Current through Register Vol. 50, No. 9, September 20, 2024
A. Except as is
otherwise specifically provided by statute, rule, or permit, this Chapter
establishes the minimum technical requirements to evaluate and/or remediate
sites that have been affected by constituents of concern including, without
limitation, those sites and activities subject to:
1. the Louisiana Environmental Quality Act,
R.S.
30:2001 et seq.;
2. the federal Resource Conservation and
Recovery Act (RCRA), as amended by Hazardous and Solid Waste Amendments (HSWA),
42 U.S.C.
6901 et seq.; and
3. the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended by the Superfund
Amendments and Reauthorization Act of 1986 (CERCLA),
42
U.S.C. 9601 et seq.
B. This Chapter shall not apply to activities
conducted in accordance with corrective action plans, closure plans, or closure
standards that were approved by the department prior to December 20, 1998,
except when modification of such a plan is deemed by the department to be
necessary to protect human health or the environment or when modification of
such a plan is otherwise allowed or required by the department in accordance
with law.
C. This Chapter shall not
apply to:
1. current spills that:
a. do not require notification under LAC
33:I.Chapter 39;
b. are remediated
as soon as practicable, but not more than 30 days, after learning of the
discharge; and
c. are remediated in
a manner that will ensure protection of human health and the
environment;
2. spills
that create emergency conditions, as defined in LAC 33:I.3905,
but do not exceed a reportable quantity, provided conditions specified in
Subparagraphs C.1.b-c of this Section are met;
3. spills solely to air; and
4. current spills over the reportable
quantity that require notification under LAC 33:I.Chapter 39, that are
remediated promptly in a manner protective of human health and the environment,
provided that:
a. the spill is remediated as
soon as practicable, but not more than 30 days, after learning of the
discharge;
b. notification is made
in accordance with LAC 33:I.Chapter 39; and
c. the written report required by LAC
33:I.Chapter 39, or a subsequent follow-up report, documents that the material
has been removed to a level that will ensure protection of human health and the
environment:
i. such documentation may
include confirmatory sampling, use of organic vapor monitoring devices or,
where appropriate (such as where the spill is of a dark material and/or is very
small), visual confirmation;
ii.
upon review of the reported cleanup documentation, the department may require a
complete RECAP evaluation if the department determines that the actions taken
do not adequately ensure protection of human health and the
environment.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2272.1.
