La. Admin. Code tit. 33 § IX-1119

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-1119 - Implementation Plan for Antidegradation Policy

A. Summary and Purpose

1. As stated in LAC 33:IX.1109.A of these regulations, the antidegradation policy provides a legal framework for the basic maintenance and protection of all designated water uses. It also outlines methods that the state uses to protect state waters from water quality degradation and some of the state and federal rules and regulations that authorize them.

2. This Section explains the specific procedures used by the department as the state's designated water quality management agency to implement the Antidegradation Policy.

B. Implementation of Louisiana's Water Quality Management Process

1. Procedures and methods by which the antidegradation policy is implemented are described in this Section. Additional implementation procedures may be incorporated into the water quality management plan after appropriate public participation and intergovernmental coordination.

2. WQM is a step-by-step process which involves several interrelated programs that establish controls on the discharge of pollutants and maintain existing water quality, thereby protecting state waters from degradation. That process is summarized below

a. The state establishes the water quality standards specified in this Chapter to reflect the goals for individual water bodies and provide the legal basis for antidegradation and for water pollution control. This Chapter also defines and designates water uses and criteria to protect those uses.

b. A series of water quality monitoring activities is conducted annually to provide the physical, chemical and biological data needed to determine the quality of state waters, identify pollution sources and help develop and enforce the water quality standards defined in this Chapter. Monitoring activities include maintaining monthly water quality stations, conducting intensive surveys and special studies, investigating pollution complaints, and assuring compliance of dischargers.

c. Water quality monitoring data and water body conditions are continually assessed to identify problem areas and assist in the development of water quality management plans and standards. The biennial Louisiana Water Quality Integrated Report is the state's principal tool in water quality assessment and identifies areas of water quality degradation.

d. The state's Water Quality Management Plan (WQMP) utilizes discharger data, various land use inventories, and the results of the monitoring and assessment programs to identify priority water quality problems. The WQMP contains the analyses used and management decisions made to control specific pollution sources and recommends control measures to attain the water quality standards. The plan includes provisions for identifying priority WQM basins and segments, allocating point source wasteloads, controlling nonpoint sources, general planning needs, and public participation.

e. A wastewater discharge permit is required for any discharge into state waters with the exception of those noted in LAC 33:IX.301.D and F. Permits based on water quality are developed to specify the wasteload content of the discharge that must not be exceeded to attain water quality standards and protect state waters from degradation. Other control activities include the development of best management practices for nonpoint source controls and water quality certification of federal permits.

f. Enforcement activities of the department help eliminate or ameliorate water quality degradation caused by both permitted and unpermitted discharges. Enforcement actions are directed at dischargers found to be in violation of the Water Control Law or effluent limits detailed in a wastewater permit.

g. The state's Continuing Planning Process (CPP) document describes those administrative, technical, and programmatic processes used by the state to implement its water pollution control program. The document contains detailed descriptions of each phase of implementation, from the planning of monitoring efforts, to the assessment and reporting of resulting data, to the decision-making process for carrying out policy promulgated by the department. To maintain an annual schedule of water quality needs and activities, the department also developed the Water Pollution Control Program Plan consistent with Section 106 of the Clean Water Act.

C. Specific Implementation Procedures for the Antidegradation Policy. The antidegradation policy is implemented by ensuring that for all new or increased discharges which may impact water quality and are permitted by the state, or for which there must be a permit on which the state comments, consideration is given to requirements of the policy. The basic principle of the policy is that water quality criteria specified in the standards shall not be exceeded and that designated uses will not be adversely impacted.

1. If either the criteria or uses cannot be attained, then a use attainability analysis will be conducted.

2. If a new or increased activity will impact water quality by either a point or nonpoint source discharge of pollutants, the state shall ensure that the activity will not impair the existing uses. If water quality will be degraded, the state shall ensure that an analysis consistent with the antidegradation policy is completed, and the intergovernmental coordination and public participation provisions of the state's continuing planning process are met. In the case of state or federal wastewater discharge permits, intergovernmental coordination and public participation may be accomplished through public notice of the permit. As with any permitted discharge to a water body not designated as an outstanding natural resource water, some change in existing water quality may occur; however, existing uses shall be maintained.

3. If a new or increased wastewater discharge or activity is proposed for an outstanding natural resource water body, the administrative authority shall not approve that discharge or activity if it will cause degradation, as defined in LAC 33:IX.1105, of the water body. A facility identified by the administrative authority as having an unpermitted discharge will be required to apply for an LPDES permit in accordance with LAC 33:IX.2501.A. The unpermitted discharge may be permitted if the discharge existed before the designation as an outstanding natural resource water body. Additionally, an existing unpermitted discharge of treated sanitary wastewater may also be permitted if no reasonable alternative discharge location is available.

"During the preparation of this permit, it has been determined that this discharge will have no adverse impact on the existing uses of the receiving water body. As with any discharge, however, some change in existing water quality may occur."

4. If a wastewater discharge or activity is proposed for an outstanding natural resource water body, as defined by this Chapter, the administrative authority shall not approve that activity if it will cause degradation of these waters. For these purposes, degradation is defined as a statistically significant difference at the 90 percent confidence interval from existing physical, chemical, and biological conditions. Existing discharges of treated sanitary wastewater may be allowed if no reasonable alternative discharge location is available or if the discharge existed before the designation as an outstanding natural resource water body.

La. Admin. Code tit. 33, § IX-1119

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 15:738 (September 1989), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2548 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 33:831 (May 2007), amended by the Office of the Secretary, Legal Division, LR 402244 (11/1/2014), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 461555 (11/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2074(B)(1).