Current through Register Vol. 50, No. 9, September 20, 2024
A. A permit is
required for the treatment, storage, and disposal of any hazardous waste as
identified or listed in LAC 33:V.Chapter 49. The terms
treatment, storage,
disposal, and hazardous waste are defined in
LAC 33:V.109. Owners and operators of hazardous waste management units must
have permits during the active life (including the closure period) of the unit.
Owners or operators of surface impoundments, landfills, land treatment units,
and waste pile units that received wastes after July 26, 1982, or that
certified closure (according to LAC 33:V.4387) after January 26, 1983, must
have post-closure permits, unless they demonstrate closure by removal or
decontamination as provided under Subsections F and G of this Section, or
obtain an enforceable document in lieu of a post-closure permit, as provided
under Subsection H of this Section. If a post-closure permit is required, the
permit must address applicable groundwater monitoring, unsaturated zone
monitoring, corrective action, and post-closure care requirements. The denial
of a permit for the active life of a hazardous waste management facility or
unit does not affect the requirement to obtain a post-closure permit under this
Section.
B. Specific Inclusions.
Owners and operators of certain facilities require hazardous waste permits as
well as permits under other programs for certain aspects of the facility
operation. Permits are required for:
1.
facilities which treat, store, and/or dispose of hazardous wastes controlled by
this program, as listed in LAC 33:V.105, less listed exclusions in LAC
33:V.105.D;
2. all associated
surface facilities for injection wells that treat, store, and/or dispose of
hazardous waste;
3. treatment,
storage, or disposal of hazardous waste at facilities requiring a National
Pollution Discharge Elimination System (NPDES) permit;
4. barges or vessels that dispose of
hazardous waste under a valid federal permit by ocean disposal and onshore
hazardous waste treatment, or storage facilities associated with an ocean
disposal operation. However, the facility will be deemed to have a permit for
ocean disposal from the barge or vessel itself if it complies with the
requirements of LAC 33:V.305.C.
C. Specific Exclusions and Exemptions. The
following persons are not required to obtain a hazardous waste permit:
1. facilities with injection wells that
dispose of hazardous waste. Those wells are regulated by the Office of
Conservation prior to February 1, 1984. After that date, such permits shall be
issued by the Department of Environmental Quality pursuant to Act 97 of
1983;
2. generators who accumulate
hazardous waste on-site in compliance with all of the conditions for exemption
provided in LAC 33:V1009, 1011, 1013, and 1015;
3. farmers who dispose of hazardous waste
pesticides from their own use as provided in LAC 33:V.1003.C;
4. persons who own or operate facilities
solely for the treatment, storage, or disposal of hazardous waste excluded from
regulation under LAC 33:V.105.D or 1009 (very small quantity generator
exemption);
5. owners or operators
of totally enclosed treatment facilities (see definition in LAC 33:V.Chapter
1);
6. owners and operators of
elementary neutralization units or wastewater treatment units (see definitions
in LAC 33:V.Chapter 1);
7.
transporters storing manifested shipments of hazardous waste in containers
meeting all applicable requirements at a transfer facility for a period of 10
days or less, if so approved by the administrative authority (see definition in
LAC 33:V.109);
8. persons adding
absorbent material to waste in a container and persons adding waste to
absorbent material, provided that this action occurs at the time waste is first
placed in the container and that the action complies with all applicable
sections in LAC 33:V.Chapter 21;
9.
a person is not required to obtain a permit for those activities he carries out
to immediately contain or treat a spill of hazardous waste or material which,
when spilled, becomes a hazardous waste. This exclusion is intended to relieve
persons of the necessity of obtaining a RCRA permit where the treatment or
storage of hazardous waste is undertaken as part of an immediate response to a
spill. After the immediate response activities are completed, any treatment,
storage, or disposal of spilled material or spill residue or debris that is
undertaken must be covered by interim status, permit or emergency
permit;
10. owners and operators of
facilities granted a research development and demonstration permit under
Section
3005(g) of
Subtitle C of RCRA, is so specifically exempted by the administrative
authority;
11.
universal
waste handlers and
universal waste transporters (as
defined in LAC 33:V.3813) handling the wastes listed below. These handlers are
subject to regulation under LAC 33:V.Chapter 38, when handling the below listed
universal wastes:
a. batteries as described
in LAC 33:V.3803;
b. pesticides as
described in LAC 33:V.3805;
c.
mercury-containing equipment as described in LAC 33:V.3807;
d. lamps as described in LAC
33:V.3809;
e. electronics as
described in LAC 33:V.3810; and
f.
antifreeze as described in LAC 33:V.3811;
12. the owner or operator of a facility
permitted, licensed, or registered to manage municipal or industrial solid
waste, if the only hazardous waste the facility treats, stores, or disposes of
is excluded from regulation by LAC 33:V.Subpart 1;
13. a person, not required to obtain a RCRA
permit for treatment or containment activities taken during immediate response
to any of the following situations:
a. a
discharge of a hazardous waste;
b.
an imminent and substantial threat of a discharge of hazardous waste;
c. a discharge of a material which, when
discharged, becomes a hazardous waste;
d. an immediate threat to human health,
public safety, property, or the environment from the known or suspected
presence of military munitions, other explosive material, or an explosive
device, as determined by an explosives or munitions emergency response
specialist as defined in LAC 33:V.109;
14. any person who continues or initiates
hazardous waste treatment or containment activities after the immediate
response is over is subject to all applicable requirements of LAC 33:V.Chapters
3, 5, and 7 for those activities; or
15. in the case of emergency responses
involving military munitions, the responding military emergency response
specialist's organizational unit must retain records for three years
identifying the dates of the response, the responsible persons responding, the
type and description of material addressed, and its
disposition.
D. RCRA
Permits by Rule
1. Notwithstanding any other
provision, the following shall be deemed to have a permit if the conditions
listed are met.
a. The owner or operator of a
barge or other vessel which accepts hazardous waste for ocean disposal, if he
or she has a valid federal permit for ocean dumping which is duly authorized
and meets permit conditions, hazardous waste regulations, identification
numbers, uses the manifest system, reports manifest discrepancies, operating
records, annual reports, and reports of any unmanifested waste. Where required
by the administrative authority, evidence of the above conditions must be
presented. On-shore storage or treatment facilities shall be permitted as
required by LAC 33:V.Subpart 1.
b.
The owner or operator of an injection well disposing of hazardous waste if he
or she has a valid permit for underground injection issued under LAC
43:XVII.Subparts 1 and 2 and is in compliance with such permit and LAC
43:XVII.203.F, and associated surface facilities are permitted under LAC
33:V.Subpart 1. For underground injection permits issued after November 8,
1984, the owner or operator must comply with LAC 33:V.3322. Where the
underground injection well is the only unit at a facility which requires a RCRA
permit, the owner or operator must comply with LAC 33:V.516 and with the
following information requirements for solid waste management units.
i. The following information is required for
each solid waste management unit at a facility seeking a permit:
(a). the location of the unit on the
topographic map;
(b). designation
of type of unit;
(c). general
dimensions and structural description (supply any available
drawings);
(d). information on when
the unit was operated; and
(e).
specification of all wastes that have been managed at the unit, to the extent
available.
ii. The owner
or operator of any facility containing one or more solid waste management units
must submit all available information pertaining to any release of hazardous
wastes or hazardous constituents from such unit or units.
iii. The owner/operator must conduct and
provide the results of sampling and analysis of groundwater, land surface, and
subsurface strata, surface water, or air, which may include the installation of
wells, where the administrative authority ascertains it is necessary to
complete a RCRA Facility Assessment that will determine if a more complete
investigation is necessary.
2. Publicly Owned Treatment Works. The owner
or operator of a POTW can accept hazardous waste for treatment, if the owner or
operator has an NPDES permit, complies with the conditions of that permit, and
complies with the following regulations:
a.
receives an identification number as provided in LAC 33:V.303.H.4;
b. receives all hazardous waste under a
designated manifest system;
c.
provides a mechanism by which discrepancies in manifested discharges and
receipts can be reconciled;
d.
maintains a description and quantity of each hazardous waste received and
subsequent treatment including methods and dates;
e. submits annual reports summarizing
activities relating to receptions and treatment of each hazardous
waste;
f. submits a complete report
within five days of receiving any hazardous waste on an unmanifested
basis;
g. complies with all
recordkeeping requirements of LAC 33:V.Subpart 1; and
h. for NPDES permits issued after November 8,
1984, complies with LAC 33:V.3322.
3. The owner or operator can accept the
hazardous waste if it meets all federal, state, and local pretreatment
requirements which would be applicable to the waste and if it is discharged
into the POTW through a sewer, pipe, or similar conveyance.
E. Permits for Less Than an Entire
Facility. The administrative authority may issue or deny a permit for one or
more units at a facility without simultaneously issuing or denying a permit to
all of the units at the facility. The interim status of any unit for which a
permit has not been issued or denied is not affected by the issuance or denial
of a permit to any other unit at the facility.
F. Closure by Removal. Owners/operators of
surface impoundments, land treatment units, and waste piles closing by removal
or decontamination under LAC 33:V.Chapter 43 standards must obtain a
post-closure permit unless they can demonstrate to the administrative authority
that the closure met the standards for closure by removal or decontamination in
LAC 33:V.2911, 2719.D.4, or 2315, respectively. The demonstration may be made
in the following ways.
1. If the
owner/operator has submitted an application for a post-closure permit, the
owner/operator may request a determination, based on information contained in
the application, that LAC 33:V.Subpart 1 closure-by-removal standards were met.
If the administrative authority believes that LAC 33:V.Subpart 1 standards were
met, he or she will notify the public of this proposed decision, allow for
public comment, and reach a final determination according to the procedures in
LAC 33:V.305.G.
2. If the
owner/operator has not submitted a Part II application for a post-closure
permit, the owner/operator may petition the administrative authority for a
determination that a post-closure permit is not required because the closure
met the applicable LAC 33:V.Chapters 10, 11, 15, 17, 19,21, 23, 25, 27, 28, 29,
31, 32, 33, 35, and 37 closure standards.
a.
The petition must include data demonstrating that closure met removal or
decontamination standards, or it must demonstrate that the unit was closed
under state requirements that met or exceeded the applicable LAC 33:V.Subpart 1
closure-by-removal standards.
b.
The administrative authority shall approve or deny the petition according to
the procedures outlined in LAC 33:V.305.G.
G. Procedures for Closure Equivalency
Determination
1. If a facility owner/operator
seeks an equivalency demonstration under LAC 33:V.305.F, the administrative
authority will provide the public through a newspaper notice, the opportunity
to submit written comments on the information submitted by the owner/operator
within 30 days from the date of the notice. The administrative authority will
also, in response to a request or at his or her own discretion, hold a public
hearing whenever such a hearing might clarify one or more issues concerning the
equivalence of the LAC 33:V.Chapter 43 closure to the LAC 33:V.Chapter 35
closure. The administrative authority will give public notice of the hearing at
least 30 days before it occurs. (Public notice of the hearing may be given at
the same time as notice of the opportunity for the public to submit written
comments, and the two notices may be combined.)
2. The administrative authority will
determine whether the LAC 33:V.Chapter 43 closure met the requirements of LAC
33:V.Chapter 35 closure by removal or decontamination within 90 days of its
receipt. If the administrative authority finds that the closure did not meet
the applicable LAC 33:V.Chapter 35 standards, he or she will provide the
owner/operator with a written statement of the reasons why the closure failed
to meet LAC 33:V.Chapter 35 standards. The owner/operator may submit additional
information in support of an equivalency demonstration within 30 days after
receiving such written statement. The administrative authority will review any
additional information submitted and make a final determination within 60
days.
3. If the administrative
authority determines that the facility did not close in accordance with LAC
33:V.Chapter 35 closure-by-removal standards, the facility is subject to
post-closure permitting requirements.
H. Enforceable Documents for Post-Closure
Care. At the discretion of the administrative authority, an owner or operator
may obtain, in lieu of a post-closure permit, an enforceable document imposing
the requirements of LAC 33:V.4396. Enforceable document means
an order, plan, or other document issued by EPA or by the department under an
authority that meets the requirements of
40 CFR
271.16(e) including, but not
limited to, a corrective action order issued by EPA under Section 3008(h), a
CERCLA remedial action, or a closure or post-closure plan.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
