Statutes, codes, and regulations
Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITYPart IX - Water QualitySubpart 2 - The Louisiana Pollutant Discharge Elimination System (LPDES) ProgramChapter 47 - Criteria Applicable to Cooling Water Intake Structures under Section 316(b) of the Clean Water Act
Subchapter C - Requirements Applicable to Cooling Water Intake Structures for New Offshore Oil and Gas Extraction Facilities Under Section 316(b) of the Clean Water Act
Section IX-4763 - Who is subject to this Subchapter?

La. Admin. Code tit. 33 § IX-4763

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Current through Register Vol. 50, No. 6, June 20, 2024
Section IX-4763 - Who is subject to this Subchapter?
A. This Subchapter applies to a new offshore oil and gas extraction facility if it meets all of the following criteria.
1. It is a point source that uses or proposes to use a cooling water intake structure.
2. It has at least one cooling water intake structure that uses at least 25 percent of the water it withdraws for cooling purposes as specified in Subsection C of this Section.
3. It has a design intake flow greater than 2 million gallons per day (MGD).
B. Use of a cooling water intake structure includes obtaining cooling water by any sort of contract or arrangement with an independent supplier (or multiple suppliers) of cooling water if the supplier or suppliers withdraw water from waters of the United States. Use of cooling water does not include obtaining cooling water from a public water system or the use of treated effluent that otherwise would be discharged to a water of the U.S.
C. The threshold requirement that at least 25 percent of water withdrawn be used for cooling purposes must be measured on an average monthly basis. A new offshore oil and gas extraction facility meets the 25 percent cooling water threshold if, based on the new facility's design, any monthly average over a year for the percentage of cooling water withdrawn is expected to equal or exceed 25 percent of the total water withdrawn.
D. Neither this Subchapter nor Subchapter A of this Chapter applies to seafood processing vessels or offshore liquefied natural gas import terminals that are new facilities as defined in LAC 33:IX.4707. Seafood processing vessels and offshore liquefied natural gas import terminals must meet requirements established by the administrative authority on a case-by-case, best professional judgment (BPJ) basis.

La. Admin. Code tit. 33, § IX-4763

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 33:2071 (October 2007).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)