La. Admin. Code tit. 33 § IX-4711

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

Section IX-4711 - May alternative requirements be authorized?

A. Any interested person may request that alternative requirements less stringent than those specified in LAC 33:IX.4709.A-E be imposed in the permit. The state administrative authority may establish alternative requirements less stringent than the requirements of LAC 33:IX.4709.A-E only if:

1. there is an applicable requirement under LAC 33:IX.4709.A-E;

2. the state administrative authority determines that data specific to the facility indicate that compliance with the requirement at issue would result in compliance costs wholly out of proportion to those EPA considered in establishing the requirement at issue or would result in significant adverse impacts on local air quality, significant adverse impacts on local water resources other than impingement or entrainment, or significant adverse impacts on local energy markets;

3. the alternative requirement requested is no less stringent than justified by the wholly out of proportion cost or the significant adverse impacts on local air quality, significant adverse impacts on local water resources other than impingement or entrainment, or significant adverse impacts on local energy markets; and

4. the alternative requirement will ensure compliance with other applicable provisions of the CWA and any applicable requirement of state law.

B. The burden is on the person requesting the alternative requirement to demonstrate that the alternative requirements should be authorized.

La. Admin. Code tit. 33, § IX-4711

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 28:1771 (August 2002), amended LR 29:2375 (November 2003), repromulgated LR 30:232 (February 2004).

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