La. Admin. Code tit. 33 § IX-3313

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

Section IX-3313 - Special Procedures for Decisions on Thermal Variances under Section 316(a) of the CWA

A. The only issues connected with issuance of a particular permit on which DEQ will make a final agency decision before the final permit is issued under LAC 33:IX.3123 are whether alternative effluent limitations would be justified under CWA Section 316(a) and whether cooling water intake structures will use the best available technology under CWA Section 316(b) Permit applicants who wish an early decision on these issues should request it and furnish supporting reasons at the time their permit applications are filed under LAC 33:IX.2501. The state administrative authority will then decide whether or not to make an early decision. If it is granted, both the early decision on CWA Section 316(a) or (b) issues and the grant of the balance of the permit shall be considered permit issuance under these regulations, and shall be subject to the same requirements of public notice and comment and the same opportunity for a hearing.

B. If the state administrative authority, on review of the administrative record, determines that the information necessary to decide whether or not the CWA Section 316(a) issue is not likely to be available in time for a decision on permit issuance, the state administrative authority may issue a permit under LAC 33:IX.3123 for a term up to five years. This permit shall require achievement of the effluent limitations initially proposed for the thermal component of the discharge no later than the date otherwise required by law. However, the permit shall also afford the permittee an opportunity to file a demonstration under CWA Section 316(a) after conducting such studies as are required under LAC 33:IX.Chapter 45. A new discharger may not exceed the thermal effluent limitation which is initially proposed unless and until its CWA Section 316(a) variance request is finally approved.

C. Any proceeding held under LAC 33:IX.3313.A shall be publicly noticed as required by LAC 33:IX.3113 and shall be conducted at a time allowing the permittee to take necessary measures to meet the final compliance date in the event its request for modification of thermal limits is denied.

D. Whenever the state administrative authority defers the decision under CWA Section 316(a), any decision under Section CWA 316(b) may be deferred.

La. Admin. Code tit. 33, § IX-3313

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), repromulgated by the Office of Environmental Assessment, Environmental Planning Division, LR 30:231 (February 2004).

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