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-2709 - Calculating LPDES Permit Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Outfalls and Discharge Points. All permit
				  effluent limitations, standards and prohibitions shall be established for each
				  outfall or discharge point of the permitted facility, except as otherwise
				  provided under LAC 33:IX.2707.K (BMPs where limitations are infeasible) and LAC
				  33:IX.2709.H (limitations on internal waste streams).
B. Production-Based Limitations
1. In the case of POTWs, permit effluent
				  limitations, standards, or prohibitions shall be calculated based on design
				  flow.
2.
a. Except in the case of POTWs or as provided
				  in LAC 33:IX.2709.B.2.b, calculation of any permit limitations, standards, or
				  prohibitions which are based on production (or other measure of operation)
				  shall be based not upon the designed production capacity but rather upon a
				  reasonable measure of actual production of the facility. For new sources or new
				  dischargers, actual production shall be estimated using projected production.
				  The time period of the measure of production shall correspond to the time
				  period of the calculated permit limitations; for example, monthly production
				  shall be used to calculate average monthly discharge limitations.
b.
i.
(a). The state administrative authority may
				  include a condition establishing alternate permit limitations, standards, or
				  prohibitions based upon anticipated increased (not to exceed maximum production
				  capability) or decreased production levels.
(b). For the automotive manufacturing
				  industry only, the EPA regional administrator shall, and the state
				  administrative authority may establish a condition under LAC
				  33:IX.2709.B.2.b.i.(a) if the applicant satisfactorily demonstrates to the
				  state administrative authority at the time the application is submitted that
				  its actual production, as indicated in LAC 33:IX.2709.B.2.a, is substantially
				  below maximum production capability and that there is a reasonable potential
				  for an increase above actual production during the duration of the permit.
ii. If the state
				  administrative authority establishes permit conditions under LAC
				  33:IX.2709.B.2.b.i:
(a). the permit shall
				  require the permittee to notify the Office of Environmental Services at least
				  two business days prior to a month in which the permittee expects to operate at
				  a level higher than the lowest production level identified in the permit. The
				  notice shall specify the anticipated level and the period during which the
				  permittee expects to operate at the alternate level. If the notice covers more
				  than one month, the notice shall specify the reasons for the anticipated
				  production level increase. New notice of discharge at alternate levels is
				  required to cover a period or production level not covered by prior notice or,
				  if during two consecutive months otherwise covered by a notice, the production
				  level at the permitted facility does not in fact meet the higher level
				  designated in the notice;
(b). the
				  permittee shall comply with the limitations, standards, or prohibitions that
				  correspond to the lowest level of production specified in the permit, unless
				  the permittee has notified the Office of Environmental Services under Subclause
				  B.2.b.ii.(a) of this Section, in which case the permittee shall comply with the
				  lower of the actual level of production during each month or the level
				  specified in the notice;
(c). the
				  permittee shall submit to the Office of Environmental Compliance with the DMR
				  the level of production that actually occurred during each month and the
				  limitations, standards, or prohibitions applicable to that level of
				  production.