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RCRA XVIII 

November, 2010 

LOUISIANA DEPARTMENT OF

ENVIRONMENTAL QUALITY

RCRA XVIII- SUPPLEMENTAL PROGRAM DESCRIPTION

Since 1979, through the Environmental Affairs Act, Act 449 enabled the Office of Environmental 

Affairs within the Louisiana Department of Natural Resources, as well as the Environmental Control 

Commission, to conduct an effective program designed 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 Environmental Affairs, to the new 

Department. The LDEQ has lead agency jurisdictional authority for administering the Resource 

Recovery and Conservation Act (RCRA) Subtitle C program in Louisiana. Also, the LDEQ is 

designated to facilitate communication between the United States Environmental Protection Agency 

(USEPA) and the State. During the 1999 Regular Session of Louisiana Legislature, Act 303 revised La. 

R.S. 30:2011 et seq. allowing LDEQ to reengineer the Department to perform more efficiently 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 with 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 programs in lieu of the federal government. The Louisiana 

Environmental Quality Act authorizes 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 assessment. Table 1 lists the 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 perform 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-closure care period meets the post-closure care 

requirements by using risk assessment technology. The State also allows the administrative authority 

to establish alternative risk-assessment-based concentration limits relative to groundwater 

I. INTRODUCTION
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monitoring. The State is, also, requesting authorization for regulatory citations listed in Table 2 that 

add additional requirements that have no federal counterpart 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 evidence that the Louisiana program: 

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

 B. does not impose any requirements less stringent than the federal requirements in accordance 

with RCRA Section 3009; 

 C. is consistent with the federal 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 notice and hearing during the permitting process as 

detailed in RCRA Section 7004; 

 F. provides adequate enforcement in accordance with RCRA Section 3006. 

 G. provides for the availability of information in accordance with RCRA Section 3006(f). 

 In 1978, the Louisiana Legislature recognized that the existing laws and regulations regarding the 

generation, transportation, treatment, storage and disposal of hazardous waste were inadequate. 

Past activities involving hazardous waste had resulted 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 perhaps unsafe places. In some 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 would monitor and control 

generators, transporters and disposers of hazardous 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 regulating hazardous waste. The Louisiana State 

II. PROGRAM SCOPE 
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Constitution provides for twenty (20) cabinet level Departments, one of which is the DNR. In 

August, 1979, the then Hazardous Waste Division (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 Affairs Act - LEAA) amended and reenacted the 

legislation titled Hazardous Waste Control, which was adopted in 1978 (Act 334). The LEAA 

provided for the consolidation of environmental regulatory functions under one agency. 

 The Act set forth enforcement procedures and penalties which the divisions within the Office of 

Environmental Affairs (OEA) could utilize in order to ensure compliance. With Act 97, effective 

February 1, 1984, the Louisiana Environmental Quality Act was authorized, and with Act 594, 

effective July 18, 1990, the Department of Environmental 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 Environmental Services; and 4. Office of Environmental 

Compliance. The Office of the Secretary houses the legal and communications staff, technical 

advisors and auditors. The re-engineered Department allows the hazardous waste program to be 

managed in a streamlined approach by all the offices within the Department.

 The Purpose of Louisiana’s comprehensive hazardous waste management system as stated in the 

rules and regulations is fourfold: 

 A. to protect the health and well-being of the citizens 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 recovery 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 program on the economic life of the State and to 

achieve a proper balance that protects the health of the citizens and the environment 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 adjustments on the part of the regulated community. 

The requirement that generators of hazardous waste 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 own 
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program in lieu of the federal government. The amount of waste and the number of people 

subject to these regulations make this cooperation necessary for the progressive program 

envisioned for the State of Louisiana. 

 The program is financed by self-generated funds 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 United States Environmental Protection Agency 

(USEPA). In addition, Act 547 of 1983 established the Environmental Programs Trust Fund to 

provide for the disposition of revenues generated from monitoring and 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 federal program developed pursuant to RCRA. EPA 

awarded Phase I Interim Authorization to Louisiana on December 19, 1980, based on those 

federal standards promulgated May 19, 1980. Phase 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, 1982, 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 and 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 for 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 mercury-containing equipment to the federal list of universal wastes 

regulated under the RCRA hazardous wastes regulations. It effectively replaces the 

requirements regarding universal waste thermostats, which are a subset of mercury containing 

equipment. Handlers of universal wastes are subject to less stringent standards for storing, 

transporting, and collecting these wastes. EPA 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. 
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Checklist 216- Regulation of Oil-Bearing 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 materials generated at a petroleum refinery when 

the materials are recycled by inserting them back into the petroleum refining process and 

certain other conditions are met. The exclusion allows these materials to be inserted into the 

same petroleum refinery where they are generated, or sent directly to another petroleum 

refinery. This rule adds “gasification” to the list of already recognized petroleum refinery 

processes and adds a definition for the term “gasification.” 

 

Checklist 217- National Emission Standards for Hazardous Air Pollutants: 

Standards for Hazardous Waste 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 Replacement Standards and Phase II) (Checklist 

212). It clarifies compliance monitoring provisions and corrects typographical errors and 

omissions. 

Checklist 218- Hazardous Waste Management System: 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 shipment to a landfill for disposal and the waste is 

disposed in a landfill unit subject to certain liner 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 requirements for generation, storage, transport, 

treatment, or disposal. Generators will be required to maintain records on site to show that 

the waste meets to conditions of the listing. 
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A. Secretary 

 

All Offices are under the supervision and direction 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 head 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 control 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 governor, 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, administer, 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 information systems and data processing systems, 

manage facilities and space, as provided by law, 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 information and education regarding the pollutants or 

contaminants that are present in the environment; 

 7. develop programs of training and development of all personnel to improve the 

ability of personnel to fulfill their duties and functions; 

 8. develop programs of public information 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 concerning the administration of the Department; 

 11. grant or deny permits, licenses, registrations, 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 own initiative or upon request of the governor, 

the legislature, or any committee or member thereof; and 

III. PROGRAM STRUCTURE - DEPARTMENT OF ENVIRONMENTAL QUALITY 
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 13. provide for the ongoing merger and consolidation 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 plan for the Department for the next year and shall include a 

report on the implementation of such reorganization and consolidation plan for the previous 

year. The report concerning reorganization shall specifically detail the extent to which the 

Department has achieved goals stated the previous 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 legislature. The presiding officer shall refer the 

report to the appropriate committee having jurisdiction 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 Deputy Secretary are determined and assigned by the 

Secretary. If appointed, the Deputy Secretary can serve 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, three of which are under the immediate supervision 

and direction of an Assistant Secretary. The duties and functions of each office and its Assistant 

Secretary or Undersecretary are determined by the Secretary, and 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 achievement of environmental improvements by 

coordinating the work of the other program offices 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 environmental mandate. The Administration Program 

fosters improved relationships with our customers, including community relationships and 

relations with other governmental agencies. The Administration Program reviews objectives and 
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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 Louisiana with comprehensive environmental protection 

in order to promote and protect health, safety and welfare while considering sound economic 

development and employment policies. This office includes Executive Staff, Legal Affairs 

Division that includes the Regulation Development 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, Recycling, 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, property 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 all LDEQ’s offices and external customers. The 

divisions in this office are General Services, Administrative 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 activities 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 relations (The permitting activity will provide 

single entry/contact point for permitting, consisting 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 divisions in this office are Public Participation and 

Permit Support Divisions, Waste Permits, Water Permits, 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 approach 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 divisions in this program are Inspection Division, 

Assessment Division, UST and Remediation Division, and Enforcement. 

 
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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 analog (related to 265.117]. 

4457.A Analogous to 265.228(a). Louisiana’s authorized provision can be 

found in the June 1995 official regulations 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). Louisiana’s authorized provision can be 

found in the June 1995 official regulations 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 regulations and was codified. The 

provision was completely revised by the 12/20/98 amendment to 

include risk assessment requirements. 
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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 owners 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.