Current through Register Vol. 50, No. 9, September 20, 2024
The formal permit application information requirements
presented in this Section reflect the standards promulgated in LAC 33:V.Subpart
1. These information requirements are necessary in order to determine
compliance with all standards. Responses and exhibits shall be numbered
sequentially according to the technical standards. The permit application must
describe how the facility will comply with each of the Sections of LAC
33:V.Chapters 15-37 and 41. Information required in the formal permit
application shall be submitted to the administrative authority and signed in
accordance with requirements in LAC 33:V.509. The description must include
appropriate design information (calculations, drawings, specifications, data,
etc.) and administrative details (plans, flow charts, decision trees, manpower
projections, operating instructions, etc.) to permit the administrative
authority to determine the adequacy of the hazardous waste permit application.
Certain technical data, such as design drawings, specifications, and
engineering studies, shall be certified by a Louisiana registered professional
engineer. If a Section does not apply, the permit application must state it
does not apply and why it does not apply. This information is to be submitted
using the same numbering system and in the same order used in these
regulations:
A. a general description
of the facility including hours of operation/day and days/week;
B. a topographic map or maps showing a
distance of 1,000 feet around the facility at a scale of 2.5 centimeters (1
inch) equal to not more than 61.0 meters (200 feet); contours must be shown on
the map. The contour interval must be sufficient to clearly show the pattern of
surface water flow in the vicinity of and from each operational unit of the
facility. The map or maps shall clearly show the following:
1. map scale and date;
2. orientation of the map (north
arrow);
3. 100-year floodplain
area;
COMMENT: Owners and operators of all facilities shall
provide an identification of whether the facility is located within a 100-year
floodplain and a flood hazard map (Corps of Engineers or Department of Housing
and Urban Development). This identification must indicate the source of data
for such determination and include a copy of the relevant Federal Insurance
Administration (FIA) flood map, if used. Where maps for the National Flood
Insurance Program produced by FIA of the Federal Emergency Management Agency
are available, they will normally be determinative of whether a facility is
located within or outside of the 100-year floodplain. However, where the FIA
map excludes an area (usually areas of the floodplain less than 200 feet in
width), these areas must be considered and a determination made as to whether
they are in the 100-year floodplain. Where FIA maps are not available for a
proposed facility location, the owner or operator must use equivalent mapping
techniques to determine if the facility is within the 100-year floodplain, and
if so located, what the 100-year flood elevation would be.
4. surface waters including intermittent
streams and surface flow through the site and a map of the potentiometric
surface for aquifers within 100 feet of lowest elevation of disposal cells, or
other facilities containing hazardous waste, from 1,000 feet upstream to 1,000
feet downstream, where practicable. Included should be a general area map and
cross sections indicating the extent of freshwater sands, and the degree of
isolation from waste sources by confining layers of clay;
5. surrounding land uses (residential,
commercial, agricultural, recreational, public) such as schools, day care
centers, hospitals, nursing homes, prisons, libraries, etc.;
COMMENT: A map or aerial photograph showing surrounding
land use for the area within 2 miles of the site is required.
6. legal boundaries of the TSD facility
site;
7. access control (fences,
gates);
8. injection and withdrawal
wells both on site and off site;
COMMENT: A map of all known wells, operating or
abandoned, on the site and within 2 miles of the site perimeter as required in
LAC 33:V.515.A.15, including the depth of wells, amount of pumpage, water level
depth (annual maximum and minimum), and water analysis from the water well
nearest the disposal site is also required.
9. the proposed location of groundwater
monitoring wells as required under LAC 33:V.3315.A and B;
10. the proposed point of
compliance as defined under LAC 33:V.3311;
11. buildings, treatment, storage, or
disposal operations; or other structures (recreation areas, runoff control
systems, access and internal roads, storm sanitary, and process sewerage
systems, loading and unloading areas, fire control facilities, utilities,
security facilities, etc.);
12.
barriers for drainage or flood control;
13. location of operational units within the
TSD facility site, where hazardous waste is (or will be) treated, stored, or
disposed of (including equipment cleanup areas). (For large TSD facilities, the
administrative authority may allow the use of other scales on a case-by-case
basis); and
14. natural features
affecting off-site drainage patterns, transportation, utilities, and location
of effluent discharges;
C. site layout and facility design when
phased construction is planned; the plans must indicate each phase and an
accompanying schedule of construction;
D. chemical and physical analyses of the
hazardous wastes and the hazardous debris to be handled at the facility. At a
minimum, these analyses shall contain all the information that must be known to
treat, store, or dispose of the wastes properly;
E. a copy of the waste analysis plan required
by LAC 33:V.1519.B;
F. a
description of the security procedures (including entry control, hours manned,
lighting, monitoring, and other procedures to prevent unauthorized entry) and
equipment required by LAC 33:V.1507 or a justification demonstrating the
reasons for requesting a waiver of this requirement;
G. a copy of the general inspection schedule
required by LAC 33:V.1509.B. Include, where applicable, as part of the
inspection schedule, specific requirements in LAC 33:V.1709, 1719, 1721, 1731,
1755-1759, 1763, 1907.I, 1911, 2109, 2309, 2507, 2703.A-G, 2907, 3119.B and C,
and 3205;
H. a justification of any
request for a waiver(s) of the preparedness and prevention requirements of LAC
33:V.1511;
I. a copy of the
contingency plan required by LAC 33:V.1513;
[NOTE: Include, where applicable, as part of the
contingency plan, specific requirements in LAC 33:V.2909];
J. a description of procedures, structures,
or equipment used at the facility to:
1.
prevent hazards in unloading operations (for example, ramps, special
forklifts);
2. prevent runoff from
hazardous waste handling areas to other areas of the facility or environment,
or to prevent flooding (for example, berms, dikes, trenches);
3. monitoring leachate control;
4. prevent contamination of water
supplies;
5. monitor water and air
pollution affecting area outside site;
6. mitigate effects of equipment failure,
power outages, inclement weather, or other abnormal conditions;
7. prevent undue exposure of personnel to
hazardous waste (for example, protective clothing);
8. prevent accidental ignition or reaction of
ignitable, reactive, or incompatible wastes as required to demonstrate
compliance with LAC 33:V.1517; and
9. prevent nonpermitted releases to the
atmosphere;
K. traffic
pattern, estimated volume (number, types of vehicles) and control (for example,
show turns across traffic lanes, and stacking lanes, if appropriate; describe
access road surfacing and load bearing capacity; show traffic control
signals);
L. an outline of both the
introductory and continuing training programs by owners or operators to prepare
persons to operate or maintain the TSD facility in a safe manner as required to
demonstrate compliance with LAC 33:V.1515. A list of general qualifications of
key operating positions and a brief description of how training will be
designed to meet actual job tasks in accordance with these
requirements;
M. a copy of the
closure plan and, where applicable, the post-closure plan required by LAC
33:V.3511, 3523, and 1915. Include, where applicable, as part of the plans,
specific requirements in LAC 33:V.1915, 2117, 2315, 2521, 2719, 2911, 3121,
3203 and 3207;
N. for hazardous
waste disposal units that have been closed, documentation that notices required
in LAC 33:V.3517 have been filed;
O. the most recent closure cost estimate for
the facility prepared in accordance with LAC 33:V.3705 and a copy of the
documentation required to demonstrate financial assurance under LAC 33:V.3707.
For a new facility, a copy of the required documentation may be submitted 60
days prior to the initial receipt of hazardous wastes, if that is later than
the submission of the Part II;
P.
where applicable, the most recent post-closure cost estimate for the facility
prepared in accordance with LAC 33:V.3709 plus a copy of the documentation
required to demonstrate financial assurance under LAC 33:V.3711. For a new
facility, a copy of the required documentation may be submitted 60 days prior
to the initial receipt of hazardous wastes, if that is later than the
submission of the Part II;
Q. where
applicable, a copy of the insurance policy or other documentation which
comprises compliance with the requirements of LAC 33:V. Chapter 37. For a new
facility, documentation showing the amount of insurance meeting the
specification of LAC 33:V. Chapter 37 that the owner or operator plans to have
in effect before initial receipt of hazardous waste for treatment, storage, or
disposal;
R. where appropriate,
proof of coverage by a state financial mechanism in compliance with LAC 33:V.
Chapter 37;
S. a wind rose (i.e.,
prevailing wind speed and direction) and the source of the
information;
T. facility location
information:
1. seismic standard. In order to
determine the applicability of the seismic standard, LAC 33:V.1503.A.3, the
owner or operator of the facility must identify the political jurisdiction
(e.g., parish, township, or election district) in which the facility is
proposed to be located:
a. the owner or
operator shall demonstrate compliance with the seismic standard. This
demonstration may be made using either published geologic data (including
federal hazardous waste regulations) or data obtained from field investigations
carried out by the applicant. The information provided must be of such quality
to be acceptable to geologists experienced in identifying and evaluating
seismic activity. The information submitted must show that either:
i. no faults which have had displacement in
Holocene time are present, or no lineations which suggest the presence of a
fault (which have displacement in Holocene time) within 3,000 feet of a
facility are present, based on data from:
(a). published geologic studies, including
cites from federal regulations which demonstrate that the requirements of this
Section do not apply;
(b). aerial
reconnaissance of the area within a 5-mile radius from the facility;
(c). an analysis of aerial photographs
covering a 3,000-foot radius of the facility; and
(d). if needed to clarify the above data, a
reconnaissance based on walking portions of the area within 3,000 feet of the
facility; or
ii. no
faults may pass within 200 feet of the portions of the facility where
treatment, storage, or disposal of hazardous waste will be conducted based on
data from a comprehensive geologic analysis of the site. Unless a site analysis
is otherwise conclusive concerning the absence of faults within 200 feet of
such portions of the facility, data shall be obtained from a subsurface
exploration (trenching) of the area within a distance no less than 200 feet
from portions of the facility where treatment, storage, or disposal of
hazardous waste will be conducted. Such trenching shall be performed in a
direction that is perpendicular to known faults (which have had displacement in
Holocene time) passing within 3,000 feet of the portions of the facility where
treatment, storage, or disposal of hazardous waste will be conducted. Such
investigation shall document with supporting maps and other analyses, the
location of any faults found, and shall be certified by an independent
Louisiana registered professional engineer or geologist;
2. 100-year floodplain:
a. owners and operators of all facilities
shall provide an identification of whether the facility is located within a
100-year floodplain;
b. owners and
operators of facilities located in the 100-year floodplain must provide the
following information:
i. the 100-year flood
level and any other special flooding factors (e.g., wave action) which must be
considered in designing, constructing, operating, or maintaining the facility
to withstand washout from a 100-year flood;
ii. engineering analysis to indicate the
various hydrodynamic and hydrostatic forces expected to result at the site as a
consequence of a 100-year flood;
iii. structural or other engineering studies
showing the design of operational units (e.g., tanks, incinerators) and flood
protection devices (e.g., floodwalls, dikes) at the facility and how these will
prevent washout;
iv. if applicable,
and in lieu of the above two provisions, a detailed description of procedures
to be followed to remove hazardous waste to safety before the facility is
flooded, including:
v. timing of
such movement relative to flood levels, including estimated time to move the
waste, showing that such movement can be completed before floodwaters reach the
facility;
vi. a description of the
location(s) to which the waste will be moved and demonstration that those
facilities will be eligible to receive hazardous waste in accordance with LAC
33:V.Subpart 1;
vii. the planned
procedures, equipment, and personnel to be used and the means to ensure that
such resources will be available in time for use; and
viii. the potential for accidental discharges
of the waste during movement;
c. existing facilities not in compliance with
LAC 33:V.1503.B.3 shall provide a plan showing how the facility will be brought
into compliance and a schedule for compliance;
3. site geology, including:
a. certification by a geologist or
independent Louisiana registered professional engineer specializing in
geotechnical engineering that the ground and subsurface conditions at the site
are acceptable for the planned purposes of the facility;
b. identification of the uppermost aquifer
and aquifers hydraulically interconnected beneath the facility property,
including groundwater flow direction and rate, and the basis for such
identification (i.e., the information obtained from hydrogeologic
investigations of the facility area);
c. soil types, textures, and conditions to
depth of 30 feet below lowest elevation of planned disposal cells for
impoundments, landfill and land treatment facility based on test holes at
200-foot intervals (or greater or less intervals if acceptable to the
administrative authority);
d. logs
of test holes and wells, including soil samples for each pertinent strata
analyzed for soil type, texture, permeability, and other pertinent
characteristics;
e. general area
map and cross sections indicating the extent of freshwater sands, and the
degree of isolation of these aquifers to a depth of 1,000 feet from waste
sources by confining layers of clay;
f. on a topographic map, a delineation of the
waste management area, the property boundary, the proposed point of
compliance as defined under LAC 33:V.3311, the proposed location of
groundwater monitoring wells as required under LAC 33:V.3315.A and B;
and
g. detailed plans and an
engineering report describing the proposed groundwater monitoring program to be
implemented to meet the requirements of LAC 33:V.3315.A-H;
4. site hydrology, including:
a. travel times in feet/day for normal
drainage of each natural surface drainage system within 1,000 feet of the
property;
b. climate factors:
i. the 24-hour/25-year storm
rainfall;
ii. maximum, minimum, and
average temperature/month for past 10 years;
iii. impact of previous hurricanes on
area;
iv. comparison of rainfall
and evapotranspiration rates; and
v. prevailing wind direction (provide wind
rose);
c. a description
of any plume of contamination that has entered the groundwater from a regulated
unit at the time that the application is submitted that:
i. delineates the extent of the plume on the
topographic map such as required under LAC 33:V.517.B; and
ii. identifies the concentration of each LAC
33:V.3325, Table 4 constituent throughout the plume or identifies the maximum
concentrations of each such constituent in the plume;
d. if the presence of hazardous constituents
have not been detected in the groundwater at the time of permit application,
the owner or operator must submit sufficient information, supporting data, and
analyses to establish a detection monitoring program which meets the
requirements of LAC 33:V.3317. This submission must address the following items
specified under LAC 33:V.3317:
i. a proposed
list of indicator parameters, waste constituents, or reaction products that can
provide a reliable indication of the presence of hazardous constituents in the
groundwater;
ii. a proposed
groundwater monitoring system;
iii.
background values for each proposed monitoring parameter or constituent, or
procedures to calculate such values; and
iv. a description of proposed sampling,
analysis, and statistical comparison procedures to be utilized in evaluating
groundwater monitoring data;
e. if the presence of hazardous constituents
has been detected in the groundwater at the point of compliance at the time of
permit application, the owner or operator must submit sufficient information,
supporting data, and analyses to establish a compliance monitoring program
which meets the requirements of LAC 33:V.3319. The owner or operator must also
submit an engineering feasibility plan for a corrective action program
necessary to meet the requirements of LAC 33:V.3321. To demonstrate compliance
with LAC 33:V.3319, the owner or operator must address the following items:
i. a description of the wastes previously
handled at the facility;
ii. a
characterization of the contaminated groundwater, including concentrations of
hazardous constituents;
iii. a list
of hazardous constituents for which compliance monitoring will be undertaken in
accordance with LAC 33:V.3315 and 3317;
iv. proposed concentration limits for each
hazardous constituent, based on the criteria set forth in LAC 33:V.3309.A,
including a justification for establishing any alternate concentration
limits;
v. detailed plans and an
engineering report describing the proposed groundwater monitoring system, in
accordance with the requirements of LAC 33:V.3315; and
vi. a description of proposed sampling,
analysis, and statistical comparison procedures to be utilized in evaluating
groundwater monitoring data;
f. if hazardous constituents have been
measured in the groundwater which exceed the concentration limits established
under LAC 33:V.3309, Table 1, or if groundwater monitoring conducted at the
time of permit application under LAC 33:V.3301-3309 at the waste boundary
indicates the presence of hazardous constituents from the facility in
groundwater over background concentrations, the owner or operator must submit
sufficient information, supporting data, and analyses to establish a corrective
action program which meets the requirements of LAC 33:V.3321. To demonstrate
compliance with LAC 33:V.3321, the owner or operator must address, at a
minimum, the following items:
i. a
characterization of the contaminated groundwater, including concentrations of
hazardous constituents;
ii. the
concentration limit for each hazardous constituent found in the groundwater as
set forth in LAC 33:V.3309;
iii.
detailed plans and an engineering report describing the corrective action to be
taken; and
iv. a description of how
the groundwater monitoring program will demonstrate the adequacy of the
corrective action;
5. environmental factors, including:
a. list all known historical sites,
recreational areas, archaeological sites, wildlife areas, swamps and marshes,
habitats for endangered species, and other sensitive ecological areas within
1000 feet of the site; and
b.
indicate measures planned to protect such areas listed from detrimental impact
from the operation of the proposed facility;
6. geographical factors. For an area within 2
miles of the proposed site, provide the following information:
a. map or aerial photograph showing all
buildings identified as residential, commercial, industrial, or public
(schools, day care centers, hospitals, nursing homes, prisons, libraries,
etc.);
b. population;
c. principal livelihood of residents for
facilities located in rural areas;
d. land use; and
e. road network, with average daily traffic
count and route of trucks which will transport waste to the facility;
7. operations plan, including:
a. classification and estimated quantities of
wastes to be handled;
b. methods
and processes utilized:
i. facility capacity
for each disposal method;
ii.
detailed description of each process or method;
iii. storage and disposal procedures:
(a). plans for receipt, checking, processing,
segregation of incompatible wastes, and odor control; and
(b). life of each facility based on projected
use;
(c). describe recordkeeping
procedures, types of records to be kept, and use of the records by management
to control the operation; and
(d).
monitoring and recording of incoming wastes;
U. Special
Requirements. Administrative authority may require additional provisions for
special procedures or processes, for specific information for a supplementary
environmental analysis, or for such information as may be necessary to enable
the administrative authority to carry out his duties under other state
laws;
V. for land disposal
facilities, if an approval has been granted under LAC 33:V.2239, a petition has
been approved under LAC 33:V.2241 or 2271, or a determination made under LAC
33:V.2273, a copy of the notice of approval or a determination is required;
and
W. a summary of the
preapplication meeting, along with a list of attendees and their addresses, and
copies of any written comments or materials submitted at the meeting, as
required under LAC 33:V.708.A.3.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
