La. Admin. Code tit. 33 § IX-2905

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

Section IX-2905 - Minor Modifications of Permits

A. Upon the consent of the permittee, the state administrative authority may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this Section, without following the procedures of LAC 33:IX.Chapters 31-35. Any permit modification not processed as a minor modification under this Section must be made for cause and with LAC 33:IX.Chapters 31-35 draft permit and public notice as required in LAC 33:IX.2903. Minor modifications may only:

1. correct typographical errors;

2. require more frequent monitoring or reporting by the permittee;

3. change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement; or

4. allow for a change in ownership or operational control of a facility, in accordance with LAC 33:I.Chapter 19, where the state administrative authority determines that no other change in the permit is necessary;

a. change the construction schedule for a discharger which is a new source. No such change shall affect a discharger's obligation to have all pollution control equipment installed and in operation prior to discharge under 40 CFR 122.29;

b. delete a point source outfall when the discharge from that outfall is terminated and does not result in discharge of pollutants from other outfalls except in accordance with permit limits;

6. Reserved.

7. incorporate conditions of a POTW pretreatment program that has been approved in accordance with the procedures in LAC 33:IX.6121 (or a modification thereto that has been approved in accordance with the procedures in LAC 33:IX.6135) as enforceable conditions of the POTW's permit; and

8. incorporate changes to the terms of a CAFO's nutrient management plan that have been revised in accordance with the requirements of LAC 33:IX.2703.E.6.

B. In addition to the modifications identified in Paragraphs A. 1-8 of this Section, the following changes

associated with renewal applications shall be considered minor modifications for the purposes of R.S. 30:2018(E)(4):

1. changes to existing outfall descriptions;

2. changes to production or flow rate increases achieved through better efficiency or increased demand without the construction or addition of new unit(s) or outfall(s);

3. the addition of outfalls previously permitted under another LPDES permit;

4. the addition of waste load allocations assigned by total maximum daily loads or Clean Water Act §303(d) impairment; and

5. any other changes determined to be minor by the administrative authority.

La. Admin. Code tit. 33, § IX-2905

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 27:46 (January 2001), repromulgated LR 30:231 (February 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2431 (October 2005), LR 35:654 (April 2009). Amended by the Office of the Secretary, Legal Division, LR 41536 (3/1/2015).

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