Current through Register Vol. 50, No. 9, September 20, 2024
A. The
purpose of interim status is to allow existing facilities to operate in an
appropriate and responsible manner during the period of time required to
process and review permit application or until certification of final closure
or, if the facility is subject to post-closure requirements, until post-closure
responsibilities are fulfilled. Interim status facilities shall, when required
by the administrative authority, submit to the Office of Environmental Services
a permit application in compliance with the requirements of these regulations.
Failure to submit an application is a violation of interim status and will
result in revocation of a facility's interim status designation. Once revoked
the facility will be treated as an unpermitted facility and appropriate legal
action will be taken.
B. Qualifying
for Interim Status. Any person who owns or operates an existing HWM facility or
a facility in existence on the effective date of statutory or regulatory
amendments under the Act that render the facility subject to the requirement to
have a RCRA permit shall have interim status and shall be treated as having
been issued a permit to the extent he or she has:
1. complied with the requirements of section
3010(a) of RCRA pertaining to notification of hazardous waste activity; and
COMMENT: Some existing facilities may not be required to
file a notification under section 3010(a) of RCRA. These facilities may qualify
for interim status by meeting paragraph (a)(2) of this section.
2. complied with the requirements
of LAC 33:V.Chapter 5, Subchapter A governing submission of part I
applications.
C. Except
as provided in LAC 33:V.4719, the standards of this Chapter and of LAC
33:V.Chapter 26 apply to owners and operators of facilities that treat, store,
or dispose of hazardous waste who have fully complied with the requirements for
interim status under
Section
3005(e) of RCRA
and LAC 33:V.501 until either a permit is issued under
section
3005 of RCRA or until applicable
LAC 33:V.Chapter 43 closure and post-closure responsibilities are fulfilled,
and to those owners and operators of facilities in existence on November 19,
1980, who have failed to provide timely notification as required by section
3010(a) of RCRA and/or failed to file part A of the permit application as
required by LAC 33:V.303.K and 501.C. These standards apply to all treatment,
storage, and disposal of hazardous waste at these facilities after the
effective date of these regulations, except as specifically provided otherwise
in this Chapter or LAC 33:V.Chapter 49.
COMMENT: As stated in
section
3005(a) of
RCRA, after the effective date of regulations under that section (i.e., LAC
33:V.Chapters 3, 5, and 7), the treatment, storage, and disposal of hazardous
waste is prohibited except in accordance with a permit.
Section
3005(e) of RCRA
provides for the continued operation of an existing facility that meets certain
conditions, until final administrative disposition of the owner's and
operator's permit application is made.
D. The requirements of this Chapter do not
apply to:
1. a person disposing of hazardous
waste by means of ocean disposal subject to a permit issued under the Marine
Protection, Research, and Sanctuaries Act;
COMMENT: These LAC 33:V.Chapter 43 regulations do apply to
the treatment or storage of hazardous waste before it is loaded onto an ocean
vessel for incineration or disposal at sea, as provided in Subsection C of this
Section.
2. the owner or
operator of a POTW which treats, stores, or disposes of hazardous waste;
COMMENT: The owner or operator of a facility under
Paragraphs D.l and 2 of this Section is subject to the requirements of LAC
33:V.Chapters 10, 11, 15, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 31,
32, 33, 35, and-37 to the extent they are included in a permit by rule granted
to such a person under 40 CFR 122 and by 144.14.
3. a person who treats, stores, or disposes
of hazardous waste in a state with a RCRA hazardous waste program authorized
under subpart A or B of 40 CFR part 271, except that the requirements of this
Chapter will continue to apply:
a. if the
authorized state RCRA program does not cover disposal of hazardous waste by
means of underground injection; or
b. to a person who treats, stores, or
disposes of hazardous waste in a state authorized under subpart A or B of 40
CFR part 271 if the state has not been authorized to carry out the requirements
and prohibitions applicable to the treatment, storage, or disposal of hazardous
waste at his facility which are imposed in accordance with the Hazardous and
Solid Waste Act Amendments of 1984. The requirements and prohibitions that are
applicable until a state receives authorization to carry them out include all
federal program requirements identified in
40 CFR
271.1.j;
4. the owner or operator of a facility
permitted, licensed, or registered by the state 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.1009;
5. the owner and operator of a facility
managing recyclable materials described in LAC 33:V.4105.A.1-3, except to the
extent they are referred to in LAC 33:V.Chapter 40 or LAC 33:V.4139, 4141,
4143, or 4145;
6. a generator
accumulating waste on-site in compliance with LAC 33:V.Chapter 10, except to
the extent the requirements are included in LAC 33:V.Chapter 10;
7. a farmer disposing of waste pesticides
from his own use in compliance with LAC 33:V.1003.C;
8. the owner or operator of a totally
enclosed treatment facility (as defined in LAC 33:V.109);
9. the owner or operator of an
elementary neutralization unit or wastewater treatment
unit (as defined in LAC 33:V.109), provided that if the owner or
operator is diluting hazardous ignitable (D001) wastes (other than the D001
high TOC subcategory defined in LAC 33:V.2299.Appendix, Table 2, Treatment
Standards for Hazardous Wastes) or reactive (D003) waste to remove the
characteristic before land disposal, the owner/operator shall comply with the
requirements set out in LAC 33:V.4321.B;
10. except as provided in Subparagraph D.10.b
of this Section;
a. a person engaged in
treatment or containment activities during immediate response to any of the
following situations:
i. a discharge of a
hazardous waste;
ii. an imminent
and substantial threat of a discharge of hazardous waste;
iii. a discharge of a material that, when
discharged, becomes a hazardous waste; or
iv. 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;
b. an owner or operator of a facility
otherwise regulated by this Chapter shall comply with all applicable
requirements of LAC 33:V.Chapter 43, Subchapters C and D;
c. any person who is covered by Subparagraph
D.10.b of this Section and who continues or initiates hazardous waste treatment
or containment activities after the immediate response is over is subject to
all applicable requirements of this Chapter and 40 CFR 122-124 for those
activities; and
d. in the case of
an explosives or munitions emergency response, if a federal, state, tribal, or
local official acting within the scope of his or her official responsibilities
or an explosives or munitions emergency response specialist determines that
immediate removal of the material or waste is necessary to protect human health
or the environment, that official or specialist may authorize the removal of
the material or waste by transporters who do not have EPA identification
numbers and without the preparation of a manifest. In the case of emergencies
involving military munitions, the responding military emergency response
specialist's organizational unit shall 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;
11. a transporter storing
manifested shipments of hazardous waste in containers meeting the requirements
of LAC 33:V.1063.A at a transfer facility for a period of 10 days or
less;
12. the addition of absorbent
material to waste in a container (as defined in LAC 33:V.109)
or the addition of waste to absorbent material in a container, provided that
these actions occur at the time waste is first placed in the container and LAC
33:V.4321.B.1 and LAC 33:V.Chapter 43, Subchapter H are complied
with;
13.
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 following 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.
E. Facilities having interim status are
subject to all applicable federal and state laws and regulations, including
these regulations.
F. The
requirements of this Chapter apply to owners or operators of all facilities
which treat, store, or dispose of hazardous waste referred to in LAC
33:V.Chapter 22, and Chapter 22 standards are material conditions or
requirements of the LAC 33:V.Chapter 43 interim status standards.
G. Interim status is not available to any
facility that has been previously denied a permit for the treatment, storage or
disposal of hazardous waste or for which authority to operate has been
previously terminated.
H. EPA
hazardous waste nos. F020, F021, F022, F023, F026, or F027 shall not be managed
at facilities subject to regulation under LAC 33:V.4301-4547 unless:
1. the wastewater treatment sludge is
generated in a surface impoundment as part of the plant's wastewater treatment
system;
2. the waste is stored in
tanks or containers;
3. the waste
is stored or treated in waste piles that meet the requirements of LAC
33:V.2301.C as well as all other applicable requirements of LAC 33:V.Chapter
43, Subchapter K;
4. the waste is
burned in incinerators that are certified pursuant to the standards and
procedures in LAC 33:V.4522; or
5.
the waste is burned in facilities that thermally treat the waste in a device
other than an incinerator and that are certified pursuant to the standards and
procedures in LAC 33:V.4534.
I. Failure to Qualify for Interim Status. If
the department has reason to believe upon examination of a part I application
that it fails to meet the requirements of these regulations, it shall notify
the owner or operator in writing of the apparent deficiency. Such notice shall
specify the grounds for the department's belief that the application is
deficient. The owner or operator shall have 30 days from receipt to respond to
such a notification and to explain or cure the alleged deficiency in his part I
application. If, after such notification and opportunity for response, the
department determines that the application is deficient, it may take
appropriate enforcement action.
J.
LAC 33:V.5309 identifies when the requirements of this Chapter apply to the
storage of military munitions classified as solid waste under LAC 33:V.5303.
The treatment and disposal of hazardous waste military munitions are subject to
the applicable permitting, procedural, and technical standards in LAC
33:V.Chapters 1-37, 41-49, and 53.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2001 et seq., and specifically
R.S.
30:2180 et
seq.
