Current through Register Vol. 50, No. 9, September 20, 2024
A. For
each waste that will be applied to the treatment zone, the owner or operator
must demonstrate, prior to application of the waste, that hazardous
constituents in the waste can be completely degraded, transformed, or
immobilized in the treatment zone.
B. In making this demonstration, the owner or
operator may use field tests, laboratory analyses, available data, or in the
case of existing units, operating data. If the owner or operator intends to
conduct field tests or laboratory analyses in order to make the demonstration
required under LAC 33:V.2707.A, he must obtain a treatment or disposal permit
as specified in LAC 33:V.305.D. The administrative authority will specify in
this permit the testing, analytical, design, and operating requirements
(including the duration of the tests and analyses, and in the case of field
tests, the horizontal and vertical dimensions of the treatment zone, monitoring
procedures, closure and clean-up activities) necessary to meet the requirements
in LAC 33:V.2707.C.
C. Any field
test or laboratory analysis conducted in order to make a demonstration under
LAC 33:V.2707.A must:
1. accurately simulate
the characteristics and operating conditions for the proposed land treatment
unit including:
a. the characteristics of the
waste (including the presence of constituents in LAC 33:V.3105, Table
1);
b. the climate in the
area;
c. the topography of the
surrounding area;
d. the
characteristics of the soil in the treatment zone (including depth);
and
e. the operating practices to
be used at the unit;
2.
be likely to show that hazardous constituents in the waste to be tested will be
completely degraded, transformed, or immobilized in the treatment zone of the
proposed land treatment unit; and
3. be conducted in a manner that protects
human health and the environment considering:
a. the characteristics of the waste to be
tested;
b. the operating and
monitoring measures taken during the course of the test;
c. the duration of the test;
d. the volume of waste used in the
test;
e. in the case of field
tests, the potential for migration of hazardous constituents to groundwater or
surface water.
D. Permits for Land Treatment Demonstrations
Using Field Tests or Laboratory Analyses
1.
For the purpose of allowing an owner or operator to meet the treatment
demonstration requirements of LAC 33:V.2707, the administrative authority may
issue a treatment demonstration permit. The permit must contain only those
requirements necessary to meet the standards in LAC 33:V.2707.C. The permit may
be issued either as a treatment or disposal permit covering only the field test
or laboratory analyses, or as a two-phase facility permit covering the field
tests or laboratory analyses and design, construction, operation and
maintenance of the land treatment unit.
a.
The administrative authority may issue a two-phase facility permit if he finds
that, based on information submitted in Part II of the application,
substantial, although incomplete or inconclusive, information already exists
upon which to base the issuance of a facility permit.
b. If the administrative authority finds that
not enough information exists upon which he can establish permit conditions to
attempt to provide for compliance with all of the requirements of this Chapter,
he must issue a treatment demonstration permit covering only the field test or
laboratory analyses.
2.
If the administrative authority finds that a phased permit may be issued, he
will establish, as requirements in the first phase of the facility permit,
conditions for conducting the field tests or laboratory analyses. These permit
conditions will include design and operating parameters (including the duration
of the tests or analyses and, in the case of field tests, the horizontal and
vertical dimensions of the treatment zone), monitoring procedures,
post-demonstration clean-up activities, and any other conditions which the
administrative authority finds may be necessary under LAC 33:V.2707.C. The
administrative authority will include conditions in the second phase of the
facility permit to attempt to meet all requirements of this Chapter pertaining
to unit design, construction, operation and maintenance. The administrative
authority will establish these conditions in the second phase of the permit
based upon the substantial but incomplete or inconclusive information contained
in the Part II application.
a. The first
phase of the permit will be effective as provided in LAC 33:V.705.B.
b. The second phase of the permit will be
effective as provided in LAC 33:V.2707.D.4.
3. When the owner or operator who has been
issued a two-phase permit has completed the treatment demonstration, he must
submit to the Office of Environmental Services a certification, signed by a
person authorized to sign a permit application or report under LAC 33:V.507 and
509, that the field tests or laboratory analyses have been carried out in
accordance with the conditions specified in phase one of the permit for
conducting such tests or analyses. The owner or operator must also submit all
data collected during the field tests or laboratory analyses within 90 days of
completion of those tests or analyses unless the administrative authority
approves a later date.
4. If the
administrative authority determines that the results of the field tests or
laboratory analyses meet the requirements of LAC 33:V.2707, he or she will
modify the second phase of the permit to incorporate any requirements necessary
for operation of the facility in compliance with this Chapter, based upon the
results of the field tests or laboratory analyses.
a. This permit modification may proceed under
LAC 33:V.321.C, or otherwise will proceed as a modification under LAC
33:V.323.B.2.c. If such modifications are necessary, the second phase of the
permit will become effective only after those modifications have been
made.
b. If no modifications of the
second phase of the permit are necessary, the administrative authority will
give notice of his or her final decision to the permit applicant and to each
person who submitted written comments on the phased permit or who requested
notice of the final decision on the second phase of the permit. The second
phase of the permit then will become effective as specified in LAC
33:V.705.B.
c. If modifications
under LAC 33:V.323.B are necessary, the second phase of the permit will become
effective only after those modifications have been made.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.