Current through Register Vol. 50, No. 9, September 20, 2024
A. Any permittee shall report to the Office
of Environmental Services any facility changes that result in increases in the
quantity of pollutants discharged or decreases in the quality of the
discharges. The permittee shall also report any facility changes that result in
decreases in the quantity of pollutants discharged or increases in the quality
of discharges of pollutants where such change is expected to last in excess of
180 days. Such report shall be by submission of a modified permit application
or, if the discharge does not violate the effluent limitations specified in the
permit, by submission of notice to the Office of Environmental Services of the
nature of such facility changes. The permittee shall not commence any facility
expansion, production increases, or process modifications that result in new or
increased discharges of pollutants without receiving a modified LWDPS permit or
written authorization from the Office of Environmental Services. The provisions
of this Subsection shall not apply to facility changes that were considered
during the permitting process.
B.
When the Office of Environmental Services receives any new information or
receives a request for modification or revocation, such permit may, after an
opportunity for hearing, be modified, or alternatively revoked and reissued, in
whole or in part, for cause, including but not limited to:
1. violations of any terms or conditions of
the permit;
2. obtaining a permit
by misrepresentation or failure to disclose fully all relevant facts;
3. a change in any condition that results in
either a temporary (greater than 180 days) or permanent reduction or
elimination of any discharge controlled by the permit;
4. the department has received new
information; permits may be modified during their terms for this cause only if
the information was not available at the time of permit issuance (other than
revised regulations, guidance, or test methods) and would have justified the
application of different permit conditions at the time of issuance;
5. material and substantial alterations or
additions to the permitted facility or activity which occurred after permit
issuance which justify the application of permit conditions that are different
or absent in the existing permit;
6. the standards, or prohibitions on which
the permit was based have been changed by promulgation of amended standards or
regulations or by judicial decision after the permit was issued;
7. failure to report any facility changes as
described in LAC 33:IX.307.A;
8.
change of ownership or operational control (see LAC 33:IX.311.D);
9. when the level of discharge of any
pollutant which is not limited in the permit exceeds the level which can be
achieved by the technology-based treatment requirements appropriate to the
permittee under a BPJ determination;
10. when the permittee demonstrates operation
and maintenance costs that are totally disproportionate from the operation and
maintenance costs considered in the development of a subsequently promulgated
effluent limitations guideline, but in no case may the limitations be made less
stringent than the subsequent guideline;
11. the nonconformance of the discharge with
any applicable facility, basin or areawide plans; or
12. permit inconsistency with any duly
promulgated effluent limitation, permit, regulation, statute, or other
applicable state law.
C.
Only those permit conditions that are subject to modification are reopened for
comment in a public hearing. When a permit is revoked and reissued, the
administrative authority may either allow only those portions modified to be
reopened, or may decide that the entire permit is reopened just as if the
permit has expired and is being reissued.
D. If a permit modification satisfies the
following minor modification criteria, the permit may be modified without
issuance of a draft permit or public review. Any permit modification not
processed as a minor modification shall be made in accordance with a fact sheet
and public notice requirements as described in LAC 33:IX.313 and 315. Minor
modifications may only:
1. correct
typographical errors;
2. require a
change in the frequency of monitoring or reporting by the permittee;
3. change an interim compliance date in a
schedule of compliance, provided the new date is not more than 120 days after
the date specified in the existing permit and does not interfere with
attainment of the final compliance date requirement;
4. allow for a change in ownership or
operational control of a facility where the Office of Environmental Services
determines that no other change in the permit is necessary, provided that a
written agreement containing a specific date for transfer of permit
responsibility, coverage, and liability between the current and new permittees
has been submitted to the department (see LAC 33:IX.307.B.8 and
311.D);
5. change the construction
schedule for a discharger which is a new source or modification of an existing
source. No such change shall affect a discharger's obligation to have all
pollution control equipment installed and in operation prior to
discharge;
6. delete a point source
outfall when the discharge from that outfall is terminated and does not result
in discharge of pollutants from other outfalls except in accordance with permit
limits; or
7. make changes in other
minor provisions within the permit on a case-by-case basis.
E. Modification cannot extend a
permit beyond its original five-year duration.
F. Requests for modification or revocation,
and reissuance do not suspend any permit condition during the processing of the
request.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2001 et seq., and in particular Section
2074(B)(3) and (B)(4)
