La. Admin. Code tit. 33 § IX-4301
Current through Register Vol. 50, No. 6, June 20, 2024
Section IX-4301 - Purpose and ScopeA. This Chapter establishes the criteria and standards to be used in determining whether effluent limitations alternative to those required by promulgated EPA effluent limitations guidelines under Sections 301 of the Act (hereinafter referred to as "national limits") should be imposed on a discharger because factors relating to the discharger's facilities, equipment, processes or other factors related to the discharger are fundamentally different from the factors considered by EPA in development of the national limits. This Chapter applies to all national limitations promulgated under Sections 304 of the Act, except for the BPT limits contained in 40 CFR 423.12 (steam electric generating point source category).B. In establishing national limits, EPA takes into account all the information it can collect, develop and solicit regarding the factors listed in Sections 304(b) of the Act. In some cases, however, data which could affect these national limits as they apply to a particular discharge may not be available or may not be considered during their development. As a result, it may be necessary on a case-by-case basis to adjust the national limits, and make them either more or less stringent as they apply to certain dischargers within an industrial category or subcategory. This will only be done if data specific to that discharger indicates it presents factors fundamentally different from those considered by EPA in developing the limit at issue. Any interested person believing that factors relating to a discharger's facilities, equipment, processes or other facilities related to the discharger are fundamentally different from the factors considered during development of the national limits may request a fundamentally different factors variance under 40 CFR 122.21(l)(1). In addition, such a variance may be proposed by the Director in the draft permit.La. Admin. Code tit. 33, § IX-4301
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)