					 of the CWA for new offshore oil and gas extraction facilities. Section 316(b)
					 of the CWA provides that any standard established pursuant to
					 Section
					 301 of the CWA and applicable to
					 a point source shall require that the location, design, construction, and
					 capacity of cooling water intake structures reflect the best technology
					 available for minimizing adverse environmental impact.
C. New offshore oil and gas extraction
					 facilities that do not meet the threshold requirements regarding amount of
					 water withdrawn or percentage of water withdrawn for cooling water purposes in
					 LAC 33:IX.4763.A must meet requirements determined by the administrative
					 authority on a case-by-case, best professional judgement (BPJ) basis.
D. Nothing in this Subchapter shall be
					 construed to preclude or deny the right of any state or political subdivision
					 of a state or any interstate agency under Section 510 of the CWA to adopt or
					 enforce any requirement with respect to control or abatement of pollution that
					 is more stringent than those required by federal law.
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 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter C - Requirements Applicable to Cooling Water Intake Structures for New Offshore Oil and Gas Extraction Facilities Under Section 316(b) of the Clean Water Act › Section IX-4763 - Who is subject to this Subchapter?

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 This Subchapter applies to a new offshore oil and gas extraction facility if it
					 meets all of the following criteria.
1. It is
					 a point source that uses or proposes to use a cooling water intake
					 structure.
2. It has at least one
					 cooling water intake structure that uses at least 25 percent of the water it
					 withdraws for cooling purposes as specified in Subsection C of this
					 Section.
3. It has a design intake
					 flow greater than 2 million gallons per day (MGD).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter C - Requirements Applicable to Cooling Water Intake Structures for New Offshore Oil and Gas Extraction Facilities Under Section 316(b) of the Clean Water Act › Section IX-4765 - When must I comply with this Subchapter?

Current through Register Vol. 50, No. 6, June 20, 2024
A. You must comply with this Subchapter when
					 an LPDES permit containing requirements consistent with this Subchapter is
					 issued to you.
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 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter C - Requirements Applicable to Cooling Water Intake Structures for New Offshore Oil and Gas Extraction Facilities Under Section 316(b) of the Clean Water Act › Section IX-4769 - As an owner or operator of a new offshore oil and gas extraction facility, what must I do to comply with this Subchapter?

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability
1. The owner or operator of a new offshore
					 oil and gas extraction facility must comply with:
a. the Track I requirements in Subsection B
					 or the Track II requirements in Subsection C of this Section, if it is a fixed
					 facility; or
b. the T rack I
					 requirements in Subsection B of this Section, if it is not a fixed
					 facility.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part IX - Water Quality › Subpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) Program › Chapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act › Subchapter C - Requirements Applicable to Cooling Water Intake Structures for New Offshore Oil and Gas Extraction Facilities Under Section 316(b) of the Clean Water Act › Section IX-4771 - May alternative requirements be authorized?

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any interested person may request that
					 alternative requirements less stringent than those specified in LAC 33:IX.4769
					 be imposed in the permit. The administrative authority may establish
					 alternative requirements less stringent than the requirements in LAC 33:IX.4769
					 only if:
1. there is an applicable
					 requirement in LAC 33:IX.4769;
2.
					 the administrative authority determines that data specific to the facility
					 indicate that compliance with the requirement at issue would result in
					 compliance costs wholly out of proportion to the costs EPA considered in
					 establishing the requirement at issue or would result in significant adverse
					 impacts on local water resources other than impingement or entrainment or
					 significant adverse impacts on energy markets;
3. t he alternative requirement requested is
					 no less stringent than justified by the wholly-out-of-proportion cost or the
					 significant adverse impacts on local water resources other than impingement or
					 entrainment, or significant adverse impacts on energy markets; and
4. the alternative requirement will ensure
					 compliance with other applicable provisions of the Clean Water Act and any
					 applicable requirement of federal or state law.