Current through Register Vol. 50, No. 9, September 20, 2024
A. Written Plan. By the effective dates of
these regulations, the owner or operator of a hazardous waste management
facility must have a written closure plan. Until final closure is completed and
certified in accordance with LAC 33:V.4387, a copy of the most current plan
must be furnished to the administrative authority upon request, including
request by mail. In addition, for facilities without approved plans, it must
also be provided during site inspections, on the day of inspection, to any
officer employee or representative of the department who is duly designated by
the administrative authority.
B.
Content of Plan. The plan must identify steps necessary to perform partial
and/or final closure of the facility at any point during its active life. The
closure plan must include at least:
1. a
description of how each hazardous waste management unit at the facility will be
closed in accordance with LAC 33:V.4379; and
2. a description of how final closure of the
facility will be conducted in accordance with LAC 33:V.4379. The description
must identify the maximum extent of the operation which will be unclosed during
the active life of the facility; and
3. the maximum inventory of hazardous wastes
ever on-site over the active life of the facility for a final closure, and/or
an estimate of the maximum inventory for a partial closure, and a detailed
description of the methods to be used during the partial and final closure,
including, but not limited to methods for removing, transporting, treating,
storing or disposing of all hazardous waste, identification of, and type(s) of
off-site hazardous waste management unit(s) to be used, if applicable;
and
4. a detailed description of
the steps needed to remove or decontaminate all hazardous waste residues and
contaminated containment system components, equipment, structures and soils
during partial and final closure including, but not limited to, procedures for
cleaning equipment and removing contaminated soils, methods for sampling and
testing surrounding soils, and criteria for determining the extent of
decontamination necessary to satisfy the closure performance standard;
and
5. a detailed description of
other activities necessary during the partial and final closure periods to
ensure that all partial closures and final closure satisfy the closure
performance standards, including, but not limited to, groundwater monitoring,
leachate collection, and run-on and run-off control; and
6. a schedule for closure of each hazardous
waste management unit and for final closure of the facility. The schedule must
include, at a minimum, the total time required to close each hazardous waste
management unit and the time required for intervening closure activities which
allow tracking of the progress of partial and final closure. (For example, in
the case of a landfill unit, estimates of the time required to treat or dispose
of all hazardous waste inventory and of the time required to place a final
cover must be included); and
7. an
estimate of the expected year of final closure for facilities that use trust
funds to demonstrate financial assurance under LAC 33:V.4403 or 4407 and whose
remaining operating life is less than 20 years, and for facilities without
approved closure plans; and
8. for
facilities where the administrative authority has applied alternative
requirements at a regulated unit under LAC 33:V.4367.E, 4377.D, and/or 4397.D,
either the alternative requirements applying to the regulated unit or a
reference to the enforceable document containing those alternative
requirements.
C.
Amendment of Plan. The owner or operator may amend the closure plan at any time
prior to the notification of partial or final closure of the facility. An owner
or operator with an approved closure plan must submit a written request to the
Office of Environmental Services to authorize a change to the approved closure
plan. The written request must include a copy of the amended closure plan for
approval by the administrative authority.
1.
The owner or operator must amend the closure plan whenever:
a. changes in operating plans or facility
design affect the closure plan; or
b. there is a change in the expected year of
closure, if applicable; or
c. in
conducting partial or final closure activities, unexpected events require a
modification of the closure plan; or
d. the owner or operator requests the
administrative authority to apply alternative requirements to a regulated unit
under LAC 33:V.4367.E, 4377.D, and/or 4397.D.
2. The owner or operator must amend the
closure plan at least 60 days prior to the proposed changes in facility design
or operation, or no later than 60 days after an unexpected event has occurred
which has affected the closure plan. If an unexpected event occurs during the
partial or final closure period, the owner or operator must amend the closure
plan no later than 30 days after the unexpected event. These provisions also
apply to owners or operators of surface impoundments and waste piles who
intended to remove all hazardous wastes at closure, but are required to close
as landfills in accordance with LAC 33:V.4501.
3. An owner or operator with an approved
closure plan must submit the modified plan to the Office of Environmental
Services at least 60 days prior to the proposed change in facility design or
operation, or no more than 60 days after an unexpected event has occurred that
has affected the closure plan. If an unexpected event has occurred during the
partial or final closure period, the owner or operator must submit the modified
plan no more than 30 days after the unexpected event. These provisions also
apply to owners or operators of surface impoundments and waste piles who
intended to remove all hazardous wastes at closure but are required to close as
landfills in accordance with LAC 33:V.4501. If the amendment to the plan is a
Class 2 or 3 modification according to the criteria in LAC 33:V.321.C and 322,
the modification to the plan will be approved according to the procedures in
Paragraph D.4 of this Section.
4.
The administrative authority may request modifications to the plan under the
conditions described in Paragraph C.1 of this Section. An owner or operator
with an approved closure plan must submit the modified plan within 60 days of
the request from the Office of Environmental Services, or within 30 days if the
unexpected event occurs during partial or final closure. If the amendment is
considered a Class 2 or 3 modification according to the criteria in LAC
33:V.321.C and 322, the modification to the plan will be approved in accordance
with the procedures in Paragraph D.4 of this Section.
D. Notification of Partial Closure and Final
Closure
1. The owner or operator must submit
the closure plan to the Office of Environmental Services at least 180 days
prior to the date on which he expects to begin closure of the first surface
impoundment, waste pile, land treatment, or landfill unit, or final closure if
it involves such a unit, whichever is earlier. The owner or operator must
submit the closure plan to the administrative authority at least 45 days prior
to the date on which he expects to begin partial or final closure of a boiler
or industrial furnace. The owner or operator must submit the closure plan to
the administrative authority at least 45 days prior to the date on which he
expects to begin final closure of a facility with only tanks, container
storage, or incinerator units. Owners or operators with approved closure plans
must notify the administrative authority in writing at least 60 days prior to
the date on which they expect to begin closure of a surface impoundment, waste
pile, landfill, or land treatment unit, or final closure of a facility
involving such a unit. Owners or operators with approved closure plans must
notify the administrative authority in writing at least 45 days prior to the
date on which they expect to begin partial or final closure of a boiler or
industrial furnace. Owners or operators with approved closure plans must notify
the administrative authority in writing at least 45 days prior to the date on
which they expect to begin final closure of a facility with only tanks,
container storage, or incinerator units.
2. The date when he or she "expects to begin
closure" either:
a. within 30 days after the
date on which any hazardous waste management unit receives the known final
volume of hazardous wastes or, if there is a reasonable possibility that the
hazardous waste management unit will receive additional hazardous wastes, no
later than one year after the date on which the unit received the most recent
volume of hazardous wastes. If the owner or operator of a hazardous waste
management unit can demonstrate to the administrative authority that the
hazardous waste management unit or facility has the capacity to receive
additional hazardous wastes and he or she has taken, and will continue to take,
all steps to prevent threats to human health and the environment, including
compliance with all applicable interim status requirements, the administrative
authority may approve an extension to this one-year limit; or
b. for units meeting the requirements of LAC
33:V.4383.D, no later than 30 days after the date on which the hazardous waste
management unit receives the known final volume of nonhazardous wastes or, if
there is a reasonable possibility that the hazardous waste management unit will
receive additional nonhazardous wastes, no later than one year after the date
on which the unit received the most recent volume of nonhazardous wastes. If
the owner or operator can demonstrate to the administrative authority that the
hazardous waste management unit has the capacity to receive additional
nonhazardous wastes and he has taken and will continue to take all steps to
prevent threats to human health and the environment, including compliance with
all applicable interim status requirements, the administrative authority may
approve an extension to this one-year limit.
3. The owner or operator must submit his
closure plan to the Office of Environmental Services no later than 15 days
after:
a. termination of interim status
except when a permit is issued simultaneously with termination of interim
status; or
b. issuance of a
judicial decree or final order under
R.S.
30:2025 to cease receiving hazardous wastes
or close.
4. The
administrative authority will provide the owner or operator and the public,
through a newspaper notice, the opportunity to submit written comments on the
plan and request modifications to the plan no later than 30 days from the date
of the notice. He will also, in response to a request or at his own discretion,
hold a public hearing whenever such a hearing might clarify one or more issues
concerning a closure plan. 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.) The
administrative authority will approve, modify, or disapprove the plan within 90
days of its receipt. If the administrative authority does not approve the plan
he shall provide the owner or operator with a detailed written statement of
reasons for the refusal and the owner or operator must modify the plan or
submit a new plan for approval within 30 days after receiving such written
statement. The administrative authority will approve or modify this plan in
writing within 60 days. If the administrative authority modifies this plan,
this modified plan becomes the approved closure plan. The administrative
authority must assure that the approved plan is consistent with LAC
33:V.4377-4389 and the applicable requirements of LAC 33:V.Subchapter E, LAC
33:V.4441, 4457, 4475, 4489, 4501, 4521, 4531, 4543, and 4705. A copy of the
modified plan with a detailed statement of reasons for the modifications must
be mailed to the owner or operator.
E. Removal of Wastes and Decontamination or
Dismantling of Equipment. Nothing in this Section shall preclude the owner or
operator from removing hazardous wastes and decontaminating or dismantling
equipment in accordance with the approved partial or final closure plan at any
time before or after notification of partial or final closure.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.