La. Admin. Code tit. 33 § IX-4505

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

Section IX-4505 - Early Screening of Applications for Section 316(a) of the Act Variances

A. Any initial application for a Section 316(a) of the Act variance shall include the following early screening information:

1. a description of the alternative effluent limitation requested;

2. a general description of the method by which the discharger proposes to demonstrate that the otherwise applicable thermal discharge effluent limitations are more stringent than necessary;

3. a general description of the type of data, studies, experiments and other information which the discharger intends to submit for the demonstration; and

4. such data and information as may be available to assist the state administrative authority in selecting the appropriate representative important species.

B. After submitting the early screening information under Subsection A of this Section, the discharger shall consult with the state administrative authority at the earliest practicable time (but not later than 30 days after the application is filed) to discuss the discharger's early screening information. Within 60 days after the application is filed, the discharger shall submit to the Office of Environmental Services, for approval, a detailed plan of study that the discharger will undertake to support its Section 316(a) of the Act demonstration. The discharger shall specify the nature and extent of the following type of information to be included in the plan of study: biological, hydrographical and meteorological data; physical monitoring data; engineering or diffusion models; laboratory studies; representative important species; and other relevant information. In selecting representative important species, special consideration shall be given to species mentioned in applicable water quality standards. After the discharger submits its detailed plan of study, the state administrative authority shall either approve the plan or specify any necessary revisions to the plan. The discharger shall provide any additional information or studies that the state administrative authority subsequently determines necessary to support the demonstration, including such studies or inspections as may be necessary to select representative important species. The discharger may provide any additional information or studies that the discharger feels are appropriate to support the demonstration.

C. Any application for the renewal of a Section 316(a) of the Act variance shall include only such information described in LAC 33:IX.4505.A and B as the state administrative authority requests within 60 days after receipt of the permit application.

D. The state administrative authority shall promptly notify the secretary of commerce and the secretary of the interior, and any affected state of the filing of the request and shall consider any timely recommendations they submit.

E. In making the demonstration the discharger shall consider any information or guidance published by EPA or DEQ to assist in making such demonstrations.

F. If an applicant desires a ruling on a Section 316(a) of the Act application before the ruling on any other necessary permit terms and conditions, it shall so request upon filing its application under LAC 33:IX.4505.A. This request shall be granted or denied at the discretion of the state administrative authority.

Note: At the expiration of the permit, any discharger holding a Section 316(a) of the Act variance should be prepared to support the continuation of the variance with studies based on the discharger's actual operation experience.

La. Admin. Code tit. 33, § IX-4505

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 26:2555 (November 2000), repromulgated LR 30:231 (February 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2513 (October 2005), LR 33:2169 (October 2007).

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