Current through Register Vol. 50, No. 9, September 20, 2024
A. Any
person seeking an exemption to allow land disposal except by deep well
injection of a prohibited hazardous waste in a particular unit or units must
submit a petition to the Office of Environmental Services that meets the
following requirements.
1. The petition must
show that no economically or environmentally reasonable alternative to land
disposal is available, and that where feasible the waste has undergone
treatment by being stabilized, solidified, or encapsulated, or through approved
land treatment technique. No exemption shall be granted to a generator for the
land disposal of a waste stream if the waste stream can reasonably be
eliminated or significantly reduced through waste reduction.
2. The petition must demonstrate, to a
reasonable degree of certainty, that no hazardous constituents will migrate
from the disposal unit for as long as the wastes remain hazardous. Migration
prohibited by this Section includes migration into the air, land, or water. For
the purpose of this Section, no migration means the waste is
permanently confined within a department approved hazardous waste containment
system.
C. The showing referred
to in LAC 33:V.2241.A.1 must meet the following criteria.
1. The petitioner must show that he or she
has made a good-faith effort, using economically and technically feasible and
environmentally sound methods, to provide for use, reuse, reclamation, or other
recycling of the waste other than for a use constituting disposal.
2. For each waste stream the petitioner must
show that he or she has a program or plan in effect to reduce the volume and
toxicity of the waste he or she generates and that he or she has sought out the
best available technology to reduce the toxicity, corrosiveness, virulent or
infectious character, and volume of the waste and that the waste cannot be
further reduced through production modifications, nor can the waste or specific
constituents of the waste be reclaimed or reused. The plan shall include:
a. a schedule of implementation and
anticipated reductions in quantity and toxicity;
b. a list of technical process reductions
considered and those rejected and the reasons for the rejections; and
c. an analysis of the impact of the reduction
program or plan on all operations of the facility affecting the environment,
including air and water discharges.
3. The petitioner must sign and present to
the administrative authority the following certification.
"I certify under penalty of law that I have personally
examined and am familiar with the information submitted in this waste-reduction
plan and all attached documents, and that, based on my inquiry of those
individuals immediately responsible for obtaining the information, I believe
that the submitted information is true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the
possibility of fines and imprisonment."
4. The petitioner must submit a report
describing in detail the efforts undertaken since 1984 to reduce the volume and
toxicity of waste generated. The report shall provide data indicating the
change in volume and toxicity of waste actually achieved during each year in
comparison to previous years, to the extent that such information is available.
The report shall also document for each hazardous waste stream proposed for
disposal in a land disposal unit a waste reduction analysis (WRA) showing that
the petitioner has considered the economic and technical feasibility of
alternative disposal methods in the following order: reduction, recycling,
treatment, and disposal. The WRA must include:
a. an analysis of alternatives
considered;
b. the costs of
alternatives considered;
c. an
assessment of the impact on other operations of the facility affecting the
environment, including impacts on air and water discharges; and
d. a description of the availability of
alternate capacity for use of alternative technologies.
D. The demonstration submitted by
the petitioner referred to in LAC 33:V.2241.A.2 must include the following
components:
1. an identification of the
specific waste and specific unit for which the demonstration will be
made;
2. a waste analysis to
describe fully the chemical and physical characteristics of the subject
waste;
3. a comprehensive
characterization of the disposal unit site, including an analysis of background
air, soil, and water quality;
4. a
monitoring plan which will detect migration from the disposal unit at the
earliest practicable time; and
5.
sufficient information to assure the administrative authority that the owner or
operator of a land disposal unit receiving prohibited waste(s) will comply with
other applicable federal, state, and local laws.
E. The demonstration referred to in LAC
33:V.2241.A.2 must meet the following criteria.
1. All waste and environmental sampling,
test, and analytical data must be accurate and reproducible to the extent that
state-of-the-art techniques allow.
2. The administrative authority must approve
all sampling, testing, and estimation techniques for chemical and physical
properties of the waste and all environmental parameters.
3. Simulation models must be calibrated for
the specific waste and site conditions, and verified for accuracy by comparison
with actual measurements.
4. A
quality assurance and quality control plan that addresses all aspects of the
demonstration must be approved by the administrative authority.
5. An analysis must be performed to identify
and quantify any aspects of the demonstration that contribute to uncertainty.
This analysis must include an evaluation of the consequences of predictable
future events, including, but not limited to, earthquakes, floods, severe storm
events, droughts, or hurricanes or other natural phenomena.
F. Each petition referred to in
LAC 33:V.2241.A must include the following.
1. A monitoring plan must be submitted that
describes the monitoring program installed at and/or around the unit to verify
continued compliance with the conditions of the exemption. The plan must
provide information on the monitoring of the unit and/or the environment around
the unit, including the following specific information:
a. the media monitored in cases where
monitoring of the environment around the unit is required;
b. the type of monitoring conducted at the
unit in cases where monitoring of the unit is required;
c. the location of the monitoring
stations;
d. the monitoring
interval (frequency of monitoring at each station);
e. the specific hazardous constituents to be
monitored;
f. the implementation
schedule for the monitoring program;
g. the equipment used at the monitoring
station;
h. the sampling and
analytical techniques employed;
i.
the data recording/reporting procedures; and
j. the specific criteria and steps to be used
to determine if hazardous constituents have migrated.
2. Where applicable, the administrative
authority will specify as part of his or her approval of the petition the
length of time that the monitoring program described in Paragraph F.1 of this
Section must be in place before prohibited waste is received at the
unit.
3. The monitoring data
collected according to the monitoring plan specified under Paragraph F.1 of
this Section must be sent to the administrative authority according to a format
and schedule specified and approved in the monitoring plan.
4. A copy of the monitoring data collected
under the monitoring plan specified under Paragraph F.1 of this Section must be
kept on-site at the facility in the operating record.
5. The monitoring program specified under
Paragraph F.1 of this Section shall meet the following criteria.
a. All sampling, testing, and analytical
methods must be approved by the administrative authority and must provide
accurate and reproducible data.
b.
All estimation and modeling techniques must be approved by the administrative
authority.
c. A quality assurance
and quality control plan addressing all aspects of the monitoring program must
be provided to and approved by the administrative authority.
G. Each petition must
be submitted to the Office of Environmental Services.
H. After a petition has been approved, the
owner or operator must report any changes in conditions at the unit and/or the
environment around the unit that depart from the conditions described in the
exemption and that affect the potential for migration of hazardous constituents
from the units as follows.
1. If the owner or
operator plans to make changes to the unit design, construction, or operation,
such changes must be proposed in writing, and the owner or operator shall
submit a demonstration to the Office of Environmental Services at least 30 days
before making the changes. The administrative authority will determine whether
the proposed changes invalidate the terms of the petition and will determine
the appropriate response. Any changes must be approved by the administrative
authority prior to being made.
2.
If the owner or operator discovers that a condition at the site that was
modeled or predicted in the petition does not occur as predicted, this change
must be reported, in writing, to the Office of Environmental Services within 10
days of discovery of the change. The administrative authority will determine
whether the reported change from the terms of the petition requires further
action, which may include termination of waste acceptance and revocation of the
petition or petition modifications, or other responses.
I. If the owner or operator determines that
hazardous constituent(s) are migrating from the unit, the owner or operator
must immediately suspend receipt of prohibited wastes at the unit and notify
the Office of Environmental Compliance within 24 hours and in writing within 10
days of the determination that a release has occurred. Following receipt of the
notification, the administrative authority will determine within 60 days of
receiving notification whether the owner or operator can continue to receive
prohibited wastes in the unit and whether the exemption is to be revoked. The
administrative authority shall also determine whether further examination of
any migration is warranted under applicable provisions of LAC 33:V.Chapter 33
or 43.
J. Each petition must
include the following statement signed by the petitioner or a duly authorized
representative and must be submitted to the Office of Environmental Services.
"I certify under penalty of law that I have personally
examined and am familiar with the information submitted in this petition and
all attached documents, and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that the
submitted information is true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including the
possibility of fines and imprisonment."
K. After receiving a petition, the
administrative authority may request any additional information that may be
reasonably required to evaluate the demonstration.
L. A petition submitted in accordance with
this Section must apply to land disposal of the specific prohibited waste at
the individual disposal unit described in the showing and demonstration and
will not apply to any other prohibited waste at that disposal unit or to that
specific prohibited waste at any other disposal unit.
M. The administrative authority will give
public notice of the intent to approve or deny a petition and will provide an
opportunity for public comment in accordance with LAC 33:V.Chapter 7.Subchapter
C and LAC 33:V.2243. Notice will also be given when a final decision on a
petition is issued.
N. The term of
an exemption granted under this Section shall be no longer than the term of the
final operating permit if the disposal unit is operating under a final
operating permit, or up to a maximum of five years from the date of approval if
the unit is operating under interim status. In either case, the term of the
exemption granted shall expire upon the termination, revocation, or denial of a
final operating permit or upon the termination of interim status or when the
volume limit of waste to be land disposed during the term of petition is
reached. The exemption must be reviewed at least once every three
years.
O. During the petition
review process, the applicant is required to comply with all prohibitions on
land disposal under this Chapter, unless a petition for an exemption has been
approved by the EPA, and the administrative authority grants an emergency
variance. If EPA has approved the exemption, the land disposal of the waste may
continue for up to one year under an emergency variance issued by the
administrative authority until the administrative authority makes a decision on
the petition for exemption. In no case shall an emergency variance extend
beyond one year after the date of issuance. After the administrative authority
issues a decision on the exemption, the waste may be land disposed only in
accordance with the provisions of the exemption.
P. The petition granted by the administrative
authority does not relieve the petitioner from compliance with all other
applicable regulations.
Q. Liquid
hazardous wastes containing PCBs at concentrations greater than or equal to 50
ppm are not eligible for an exemption under this Section.
R. As a condition of the exemption, the
petitioner must submit a report to the Office of Environmental Services by
March 1 of each calendar year during the term of the exemption that describes
in detail the efforts undertaken during the preceding calendar year to reduce
the volume and toxicity of the waste generated. The report shall provide data
indicating the change in volume and toxicity of waste actually achieved during
the year in comparison to previous years.
S. Whenever the administrative authority
determines that the basis for approval of a petition may no longer be valid, he
or she shall require a new demonstration in accordance with this
Section.
T. Termination of an
Approved Petition
1. The administrative
authority may terminate an exemption granted under this Section for the
following causes:
a. noncompliance by the
petitioner with any condition of the exemption;
b. the petitioner's failure in the petition
or during the review and approval to disclose fully all relevant facts, or the
petitioner's misrepresentation of any relevant facts at any time; or
c. a determination that new information shows
that the basis for approval of the petition is no longer valid.
2. The administrative authority
shall terminate an exemption granted under this Section for the following
cause: the petitioner's willful withholding during the review and approval of
the petition of facts directly and materially relevant to the administrative
authority's decision on the petition.
3. The administrative authority shall follow
the procedures in LAC 33:V.323 in terminating any exemption under this
Section.
NOTE: Persons obtaining an exemption to allow land
disposal except by deep well injection of a prohibited hazardous waste in a
particular unit or units must submit a petition to the EPA administrator or
designee in accordance with
40
CFR 268.6.
AUTHORITY NOTE: Promulgated in accordance with
R.S.
30:2180 et
seq.
