1
RCRA XVIII November, 2010 

# LOUISIANA DEPARTMENT OF

ENVIRONMENTAL QUALITY

RCRA XVIII- S UPPLEMENTAL 

## P ROGRAM 

## D ESCRIPTION

Since 1979, through the Environmen tal Affairs Act, Act 449 enable d the Office of Environmental Affairs within the Louisiana Department of Natura l Resources, as well as the Environmental Control Commission, to conduct an effective program design ed to regulate those who generate, transport, treat, store, dispose or recycle hazardous waste. During the 1983 Regular Session of the Louisiana Legislature, Act 97 was adopted, which amended and reenacted La. R.S. 30:1051 et seq. as the Environmental Quality Act, renaming the Environmental Affairs Act (Act 1938 of 1979). This Act created the Louisiana Department of Environmental Quality (LDEQ) , including provisions for new offices within this new Department. Act 97 also transferred the duties and responsibilities previously delegated to the Department of Natural Resources, Office of Environmenta l Affairs, to the new Department. The LDEQ has lead agency jurisdicti onal authority for administering the Resource Recovery and Conservation Act (R CRA) Subtitle C program in Lo uisiana. Also, the LDEQ is designated to facilitate communication between the United States Environmental Protection Agency (USEPA) and the State. During the 1999 Regular Se ssion of Louisiana Legislature, Act 303 revised La. R.S. 30:2011 et seq. allowing LDEQ to reengineer the Department to perform more e fficiently and to meet its strategic goals.

It is the intention of the State, through this application, to demonstrate its equivalence and consistency with the federal statutory tests, which are outlined in the United States Environmental Protection Agency regulatory requirements under 40 CFR 271, Subpart A, for final authorization. The submittal of this application is in keeping wi th the spirit and intent of RCRA, which provides equivalent States the opportunity to apply for final delegation to operate all aspects of their hazardous waste management pr ograms in lieu of the federa l government. The Louisiana Environmental Quality Act authoriz es the State’s program, Subtitle II of Title 30 of the Louisiana Revised Statutes. The State’s program is equivalent to the federal program as outlined in revision checklists 209, 216, 217 and 218. In addition, the State is requesting authorization for its Remediation and Corrective Action Program (RECAP). Louisiana amended its regulations effective 12/20/98 by adding provisions addressing risk a ssessment. Table 1 lists th e State citations affected by this amendment. RECAP allows owners and operators to either comply with the closure requirements that are equivalent to the federal requirements, or perfor m a risk assessment to demonstrate that any contaminant remaining after closure is protective of human health and the environment in accordance with LAC 33:I.Chapter 13. Similarly, the State allows an owner or operator to demonstrate that a shortened post-cl osure care period meets the post-closure care requirements by using risk assessment technology. Th e State also allows the administrative authority
to establish alternative risk-assessment-based concentration limits relative to groundwater

I. INTRODUCTION2
RCRA XVIII November, 2010 monitoring. The State is, also, requesting authorizat ion for regulatory citations listed in Table 2 that add additional requirements that have no federal co unterpart and may be considered to be a more stringent requirement, but are not broader in scope.

Under RCRA, State programs applying for final authorization are subject to seven statutory standards. This application will provide eviden ce that the Louisiana program:

A. is equivalent to the federal prog ram as described in RCRA Section 3006;

B. does not impose any requirements less string ent than the federal requirements in accordance with RCRA Section 3009;

C. is consistent with the fe deral program and other State programs in accordance with RCRA Section 3006;

D. imposes some requirements that are more stringent than those imposed by federal regulations under RCRA Section 3009;

E. follows specific procedures for public notic e and hearing during the permitting process as detailed in RCRA Section 7004;

F. provides adequate en forcement in accordance with RCRA Section 3006.

G. provides for the av ailability of information in accord ance with RCRA Section 3006(f).

In 1978, the Louisiana Legislatur e recognized that the existing laws and regulations regarding the generation, transportation, treatment, storage and disposal of hazardous wa ste were inadequate. Past activities involving hazardous waste had re sulted in abuse to the environment and posed dangers to the citizens of the State.

Because of the large number of petrochemical industries located along the lower Mississippi River and in southwestern Louisiana, the State was faced with a major problem in properly managing a wide range of industrial process wastes, many of which are toxic or otherwise hazardous. Wastes, which were once stored in pits on the generator' s site, were released to transporters who deposited the material surreptitiously in convenient, but perhap s unsafe places. In so me cases, these wastes were taken to dumps or landfills not suitable for those types of wastes and could no longer be handled in this manner without violating the law.

Act 334 of 1978 directed the promulgation of regulations that woul d monitor and control generators, transporters and disposers of hazard ous waste. In addition to the adoption of regulations, the Act authorized the establishment of a regulatory division within the Department of Natural Resources (DNR) responsible for regula ting hazardous waste. The Louisiana State II. PROGRAM SCOPE3
RCRA XVIII November, 2010 Constitution provides for twenty (20) cabinet level Departments, one of which is the DNR. In August, 1979, the then Hazardous Waste Divi sion (HWD) began implementing the Hazardous Waste Management Plan (HWMP) , which was designed to ensure the proper management of hazardous waste from cradle to grave.

Act 449 of 1979 (Louisiana Environmental Affair s Act - LEAA) amende d and reenacted the legislation titled Hazardous Waste Control, whic h was adopted in 1978 (Act 334). The LEAA provided for the consolidation of environmenta l regulatory functions under one agency.

The Act set forth enforcement procedures and pe nalties which the divisions within the Office of Environmental Affairs (OEA) could utilize in order to ensure comp liance. With A ct 97, effective February 1, 1984, the Louisian a Environmental Quali ty Act was authorized, and with Act 594, effective July 18, 1990, the Department of Envi ronmental Quality was formed to administer the
law.

Act 303 of 1999 enabled the reengineering of LDEQ. Act 48 of the 2010 Regular Session of the Louisiana Legislature eliminated the Office of Environmental Assessment. LDEQ was regrouped into four (4) function-oriented offices : 1. Office of the Secretary; 2. Office of Management and Finance; 3. Office of Environmenta l Services; and 4. Office of Environmental Compliance. The Office of the Secretary houses the le gal and communications staff, technical advisors and auditors. The re-eng ineered Department a llows the hazardous waste program to be managed in a streamlined approach by all the offices within the Department.

The Purpose of Louisiana’s comprehensive hazard ous waste management syst em as stated in the rules and regulations is fourfold:

A. to protect the health and well-being of the ci tizens of the State of Louisiana and to prevent damage to property or to the environment through the proper management of hazardous

waste;

B. to provide incentives for the maximum reco very and reuse of hazardous waste substances, which is possible through the use of the most advanced technology;

C. to carefully consider the impact of the pr ogram on the economic life of the State and to achieve a proper balance that pro tects the health of the citize ns and the envi ronment of the State while meeting the needs of industry;

D. to establish minimum State standards that define the acceptable management of hazardous

waste.

Louisiana has taken the initiative in developing its own hazardous waste program. It is an ambitious program and has required many adjustme nts on the part of the regulated community. The requirement that generators of hazardous wa ste manage their waste in an environmentally sound manner creates new demands for adequate hazardous waste management capacity. The LDEQ has worked with the regulated community, private interest groups and the federal government to ensure equivalent standards that would qualify the State to administer its own4
RCRA XVIII November, 2010 program in lieu of the federal government. Th e amount of waste and the number of people subject to these regulations make this coop eration necessary for the progressive program
envisioned for the State of Louisiana.

The program is financed by self-generated fu nds through permit application fees and annual maintenance fees paid by the industries regulated by hazardous waste regulations and by grant funds provided under the RCRA through the Un ited States Environmental Protection Agency (USEPA). In addition, Act 547 of 1983 established the Environmental Programs Trust Fund to provide for the disposition of revenues genera ted from monitoring an d maintenance and other fees imposed to defray the cost of administering environmental programs. All monies in the fund in excess of that amount necessary to administer the program remain in the fund, and are invested by the State Treasurer, until such time as federal funds become unavailable for these purposes. The purpose of this legislation is to ensure that the State has funds to replace any decrease in
federal environmental funds.

Louisiana has demonstrated to EPA that its program was substantially equivalent in its management of hazardous waste to the federa l program developed pursuant to RCRA. EPA
awarded Phase I Interim Authorization to Lo uisiana on December 19, 1980, based on those federal standards promulgated May 19, 1980. Ph ase II Interim Authorization, Components A, B and C, was granted to the State on January 24, 1984, based on federal standards promulgated on January 12, 1982, January 23, 19 82, and July 26, 1982, respectively. The LDEQ was granted HSWA I Authorization on January 23, 1995, Non-HSWA IV on March 8, 1995, non-HSWA V, non-HSWA VI and HSWA II on January 2, 1996, and RCRA I, II, and III on June 11, 1996, RCRA Cluster IV on March 16, 1998, RCRA V an d VI on December 22, 1998, RCRA Cluster VII on October 25, 1999, Land Disposal Restrictions on November 1, 1999, RCRA Cluster VIII and waste minimization on April 28, 2000, RCRA Cluster IX on March 5, 2001, RCRA Clusters X, XI and XII on February 9, 2004, RCRA Cluster XIII on June 10, 2005, RCRA XIV on January 13, 2007, and RCRA XV on October 15, 2007, RCRA Clusters XVI and XVII on July 20, 2009, all announced in the Federal Register

.

With this application the LDEQ is applying fo r authorization for specific areas of the state regulations identified as requiring authorization and the listed checklist that will allow the state to implement the equivalent RCRA C portion of the program based on the summary of the specified checklists.

Checklist 209- Hazardous Waste Management System; Modification of the Hazardous Waste Program; Mercury Containing Equipment

Summary- This rule adds me rcury-containing equipment to the fede ral list of universal wastes regulated under the RCRA hazardous wastes re gulations. It effectively replaces the requirements regarding universal waste thermostat s, which are a subset of mercury containing equipment. Handlers of univers al wastes are subjec t to less stringent st andards for storing, transporting, and collecting these wastes. EP A has concluded that regulating spent mercurycontaining equipment as a universal waste will lead to better management of this equipment and will facilitate compliance with hazardous waste requirements.5
RCRA XVIII November, 2010 

### Checklist 216- Regulation of Oil-Bea ring Hazardous Secondary Materials From the Petroleum Refining Industry Processed in a Gasification System To Produce Synthesis Gas

Summary: This rule amends an existing exclusion to the definition of solid waste that applies to oil-bearing hazardous secondary materi als generated at a petr oleum refinery when the materials are recycled by inserting them back into the petroleu m refining process and
certain other conditions are met. The exclusion a llows these materials to be inserted into the same petroleum refinery where they are genera ted, or sent directly to another petroleum refinery. This rule adds “gasification” to th e list of already recogni zed petroleum refinery processes and adds a definition for the term “gasification.”



### Checklist 217- National Emission Stan dards for Hazardous Air Pollutants:
Standards for Hazardous Wast e Combustors; Amendments

Summary : This rule finalizes amendments to the October 12, 2005 rule- National Emission
Standards for Hazardous Air Pollutants: Final Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I Final Re placement Standards and Phase II) (Checklist 212). It clarifies compliance monitoring provi sions and corrects typog raphical errors and
omissions.



### Checklist 218- Hazardous Waste Management Syst em: Identification and Listing of Hazardous Waste; Amendment to Hazardous Waste Code F019

Summary : This rule amends the F019 listing to exempt the wastewater treatment sludge generated from zinc phosphating processes used in automobile assembly, provided the wastes are not placed outside on the land prior to shipme nt to a landfill for disposal and the waste is disposed in a landfill unit subject to certain lin er requirements. Wastes that meet these conditions will be exempted from the listing from their point of generation, and will not be subject to any RCRA Subtitle C management requi rements for generation, storage, transport, treatment, or disposal. Generators will be requ ired to maintain records on site to show that
the waste meets to condi tions of the listing.6
RCRA XVIII November, 2010 A. Secretary

All Offices are under the supervision and directi on of the Secretary, who is appointed by the Governor with the consent of the Senate. The Secretary serves as the executive head and chief administrative officer of the Department. As he ad of the LDEQ, the Secretary is responsible for the policies, administration, control and operation of the functions, programs and affairs of the Department, which are under the general cont rol and supervision of the Governor. The Secretary, by authority of La. R.S. 30:2001 et.seq., specifically section 2011, has the following powers and duties: 1. represent the public interest in the administration of the Louisiana Environmental Quality Act and be responsible to the go vernor, the legislature and the public; 2. determine the policies of the Department , except as otherwise provided by Title 30 of the Louisiana Revised Statutes; 3. in accordance with the Administrative Procedure Act, make, alter, amend and promulgate rules and regulations necessary for the administration of the functions of the Department, except as otherwise provided by Title 30 of the Louisiana Revised Statutes; 4. organize, plan, supervise, direct, admi nister, execute and be responsible for the functions and programs vested in the Department in the manner and to the extent provided by Title 30 of the Louisiana Revised Statutes; 5. manage the personnel, develop informat ion systems and data processing systems, manage facilities and space, as provided by la w, and employ such personnel or enter into such contracts as are necessary for the efficient and effective operation of the Department; 6. develop programs of public informati on and education regarding the pollutants or contaminants that are present in the environment; 7. develop programs of training and de velopment of all personnel to improve the ability of personnel to fulfill their duties and functions; 8. develop programs of public informat ion and education regarding environmental problems, developments, hazards or programs; 9. establish programs to monitor and analyze emissions into the air, water or land and to provide current and accurate information to the public regarding the pollutants or contaminants that are present in the environment; 10. advise the governor on problems concer ning the administration of the Department; 11. grant or deny permits, licenses, regist rations, variances or compliance schedules as are provided for by law. He shall have the authority to delegate to the Environmental Control Commission or the assistant secretaries the power to issue certain permits, licenses, registrations, variances or compliance schedules; 12. make and publish an annual report to the governor and the legislature concerning the operations of the Department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the Department and make other reports and recommendations on his ow n initiative or upon request of the governor, the legislature, or any commi ttee or member thereof; and 

### III. PROGRAM STRUCTURE - DEPARTME NT OF ENVIRONMENTAL QUALITY7
RCRA XVIII November, 2010 13. provide for the ongoing merger and c onsolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget statement that he submits under provisions of R.S. 39:45. Such report shall include a statement of the goals of the Department and of the programs thereof and shall summarize the accomplishments of the Department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation pl an for the Department for the next year and shall include a report on the implementation of such reorganiza tion and consolidation plan for the previous year. The report concerning reorganization sh all specifically detail the extent to which the Department has achieved goals stated the previo us year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to re-organization that may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary

to the presiding officer of both houses of the legislat ure. The presiding officer shall refer the report to the appropriate committee having jurisdi ction of the subject matter as provided in the rules of the respective house.

B. Deputy Secretary

The Deputy Secretary of the LDEQ is appointed by the Secretary with the consent of the Senate. The duties and functions of the Depu ty Secretary are determined and assigned by the Secretary. If appointed, the Deputy Secretary can se rve as acting secretary in the absence of the Secretary.

C. Undersecretary

The Undersecretary of the LDEQ is appointed by the Governor with the consent of the Senate. He is directly responsible to, and performs his functions under, the supervision and control of the Secretary. The Undersecretary is responsible for the functions of the Office of Management and Finance within the LDEQ. In this position, he is responsible for financial services, contract and grant services, information services, and administrative services for the Department.

D. LDEQ Offices

The Department is divided into four offices, th ree of which are under the immediate supervision
and direction of an Assistant Secr etary. The duties and functions of each office and its Assistant Secretary or Undersecretary are determined by the Secretary, an d all such duties and functions assigned are under the direct supervision and control of the Secretary.



### Office of the Secretary - As the managerial branch of the Department, the mission of the Administrative Program is to facilitate the ac hievement of environmen tal improvements by coordinating the work of the other program offi ces in order to reduce quantity and toxicity of emissions. The office represents the Department when dealing with external agencies and promotes initiatives that serve a broad envir onmental mandate. The Administration Program fosters improved relationships with our customers, including community relationships and relations with other governmental agencies. The Administration Program reviews objectives and8
RCRA XVIII November, 2010 budget priorities to assure they are in keeping with the mandates of LDEQ. The goal of the Administration Program is to improve the environment of Louisiana by enabling the Department to provide the people of Louisian a with comprehensive environmental protection in order to promote and protect health, safety and welfare while considering sound economic development and employment policies. This of fice includes Executive Staff, Legal Affairs Division that includes the Regulation Developmen t Section, Criminal Investigations Division, Communications, Auditing, and a newly created division, Business and Community Outreach, that will provide more intensive agency focus on providing information on regulatory and environmental changes to businesses and communities. The sections that make up this division include Clean Water State Revolving Fund, R ecycling, and Business, Community Outreach and

Incentives Division.



### Office of Management and Finance - The mission of this office is to provide effective and efficient support and resources to all of the offices within the Louisiana Department of Environmental Quality and external customers as necessary to carry out the mission of the department. The specific role of this office is to provide fiscal services (accounting, laboratory services, technology transfer and communications ), and administrative services (human resources, contracts and grants, procurement, prope rty control, safety and other general services) to the department and its employees. This goal of this program is to administer and provide effective and efficient support and resources to a ll LDEQ’s offices and external customers. The divisions in this office are General Services, Ad ministrative Services, Financial Services, Human Resources, Contracts and Grants, and Procurement.



### Office of Environmental Services - This office is responsible for the following services: regulating pollution sources; permitting activiti es consistent with laws and regulations and providing interface between the department and businesses and customers; providing environmental assistance and improved public participation to small businesses, schools, complaints hotline and community/industrial rela tions (The permitting activity will provide single entry/contact point for permitting, cons isting of media specific units as well as a multimedia team approach.); providing technical guidance for permit applications; providing improved permit tracking; and maintaining the ability to focus on applications with highest potential for environmental impact. The division s in this office are Public Participation and Permit Support Divisions, Waste Permits, Water Perm its, and Air Permits. At the present time, the LDEQ Secretary has delegated his authority and power to grant or deny permits to the Assistant Secretary of Environmental Services, and to his successors in office.



### Office of Environmental Compliance - The duty of the Office of Environmental Compliance is to ensure the public and occupational safety and welfare of the people and environmental resources of Louisiana by conducting inspections of permitted facilities and activities and responding to chemical emergencies. This program establishes a multimedia compliance approach, creates a uniform appr oach for compliance activities, assigns accountability and responsibility to appropriate parties, provides standardized instruction training for all investigation personnel and provides for vigorous prosecution and timely
resolution of enforcement actions. The divisi ons in this program are Inspection Division, Assessment Division, UST and Remediat ion Division, and Enforcement.9
RCRA XVIII November, 2010 TABLE 1
RECAP CITATIONS

State
Citation Comment 322.D.1.g, No Federal analog [related to 270.42]. 1803.B.2 No Federal analog (related to 264.1102(b)]. 2315.B.2 No Federal analog (related to 264.258(b)]. 2809.B.2 No Federal analog (related to 264.575(b)]. 2911.B.1 No Federal analog (related to 264.228(b)]. 3207.C.2 No Federal analog (related to 264.603(b)]. 3322.D No Federal analog (related to 264.101)]. 3507.B No Federal analog (related to 264.111]. 3521.A.3 No Federal analog (related to 264.117]. 4373.K.1 No Federal analog (related to 265.93)]. 4379.B No Federal analog (related to 265.111)].

4389.C No Federal anal og (related to 265.117]. 4457.A Analogous to 265.228(a). Louisian a’s authorized provision can be found in the June 1995 official regula tions that were codified. The provision was completely revised by the 12/20/98 amendment to include risk assessment requirements. 4475.B Analogous to 265.258(b). Louisian a’s authorized provision can be found in the June 1995 official regu lations and was codified. The provision was completely revised by the 12/20/98 amendment to include risk assessment requirements. 4705.B Analogous to 265.1102(b). Louisiana’ s authorized provision can be found in the June 1995 official regu lations and was codified. The provision was completely revised by the 12/20/98 amendment to include risk assessment requirements.10
RCRA XVIII November, 2010 TABLE 2
REGULATORY CITATIONS WITH NO FEDERAL COUNTERPART

State Citation Comment 1519.D All waste analysis plans must be certified by a Louisiana licensed professional engineer) 1901.D Requirements for Tanks meeting the accumulation time exclusion requirements)

1905.H Written assessment requirement for ow ners and operators of new tank systems or components subject to accumulation time exclusion. 1915.D Owners or operators of tanks subject to the accumulation time exclusion of 1109.E.1 are exempt from the requirements of LAC:33.V.Chapters 35 and 37, except for 3507. 2101.D Storage of hazardous waste prohibited from land disposal. 2303.K What a double lined waste pile is subject to. 2703.I Specific requirement for landfarms. 2703.J Land treatment unit requirements. 2903.I Requirements for owner or operator of a double lined surface impoundment.

3207.B & C Closure and post-closure care requirements for a miscellaneous unit that is not a disposal unit. 3315.K Recordkeeping for groundwater monitoring program.

3715.F.8 Corporate guarantee for closure/postclosure may not be used to demonstrate financial assurance for liability coverage.