Current through Register Vol. 50, No. 9, September 20, 2024
A.
General Application Requirements
1. Permit
Application. Any person who is required to have a permit (including new
applicants and permittees with expiring permits) shall complete, sign, and
submit an application to the Office of Environmental Services, as described in
this Section and LAC 33:V.4301, 4303, and 4305. Persons currently authorized
with interim status shall apply for permits when required by the administrative
authority. Persons covered by permits by rule (LAC 33:V.305.D) need not apply.
Procedures for applications, issuance, and administration of emergency permits
are found exclusively in LAC 33:V.701 and 703. Procedures for application,
issuance, and administration of research, development, and demonstration
permits are found exclusively in LAC 33:V.329.
2. No later than 90 days after the
promulgation or revision of these regulations, all generators and transporters
of hazardous waste, and all owners or operators of hazardous waste treatment,
storage, or disposal facilities must file or have on file a notification of
that activity using Notification Form HW-1, available from the Office of
Environmental Services or through the department's website. For generators of
hazardous waste, the Notification Form HW-1 shall be deemed a registration upon
acceptance and approval by the administrative authority.
3. The administrative authority shall not
begin the processing of a permit until the applicant has fully complied with
the application requirements for that permit. See this Chapter and LAC
33:V.Chapter 5 for permit standards and requirements for the contents of permit
applications.
4. Permit
applications must comply with the signature and certification requirements of
LAC 33:V.507 and 513.
B.
Treatment, storage, or disposal of hazardous waste is prohibited by any person
who has not received an interim status or a standard permit.
C. A hazardous waste permit application
consists of two parts.
1. Part I requirements
are listed in LAC 33:V.515.
2. Part
II requirements are listed in LAC 33:V.517.
D. No facility may be used to treat, store,
and/or dispose of hazardous waste without a permit for the specific activities,
procedures, and classification of waste handled as outlined in their permit, or
in emergency situations under the direction of the administrative authority as
provided in LAC 33:V.701 or 703.
E.
Requirements for Existing TSD Facilities
1.
Owners and operators of existing TSD facilities must submit Part I of their
permit application requirements listed in LAC 33:V.515 to the administrative
authority no later than 30 days after the date they first become subject to the
permitting standards set forth in LAC 33:V.Subpart 1. Generators generating
greater than 100 kg, but less than 1000 kg, of hazardous waste in a calendar
month who treat, store, or dispose of these wastes on-site must submit a Part I
RCRA permit application by March 24, 1987.
2. The owner or operator of an existing TSD
facility may be required to submit a permit application at any time. Any owner
or operator shall be allowed at least six months from the date of request to
submit the application. Any owner or operator of an existing TSD facility may
voluntarily submit the application at any time.
3. The administrative authority may by
compliance order extend the date by which the owner or operator of an existing
TSD facility must submit a permit application. In no instance will the
administrative authority grant an extension of permit submission for more than
180 days.
4. Failure to furnish a
requested Part II application on time, or to finish in full the information
required by the Part II application, is grounds for termination of interim
status under LAC 33:V.Chapter 43.
F. Part II Formal Permit Application. The
formal permit application must follow all outline, numbering system, and other
format requirements established by the administrative authority.
G. Requirements for Interim Status
Facilities. Facility owners and operators with interim status must comply with
interim status standards set forth in LAC 33:V.Chapter 43.
H. Requirements for New TSD Facilities.
Owners or operators of new TSD facilities must submit Part I and Part II of the
permit application at least 180 days before physical construction is expected
to commence except as provided in LAC 33:V.303.H.3.
1. No person shall begin physical
construction of a new TSD facility or begin major modifications to an existing
facility without having submitted Parts I and II of the permit application and
received a final effective TSD permit.
2. An application for a permit for a new TSD
facility (including both Parts I and II) may be filed any time after
promulgation of these standards, applicable to such facility. The application
shall be filed with the Office of Environmental Services.
3. Notwithstanding LAC 33:V.303.H.1, a person
may construct a facility for the incineration of polychlorinated biphenyls
pursuant to and after an approval issued by the administrative authority under
Section (6)(e) of the Toxic Substances Control Act, and any person owning or
operating such a facility shall, at any time after construction or operation of
such a facility has begun, file an application for a RCRA permit to incinerate
hazardous waste authorizing such facility to incinerate waste identified or
listed under LAC 33:V.Chapter 49.
4. A new facility must obtain an EPA
identification number. EPA identification numbers will be issued only by the
EPA. However, application for an EPA Identification Number shall be made by
completing the Hazardous Waste Notification form provided by the Office of
Environmental Services.
I. No new facility or major modification of
an existing facility may commence treatment, storage, or disposal of hazardous
waste until the facility is complete and:
1.
the permittee has submitted to the administrative authority by certified mail
or hand delivery a letter signed by the permittee and an engineer licensed in
Louisiana stating that the facility is complete and built in accordance with
terms of the permit; and
2. the
facility has been inspected by the department following a "request to make
final inspection'' by the operator, and an order to proceed is
issued.
J. Timely Permit
Submission. Failure to furnish a requested application on time or failure to
furnish in full the information required by the application is grounds for
termination of interim status.
K.
Updating Permit Applications
1. If any owner
or operator of a TSD facility has filed Part I of the permit application and
has not yet filed a Part II permit application, the owner or operator shall
file an amended Part I permit application.
2. The owner or operator of a facility who
fails to comply with the updating requirements of LAC 33:V.303.K may be subject
to termination of interim status with respect to those wastes not reported in
duly filed notifications.
L. Incomplete Applications. Applications
which lack information necessary for proper evaluation will be returned by the
administrative authority to the operator within 60 days of receipt of
application with a list of additional data required and the timeframe for
submission of additional data.
M.
Completeness. The administrative authority shall not issue a permit before
receiving a complete application for a permit except for permits by rule, or
emergency permits. An application for a permit is complete when the
administrative authority receives an application form and any supplemental
information which are completed to his or her satisfaction. An application for
a permit is complete notwithstanding the failure of the owner or operator to
submit the exposure information described in LAC 33:V.303.P. The administrative
authority may deny a permit for the active life of a hazardous waste management
facility or unit before receiving a complete application for a permit.
Applications which are complete will be accepted for review. Operators will be
notified of such acceptance for review within 60 days of receipt of
application.
N. Reapplications. Any
TSD facility with an effective permit shall submit a new permit application at
least 180 days before the expiration date of the effective permit, unless
permission for later filing is granted by the administrative authority. (The
administrative authority shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.)
O. Application Submitted. All formal permit
applications (Part II) shall be submitted in quintuplicate in the form
presented in LAC 33:V.515, 517, 519, and 521 and in conformance with all
requirements established by the administrative authority. An additional 15
copies shall be provided for any application upon which an evidentiary hearing
is to be held by the administrative authority.
P. Exposure Information
1. After August 8, 1985, any Part II permit
application submitted by an owner or operator of a facility that stores,
treats, or disposes of hazardous waste in a surface impoundment or a landfill
must be accompanied by information, reasonably ascertainable by the owner or
operator, on the potential for the public to be exposed to hazardous wastes or
hazardous constituents through releases related to the unit. At a minimum, such
information must address:
a. reasonably
foreseeable potential releases from both normal operations and accidents at the
unit, including releases associated with transportation to or from the
unit;
b. the potential pathways of
human exposure to hazardous wastes or constituents resulting from the releases
described in LAC 33:V.303.P.1.a; and
c. the potential magnitude and nature of the
human exposure resulting from such releases.
2. By August 8, 1985, owners and operators of
a landfill or a surface impoundment who have already submitted a Part II
application must submit the exposure information required in LAC
33:V.303.P.1.
Q. Other
Information. The administrative authority may require a permittee or an
applicant to submit relevant information in order to establish permit
conditions under LAC 33:V.311.E-F and 315.
R. If the administrative authority concludes,
based on one or more of the factors listed in Paragraphs R.1-9 of this Section,
that compliance with the standards of 40 CFR Part 63, Subpart EEE, as
incorporated by reference at LAC 33:III.5122, alone may not be protective of
human health or the environment, the administrative authority shall require the
additional information or assessment necessary to determine whether additional
controls are necessary to ensure protection of human health and the
environment. This includes information necessary to evaluate the potential risk
to human health and/or the environment resulting from both direct and indirect
exposure pathways. The administrative authority may also require a permittee or
applicant to provide information necessary to determine whether such an
assessment should be required. The administrative authority shall base the
evaluation of whether compliance with the standards of 40 CFR Part 63, Subpart
EEE, as incorporated by reference at LAC 33:III.5122, alone is protective of
human health or the environment on factors relevant to the potential risk from
a hazardous waste combustion unit, including, as appropriate, any of the
following factors:
1. particular
site-specific considerations such as proximity to receptors (such as schools,
hospitals, nursing homes, day care centers, parks, community activity centers,
or other potentially sensitive receptors), unique dispersion patterns,
etc.;
2. identities and quantities
of emissions of persistent, bioaccumulative, or toxic pollutants considering
enforceable controls in place to limit those pollutants;
3. identities and quantities of nondioxin
products of incomplete combustion most likely to be emitted and to pose
significant risk based on known toxicities (confirmation of which should be
made through emissions testing);
4.
identities and quantities of other off-site sources of pollutants in proximity
to the facility that significantly influence interpretation of a
facility-specific risk assessment;
5. presence of significant ecological
considerations, such as the proximity of a particularly sensitive ecological
area;
6. volume and types of
wastes, for example wastes containing highly toxic constituents;
7. other on-site sources of hazardous air
pollutants that significantly influence interpretation of the risk posed by the
operation of the source in question;
8. the adequacy of any previously conducted
risk assessment, given any subsequent changes in conditions likely to affect
risk; and
9. such other factors as
may be appropriate.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
