La. Admin. Code tit. 33 § IX-4731

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

Section IX-4731 - What are the purpose and scope of this Subchapter?

A. This Subchapter establishes requirements that apply to the location, design, construction, and capacity of cooling water intake structures at existing facilities that are subject to this Subchapter (i.e., Phase II existing facilities). The purpose of these requirements is to establish the best technology available for minimizing adverse environmental impact associated with the use of cooling water intake structures. These requirements are implemented through LPDES permits issued under Section 402 of the Clean Water Act (CWA), under the assumption of the NPDES program.

B. Existing facilities that are not subject to requirements under Subchapter A or B of this Chapter shall meet requirements under Section 316(b) of the CWA determined by the state administrative authority on a case-by-case, best professional judgment (BPJ) basis.

C. Alternative Regulatory Requirements. Notwithstanding any other provision of this Subchapter, if a state demonstrates to the administrator that it has adopted alternative regulatory requirements in its NPDES program that will result in environmental performance within a watershed that is comparable to the reductions of impingement mortality and entrainment that would otherwise be achieved under LAC 33:IX.4737, the administrator shall approve such alternative regulatory requirements.

D. Nothing in this Subchapter shall be construed to preclude or deny the right of any state or political subdivision of a state or any interstate agency under Section 510 of the CWA to adopt or enforce any requirement with respect to control or abatement of pollution that is not less stringent than those required by federal law.

La. Admin. Code tit. 33, § IX-4731

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, LR 31:427 (February 2005).

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