La. Admin. Code tit. 33 § IX-4305

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

Section IX-4305 - Method of Application

A. Written request for a variance under this Chapter shall be submitted in duplicate to the state administrative authority in accordance with LAC 33:IX.2501.L.1 and LAC 33:IX.3103.

B. The burden is on the person requesting the variance to explain that:

1. factor(s) listed in LAC 33:IX.4303.B regarding the discharger's facility are fundamentally different from the factors EPA considered in establishing the national limits. The requester should refer to all relevant material and information, such as the published guideline regulations development document, all associated technical and economic data collected for use in developing each national limit, all records of legal proceedings, and all written and printed documentation including records of communication, etc., relevant to the regulations which are kept on public file by the EPA;

2. the alternative limitations requested are justified by the fundamental difference alleged in LAC 33:IX.4303; and

3. the appropriate requirements of LAC 33:IX.4301.B have been met.

La. Admin. Code tit. 33, § IX-4305

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 28:473 (March 2002), repromulgated 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)