Current through Register Vol. 50, No. 9, September 20, 2024
A. Any
person seeking an exemption to allow land disposal by deep well injection of a
prohibited hazardous waste in a particular injection well or wells must submit
a petition to the Office of Environmental Services that does the following.
1. The petition must show that no other
economically and environmentally reasonable alternative to disposal into an
injection well is available. 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 the waste shall be permanently confined as
required by
R.S.
30:2193(A) and 2193(E)(2)(d)
and for the purposes of this Section, permanent confinement means that there
will be no migration of hazardous constituents from the injection zone for as
long as the wastes remain hazardous. Migration prohibited by this Section
includes migration into the air, land or waters of the state where a discharge
is not permitted.
B. A
petition submitted pursuant to this Section must apply to land disposal of the
specific prohibited waste into a specific injection well or wells described in
the showing and demonstration and will not apply to any other prohibited waste
at that injection well or wells or to that specific prohibited waste at any
other injection well.
C. To comply
with Paragraph A.1 of this Section, the petitioner must show the following.
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 waste in a manner 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 technology available to reduce the toxicity,
corrosiveness, virulent, or infectious character, or 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;
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; and
d. each waste reduction program or plan must
be certified by a Louisiana licensed professional engineer (PE).
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 environmental programs of the facility,
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 required in
LAC 33:V.2271.A.2 must include sufficient information to assure the
administrative authority of the following.
1.
The hydrogeological and geochemical conditions at the sites and the
physiochemical nature of the waste stream(s) are such that one of the following
reliable predictions can be made.
a. Fluid
movement conditions are such that the injected fluids will not migrate within
10,000 years, either:
i. vertically upward
out of the injection zone; or
ii.
laterally within the injection zone, to a point of discharge or interface with
an underground source of drinking water (USDW).
b. If the injected fluids do migrate out of
the injection zone or to a point of discharge or interface with a USDW within
10,000 years, the fluid will no longer be hazardous because of attenuation,
transformation, or immobilization of hazardous constituents within the
injection zone by hydrolysis, chemical interactions, or other means.
2. Any migration due to diffusion
shall be accounted for in the demonstration required under Subparagraph D.1.a
of this Section.
3. For each well
the petitioner has done the following.
a. The
petitioner has demonstrated that the injection well's area of review includes
at least the 2-mile radius around the bore hole. The administrative authority
may specify a larger area of review on the basis of the calculated cone of
influence around the well.
b. Using
a protocol acceptable to the administrative authority, the petitioner has
located, identified, and ascertained the conditions of all wells within the
injection well's area of review (as specified in Subparagraph D.2.a of this
Section) that penetrate the injection zone or the confining zone.
c. The petitioner has submitted a corrective
action plan that meets the substantive requirements of Subsection V of this
Section; its implementation shall become a condition of petition
approval.
d. The petitioner has
submitted the results of pressure and radioactive tracer tests performed within
one year prior to submission of the petition that may demonstrate the
mechanical integrity of the well's long string casing, injection tube, annular
seal, and bottom hole cement. In cases where the petition has not been approved
or denied within one year after the initial demonstration of mechanical
integrity, the administrative authority may require the owner or operator to
perform the tests again and submit the results of the new tests.
E. A demonstration
under LAC 33:V.2271.D.1.a shall identify the strata within the injection zone
which will confine fluid movement above the injection interval and include a
showing that this strata is free of known transmissive faults or fractures and
that there is a confining zone above the injection zone.
F. A demonstration under LAC 33:V.2271.D.1.b
shall identify the strata within the injection zone where waste transformation
will be accomplished and include a showing that this strata is free of known
transmissive faults or fractures and that there is a confining zone above the
injection zone.
G. A demonstration
may include information that:
1. treatment
methods, the implementation of which shall become a condition of approval, will
be used to reduce the toxicity or mobility of the wastes; or
2. a monitoring plan, the implementation of
which shall become a condition of petition approval, will be used to enhance
confidence in one or more aspects of the demonstration.
H. Any person who has been granted an
exemption pursuant to this Section may submit a petition to the Office of
Environmental Services for reissuance of the exemption to include an additional
prohibited waste or wastes or to modify any conditions placed on the exemption
by the administrative authority. The administrative authority may reissue the
exemption if the petitioner complies with the requirements of Subsections A-F
of this Section.
I. Any person who
has been granted an exemption pursuant to this Section may submit a petition to
the Office of Environmental Services to modify an exemption to include an
additional nonprohibited hazardous waste or wastes. The administrative
authority may grant the modification if he or she determines, to a reasonable
degree of certainty, that the additional waste or wastes will behave
hydraulically and chemically in a manner similar to previously included wastes
and that it will not interfere with the containment capability of the injection
zone.
J. Information submitted in
support of the exemption petition must meet the following criteria.
1. All waste analysis and any new testing
performed by the petitioner should be accurate and reproducible and performed
in accordance with quality assurance standards.
2. Estimation techniques shall be
appropriate, and EPA-certified test protocols shall be used when available and
appropriate.
3. Predictive models
shall have been verified and validated; shall be appropriate for the specific
site, waste streams, and injection conditions of the operation; and shall be
calibrated for existing sites where sufficient data are available.
4. An approved quality assurance and quality
control plan shall address all aspects of the demonstration.
5. Reasonably conservative values shall be
used whenever values taken from the literature or estimated on the basis of
known information are used instead of site-specific measurements.
6. An analysis shall be performed to identify
and assess aspects of the demonstration that contribute significantly to
uncertainty. The petitioner shall conduct a sensitivity analysis to determine
the extent to which significant uncertainty may affect the demonstration. The
demonstration shall then be based on conservative assumptions identified in the
analysis.
K. Any
petitioner under LAC 33:V.2271.D.1.a shall provide sufficient site-specific
information to support the demonstration, such as:
1. thickness, porosity, permeability, and
extent of the various strata in the injection zone;
2. thickness, porosity, permeability, extent,
and continuity of the confining zone;
3. hydraulic gradient in the injection
zone;
4. hydrostatic pressure in
the injection zone; and
5.
geochemical conditions of the site.
L. In addition to the information in LAC
33:V.2271.K, any petitioner under LAC 33:V.2271.D.1.b shall provide sufficient
waste-specific information to ensure reasonably reliable predictions about the
waste transformation. The petitioner shall provide the information necessary to
support the demonstration, such as:
1. a
description of the chemical processes or other means that will lead to waste
transformation; and
2. results of
laboratory experiments verifying the waste transformation.
M. Any petition submitted to the
administrative authority pursuant to this Section shall include the following
components:
1. an identification of the
specific waste or wastes and the specific injection well or wells for which the
demonstration will be made;
2. a
waste analysis to describe fully the chemical and physical characteristics of
the subject wastes;
3. such
additional information as is required by the administrative authority to
support the petition under this Section; and
4. this statement signed by the petitioner or
a duly authorized representative:
"I certify under penalty of law that I have personally
examined and am familiar with the information submitted for 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."
N. Ambient Monitoring
1. Based on a site-specific assessment of the
potential for fluid movement from the well or injection zone, and on the
potential value of monitoring wells to detect such movement, the administrative
authority shall require the owner or operator to develop a monitoring program.
At a minimum, the administrative authority shall require annual monitoring of
the pressure build-up in the injection zone, including, at a minimum, a
shutdown of the well for a time sufficient to conduct a valid observation of
the pressure fall off curve.
2. The
owner or operator shall include all of the following requirements in his or her
monitoring program.
a. Continuous monitoring
for pressure changes in the first aquifer overlying the confining zone shall be
addressed. The owner or operator shall, on a quarterly basis, sample the
aquifer and analyze for constituents specified by the administrative
authority.
b. The use of indirect,
geophysical techniques shall be required to determine the position of the waste
front, the water quality in a formation designated by the administrative
authority, or to provide other site-specific data.
c. Periodic monitoring of the groundwater
quality in the first aquifer overlying the injection zone shall be
required.
d. Periodic monitoring of
the groundwater quality in the lowermost USDW shall be required.
e. Additional monitoring may be necessary to
determine whether fluids are moving into or between USDWs.
3. The administrative authority may exempt
the owner or operator from any requirements in Paragraph N.2 of this Section
which he or she deems to be unnecessary or not feasible, or which pose undue
risks.
O. The
administrative authority may require seismicity monitoring when he or she has
reason to believe that the injection activity could cause seismic
disturbances.
P. The administrative
authority shall provide public notice and an opportunity for public comment in
accordance with the procedures in LAC 33:V.Chapter 7.Subchapter C, and §2243,
of the intent to approve or deny a petition. The administrative authority shall
provide public notice of the final decision on a petition.
Q. If an exemption is granted it will apply
only to the underground injection of the specific prohibited waste or wastes
identified in the petition into a Class I hazardous waste injection well or
wells specifically identified in the petition unless the exemption is modified
or reissued pursuant to LAC 33:V.2271.H or I.
R. 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.
S. 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
petitioners 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;
d. should a petition be terminated pursuant
to this Section for the reason that it has been determined that a
technologically and economically feasible alternative to underground injection
exists, the administrative authority may provide for a compliance schedule
authorizing continued injection for the amount of time reasonably necessary to
construct and/or implement such alternative.
2. The administrative authority shall
terminate an exemption granted under this Section for the following causes:
a. 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;
b. a determination that there has been
migration from the injection zone or the well that is not in accordance with
the terms of the exemption, except that the administrative authority may at his
or her discretion decide not to terminate where:
i. the migration resulted from a mechanical
failure of the well that can be corrected promptly through a repair to the
injection well itself or from an undetected well or conduit that can be plugged
promptly; and
ii. the requirements
of LAC 33:V.2271.V are satisfied.
3. The administrative authority shall follow
the procedures in LAC 33:V.323 in terminating any exemption under this
Section.
T. Whenever the
owner or operator obtains evidence that injected wastes may have been released
into an unauthorized zone, he or she must do the following.
1. The owner or operator shall immediately
cease injection of waste fluids, and:
a.
notify the Office of Environmental Compliance in the manner provided in LAC
33:I.3923 within 24 hours of obtaining such evidence;
b. take all necessary steps to identify and
characterize the extent of any release;
c. comply with any remediation plan specified
by the administrative authority;
d.
implement any remediation plan approved by the administrative authority;
and
e. where such release is into a
USDW currently serving as a water supply, place a notice in a newspaper of
general circulation.
2.
The administrative authority may allow the operator to resume injection prior
to completing cleanup action if the owner or operator demonstrates that the
injection operation will not endanger strata containing waters of the state
where a discharge is not permitted.
U. Term of the Exemption
1. The term of an exemption granted under
this Section shall be a maximum of five years from the date of
approval.
2. The administrative
authority may re-issue an exemption every five years after the initial petition
approval, based on the submittal and review of all demonstrations stipulated in
LAC 33:V.2271.C and Z.
3. At least
once every 10 years, the administrative authority will require re-issuance of
the exemptions based on a full technical review of each petition. The
department will coordinate the timing of the review with the Department of
Natural Resources (DNR) so that the petition review will coincide with DNR's
UIC re-permitting review process.
4. The term of the exemption granted shall
expire under the following conditions:
a.
upon the revocation or denial of a Department of Natural Resources final
permit; or
b. upon the termination
of an EPA exemption; or
c. when the
volume limit of waste to be land disposed during the term of petition is
reached.
5. The
permittee shall submit a request to the Office of Environmental Services for
reissuance of the exemption at least 180 days prior to the end of the term. If
the applicant submits a timely and technically complete application, and the
administrative authority, through no fault of the applicant, fails to act on
the application for reissuance on or before the expiration date of the existing
exemption, the permittee may, with the written approval of the administrative
authority, continue to operate under the terms and conditions of the existing
exemption which shall remain in effect until final action on the application is
taken by the administrative authority.
V. Corrective Action for Wells in the Area of
Review
1. The petitioner shall submit a plan
to the Office of Environmental Assessment outlining the protocol used to:
a. identify all wells penetrating the
confining zone or injection zone within the area of review; and
b. determine whether wells are adequately
completed or plugged.
2.
The petitioner shall identify the location of all wells within the area of
review that penetrate the injection zone or the confining zone and shall submit
the following information to the administrative authority:
a. a tabulation of all wells within the area
of review that penetrate the injection zone or the confining zone;
and
b. a description of each well
or type of well and any records of its plugging or completion.
3. For wells that the
administrative authority determines are improperly plugged, completed, or
abandoned, or for which plugging or completion information is unavailable, the
applicant shall also submit a plan consisting of such steps or modifications as
are necessary to prevent movement of fluids into strata containing waters of
the state where a discharge is not permitted. Where the plan is adequate, the
administrative authority shall incorporate it into the exemption as a
condition. Where the administrative authority's review indicates that the
petitioner's plan is inadequate (based at a minimum on the factors in Paragraph
5 of this Subsection), the administrative authority shall:
a. require the applicant to revise the
plan;
b. prescribe a plan for
corrective action as a condition of the exemption; or
c. deny the exemption.
4. Requirements
a. For existing hazardous waste injection
wells, any exemption issued requiring corrective action other than pressure
limitations shall include a compliance schedule requiring any corrective action
accepted or prescribed under Paragraph V.3 of this Section. Any such compliance
schedule shall provide for compliance no later than two years after issuance of
the exemption and shall require observance of appropriate pressure limitations
under Subparagraph V.4.c of this Section until all other corrective action
measures have been implemented.
b.
For new hazardous waste injection wells, no owner or operator may begin
injection until all corrective actions required under this Section have been
taken.
c. The administrative
authority may require pressure limitations in lieu of plugging. If pressure
limitations are used in lieu of plugging, the administrative authority shall
require as a condition of the exemption that injection pressure be so limited
that pressure in the injection zone at the site of any improperly completed or
abandoned well within the area of review would not be sufficient to drive
fluids into strata containing waters of the state where a discharge is not
permitted.
5. In
determining the adequacy of corrective action proposed by the applicant under
Subsection V of this Section and in determining the additional steps needed to
prevent fluid movement into strata containing waters of the state where a
discharge is not permitted, the administrative authority shall consider the
following criteria and factors:
a. nature and
volume of injected fluid;
b. nature
of native fluids or by-products of injection;
c. geology;
d. hydrology;
e. history of the injection
operations;
f. completion and
plugging procedures in effect at the time the well was closed;
g. closure procedures in effect at the time
the well was closed;
h. hydraulic
connections with USDWs;
i.
reliability of the procedures used to identify abandoned wells; and
j. any other factors which might affect the
movement of fluids into strata containing waters of the state where a discharge
is not permitted.
W. Emergency Variance
1. 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. The administrative authority may extend an emergency variance beyond
one year; however, such approval is solely based on the agency's inability to
review the petition during the first one-year variance. The administrative
authority shall either grant or deny the petition within the extended emergency
variance period, no later than June 1, 1995, for petitions submitted prior to
June 1, 1992. After the administrative authority issues a decision on the
exemption, the waste may be land disposed only in accordance with the provision
of the exemption.
2. If the
exemption decision is vacated and/or remanded by a court on judicial review,
the emergency variance shall be automatically reinstated and shall remain in
effect until final action on the remand is taken by the administrative
authority and any subsequent appeal process has been completed.
X. The petition granted by the
administrative authority does not relieve the petitioner from compliance with
all other applicable regulations.
Y. Liquid hazardous wastes containing PCBs at
concentrations greater than or equal to 50 ppm are not eligible for an
exemption under this Section.
Z. 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, describing 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.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
