La. Admin. Code tit. 33 § IX-2709

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

Section IX-2709 - Calculating LPDES Permit Conditions

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.

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.

(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.

C. Metals. All permit effluent limitations, standards, or prohibitions for a metal shall be expressed in terms of total recoverable metal as defined in 40 CFR Part 136 (see LAC 33:IX.4901) unless:

1. an applicable effluent standard or limitation has been promulgated under the CWA or the LEQA and specifies the limitation for the metal in the dissolved or valent or total form; or

2. in establishing permit limitations on a case-by-case basis under LAC 33:IX.3705, it is necessary to express the limitation on the metal in the dissolved or valent or total form to carry out the provisions of the CWA and the LEQA; or

3. all approved analytical methods for the metal inherently measure only its dissolved form (e.g., hexavalent chromium).

D. Continuous Discharges. For continuous discharges all permit effluent limitations, standards, and prohibitions, including those necessary to achieve water quality standards, shall unless impracticable be stated as:

1. maximum daily and average monthly discharge limitations for all dischargers other than publicly owned treatment works; and

2. average weekly and average monthly discharge limitations for POTWs.

E. Noncontinuous Discharges. Discharges which are not continuous, as defined in LAC 33:IX.2313, shall be particularly described and limited, considering the following factors, as appropriate:

1. frequency (for example, a batch discharge shall not occur more than once every three weeks);

2. total mass (for example, not to exceed 100 kilograms of zinc and 200 kilograms of chromium per batch discharge);

3. maximum rate of discharge of pollutants during the discharge (for example, not to exceed 2 kilograms of zinc per minute); and

4. prohibition or limitation of specified pollutants by mass, concentration, or other appropriate measure (for example, shall not contain at any time more than 0.1 mg/L zinc or more than 250 grams (1/4 kilogram) of zinc in any discharge).

F. Mass Limitations

1. All pollutants limited in permits shall have limitations, standards or prohibitions expressed in terms of mass except:

a. for pH, temperature, radiation, or other pollutants which cannot appropriately be expressed by mass;

b. when applicable standards and limitations are expressed in terms of other units of measurement; or

c. if in establishing permit limitations on a case-by-case basis under LAC 33:IX.3705, limitations expressed in terms of mass are infeasible because the mass of the pollutant discharged cannot be related to a measure of operation (for example, discharges of TSS from certain mining operations), and permit conditions ensure that dilution will not be used as a substitute for treatment.

2. Pollutants limited in terms of mass additionally may be limited in terms of other units of measurement, and the permit shall require the permittee to comply with both limitations.

G. Pollutants in Intake Water

1. Upon request of the discharger, technology-based effluent limitations or standards shall be adjusted to reflect credit for pollutants in the discharger's intake water if:

a. the applicable effluent limitations and standards contained in 40 CFR Subchapter N (see LAC 33:IX.4903) specifically provide that they shall be applied on a net basis; or

b. the discharger demonstrates that the control system it proposes or uses to meet applicable technology-based limitations and standards would, if properly installed and operated, meet the limitations and standards in the absence of pollutants in the intake waters.

2. Credit for generic pollutants such as biochemical oxygen demand (BOD) or total suspended solids (TSS) should not be granted unless the permittee demonstrates that the constituents of the generic measure in the effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

3. Credit shall be granted only to the extent necessary to meet the applicable limitation or standard, up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with permit limits.

4. Credit shall be granted only if the discharger demonstrates that the intake water is drawn from the same body of water into which the discharge is made. The state administrative authority may waive this requirement if he finds that no environmental degradation will result.

5. This Section does not apply to the discharge of raw water clarifier sludge generated from the treatment of intake water.

H. Internal Waste Streams

1. When permit effluent limitations or standards imposed at the point of discharge are impractical or infeasible, effluent limitations or standards for discharges of pollutants may be imposed on internal waste streams before mixing with other waste streams or cooling water streams. In those instances, the monitoring required by LAC 33:IX.2707.I shall also be applied to the internal waste streams.

2. Limits on internal waste streams will be imposed only when the fact sheet under LAC 33:IX.3305 sets forth the exceptional circumstances which make such limitations necessary, such as when the final discharge point is inaccessible (for example, under 10 meters of water), the wastes at the point of discharge are so diluted as to make monitoring impracticable, or the interferences among pollutants at the point of discharge would make detection or analysis impracticable.

I. Disposal of Pollutants into Wells, into POTWs or by Land Application. Permit limitations and standards shall be calculated as provided in LAC 33:IX.2717.

La. Admin. Code tit. 33, § IX-2709

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2554 (November 2000), LR 28:470 (March 2002), repromulgated LR 30:230 (February 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2513 (October 2005), LR 33:2168 (October 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)