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-2903 - Modification or Revocation and Reissuance of Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the state administrative authority
				  receives any information (for example, inspects the facility, receives
				  information submitted by the permittee as required in the permit (see LAC
				  33:IX.2701), receives a request for modification or revocation and reissuance
				  under LAC 33:IX.3105, or conducts a review of the permit file) he or she may
				  determine whether or not one or more of the causes listed in Subsections A and
				  B of this Section for modification or revocation and reissuance or both exist.
				  If cause exists, the state administrative authority may modify or revoke and
				  reissue the permit accordingly, subject to the limitations of LAC 33:IX.3105.B,
				  and may request an updated application if necessary. When a permit is modified,
				  only the conditions subject to modification are reopened. If a permit is
				  revoked and reissued, the entire permit is reopened and subject to revision and
				  the permit is reissued for a new term (see LAC 33:IX.3105.B.2). If cause does
				  not exist under this Section or LAC 33:IX.2905, the state administrative
				  authority shall not modify or revoke and reissue the permit. If a permit
				  modification satisfies the criteria in LAC 33:IX.2905 for minor modifications,
				  the permit may be modified without a draft permit or public review. Otherwise,
				  a draft permit must be prepared and other procedures in LAC 33:IX.Chapters 31
				  and 33 followed.
1. Causes for Modification.
				  The following are causes for modification but not revocation and reissuance of
				  permits except when the permittee requests or agrees.
a. Alterations. There are material and
				  substantial alterations or additions to the permitted facility or activity
				  (including a change or changes in the permittee's sludge use or disposal
				  practice) that occurred after permit issuance that justify the application of
				  permit conditions that are different or absent in the existing permit.
NOTE: Certain reconstruction activities may cause the new
					 source provisions of
					 40 CFR
					 122.29 to be applicable.
b. Information. The state administrative
				  authority has received new information. Permits may be modified during their
				  terms for this cause only if the information was not available at the time of
				  permit issuance (other than revised regulations, guidance, or test methods) and
				  would have justified the application of different permit conditions at the time
				  of issuance. For LPDES general permits (LAC 33:IX.2515) this cause includes any
				  information indicating that cumulative effects on the environment are
				  unacceptable. For new source or new discharger LPDES permits (LAC 33:IX.2501,
				  40 CFR
				  122.29), this cause shall include any
				  significant information derived from effluent testing required under LAC
				  33:IX.2501.K.5.f or H.4.c after issuance of the permit.
c. New Regulations. The standards or
				  regulations on which the permit was based have been changed by promulgation of
				  amended standards or regulations or by judicial decision after the permit was
				  issued. Permits may be modified during their terms for this cause only as
				  follows:
i. for promulgation of amended
				  standards or regulations, when:
(a). the
				  permit condition requested to be modified was based on a promulgated effluent
				  limitation guideline, EPA approved or promulgated water quality standards, or
				  the secondary treatment regulations under LAC 33:IX.Chapter 59; and
(b). EPA has revised, withdrawn, or modified
				  that portion of the regulation or effluent limitation guideline on which the
				  permit condition was based, or has approved a state action with regard to a
				  water quality standard on which the permit condition was based; and
(c). a permittee requests modification in
				  accordance with LAC 33:IX.3105 within 90 days after
Federal
				  Register
notice of the action on which the request is based;
ii. for judicial decisions, a
				  court of competent jurisdiction has remanded and stayed EPA promulgated
				  regulations or effluent limitation guidelines, if the remand and stay concern
				  that portion of the regulations or guidelines on which the permit condition was
				  based and a request is filed by the permittee in accordance with LAC 33:IX.3105
				  within 90 days of judicial remand;
iii. for changes based upon modified state
				  certifications of NPDES permits, see
				  40 CFR
				  124.55(b).
d. Compliance Schedules. The state
				  administrative authority determines good cause exists for modification of a
				  compliance schedule, such as an act of God, strike, flood, or materials
				  shortage or other events over which the permittee has little or no control and
				  for which there is no reasonably available remedy. However, in no case may an
				  LPDES compliance schedule be modified to extend beyond an applicable CWA
				  statutory deadline. See also LAC 33:IX.2905 (minor modifications) and
				  Subparagraph A.1.n of this Section (LPDES innovative technology).
e. When the permittee has filed a request for
				  a variance under CWA Section 301(c), 301(g), 301(h), 301(i), 301(k), or 316(a)
				  or for fundamentally different factors within the time specified in LAC
				  33:IX.2501 or
				  40 CFR
				  125.72(a).
f. 307(a) Toxics. When required to
				  incorporate an applicable CWA Section 307(a) toxic effluent standard or
				  prohibition (see LAC 33:IX.2707.B).
g. Reopener. When required by the reopener
				  conditions in a permit, which are established in the permit under LAC
				  33:IX.2707.C (for CWA toxic effluent limitations and standards for sewage
				  sludge use or disposal, see also LAC 33:IX.2707.B) or LAC 33:IX.6135.E
				  (pretreatment program).
h.
i. Net Limits. Upon request of a permittee
				  who qualifies for effluent limitations on a net basis under LAC
				  33:IX.2709.G.
ii. When a discharger
				  is no longer eligible for net limitations, as provided in LAC 33:IX.2709.G.1.b.
i. Pretreatment. As
				  necessary under LAC 33:IX.6115.E (compliance schedule for development of
				  pretreatment program).
j. Failure
				  to Notify. Upon failure of an approved state to notify, as required by the CWA
				  Section 402(b)(3), another state whose waters may be affected by a discharge
				  from the approved state.
k.
				  Non-Limited Pollutants. When the level of discharge of any pollutant that is
				  not limited in the permit exceeds the level that can be achieved by the
				  technology-based treatment requirements appropriate to the permittee under LAC
				  33:IX.3705.C.
l. Notification
				  Levels. To establish a notification level as provided in LAC
				  33:IX.2707.F.
m. Compliance
				  Schedules. To modify a schedule of compliance to reflect the time lost during
				  construction of an innovative or alternative facility, in the case of a POTW
				  that has received a grant under Section 202(a)(3) of the CWA for 100 percent of
				  the costs to modify or replace facilities constructed with a grant for
				  innovative and alternative wastewater technology under Section 202(a)(2) of the
				  CWA. In no case shall the compliance schedule be modified to extend beyond an
				  applicable CWA statutory deadline for compliance.
n. For a small MS4, to include an effluent
				  limitation requiring implementation of a minimum control measure or measures as
				  specified in LAC 33:IX.2523.B when:
i. the
				  permit does not include such measure(s) based upon the determination that
				  another entity was responsible for implementation of the requirement(s);
				  and
ii. the other entity fails to
				  implement measure(s) that satisfy the requirement(s).
o. To correct technical mistakes, such as
				  errors in calculation, or mistaken interpretations of law made in determining
				  permit conditions.
p. When the
				  discharger has installed the treatment technology considered by the permit
				  writer in setting effluent limitations imposed under Section 402(a)(1) of the
				  CWA and has properly operated and maintained the facilities but nevertheless
				  has been unable to achieve those effluent limitations. In this case, the
				  limitations in the modified permit may reflect the level of pollutant control
				  actually achieved (but shall not be less stringent than required by a
				  subsequently promulgated effluent limitations guideline).
q. Nutrient Management Plans. The
				  incorporation of the terms of a CAFO's nutrient management plan into the terms
				  and conditions of a general permit when a CAFO obtains coverage under a general
				  permit in accordance with LAC 33:IX.2505.H and 2515 is not a cause for
				  modification pursuant to the requirements of this Section.
r. Land Application Plans. When required by a
				  permit condition to incorporate a land application plan for beneficial reuse of
				  sewage sludge, to revise an existing land application plan, or to add a land
				  application plan.