La. Admin. Code tit. 33 § IX-2501

Current through Register Vol. 50, No. 9, September 20, 2024

Section IX-2501 - Application for a Permit

A. Duty to Apply

1. Any person who discharges or proposes to discharge pollutants or who owns or operates a sludge-only facility whose sewage sludge use or disposal practice is regulated by 40 CFR Part 503, and who does not have an effective permit, except persons covered by general permits under LAC 33:IX.2515, or discharges excluded under LAC 33:IX.2315, or a user of a privately owned treatment works unless the state administrative authority requires otherwise under LAC 33:IX.2707.M, must submit a complete application to the Office of Environmental Services in accordance with this Section and LAC 33:IX.Chapters 31-35. All concentrated animal feeding operations have a duty to seek coverage under an LPDES permit as described in LAC 33:IX.2505.D.

2. Application Forms

a. All applicants for LPDES permits must submit applications on either state- or EPA-approved permit application forms. More than one application form may be required from a facility depending on the number and types of discharges or outfalls found there. Application forms may be obtained by contacting the Office of Environmental Services or may be obtained electronically through the department's website.

b. Applications for LPDES permits may be submitted on EPA application forms as follows:

i. all applicants for permits, other than permits for POTWs and TWTDS, must submit Form 1;

ii. applicants for permits for new and existing POTWs must submit the information contained in Subsection J of this Section using Form 2A or other form provided by the state administrative authority;

iii. applicants for permits for concentrated animal feeding operations or aquatic animal production facilities must submit Form 2B;

iv. applicants for permits for existing industrial facilities (including manufacturing facilities, commercial facilities, mining activities, and silvicultural activities) must submit Form 2C;

v. applicants for permits for new industrial facilities that discharge process wastewater must submit Form 2D;

vi. applicants for permits for new and existing industrial facilities that discharge only nonprocess wastewater must submit Form 2E;

vii. applicants for permits for new and existing facilities whose discharge is composed entirely of storm water associated with industrial activity must submit Form 2F, unless exempted by LAC 33:IX:2511.C.1.b. If the discharge is composed of storm water and non-storm water, the applicant must submit Forms 2C, 2D, and/or 2E, as appropriate (in addition to Form 2F); and

viii. applicants for permits for new and existing TWTDS, subject to Subparagraph C.1.b of this Section, must submit the application information required by Subsection Q of this Section, using Form 2S or other form provided by the state administrative authority.

B. Who applies? When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit.

C. Time to Apply

1. Permits under Section 405(f) of the CWA

a. All TWTDS whose sewage sludge use or disposal practices are regulated by 40 CFR Part 503 must submit permit applications according to the applicable schedule in Subparagraph C.1.b of this Section.

b. A TWTDS with a currently effective LPDES permit must submit a permit application at the time of its next LPDES permit renewal application. Such information must be submitted in accordance with Subsection D of this Section.

c. Any other TWTDS not addressed under Subparagraph C.1.a or b of this Section must submit the information listed in Clauses C.1.c.i-v of this Section, to the Office of Environmental Services within one year after publication of a standard applicable to its sewage sludge use or disposal practice(s), using Form 2S or another form provided by the department. The Office of Environmental Services will determine when such TWTDS must submit a full permit application. The following information must be submitted:

i. the name, mailing address, and location of the TWTDS, and status as federal, state, private, public, or other entity;

ii. the applicant's name, address, telephone number, email address, and ownership status;

iii. a description of the sewage sludge use or disposal practices. Unless the sewage sludge meets the requirements of Subparagraph Q.8.d of this Section, the description must include the name and address of any facility where sewage sludge is sent for treatment or disposal and the location of any land application sites;

iv. the annual amount of sewage sludge generated, treated, used, or disposed (dry weight basis); and

v. the most recent data the TWTDS may have on the quality of the sewage sludge.

d. Notwithstanding Subparagraph C.1.a, b, or c of this Section, the state administrative authority may require permit applications for any TWTDS at any time if the state administrative authority determines that a permit is necessary to protect public health and the environment from any potential adverse effects that may occur from toxic pollutants in sewage sludge.

e. Any owner or operator of a TWTDS that commences operations after promulgation of an applicable standard for sewage sludge use or disposal shall submit an application to the Office of Environmental Services at least 180 days prior to the date proposed for commencing operations.

D. Duty to Reapply

1. Any POTW with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the state administrative authority. (The state administrative authority shall not grant permission for applications to be submitted later than the expiration date of the existing permit.)

2. All other permittees with currently effective permits shall submit a new application 180 days before the existing permit expires, except that the state administrative authority may grant permission to submit an application later than the deadline for submission otherwise applicable, but no later than the permit expiration date.

E. Completeness

1. The state administrative authority shall not issue a permit before receiving a complete application for a permit except for LPDES general permits. An application for a permit is complete when the state administrative authority receives an application form and any supplemental information that are completed to his or her satisfaction. The completeness of any application for a permit shall be judged independently of the status of any other permit application or permit for the same facility or activity. For the department administered LPDES program, an application that is reviewed under LAC 33:IX.3103 is complete when the state administrative authority receives either a complete application or the information listed in a notice of deficiency.

2. A permit application shall not be considered complete if a permitting authority has waived application requirements under Subsections J and Q of this Section and EPA has disapproved the waiver application. If a waiver request has been submitted to EPA more than 210 days prior to permit expiration and EPA has not disapproved the waiver application 181 days prior to permit expiration, the permit application lacking the information subject to the waiver application shall be considered complete.

F. Information Requirements. All applicants for LPDES permits, other than permits for POTWs and other TWTDS, must provide the information in Paragraphs F. 1-11 of this Section to the Office of Environmental Services using the application form provided by the state administrative authority (additional information required of applicants is set forth in subsections G-K and Q-R of this section and LAC 33:1.1701):

1. the activities conducted by the applicant which require it to obtain an LPDES permit;

2. name, mailing address, and location of the facility for which the application is submitted;

3. up to four SIC codes and up to four NAICS codes which best reflect the principal products or services provided by the facility;

4. the operator's name, address, telephone number, email address, ownership status, and status as federal, state, private, public, or other entity;

5. whether the facility is located on Indian lands;

6. a listing of all permits or construction approvals received or applied for under any of the following programs:

a. Hazardous Waste Management program under RCRA;

b. UIC program under SDWA;

c. NPDES program under CWA;

d. Prevention of Significant Deterioration (PSD) program under the Clean Air Act;

e. nonattainment program under the Clean Air Act;

f. National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;

g. ocean dumping permits under the Marine Protection Research and Sanctuaries Act;

h. dredge or fill permits under Section 404 of the CWA; and

i. other relevant environmental permits, including state permits;

7. a topographic map (or other map if a topographic map is unavailable) extending 1 mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area;

8. a brief description of the nature of the business;

9. additional application requirements in LAC 33:IX.6505.A and LAC 33:1.1701;

10. an indication of whether the facility uses cooling water and the source of the cooling water; and

11. an indication of whether the facility is requesting any of the variances at LAC 33:IX.2501.L.

G. Application Requirements for Existing Manufacturing, Commercial, Mining, and Silvicultural Dischargers. Existing manufacturing, commercial, mining, and silvicultural dischargers applying for LPDES permits, except for those facilities subject to the requirements of Subsection H of this Section, shall provide the following information to the Office of Environmental Services using application forms provided by the state administrative authority:

1. Outfall Location. The latitude and longitude to the nearest 15 seconds and the name of the receiving water. Additional outfall location requirements are found in LAC 33:IX.6505.B.

2. Line Drawing. A line drawing of the water flow through the facility with a water balance, showing operations contributing wastewater to the effluent and treatment units. Similar processes, operations, or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification under LAC 33:IX.2501.G.3. The water balance must show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined (for example, for certain mining activities), the applicant may provide instead a pictorial description of the nature and amount of any sources of water and any collection and treatment measures.

3. Average Flows and Treatment. A narrative identification of each type of process, operation, or production area which contributes wastewater to the effluent for each outfall, including process wastewater, cooling water, and storm water runoff; the average flow which each process contributes; and a description of the treatment the wastewater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge. Processes, operations, or production areas may be described in general terms (for example, dye-making reactor, distillation tower). For a privately owned treatment works, this information shall Include the identity of each user of the treatment works. The average flow of point sources composed of storm water may be estimated. The basis for the rainfall event and the method of estimation must be indicated.

4. Intermittent Flows. If any of the discharges described in LAC 33:IX.2501.G.3 are intermittent or seasonal, a description of the frequency, duration and flow rate of each discharge occurrence (except for storm water runoff, spillage or leaks).

5. Maximum Production. If an effluent guideline promulgated under Section 304 of the CWA applies to the applicant and is expressed in terms of production (or other measure of operation), a reasonable measure of the applicant's actual production reported in the units used in the applicable effluent guideline. The reported measure must reflect the actual production of the facility as required by LAC 33:IX.2709.B.2.

6. Improvements. If the applicant is subject to any present requirements or compliance schedules for construction, upgrading or operation of waste treatment equipment, an identification of the abatement requirement, a description of the abatement project, and a listing of the required and projected final compliance dates.

7. Effluent Characteristics

a. Information on the discharge of pollutants specified in this Subparagraph (except information on storm water discharges that is to be provided as specified in LAC 33:IX.2511). When quantitative data for a pollutant are required, the applicant must collect a sample of effluent and analyze it for the pollutant in accordance with analytical methods approved under 40 CFR Part 136 (see LAC 33:IX.4901). When no analytical method is approved, the applicant may use any suitable method, but must provide a description of the method. When an applicant has two or more outfalls with substantially identical effluents, the state administrative authority may allow the applicant to test only one outfall and report that the quantitative data also apply to the substantially identical outfall. The requirements in Subparagraphs G.7.f and g of this Section that an applicant must provide quantitative data for certain pollutants known or believed to be present do not apply to pollutants present in a discharge solely as the result of their presence in intake water; however, an applicant must report such pollutants as present. Grab samples must be used for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform, and fecal streptococcus. For all other pollutants, 24-hour composite samples must be used. However, a minimum of one grab sample may be taken for effluents from holding ponds or other impoundments with a retention period greater than 24 hours. In addition, for discharges other than storm water discharges, the state administrative authority may waive composite sampling for any outfall for which the applicant demonstrates that the use of an automatic sampler is infeasible and that the minimum of four grab samples will be a representative sample of the effluent being discharged.

b. Storm Water Discharges. For storm water discharges, all samples shall be collected from the discharge resulting from a storm event that is greater than 0.1 inch and at least 72 hours from the previously measurable (greater than 0.1 inch rainfall) storm event. Where feasible, the variance in the duration of the event and the total rainfall of the event should not exceed 50 percent from the average or median rainfall event in that area. For all applicants, a flow-weighted composite shall be taken for either the entire discharge or for the first three hours of the discharge. The flow-weighted composite sample for a storm water discharge may be taken with a continuous sampler or as a combination of a minimum of three sample aliquots taken in each hour of discharge for the entire discharge or for the first three hours of the discharge, with each aliquot being separated by a minimum period of 15 minutes (applicants submitting permit applications for storm water discharges under LAC 33:IX.2511.D may collect flow weighted composite samples using different protocols with respect to the time duration between the collection of sample aliquots, subject to the approval of the state administrative authority). However, a minimum of one grab sample may be taken for storm water discharges from holding ponds or other impoundments with a retention period greater than 24 hours. For a flow-weighted composite sample, only one analysis of the composite of aliquots is required. For storm water discharge samples, taken from discharges associated with industrial activities, quantitative data must be reported for the grab sample taken during the first 30 minutes (or as soon thereafter as practicable) of the discharge for all pollutants specified in LAC 33:IX.2511.C.1. For all storm water permit applicants taking flow-weighted composites, quantitative data must be reported for all pollutants specified in LAC 33:IX.2511 except pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform, and fecal streptococcus. The state administrative authority may allow or establish appropriate site-specific sampling procedures or requirements, including sampling locations, the season in which the sampling takes place, the minimum duration between the previous measurable storm event and the storm event sampled, the minimum or maximum level of precipitation required for an appropriate storm event, the form of precipitation sampled (snow melt or rain fall), protocols for collecting samples under 40 CFR Part 136 (see LAC 33:IX.4901), and additional time for submitting data on a case-by-case basis. An applicant is expected to know or have reason to believe that a pollutant is present in an effluent based on an evaluation of the expected use, production, or storage of the pollutant, or on any previous analyses for the pollutant. (For example, any pesticide manufactured by a facility may be expected to be present in contaminated storm water runoff from the facility.)

c. Reporting Requirements. Every applicant must report quantitative data for every outfall for the following pollutants:

i. biochemical oxygen demand (BOD₅);

ii. chemical oxygen demand;

iii. total organic carbon;

iv. total suspended solids;

v. ammonia (as N);

vi. temperature (both winter and summer); and

vii. pH.

d. The state administrative authority may waive the reporting requirements for individual point sources or for a particular industry category for one or more of the pollutants listed in Subparagraph G.7.c of this Section if the applicant has demonstrated that such a waiver is appropriate because information adequate to support issuance of a permit can be obtained with less stringent requirements.

e. Each applicant with processes in one or more primary industry category (see LAC 33:IX.7101.Appendix A of this Subpart) contributing to a discharge must report quantitative data for the following pollutants in each outfall containing process wastewater:

i. the organic toxic pollutants in the fractions designated in LAC 33:IX.7107.Appendix D, Table I of this Subpart for the applicant's industrial category or categories unless the applicant qualifies as a small business under Paragraph G.8 of this Section. LAC 33:IX.7107.Appendix D, Table II of this Subpart lists the organic toxic pollutants in each fraction. The fractions result from the sample preparation required by the analytical procedure that uses gas chromatography/mass spectrometry. A determination that an applicant falls within a particular industrial category for the purposes of selecting fractions for testing is not conclusive as to the applicant's inclusion in that category for any other purposes; [See Notes 2 and 3 of this Section.]

ii. the pollutants listed in LAC 33:IX.7017.Appendix D, Table III of this Subpart (the toxic metals, cyanide, and total phenols).

f.

i. Each applicant must indicate whether it knows or has reason to believe that any of the pollutants in LAC 33:IX.7107.Appendix D, Table IV of this Subpart (certain conventional and nonconventional pollutants) are discharged from each outfall. If an applicable effluent limitations guideline either directly limits the pollutant or, by its express terms, indirectly limits the pollutant through limitations on an indicator, the applicant must report quantitative data. For every pollutant discharged that is not so limited in an effluent limitations guideline, the applicant must either report quantitative data or briefly describe the reasons the pollutant is expected to be discharged.

ii. Each applicant must indicate whether it knows or has reason to believe that any of the pollutants listed in LAC 33:IX.7107.Appendix D, Table II or III of this Subpart (the toxic pollutants and total phenols) for which quantitative data are not otherwise required under Subparagraph G.7.e of this Section, are discharged from each outfall. For every pollutant expected to be discharged in concentrations of 10 ppb or greater the applicant must report quantitative data. For acrolein, acrylonitrile, 2,4-dinitrophenol, and 2-methyl-4,6-dinitrophenol, where any of these four pollutants are expected to be discharged in concentrations of 100 ppb or greater the applicant must report quantitative data. For every pollutant expected to be discharged in concentrations less than 10 ppb, or in the case of acrolein, acrylonitrile, 2,4-dinitrophenol, and 2-methyl-4,6-dinitrophenol, in concentrations less than 100 ppb, the applicant must either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged. An applicant qualifying as a small business under Paragraph G.8 of this Section is not required to analyze for pollutants listed in LAC 33:IX.7107.Appendix D, Table II of this Subpart (the organic toxic pollutants).

g. Each applicant must indicate whether it knows or has reason to believe that any of the pollutants in LAC 33:IX.7107.Appendix D, Table V of this Subpart (certain hazardous substances and asbestos) are discharged from each outfall. For every pollutant expected to be discharged, the applicant must briefly describe the reasons the pollutant is expected to be discharged, and report any quantitative data it has for any pollutant.

h. Each applicant must report qualitative data, generated using a screening procedure not calibrated with analytical standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if it:

i. uses or manufactures 2,4,5-trichlorophenoxy acetic acid (2,4,5,-T); 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP); 2-(2,4,5 trichlorophenoxy) ethyl, 2,2-dichloropropionate (Erbon); O,O-dimethyl O-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel); 2,4,5-trichlorophenol (TCP); or hexachlorophene (HCP); or

ii. knows or has reason to believe that TCDD is or may be present in an effluent.

i. where quantitative data are required in Subparagraphs G7.a-h of this Section, existing data may be used, if available, in lieu of sampling done solely for the purpose of the application, provided that:

i. all data requirements are met;

ii. sampling was performed, collected, and analyzed no more than four and one-half years prior to submission;

iii. all data are representative of the discharge; and

iv. all available representative data are considered in the values reported.

8. Small Business Exemption. An applicant that qualifies as a small business under one of the following criteria is exempt from the requirements in Clause G.7.e.i or f.i of this Section to submit quantitative data for the pollutants listed in LAC 33:IX.7107.Appendix D, Table II of this Subpart (the organic toxic pollutants):

a. for coal mines, a probable total annual production of less than 100,000 tons per year;

b. for all other applicants, gross total annual sales averaging less than $100,000 per year (in second quarter 1980 dollars).

9. Used or Manufactured Toxics. A listing of any toxic pollutant which the applicant currently uses or manufactures as an intermediate or final product or byproduct. The state administrative authority may waive or modify this requirement for any applicant if the applicant demonstrates that it would be unduly burdensome to identify each toxic pollutant and the state administrative authority has adequate information to Issue the permit.

10. Reserved.

11. Biological Toxicity Tests. An identification of any biological toxicity tests which the applicant knows or has reason to believe have been made within the last three years on any of the applicant's discharges or on a receiving water in relation to a discharge.

12. Contract Analyses. If a contract laboratory or consulting firm performed any of the analyses required by LAC 33:IX.2501.G.7, the identity of each laboratory or firm and the analyses performed.

13. Additional Information. In addition to the information reported on the application form, applicants shall provide to the state administrative authority, at his or her request, such other information as the state administrative authority may reasonably require to assess the discharges of the facility and to determine whether to issue an LPDES permit. The additional information may include additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and requirements to determine the cause of the toxicity.

H. Application Requirements for Manufacturing, Commercial, Mining and Silvicultural Facilities That Discharge Only Nonprocess Wastewater. Except for stormwater discharges, all manufacturing, commercial, mining and silvicultural dischargers applying for LPDES permits that discharge only nonprocess wastewater not regulated by an effluent limitations guideline or new source performance standard shall provide the following information to the Office of Environmental Services using application forms provided by the state administrative authority.

1. Outfall Location. Outfall number, latitude and longitude to the nearest 15 seconds, and the name of the receiving water. Additional outfall location requirements are found in LAC 33:IX.6505.B.

2. Discharge Date (for new dischargers). Date of expected commencement of discharge.

3. Type of Waste. An identification of the general type of waste discharged, or expected to be discharged upon commencement of operations, including sanitary wastes, restaurant or cafeteria, wastes, or noncontact cooling water. An identification of cooling water additives (if any) that are used or expected to be used upon commencement of operations, along with their composition if existing composition is available.

4. Effluent Characteristics

a. Quantitative data for the pollutants or parameters listed below, unless testing is waived by the state administrative authority. The quantitative data may be data collected over the past 365 days, if they remain representative of current operations, and must include maximum daily value, average daily value, and number of measurements taken. The applicant must collect and analyze samples in accordance with 40 CFR Part 136 (see LAC 33:IX.4901). Grab samples must be used for pH, temperature, oil and grease, total residual chlorine. and fecal coliform. For all other pollutants, 24-hour composite samples must be used. New dischargers must include estimates for the pollutants or parameters listed below instead of actual sampling data, along with the source of each estimate. All levels must be reported or estimated as concentration and as total mass, except for flow, pH, and temperature:

i. biochemical oxygen demand (BOD₅);

ii. total suspended solids (TSS);

iii. fecal coliform (if believed present or if sanitary waste is or will be discharged);

iv. total residual chlorine (if chlorine is used);

v. oil and grease;

vi. chemical oxygen demand (COD) (if non-contact cooling water is or will be discharged);

vii. total organic carbon (TOC) (if non-contact cooling water is or will be discharged);

viii. ammonia (as N);

ix. discharge flow;

x. pH; and

xi. temperature (winter and summer).

b. The state administrative authority may waive the testing and reporting requirements for any of the pollutants or flow listed in Subparagraph H.4.a of this Section if the applicant submits a request for such a waiver before or with his application which demonstrates that information adequate to support issuance of a permit can be obtained through less stringent requirements.

c. If the applicant is a new discharger, he must complete and submit Item IV of Form 2E (see Subparagraph H.4 of this Section) by providing quantitative data in accordance with that Section no later than two years after commencement of discharge. However, the applicant need not complete those portions of Item IV requiring tests which he has already performed and reported under the discharge monitoring requirements of his LPDES permit.

d. The requirements of Subparagraph H.4.a and c of this Section that an applicant must provide quantitative data or estimates of certain pollutants do not apply to pollutants present in a discharge solely as a result of their presence in intake water. However, an applicant must report such pollutants as present. Net credit may be provided for the presence of pollutants in intake water if the requirements of LAC 33:IX.2709.G are met.

5. Flow. A description of the frequency of flow and duration of any seasonal or intermittent discharge (except for stormwater runoff, leaks, or spills).

6. Treatment System. A brief description of any system used or to be used.

7. Optional Information. Any additional information the applicant wishes to be considered, such as influent data for the purpose of obtaining net credits pursuant to LAC 33:IX.2709.G.

8. Certification. Signature of certifying official under LAC 33:IX.2503.

I. Application Requirements for New and Existing Concentrated Animal Feeding Operations and Aquatic Animal Production Facilities. New and existing concentrated animal feeding operations (defined in LAC 33:IX.2313) and concentrated aquatic animal production facilities (defined in LAC 33:IX.2313) shall provide the following information to the state administrative authority, using the application form provided by the state administrative authority.

1. For concentrated animal feeding operations (CAFOs):

a. the name of the owner or operator;

b. the facility location and mailing address(es);

c. the latitude and longitude of the production area (entrance to production area);

d. a topographic map of the geographic area in which the CAFO is located showing the specific location of the production area, in lieu of the requirements of Paragraph F.7 of this Section;

e. specific information about the number and type of animals, whether in open confinement or housed under roof (beef cattle, broilers, layers, swine weighing 55 pounds or more, swine weighing less than 55 pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses, ducks, turkeys, other);

f. the type of containment and storage (anaerobic lagoon, roofed storage shed, storage ponds, underfloor pits, above ground storage tanks, below ground storage tanks, concrete pad, impervious soil pad, other) and total capacity for manure, litter, and process wastewater storage (tons/gallons);

g. the total number of acres under control of the applicant available for land application of manure, litter, or process wastewater;

h. the estimated amounts of manure, litter, and process wastewater generated per year (tons/gallons);

i. the estimated amounts of manure, litter, and process wastewater transferred to other persons per year (tons/gallons); and

j. a nutrient management plan that at a minimum satisfies the requirements specified in LAC 33:IX.2703.E, including, for all CAFOs subject to 40 CFR Part 412, Subpart C or Subpart D, the requirements of 40 CFR 412.4(c), as applicable.

2. For concentrated aquatic animal production facilities:

a. the maximum daily and average monthly flow from each outfall;

b. the number of ponds, raceways, and similar structures;

c. the name of the receiving water and the source of intake water;

d. for each species of aquatic animals, the total yearly and maximum harvestable weight; and

e. the calendar month of maximum feeding and the total mass of food fed during that month.

J. Application Requirements for New and Existing POTWs. Unless otherwise indicated, all owners/operators of POTWs and other dischargers designated by the state administrative authority must provide, at a minimum, the information in this Subsection to the Office of Environmental Services. Permit applicants must submit all information available at the time of permit application. The information may be provided by referencing information previously submitted to the state administrative authority. The state administrative authority may waive any requirement of this Subsection if he or she has access to substantially identical information. The state administrative authority may also waive any requirement of this Subsection that is not of material concern for a specific permit, if approved by the regional administrator. The waiver request to the regional administrator must include the state's justification for the waiver. A regional administrator's disapproval of a state's proposed waiver does not constitute final agency action, but does provide notice to the state and permit applicant(s) that EPA may object to any state-issued permit issued in the absence of the required information.

1. Basic Application Information. All applicants must provide the following information.

a. Facility Information. Name, mailing address, and location of the facility for which the application is submitted.

b. Applicant Information. Name, mailing address, telephone number, and email address of the applicant, and indication as to whether the applicant is the facility's owner, operator, or both.

c. Existing Environmental Permits. Identification of all environmental permits or construction approvals received or applied for (including dates) under any of the following programs:

i. Hazardous Waste Management program under the Resource Conservation and Recovery Act (RCRA), Subpart C;

ii. Underground Injection Control program under the Safe Drinking Water Act (SDWA);

iii. LPDES or NPDES program under the Clean Water Act (CWA);

iv. Prevention of Significant Deterioration (PSD) program under the CWA;

v. nonattainment program under the Clean Air Act;

vi. National Emission Standards for Hazardous Air Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;

vii. ocean dumping permits under the Marine Protection Research and Sanctuaries Act;

viii. dredge or fill permits under Section 404 of the CWA; and

ix. other relevant environmental permits, including state permits.

d. Population. The name and population of each municipal entity served by the facility, including unincorporated connector districts. Indicate whether each municipal entity owns or maintains the collection system and whether the collection system is separate sanitary or combined storm and sanitary, if known.

e. Indian Country. Information concerning whether the facility is located in Indian country and whether the facility discharges to a receiving stream that flows through Indian country.

f. Flow Rate. The facility's design flow rate (the wastewater flow rate the plant was built to handle), annual average daily flow rate, and maximum daily flow rate for each of the previous three years.

g. Collection System. Identification of type(s) of collection system(s) used by the treatment works (e.g., separate sanitary sewers or combined storm and sanitary sewers) and an estimate of the percent of sewer line that each type comprises; and

h. Outfalls and Other Discharge or Disposal Methods. The following information for outfalls to waters of the United States and other discharge or disposal methods:

i. for effluent discharges to waters of the state, the total number and types of outfalls (e.g., treated effluent, bypasses, constructed emergency overflows);

ii. for wastewater discharged to surface impoundments:

(a). the location of each surface impoundment;

(b). the average daily volume discharged to each surface impoundment; and

(c). whether the discharge is continuous or intermittent;

iii. for wastewater applied to the land:

(a). the location of each land application site;

(b). the size of each land application site, in acres;

(c). the average daily volume applied to each land application site, in gallons per day; and

(d). whether land application is continuous or intermittent;

iv. for effluent sent to another facility for treatment prior to discharge:

(a). the means by which the effluent is transported;

(b). the name, mailing address, contact person, phone number, and email address of the organization transporting the discharge, if the transport is provided by a party other than the applicant;

(c). the name, mailing address, contact person, phone number, email address, and LPDES permit number (if any) of the receiving facility; and

(d). the average daily flow rate from this facility into the receiving facility, in millions of gallons per day; and

v. for wastewater disposed of in a manner not included in Clauses J.1.h.i-iv of this Section (e.g., underground percolation, underground injection):

(a). a description of the disposal method, including the location and size of each disposal site, if applicable;

(b). the annual average daily volume disposed of by this method, in gallons per day; and

(c). whether disposal through this method is continuous or intermittent.

i. An indication of whether the facility is requesting any of the variances at LAC 33:IX.2501.M.

2. Additional Information. All applicants with a design flow greater than or equal to 0.1 mgd must provide the following information:

a. Inflow and Infiltration. The current average daily volume of inflow and infiltration, in gallons per day, and steps the applicant is taking to minimize inflow and infiltration;

b. Topographic Map. A topographic map (or other map if a topographic map is unavailable) extending at least 1 mile beyond property boundaries of the treatment plant, including all process units, and showing:

i. the treatment plant area and process units;

ii. the major pipes or other structures through which wastewater enters the treatment plant and the pipes or other structures through which treated wastewater is discharged from the treatment plant. This includes outfalls from bypass piping, if applicable;

iii. each well where fluids from the treatment plant are injected underground;

iv. wells, springs, and other surface water bodies listed in public records or otherwise known to the applicant within 1/4 mile of the treatment works' property boundaries;

v. sewage sludge management facilities (including on-site treatment, storage, and disposal sites); and

vi. location at which waste classified as hazardous under RCRA enters the treatment plant by truck, rail, or dedicated pipe.

c. Process Flow Diagram or Schematic. The following information regarding the diagram:

i. a diagram showing the processes of the treatment plant, including all bypass piping and all backup power sources or redundancy in the system. This includes a water balance showing all treatment units, including disinfection, and showing daily average flow rates at influent and discharge points and approximate daily flow rates between treatment units; and

ii. a narrative description of the diagram; and

d. Scheduled Improvements, Schedules of Implementation. The following information regarding scheduled improvements:

i. the outfall number of each outfall affected;

ii. a narrative description of each required improvement;

iii. scheduled or actual dates of completion for the following:

(a). commencement of construction;

(b). completion of construction;

(c). commencement of discharge; and

(d). attainment of operational level; and

iv. a description of permits and clearances concerning other federal and/or state requirements.

3. Information on Effluent Discharges. Each applicant must provide the following information for each outfall, including bypass points, through which effluent is discharged, as applicable.

a. Description of Outfall. The following information:

i. the outfall number;

ii. the state, parish, and city or town in which outfall is located;

iii. the latitude and longitude, to the nearest second;

iv. the distance from shore and depth below surface;

v. the average daily flow rate, in million gallons per day;

vi. the following information for each outfall with a seasonal or periodic discharge:

(a). the number of times per year the discharge occurs;

(b). the duration of each discharge;

(c). the flow of each discharge; and

(d). the months in which discharge occurs; and

vii. whether the outfall is equipped with a diffuser and the type (e.g., high-rate) of diffuser used;

b. Description of Receiving Waters. The following information (if known) for each outfall through which effluent is discharged to waters of the state:

i. the name of receiving water;

ii. the name of watershed/river/stream system and United States Natural Resource Conservation Service 14-digit watershed code;

iii. the name of state management/river basin and United States Geological Survey 8-digit hydrologic cataloging unit code; and

iv. the critical flow of receiving stream and total hardness of receiving stream at critical low flow (if applicable);

c. Description of Treatment. The following information describing the treatment provided for discharges from each outfall to waters of the state:

i. the highest level of treatment (e.g., primary, equivalent to secondary, secondary, advanced, other) that is provided for the discharge for each outfall and:

(a). design biochemical oxygen demand (BOD₅ or CBOD₅) removal (percent);

(b). design suspended solids (SS) removal (percent);

(c). design phosphorus (P) removal (percent), where applicable;

(d). design nitrogen (N) removal (percent), where applicable; and

(e). any other removals that an advanced treatment system is designed to achieve; and

ii. a description of the type of disinfection used, and whether the treatment plant dechlorinates (if disinfection is accomplished through chlorination).

4. Effluent Monitoring for Specific Parameters

a. As provided in Subparagraphs J.4.b-j of this Section, all applicants must submit to the Office of Environmental Services effluent monitoring information for samples taken from each outfall through which effluent is discharged to waters of the state. The state administrative authority may allow applicants to submit sampling data for only one outfall on a case-by-case basis, where the applicant has two or more outfalls with substantially identical effluent. The state administrative authority may also allow applicants to composite samples from one or more outfalls that discharge into the same mixing zone. For POTWs applying prior to commencement of discharge, data shall be submitted no later than 24 months after the commencement of discharge.

b. All applicants must sample and analyze for the pollutants listed in LAC 33:IX.7129.Appendix O, Table 1A of this Subpart.

c. All applicants whose facility has a design flow greater than or equal to 0.1 mgd must sample and analyze for the pollutants listed in LAC 33:IX.7129.Appendix O, Table 1 of this Subpart. Applicants whose facilities do not use chlorine for disinfection, do not use chlorine elsewhere in the treatment process, and have no reasonable potential to discharge chlorine in their effluent may delete chlorine from LAC 33:IX.7129.Appendix O, Table 1 of this Subpart.

d. Applicants for the following facilities must sample and analyze for the pollutants listed in LAC 33:IX.7129.Appendix O, Table 2 of this Subpart and for any other pollutants for which the state has established water quality standards applicable to the receiving waters:

i. all POTWs with a design flow rate equal to or greater than 1 million gallons per day;

ii. all POTWs with approved pretreatment programs or POTWs required to develop a pretreatment program; and

iii. other POTWs, as required by the state administrative authority.

e. The state administrative authority may require sampling for additional pollutants, as appropriate, on a case-by-case basis.

f. Applicants must provide data from a minimum of three samples taken within four and one-half years prior to the date of the permit application. Samples must be representative of the seasonal variation in the discharge from each outfall. Existing data may be used, if available, in lieu of sampling done solely for the purpose of this application. The state administrative authority may require additional samples, as appropriate, on a case-by-case basis.

g. All existing data for pollutants specified in Subparagraphs J.4.b-e of this Section that are collected within four and one-half years of the application must be included in the pollutant data summary submitted by the applicant. If, however, the applicant samples for a specific pollutant on a monthly or more frequent basis, it is only necessary, for such pollutant, to summarize all data collected within one year of the application.

h. Applicants must collect samples of effluent and analyze such samples for pollutants in accordance with analytical methods approved under LAC 33:IX.4901 unless an alternative is specified in the existing LPDES permit. Grab samples must be used for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, and fecal coliform. For all other pollutants, 24-hour composite samples must be used. For a composite sample only one analysis of the composite of aliquots is required.

i. The effluent monitoring data provided must include at least the following information for each parameter:

i. the maximum daily discharge, expressed as concentration or mass, based upon actual sample values;

ii. the average daily discharge for all samples, expressed as concentration or mass, and the number of samples used to obtain this value;

iii. the analytical method used; and

iv. the threshold level (e.g., method detection limit, minimum level, or other designated method endpoints) for the analytical method used.

j. Unless otherwise required by the state administrative authority, metals must be reported as total recoverable.

5. Effluent Monitoring for Whole Effluent Toxicity

a. All applicants must provide an identification of any whole effluent toxicity tests conducted during the four and one-half years prior to the date of the application on any of the applicant's discharge or on any receiving water near the discharge. For POTWs applying prior to commencement of discharge, data shall be submitted no later than 24 months after the commencement of discharge.

b. As provided in Subparagraphs J.5.c-i of this Section, applicants for the following facilities must submit to the Office of Environmental Services the results of valid whole effluent toxicity tests for acute or chronic toxicity for samples taken from each outfall through which effluent is discharged to surface waters:

i. all POTWs with design flow rates greater than or equal to 1 million gallons per day;

ii. all POTWs with approved pretreatment programs or POTWs required to develop a pretreatment program; and

iii. other POTWs, as required by the state administrative authority, based on consideration of the following factors:

(a). the variability of the pollutants or pollutant parameters in the POTW effluent (based on chemical-specific information, the type of treatment plant, and types of industrial contributors);

(b). the ratio of effluent flow to receiving stream flow;

(c). the existing controls on point or non-point sources, including total maximum daily load calculations for the receiving stream segment and the relative contribution of the POTW;

(d). receiving stream characteristics, including possible or known water quality impairment, and whether the POTW discharges to a coastal water or a water designated as an outstanding natural resource water; and

(e). other considerations (including, but not limited to, the history of toxic impacts and compliance problems at the POTW) that the state administrative authority determines could cause or contribute to adverse water quality impacts.

c. Where the POTW has two or more outfalls with substantially identical effluent discharging to the same receiving stream segment, the state administrative authority may allow applicants to submit whole effluent toxicity data for only one outfall on a case-by-case basis. The state administrative authority may also allow applicants to composite samples from one or more outfalls that discharge into the same mixing zone.

d. Each applicant required to perform whole effluent toxicity testing in accordance with Subparagraphs J.5.b of this Section must provide:

i. results of a minimum of four quarterly tests for a year from the year preceding the permit application; or

ii. results from four tests performed at least annually in the four and one-half year period prior to the application, provided the results show no appreciable toxicity using a safety factor determined by the permitting authority.

e. Applicants must conduct tests with multiple species (no fewer than two taxonomic groups listed in LAC 33:IX.1121.B; e.g., fish, invertebrate, plant), and test for acute or chronic toxicity, depending on the range of receiving water dilution. The department recommends, but does not require, that applicants conduct acute or chronic testing based on the latest recommended protocol for biomonitoring, which uses the following dilutions:

i. acute toxicity testing if the dilution of the effluent is greater than 1000:1 at the edge of the mixing zone;

ii. acute or chronic toxicity testing if the dilution of the effluent is between 100:1 and 1000:1 at the edge of the mixing zone. Acute testing may be more appropriate at the higher end of this range (1000:1), and chronic testing may be more appropriate at the lower end of this range (100: 1); and

iii. chronic testing if the dilution of the effluent is less than 100:1 at the edge of the mixing zone.

f. Each applicant required to perform whole effluent toxicity testing in accordance with Subparagraph J.5.b of this Section must provide the number of chronic or acute whole effluent toxicity tests that have been conducted since the last permit reissuance.

g. Applicants must provide the results using the form provided by the state administrative authority, or test summaries, if available and comprehensive, for each whole effluent toxicity test conducted in accordance with Subparagraph J.5.b of this Section for which such information has not been reported previously to the state administrative authority.

h. Whole effluent toxicity testing conducted in accordance with Subparagraph J.5.b of this Section must be conducted using methods approved under LAC 33:IX.4901.

i. For whole effluent toxicity data submitted to the state administrative authority within four and one-half years prior to the date of the application, applicants must provide the dates on which the data were submitted and a summary of the results.

j. Each applicant required to perform whole effluent toxicity testing in accordance with Subparagraph J.5.b of this Section must provide any information on the cause of toxicity and written details of any toxicity reduction evaluation conducted, if any whole effluent toxicity test conducted within the past four and one-half years revealed toxicity.

6. Industrial Discharges. Applicants must submit the following information about industrial discharges to the POTW:

a. number of significant industrial users (SIUs) and nonsignificant categorical industrial users (NSCIUs), as defined at LAC 33:IX.6105, including SIUs and NSCIUs that truck or haul waste discharging to the POTW;

b. POTWs with one or more SIUs shall provide the following information for each SIU, as defined in LAC 33:IX.2313, that discharges to the POTW:

i. name and mailing address;

ii. description of all industrial processes that affect or contribute to the SIU's discharge;

iii. principal products and raw materials of the SIU that affect or contribute to the SIU's discharge;

iv. average daily volume of wastewater discharged, indicating the amount attributable to process flow and nonprocess flow;

v. whether the SIU is subject to local limits;

vi. whether the SIU is subject to categorical standards, and if so, under which category(ies) and subcategory(ies); and

vii. whether any problems at the POTW (e.g., upsets, pass through, interference) have been attributed to the SIU in the past four and one-half years; and

c. the information required in Subparagraphs J.6.a and b of this Section may be waived by the state administrative authority for POTWs with pretreatment programs if the applicant has submitted either of the following that contain information substantially identical to that required in Subparagraphs J.6.a and b of this Section:

i. an annual report submitted within one year of the application; or

ii. a pretreatment program.

7. Discharges From Hazardous Waste Generators and From Waste Cleanup or Remediation Sites. POTWs receiving Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or RCRA Corrective Action wastes or wastes generated at another type of cleanup or remediation site must provide the following information:

a. if the POTW receives, or has been notified that it will receive, by truck, rail, or dedicated pipe any wastes that are regulated as RCRA hazardous wastes pursuant to 40 CFR Part 261, the applicant must report the following:

i. the receipt of such notice; and

ii. the hazardous waste number and amount received annually of each hazardous waste; and

b. if the POTW receives, or has been notified that it will receive, wastewaters that originate from remedial activities, including those undertaken pursuant to CERCLA and Sections 3004(u) of RCRA, the applicant must report the following:

i. the identity and description of the site(s) or facility(ies) at which the wastewater originates;

ii. the identities of the wastewater's hazardous constituents, as listed in Appendix VIII of 40 CFR Part 261, if known; and

iii. the extent of treatment, if any, the wastewater receives or will receive before entering the POTW.

NOTE: Applicants are exempt from the requirements of Subparagraph J.7.b of this Section if they receive no more than 15 kilograms per month of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e).

8. Reserved.

9. Contractors. All applicants must provide the name, mailing address, telephone number, email address, and responsibilities of all contractors responsible for any operational or maintenance aspects of the facility.

10. Signature. All applications must be signed by a certifying official in compliance with LAC 33:IX.2503.

K. Application Requirements for New Sources and New Discharges. New manufacturing, commercial, mining and silvicultural dischargers applying for LPDES permits (except for new discharges of facilities subject to the requirements of Subsection H of this Section or new discharges of storm water associated with industrial activity which are subject to the requirements of LAC 33:IX.2511.C.1 and this Section [except as provided by LAC 33:IX.2511.C.1.b]) shall provide the following information to the state administrative authority, using the application forms provided by the state administrative authority.

1. Expected Outfall Location. The latitude and longitude to the nearest 15 seconds and the name of the receiving water. Additional outfall location requirements are found in LAC 33:IX.6505.B.

2. Discharge Dates. The expected date of commencement of discharge.

3. Flows, Sources of Pollution, and Treatment Technologies

a. Expected Treatment of Wastewater. Description of the treatment that the wastewater will receive, along with all operations contributing wastewater to the effluent, average flow contributed by each operation, and the ultimate disposal of any solid or liquid wastes not discharged.

b. Line Drawing. A line drawing of the water flow through the facility with a water balance as described in LAC 33:IX.2501.G.2.

c. Intermittent Flows. If any of the expected discharges will be intermittent or seasonal, a description of the frequency, duration and maximum daily flow rate of each discharge occurrence (except for storm water runoff, spillage, or leaks).

4. Production. If a new source performance standard promulgated under Section 306 of the CWA or an effluent limitation guideline applies to the applicant and is expressed in terms of production (or other measure of operation), a reasonable measure of the applicant's expected actual production reported in the units used in the applicable effluent guideline or new source performance standard as required by LAC 33:IX.2709.B.2 for each of the first three years. Alternative estimates may also be submitted if production is likely to vary.

5. Effluent Characteristics. The requirements in LAC 33:IX.2501.H.4.a, b, and c that an applicant must provide estimates of certain pollutants expected to be present do not apply to pollutants present in a discharge solely as a result of their presence in intake water; however, an applicant must report such pollutants as present. Net credits may be provided for the presence of pollutants in intake water if the requirements of LAC 33:IX.2709.G are met. All levels (except for discharge flow, temperature, and pH) must be estimated as concentration and as total mass.

a. Each applicant must report estimated daily maximum, daily average, and source of information for each outfall for the following pollutants or parameters. The state administrative authority may waive the reporting requirements for any of these pollutants and parameters if the applicant submits a request for such a waiver before or with his application which demonstrates that information adequate to support issuance of the permit can be obtained through less stringent reporting requirements:

i. biochemical oxygen demand (BOD);

ii. chemical oxygen demand (COD);

iii. total organic carbon (TOC);

iv. total suspended solids (TSS);

v. flow;

vi. ammonia (as N);

vii. temperature (winter and summer); and

viii. pH.

b. Each applicant must report estimated daily maximum, daily average, and source of information for each outfall for the following pollutants, if the applicant knows or has reason to believe they will be present or if they are limited by an effluent limitation guideline or new source performance standard either directly or indirectly through limitations on an indicator pollutant: All pollutants in LAC 33:IX.7107.Appendix D.Table IV (certain conventional and nonconventional pollutants).

c. Each applicant must report estimated daily maximum, daily average and source of information for the following pollutants if he knows or has reason to believe that they will be present in the discharges from any outfall:

i. the pollutants listed in LAC 33:IX.7107.Appendix D.Table III (the toxic metals, in the discharge from any outfall: Total cyanide, and total phenols); and

ii. the organic toxic pollutants in LAC 33:IX.7107.Appendix D.Table II (except bis (chloromethyl) ether, dichlorofluoromethane and trichlorofluoromethane). This requirement is waived for applicants with expected gross sales of less than $100,000 per year for the next three years, and for coal mines with expected average production of less than 100,000 tons of coal per year.

d. The applicant is required to report that 2,3,7,8 tetrachlorodibenzo-p-dioxin (TCDD) may be discharged if he uses or manufactures one of the following compounds, or if he knows or has reason to believe that TCDD will or may be present in an effluent:

i. 2,4,5-trichlorophenoxy acetic acid (2,4,5-T) (CAS #93-76-5);

ii. 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP) (CAS #9372-1);

iii. 2-(2,4,5-trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon) (CAS #136-25-4);

iv. O,O-dimethyl O-(2,4,5 trichlorophenyl) phosphorothioate (Ronnel) (CAS #299-84-3);

v. 2,4,5-trichlorophenol (TCP) (CAS #95-95-4); or

vi. hexachlorophene (HCP) (CAS #7030-4).

e. Each applicant must report any pollutants listed in LAC 33:IX.7107.Appendix D.Table V (certain hazardous substances) if he believes they will be present in any outfall (no quantitative estimates are required unless they are already available).

f. No later than 24 months after the commencement of discharge from the proposed facility, the applicant is required to provide effluent characteristics (see LAC 33:IX.2501.G.7). However, the applicant need not complete those portions of LAC 33:IX.2501.G.7 requiring tests which have already been performed and reported under the discharge monitoring requirements of the LPDES permit.

6. Engineering Report. Each applicant must report the existence of any technical evaluation concerning his wastewater treatment, along with the name and location of similar plants of which he has knowledge.

7. Other Information. Any optional information the permittee wishes to have considered.

8. Certification. Signature of certifying official under LAC 33:IX.2503.

L. Variance Requests by Non-POTWs. A discharger which is not a publicly owned treatment works (POTW) may request a variance from otherwise applicable effluent limitations under any of the following statutory or regulatory provisions within the times specified in this Subsection.

1. Fundamentally Different Factors

a. A request for a variance based on the presence of fundamentally different factors from those on which the effluent limitations guideline was based shall be filed as follows:

i. for a request from best practicable control technology currently available (BPT), by the close of the public comment period under LAC 33:IX.3113;

ii. for a request from best available technology economically achievable (BAT) and/or best conventional pollutant control technology (BCT), by no later than:

(a). July 3, 1989, for a request based on an effluent limitation guideline promulgated before February 4, 1987, to the extent July 3, 1989 is not later than that provided under previously promulgated regulations; or

(b). 180 days after the date on which an effluent limitation guideline is published in the Federal Register for a request based on an effluent limitation guideline promulgated on or after February 4, 1987.

b. The request shall explain how the requirements of the applicable regulatory and/or statutory criteria have been met.

2. Nonconventional Pollutants. A request for a variance from the BAT requirements for CWA Section 301(b)(2)(F) pollutants (commonly called non-conventional pollutants) pursuant to Section 301(c) of the CWA because of the economic capability of the owner or operator, or pursuant to Section 301(g) of the CWA (provided however that a 301(g) variance may only be requested for ammonia; chlorine; color; iron; total phenols (4AAP) (when determined by the administrator to be a pollutant covered by Section 301(b)(2)(F) and any other pollutant which the administrator lists under Section 301(g)(4) of the CWA) must be made as follows:

a. for those requests for a variance from an effluent limitation based upon an effluent limitation guideline by:

i. submitting an initial request to the EPA regional administrator, as well as to the state administrative authority if applicable, stating the name of the discharger, the permit number, the outfall number(s), the applicable effluent guideline, and whether the discharger is requesting a CWA Section 301(c) or Section 301(g) modification or both. This request must have been filed no later than:

(a). September 25, 1978, for a pollutant which is controlled by a BAT effluent limitation guideline promulgated before December 27, 1977; or

(b). 270 days after promulgation of an applicable effluent limitation guideline for guidelines promulgated after December 27, 1977; and

ii. submitting a completed request no later than the close of the public comment period under LAC 33:IX.3113 demonstrating that the requirements of LAC 33:IX.3119 and the applicable requirements of LAC 33:IX.Chapters 37-47 and 51-53 have been met. Notwithstanding this provision, the complete application for a request under Section 301(g) shall be filed 180 days before EPA must make a decision (unless the EPA Regional Division Director establishes a shorter or longer period);

b. for those requests for a variance from effluent limitations not based on effluent limitation guidelines, the request need only comply with LAC 33:IX.2501.L.2.a.ii and need not be preceded by an initial request under LAC 33:IX.2501.L.2.a.i.

3. Reserved.

4. Reserved.

5. Water Quality Related Effluent Limitations. A modification under CWA Section 302(b)(2) of requirements under CWA Section 302(a) for achieving water quality related effluent limitations may be requested no later than the close of the public comment period under LAC 33:IX.3113 on the permit from which the modification is sought.

6. Thermal Discharges. A variance under CWA Section 316(a) for the thermal component of any discharge must be filed with a timely application for a permit under this Section, except that if thermal effluent limitations are established under CWA Section 402(a)(1) or are based on water quality standards the request for a variance may be filed by the close of the public comment period under LAC 33:IX.3113. A copy of the request as required under LAC 33:IX.Chapter 45, shall be sent simultaneously to the appropriate state or interstate certifying agency as required under LAC 33:IX.Chapters 37-47 and 51-53. (See 40 CFR 124.65 for special procedures for CWA Section 316(a) thermal variances.)

M. Variance Requests by POTWs. A discharger which is a publicly owned treatment works (POTW) may request a variance from otherwise applicable effluent limitations under any of the following statutory provisions as specified in this Subsection.

1. Discharges into Marine Waters. A request for a modification under CWA Section 301(h) of requirements of CWA Section 301(b)(1)(B) for discharges into marine waters must be filed in accordance with the requirements of 40 CFR Part 125, Subpart G.

2. Reserved.

3. Water Quality Based Effluent Limitation. A modification under CWA Section 302(b)(2) of the requirements under CWA Section 302(a) for achieving water quality based effluent limitations shall be requested no later than the close of the public comment period under LAC 33:IX.3113 on the permit from which the modification is sought.

N. Expedited Variance Procedures and Time Extensions

1. Notwithstanding the time requirements in LAC 33:IX.2501.L and M, the state administrative authority may notify a permit applicant before a draft permit is issued under LAC 33:IX.3107 that the draft permit will likely contain limitations which are eligible for variances. In the notice the state administrative authority may require the applicant as a condition of consideration of any potential variance request to submit a request explaining how the requirements of LAC 33:IX.Chapters 37-47 and 51-53 applicable to the variance have been met and may require its submission within a specified reasonable time after receipt of the notice. The notice may be sent before the permit application has been submitted. The draft or final permit may contain the alternative limitations which may become effective upon final grant of the variance.

2. A discharger who cannot file a timely complete request required under LAC 33:IX.2501.L 2.a.ii or 2.b may request an extension. The extension may be granted or denied at the discretion of the state administrative authority. Extensions shall be no more than six months in duration.

O. Recordkeeping. Except for information required by LAC 33:IX.2501.D.3.b, which shall be retained for a period of at least five years from the date the application is signed (or longer as required by 40 CFR Part 503), applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under this Section for a period of at least three years from the date the application is signed.

NOTE 1: At 46 FR 2046, Jan. 8, 1981, the Environmental Protection Agency suspended until further notice 40 CFR 122.21(g)(7)(v)(A) (and the department hereby suspends LAC 33:IX.2501.G.7.e.i) and the corresponding portions of Item V-C of the NPDES (and LPDES) application Form 2C as they apply to coal mines. This revision continues that suspension.¹

NOTE 2: At 46 FR 22585, Apr. 20, 1981, the Environmental Protection Agency suspended until further notice 40 CFR 122.21(g)(7)(v)(A) (and the department hereby suspends LAC 33:IX.2501.G.7.e.i) and the corresponding portions of Item V-C of the NPDES (and LPDES) application Form 2C as they apply to:

a. testing and reporting for all four organic fractions in the Greige Mills Subcategory of the Textile Mills industry (Subpart C-Low Water Use Processing of 40 CFR Part 410), and testing and reporting for the pesticide fraction in all other subcategories of this industrial category;

b. testing and reporting for the volatile, base/neutral and pesticide fractions in the Base and Precious Metals Subcategory of the Ore Mining and Dressing industry (Subpart B of 40 CFR Part 440), and testing and reporting for all four fractions in all other subcategories of this industrial category;

c. testing and reporting for all four GC/MS fractions in the Porcelain Enameling industry.

This revision continues that suspension.¹

NOTE 3: At 46 FR 35090, July 1, 1981, the Environmental Protection Agency suspended until further notice 40 CFR 122.21(g)(7)(v)(A) (and the department hereby suspends LAC 33:IX.2501.G.7.e.i) and the corresponding portions of Item V-C of the NPDES (and LPDES) application Form 2C as they apply to:

a. testing and reporting for the pesticide fraction in the Tall Oil Rosin Subcategory (Subpart D) and Rosin-Based Derivatives Subcategory (Subpart F) of the Gum and Wood Chemicals Industry ( 40 CFR Part 454), and testing and reporting for the pesticide and base-neutral fractions in all other subcategories of this industrial category;

b. testing and reporting for the pesticide fraction in the Leather Tanning and Finishing. Paint and Ink Formulation, and Photographic Supplies industrial categories;

c. testing and reporting for the acid, base/neutral and pesticide fractions in the Petroleum Refining Industrial category;

d. testing and reporting for the pesticide fraction in the Papergrade Sulfite subcategories (Subparts J and U) of the Pulp and Paper Industry ( 40 CFR Part 430); testing and reporting for the base/neutral and pesticide fractions in the following subcategories: Deink (Subpart Q), Dissolving Kraft (Subpart F), and Paperboard from Waste Paper (Subpart E); testing and reporting for the volatile, base/neutral and pesticide fractions in the following subcategories: DOT Bleached Kraft (Subpart H), Semi-Chemical (Subparts B and C), and Nonintegrated-Fine Papers (Subpart R): and testing and reporting for the acid, base/neutral, and pesticide fractions in the following subcategories: Fine Bleached Kraft (Subpart I), Dissolving Sulfite Pulp (Subpart K), Groundwood-Fine Papers (Subpart O), Market Bleached Kraft (Subpart G), Tissue from Wastepaper (Subpart T), and Nonintegrated Tissue Papers (Subpart S);

e. testing and reporting for the base/neutral fraction in the Once-Through Cooling Water, Fly Ash and Bottom Ash Transport Water process wastestreams of the Steam Electric Power Plant industrial category.

This revision continues that suspension.¹

¹EDITORIAL NOTE: The words "This revision" refer to the document published at 48 FR 14153, Apr. 1, 1983.

P. Additional Requirements for Privately-Owned Sewage Treatment Facilities Regulated by the Public Service Commission. Privately-owned sewage treatment facilities regulated by the Public Service Commission must also comply with the financial security requirements in LAC 33:IX.Chapter 67. Following receipt of the permit application the administrative authority shall calculate and subsequently notify the applicant of the "waste discharge capacity per day" for the facility. The applicant will use this figure to determine the amount of the financial security required by LAC 33:IX.Chapter 67. The applicant shall subsequently obtain and supply the department with the financial security document in accordance with LAC 33:IX.Chapter 67. No permit shall be issued after July 1, 1999, without the required financial security, unless a waiver or exemption has been granted under R.S. 30:2075.2(A)(6).

Q. Sewage Sludge Management. All applicants with TWTDS subject to Subparagraph C.1.b of this Section must provide the information in this Subsection to the state administrative authority, using Form 2S or another application form approved by the state administrative authority. New applicants must submit all information available at the time of permit application. The information may be provided by referencing information previously submitted to the state administrative authority. The state administrative authority may waive any requirement of this Subsection if he or she has access to substantially identical information. The state administrative authority may also waive any requirement of this Subsection that is not of material concern for a specific permit, if approved by the regional administrator. The waiver request to the regional administrator must include the state's justification for the waiver. A regional administrator's disapproval of a state's proposed waiver does not constitute final agency action, but does provide notice to the state and permit applicant(s) that EPA may object to any state-issued permit issued in the absence of the required information.

1. Facility Information. All applicants must submit the following information:

a. the name, mailing address, and location of the TWTDS for which the application is submitted;

b. whether the facility is a Class I sludge management facility;

c. the design flow rate (in million gallons per day);

d. the total population served; and

e. the applicant's status as federal, state, private, public, or other entity.

2. Applicant Information. All applicants must submit the following information:

a. the name, mailing address, telephone number, and email address of the applicant; and

b. indication whether the applicant is the owner, operator, or both.

3. Permit Information. All applicants must submit the facility's LPDES permit number, if applicable, and a listing of all other federal, state, and local permits or construction approvals received or applied for under any of the following programs:

a. Hazardous Waste Management program under RCRA;

b. UIC program under the Safe Drinking Water Act (SDWA);

c. LPDES program under the CWA;

d. Prevention of Significant Deterioration (PSD) program under the Clean Air Act;

e. nonattainment program under the Clean Air Act;

f. National Emission Standards for Hazardous Air Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;

g. dredge or fill permits under Section 404 of the CWA; and

h. other relevant environmental permits, including state or local permits.

4. Indian Country. All applicants must identify any generation, treatment, storage, land application, or disposal of sewage sludge that occurs in Indian country.

5. Topographic Map. All applicants must submit a topographic map (or other map if a topographic map is unavailable) extending 1 mile beyond property boundaries of the facility and showing the following information:

a. all sewage sludge management facilities, including on-site treatment, storage, and disposal sites; and

b. wells, springs, and other surface water bodies that are within 1/4 mile of the property boundaries and listed in public records or otherwise known to the applicant.

6. Sewage Sludge Handling. All applicants must submit a line drawing and/or a narrative description that identifies all sewage sludge management practices employed during the term of the permit, including all units used for collecting, dewatering, storing, or treating sewage sludge, the destination(s) of all liquids and solids leaving each such unit, and all processes used for pathogen reduction and vector attraction reduction.

7. Sewage Sludge Quality. The applicant must submit sewage sludge monitoring data for the pollutants for which limits in sewage sludge have been established in 40 CFR Part 503 for the applicant's use or disposal practices on the date of permit application.

a. The state administrative authority may require sampling for additional pollutants, as appropriate, on a case-by-case basis.

b. Applicants must provide data from a minimum of three samples taken within four and one-half years prior to the date of the permit application. Samples must be representative of the sewage sludge and should be taken at least one month apart. Existing data may be used in lieu of sampling done solely for the purpose of this application.

c. Applicants must collect and analyze samples in accordance with analytical methods approved under Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846, unless an alternative has been specified in an existing sewage sludge permit.

d. The monitoring data provided must include at least the following information for each parameter:

i. average monthly concentration for all samples (mg/kg dry weight), based upon actual sample values;

ii. the analytical method used; and

iii. the method detection level.

8. Preparation of Sewage Sludge. If the applicant is a person who prepares sewage sludge, as defined at 40 CFR 503.9(r), the applicant must provide the following information:

a. if the applicant's facility generates sewage sludge, the total dry metric tons per 365-day period generated at the facility;

b. if the applicant's facility receives sewage sludge from another facility, the following information for each facility from which sewage sludge is received:

i. the name, mailing address, and location of the other facility;

ii. the total dry metric tons per 365-day period received from the other facility; and

iii. a description of any treatment processes occurring at the other facility, including blending activities and treatment to reduce pathogens or vector attraction characteristics;

c. if the applicant's facility changes the quality of sewage sludge through blending, treatment, or other activities, the following information:

i. whether the Class A pathogen reduction requirements in 40 CFR 503.32(a) or the Class B pathogen reduction requirements in 40 CFR 503.32(b) are met, and a description of any treatment processes used to reduce pathogens in sewage sludge;

ii. whether any of the vector attraction reduction options of 40 CFR 503.33(b)(1)-(b)(8) are met, and a description of any treatment processes used to reduce vector attraction properties in sewage sludge; and

iii. a description of any other blending, treatment, or other activities that change the quality of sewage sludge;

d. if the sewage sludge from the applicant's facility meets the ceiling concentration in 40 CFR 503.13(b)(1), the pollutant concentrations in 40 CFR 503.13(b)(3), the Class A pathogen requirements in 40 CFR 503.32(a), and one of the vector attraction reduction requirements in 40 CFR 503.33(b)(1)-(b)(8), and if the sewage sludge is applied to the land, the applicant must provide the total dry metric tons per 365-day period of sewage sludge subject to this Subparagraph that is applied to the land;

e. if sewage sludge from the applicant's facility is sold or given away in a bag or other container for application to the land, and the sewage sludge is not subject to Subparagraph Q.8.d of this Section, the applicant must provide the following information:

i. the total dry metric tons per 365-day period of sewage sludge subject to this Clause that is sold or given away in a bag or other container for application to the land; and

ii. a copy of all labels or notices that accompany the sewage sludge being sold or given away;

f. if sewage sludge from the applicant's facility is provided to another person who prepares, as defined at 40 CFR 503.9(r), and the sewage sludge is not subject to Subparagraph Q.8.d of this Section, the applicant must provide the following information for each facility receiving the sewage sludge:

i. the name, mailing address, and email of the receiving facility;

ii. the total dry metric tons per 365-day period of sewage sludge subject to this Clause that the applicant provides to the receiving facility;

iii. a description of any treatment processes occurring at the receiving facility, including blending activities and treatment to reduce pathogens or vector attraction characteristic;

iv. a copy of the notice and necessary information that the applicant is required to provide the receiving facility under 40 CFR 503.12(g); and

v. if the receiving facility places sewage sludge in bags or containers for sale or give-away to application to the land, a copy of any labels or notices that accompany the sewage sludge.

9. Land Application of Bulk Sewage Sludge. If sewage sludge from the applicant's facility is applied to the land in bulk form, and is not subject to Subparagraphs Q.8.d, e, or f of this Section, the applicant must provide the following information:

a. the total dry metric tons per 365-day period of sewage sludge subject to this Subparagraph that is applied to the land;

b. if any land application sites are located in states other than the state where the sewage sludge is prepared, a description of how the applicant will notify the permitting authority for the state(s) where the land application sites are located;

c. the following information for each land application site that has been identified at the time of permit application:

i. the name (if any) and location for the land application site;

ii. the site's latitude and longitude to the nearest second, and the method of determination;

iii. a topographic map (or other map if a topographic map is unavailable) that shows the site's location;

iv. the name, mailing address, telephone number, and email address of the site owner, if different from the applicant;

v. the name, mailing address, telephone number, and email address of the person who applies sewage sludge to the site, if different from the applicant;

v. the name, mailing address, and telephone number of the person who applies sewage sludge to the site, if different from the applicant;

vi. whether the site is agricultural land, forest, a public contact site, or a reclamation site, as such site types are defined under 40 CFR 503.11;

vii. the type of vegetation grown on the site, if known, and the nitrogen requirement for this vegetation;

viii. whether either of the vector attraction reduction options of 40 CFR 503.33(b)(9) or (b)(10) is met at the site, and a description of any procedures employed at the time of use to reduce vector attraction properties in sewage sludge; and

ix. other information that describes how the site will be managed, as specified by the permitting authority;

d. the following information for each land application site that has been identified at the time of permit application, if the applicant intends to apply bulk sewage sludge subject to the cumulative pollutant loading rates in 40 CFR 503.13(b)(2) to the site:

i. whether the applicant has contacted the permitting authority in the state where the bulk sewage sludge subject to 40 CFR 503.13(b)(2) will be applied, to ascertain whether bulk sewage sludge subject to 40 CFR 503.13(b)(2) has been applied to the site on or since July 20, 1993, and if so, the name of the permitting authority and the name, phone number, and email address (if available) of a contact person at the permitting authority; and

ii. identification of facilities other than the applicant's facility that have sent, or are sending, sewage sludge subject to the cumulative pollutant loading rates in 40 CFR 503.13(b)(2) to the site since July 20, 1993, if, based on the inquiry in Clause Q.9.d.i of this Section, bulk sewage sludge subject to cumulative pollutant loading rates in 40 CFR 503.13(b)(2) has been applied to the site since July 20, 1993; and

e. if not all land application sites have been identified at the time of permit application, the applicant must submit a land application plan that, at a minimum:

i. describes the geographical area covered by the plan;

ii. identifies the site selection criteria;

iii. describes how the site(s) will be managed; and

iv. provides for advance public notice of land application sites in the manner prescribed by state or local law. When state or local law does not require advance public notice, it must be provided in a manner reasonably calculated to apprize the general public of the planned land application.

10. Surface Disposal. If sewage sludge from the applicant's facility is placed on a surface disposal site, the applicant must provide the following information:

a. the total dry metric tons of sewage sludge from the applicant's facility that is placed on surface disposal sites per 365-day period;

b. the following information for each surface disposal site receiving sewage sludge from the applicant's facility that the applicant does not own or operate:

i. the site name or number, contact person, mailing address, telephone number, and email address for the surface disposal site; and

ii. the total dry metric tons from the applicant's facility per 365-day period placed on the surface disposal site; and

c. the following information for each active sewage sludge unit at each surface disposal site that the applicant owns or operates:

i. the name or number and the location of the active sewage sludge unit;

ii. the unit's latitude and longitude to the nearest second, and the method of determination;

iii. if not already provided, a topographic map (or other map if a topographic map is unavailable) that shows the unit's location;

iv. the total dry metric tons placed on the active sewage sludge unit per 365-day period;

v. the total dry metric tons placed on the active sewage sludge unit over the life of the unit;

vi. a description of any liner for the active sewage sludge unit, including whether it has a maximum permeability of 1 x 10^-7 cm/sec;

vii. a description of any leachate collection system for the active sewage sludge unit, including the method used for leachate disposal and any federal, state, and local permit number(s) for leachate disposal;

viii. if the active sewage sludge unit is less than 150 meters from the property line of the surface disposal site, the actual distance from the unit boundary to the site property line;

ix. the remaining capacity (dry metric tons) for the active sewage sludge unit;

x. the date on which the active sewage sludge unit is expected to close, if such a date has been identified;

xi. the following information for any other facility that sends sewage sludge to the active sewage sludge unit:

(a). the name, contact person, mailing address, and email address of the facility; and

(b). available information regarding the quality of the sewage sludge received from the facility, including any treatment at the facility to reduce pathogens or vector attraction characteristics;

xii. whether any of the vector attraction reduction options of 40 CFR 503.33(b)(9)-(b)(11) is met at the active sewage sludge unit, and a description of any procedures employed at the time of disposal to reduce vector attraction properties in sewage sludge;

xiii. the following information, as applicable, to any groundwater monitoring occurring at the active sewage sludge unit:

(a). a description of any groundwater monitoring occurring at the active sewage sludge unit;

(b). any available groundwater monitoring data, with a description of the well locations and approximate depth to groundwater;

(c). a copy of any groundwater monitoring plan that has been prepared for the active sewage sludge unit; and

(d). a copy of any certification that has been obtained from a qualified groundwater scientist that the aquifer has not been contaminated; and

xiv. if site-specific pollutant limits are being sought for the sewage sludge placed on this active sewage sludge unit, information to support such a request.

11. Incineration. If sewage sludge from the applicant's facility is fired in a sewage sludge incinerator, the applicant must provide the following information:

a. the total dry metric tons of sewage sludge from the applicant's facility that is fired in sewage sludge incinerators per 365-day period;

b. the following information for each sewage sludge incinerator firing the applicant's sewage sludge that the applicant does not own or operate:

i. the name and/or number, contact person, mailing address, telephone number, and email address of the sewage sludge incinerator; and

ii. the total dry metric tons from the applicant's facility per 365-day period fired in the sewage sludge incinerator; and

c. the following information for each sewage sludge incinerator that the applicant owns or operates:

i. the name and/or number and the location of the sewage sludge incinerator;

ii. the incinerator's latitude and longitude to the nearest second, and the method of determination;

iii. the total dry metric tons per 365-day period fired in the sewage sludge incinerator;

iv. information, test data, and documentation of ongoing operating parameters indicating that compliance with the national emission standard for beryllium in 40 CFR Part 61 will be achieved;

v. information, test data, and documentation of ongoing operating parameters indicating that compliance with the national emission standard for mercury in 40 CFR Part 61 will be achieved;

vi. the dispersion factor for the sewage sludge incinerator, as well as modeling results and supporting documentation;

vii. the control efficiency for parameters regulated in 40 CFR 503.43, as well as performance test results and supporting documentation;

viii. information used to calculate the risk specific concentration (RSC) for chromium, including the results of incinerator stack tests for hexavalent and total chromium concentrations, if the applicant is requesting a chromium limit based on a site-specific RSC value;

ix. whether the applicant monitors total hydrocarbons (THC) or carbon monoxide (CO) in the exit gas for the sewage sludge incinerator;

x. the type of sewage sludge incinerator;

xi. the maximum performance test combustion temperature, as obtained during the performance test of the sewage sludge incinerator to determine pollutant control efficiencies;

xii. the following information on the sewage sludge feed rate used during the performance test:

(a). sewage sludge feed rate in dry metric tons per day;

(b). identification of whether the feed rate submitted is average use or maximum design; and

(c). a description of how the feed rate was calculated;

xiii. the incinerator stack height in meters for each stack, including identification of whether actual or creditable stack height was used;

xiv. the operating parameters for the sewage sludge incinerator air pollution control device(s), as obtained during the performance test of the sewage sludge incinerator to determine pollutant control efficiencies;

xv. identification of the monitoring equipment in place, including, but not limited to, equipment to monitor the following:

(a). total hydrocarbons or carbon monoxide;

(b). percent oxygen;

(c). percent moisture; and

(d). combustion temperature; and

xvi. a list of all air pollution control equipment used with this sewage sludge incinerator.

12. Disposal in a Municipal Solid Waste Landfill. If sewage sludge from the applicant's facility is sent to a municipal solid waste landfill (MSWLF), the applicant must provide the following information for each MSWLF to which sewage sludge is sent:

a. the name, contact person, mailing address, email address, location, and all applicable permit numbers of the MSWLF;

b. the total dry metric tons per 365-day period sent from this facility to the MSWLF;

c. a determination of whether the sewage sludge meets applicable requirements for disposal of sewage sludge in a MSWLF, including the results of the paint filter liquids test and any additional requirements that apply on a site-specific basis; and

d. information, if known, indicating whether the MSWLF complies with criteria set forth in 40 CFR Part 258.

13. Contractors. All applicants must provide the name, mailing address, telephone number, email address, and responsibilities of all contractors responsible for any operational or maintenance aspects of the facility related to sewage sludge generation, treatment, use, or disposal.

14. Other Information. At the request of the permitting authority, the applicant must provide any other information necessary to determine the appropriate standards for permitting under 40 CFR Part 503 and must provide any other information necessary to assess the sewage sludge use and disposal practices, determine whether to issue a permit, or identify appropriate permit requirements.

15. Signature. All applications must be signed by a certifying official in compliance with LAC 33:IX:2503.

R. Applications for Facilities with Cooling Water Intake Structures

1. Application requirements for facilities with cooling water intake structures are as follows.

a. New Facilities with New or Modified Cooling Water Intake Structures. New facilities (other than offshore oil and gas extraction facilities) with cooling water intake structures, as described in LAC 33:IX.Chapter 47.Subchapter A, shall submit to the state administrative authority for review the information required in Paragraphs R.2 (except Subparagraph R.2.d), 3, and 4 of this Section and LAC 33:IX.4713. New offshore oil and gas extraction facilities with cooling water intake structures, as described in LAC 33:IX.Chapter 47.Subchapter C, that are fixed facilities must submit to the Office of Environmental Services for review the information required in Paragraphs R.2 (except Subparagraph R.2.d), 3, and 4 of this Section and LAC 33:IX.4773 as part of their application. New offshore oil and gas extraction facilities that are not fixed facilities must submit to the Office of Environmental Services for review only the information required in Subparagraph R.2.d and Paragraph R.3 (except Subparagraph R.3.b) of this Section and LAC 33:IX.4773 as part of their application. Requests for alternative requirements in accordance with LAC 33:IX.4711 or 4771 shall be submitted with the permit application.

b. Phase II Existing Facilities. Phase II existing facilities, as defined in LAC 33:IX.Chapter 47.Subchapter B, shall submit to the state administrative authority for review information required under Paragraphs R.2, 3, and 5 of this Section and all applicable provisions of LAC 33:IX.4739 as part of their application, except for the proposal for information collection, which shall be provided in accordance with LAC 33:IX.4739.B.1.

2. Source Water Physical Data. These include:

a. a narrative description and scaled drawings showing the physical configuration of all source water bodies used by the facility, including areal dimensions, depths, salinity and temperature regimes, and other documentation that support the determination of the water body type where each cooling water intake structure is located;

b. identification and characterization of the source water body's hydrological and geomorphological features, as well as the methods used to conduct any physical studies to determine the intake's area of influence within the water body and the results of such studies;

c. locational maps; and

d. for new offshore oil and gas facilities that are not fixed facilities, a narrative description and/or locational maps providing information on predicted locations within the water body during the permit term in sufficient detail for the administrative authority to determine the appropriateness of additional impingement requirements in LAC 33:IX.4769.B.5.

3. Cooling Water Intake Structure Data. These include:

a. a narrative description of the configuration of each of the cooling water intake structures and where it is located in the water body and in the water column;

b. latitude and longitude in degrees, minutes, and seconds for each of the cooling water intake structures;

c. a narrative description of the operation of each of the cooling water intake structures, including design intake flows, daily hours of operation, number of days of the year in operation, and seasonal changes, if applicable;

d. a flow distribution and water balance diagram that includes all sources of water to the facility, recirculating flows, and discharges; and

e. engineering drawings of the cooling water intake structure.

4. Source Water Baseline Biological Characterization Data. This information is required to characterize the biological community in the vicinity of the cooling water intake structure and to characterize the operation of the cooling water intake structures. The state administrative authority may also use this information in subsequent permit renewal proceedings to determine if the design and construction technology plan, as required in LAC 33:IX.4713.B.4 or 4773.B.3, should be revised. This supporting information must include existing data (if available). However, the data may be supplemented using newly conducted field studies, if the owner or operator chooses to do so. The information to be submitted must include:

a. a list of the data in Subparagraphs R.4.b-f of this Section that are not available and the efforts made to identify sources of the data;

b. a list of species (or relevant taxa) for all life stages and their relative abundance in the vicinity of the cooling water intake structure;

c. identification of the species and life stages that would be most susceptible to impingement and entrainment. Species evaluated should include the forage base as well as those most important in terms of significance to commercial and recreational fisheries;

d. identification and evaluation of the primary period of reproduction, larval recruitment, and period of peak abundance for relevant taxa;

e. data representative of the seasonal and daily activities (e.g., feeding and water column migration) of biological organisms in the vicinity of the cooling water intake structure;

f. identification of all threatened, endangered, and other protected species that might be susceptible to impingement and entrainment at the cooling water intake structures;

g. documentation of any public participation or consultation with federal or state agencies undertaken in development of the plan; and

h. if the information requested in Subparagraph R.4.a of this Section is supplemented with data collected using field studies, supporting documentation for the source water baseline biological characterization must include a description of all methods and quality assurance procedures for sampling and data analysis, including a description of the study area, taxonomic identification of sampled and evaluated biological assemblages (including all life stages of fish and shellfish), and sampling and data analysis methods. The sampling and/or data analysis methods used must be appropriate for a quantitative survey and based on consideration of methods used in other biological studies performed within the same source water body. The study area should include, at a minimum, the area of influence of the cooling water intake structure.

5. Cooling Water System Data. Phase II existing facilities, as defined in LAC 33:IX.Chapter 47.Subchapter B, shall provide the following information for each cooling water intake structure they use:

a. a narrative description of the operation of the cooling water system, including:

i. its relationship to cooling water intake structures;

ii. the proportion of the design intake flow that is used in the system;

iii. the number of days of the year the cooling water system is in operation; and

iv. seasonal changes in the operation of the system, if applicable; and

b. design and engineering calculations prepared by a qualified professional and supporting data to support the description required by Subparagraph R.5.a of this Section.

La. Admin. Code tit. 33, § IX-2501

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended LR 23:723 (June 1997), amended by the Office of the Secretary, LR 25:661 (April 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2552 (November 2000), LR 26:2756 (December 2000), LR 27:45 (January 2001), LR 28:465 (March 2002), LR 28:1766 (August 2002), LR 29:1462 (August 2003), repromulgated LR 30:230 (February 2004), amended by the Office of Environmental Assessment, LR 30:2028 (September 2004), LR 31:425 (February 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2509 (October 2005), LR 32:819 (May 2006), LR 33:2069, 2165 (October 2007), LR 33:2360 (November 2007), LR 35:648 (April 2009), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46789 (6/1/2020).

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