Taylor Porter
March 2015
Regulatory Alert
Exception to Environmental Assessment Requirements to Define Minor Modifications as They Relate to Reissued Permits
LAC 33:IX.2905
FINAL RULE – 3/20/2015
The final rule amends the Louisiana water quality regulations, clarifying permit changes considered minor for the purposes of La. R.S. 30:2018.E(4) (Environmental Assessments) when the changes are associated with permit renewal applications. The following actions will be considered minor modifications for the purposes of La. R.S. 30:2018.E(4) under the amended language:
  • Changes to existing outfall descriptions;
  • Changes to production or flow rate increases achieved through better efficiency or increased demand without the construction or addition of new unit(s) or outfall(s);
  • The addition of outfalls previously permitted under another LPDES permit;
  • The addition of waste load allocations assigned by total maximum daily loads or Clean Water Act 303(d) impairment; and
  • Any other changes determined to be minor by the administrative authority.
Minimum Disinfectant Residual Levels in Public Water Systems
LAC 51:XII.311, 355, 357, 361, 363, 367, 903, 1102, 1105, 1113, 1117, 1119, 1125, 1133, 1135, 1139 and 1503
EMERGENCY RULE – 3/20/2015
The LDHH State Health Officer has issued this emergency rule, effective March 3, 2015, in order to increase the minimum disinfection residual levels that are required for public water systems. Specifically, the rule states that disinfection equipment shall be operated to maintain disinfectant residuals in each finished water storage tank and at all points throughout the distribution system at all times in accordance with the following minimum levels: 1) a free chlorine residual of 0.5 mg/l; or 2) a chloramine residual (measured as total chlorine) of 0.5 mg/l for those systems that feed ammonia.
LDHH states that the rule is based upon scientific data and recommendations from the federal Centers for Disease Control and Prevention (CDC) relative to the control of the naegleria fowleri (brain-eating amoeba) parasite which has, thus far, been found in four public water systems within Louisiana.
The emergency rule also addresses a number of related items, including:
  •  increases the number of residual measurements taken monthly by 25 percent;
  • clarifies that daily residual measurements are required at the point of maximum residence time in the distribution system; and
  • requires records of chlorine residual measurements taken in the distribution system to be recorded and retained by the public water system as required by the national primary drinking water regulations.
Copyright © 2015 Taylor Porter, All rights reserved.


Peer Reviewed