reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 31 - Incinerators › Section V-3111 - Performance Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  incinerator burning hazardous waste must be designed, constructed, and
				  maintained so that, when operated in accordance with operating requirements
				  specified under LAC 33:V.3117, it will meet the following performance
				  standards.
1. Except as provided in this
				  Paragraph, an incinerator burning hazardous waste must achieve a destruction
				  and removal efficiency (DRE) of 99.99 percent for each POHC designated in its
				  permit for each waste feed. DRE is determined for each POHC from the following
				  equation.
Click Here To View
					 Image
where:
Win
= mass feed
					 rate of one principal organic hazardous constituent (POHC) in the waste stream
					 feeding the incinerator, and
Wout
= mass
					 emission rate of the same POHC present in exhaust emissions prior to release to
					 the atmosphere.
2. An
				  incinerator burning hazardous waste F020, F021, F022, F023, F026, or F027 must
				  achieve a destruction and removal efficiency (DRE) of 99.9999 percent for each
				  principal organic hazardous constituent (POHC) designated (under LAC 33:V.3109)
				  in its permit. This performance must be demonstrated on POHCs that are more
				  difficult to incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins
				  and dibenzofurans. DRE is determined for each POHC from the equation in
				  Paragraph A.1 of this Section.
3.
				  An incinerator burning hazardous waste and producing stack emissions of more
				  than 1.8 kilograms per hour (4 pounds per hour) of hydrogen chloride (HCl) must
				  control HCl emissions such that the rate of emission is no greater than the
				  larger of either 1.8 kilograms per hour or 1 percent of the HCl in the stack
				  gas prior to entering any pollution control equipment.
4. An incinerator burning hazardous waste
				  must not emit particulate matter in excess of 180 milligrams per dry standard
				  cubic meter (0.08 grains per dry standard cubic foot) when corrected for the
				  amount of oxygen in the stack gas according to the following formula. This
				  correction procedure is to be used by all hazardous waste incinerators except
				  those operating under conditions of oxygen enrichment. For these facilities,
				  the administrative authority will select an appropriate correction procedure,
				  to be specified in the facility permit.
Click Here To View
					 Image
where:
Pc  = corrected concentration of
					 particulate matter
Pm = measured concentration of
					 particulate matter
Y = measured concentration of oxygen in the stack gas,
					 using the Orsat method for oxygen analysis of dry flue gas, presented in  40 CFR
					 Part 60, Appendix A, incorporated by reference in LAC 33:III.3003
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 31 - Incinerators › Section V-3113 - Hazardous Waste Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  owner or operator of a hazardous waste incinerator may burn only hazardous
				  wastes specified in his permit and only under operating conditions specified in
				  LAC 33:V.3117 except:
1. in approved trial
				  burns as specified in LAC 33:V.3115; or
2. under exemptions stated in LAC
				  33:V.3105.B.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 31 - Incinerators › Section V-3115 - Incinerator Permits for New or Modified Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Conditions. For the purposes of
				  determining operational readiness following completion of physical
				  construction, the administrative authority must establish permit conditions,
				  including but not limited to allowable waste feeds and operating conditions, in
				  the permit to a new hazardous waste incinerator. These permit conditions will
				  be effective for the minimum time required to bring the incinerator to a point
				  of operation readiness sufficient to conduct a trial burn, not to exceed 720
				  hours operating time for treatment of hazardous waste. The administrative
				  authority may extend the duration of this operational period once, for up to
				  720 additional hours, at the request of the applicant when good cause is shown.
				  The permit may be modified to reflect the extension according to LAC 33:V.321.
1. Applicants must submit a statement in the
				  permit application which suggests the conditions necessary to operate in
				  compliance with the performance standard of LAC 33:V.3111 during this period.
				  This statement should include, at a minimum, restrictions on waste
				  constituents, waste feed rates, and the operating parameters identified in LAC
				  33:V.3117.
2. The administrative
				  authority will review this statement and any other relevant information
				  submitted with the permit application and specify requirements for this period
				  sufficient to meet the performance standards of LAC 33:V.3111 based on his
				  engineering judgment.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 31 - Incinerators › Section V-3117 - Operating Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  incinerator must be operated in accordance with operating requirements
				  specified in the permit. These will be specified on a case-by-case basis as
				  those demonstrated (in a trial burn or in alternative data as specified in LAC
				  33:V.3115 and included with a facility's permit application) to be sufficient
				  to comply with the performance standards of LAC 33:V.3111.
B. Each set of operating requirements will
				  specify the composition of the waste feed (including acceptable variations in
				  the physical or chemical properties of the waste feed which will not affect
				  compliance with the performance requirement of LAC 33:V.3111) to which the
				  operating requirements apply. For each such waste feed, the permit will specify
				  acceptable operating limits including the following conditions:
1. carbon monoxide (CO) level in the stack
				  exhaust gas;
2. waste feed
				  rate;
3. combustion
				  temperature;
4. an appropriate
				  indicator or combustion gas velocity;
5. allowable variations in incinerator system
				  design or operating procedures; and
6. such other operating requirements as are
				  necessary to ensure that the performance standards of LAC 33:V.3111 are
				  met.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 31 - Incinerators › Section V-3119 - Monitoring and Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  owner or operator must monitor, as a minimum, the following while incinerating
				  hazardous waste:
1. combustion temperature,
				  waste feed rate, and the indicator of combustion gas velocity specified in the
				  facility permit must be monitored on a continuous basis;
2. CO must be monitored on a continuous basis
				  at a point in the incinerator downstream of the combustion zone and prior to
				  release to the atmosphere; and
3.
				  upon request by the administrative authority, sampling and analysis of the
				  waste and exhaust emissions must be conducted to verify that the operating
				  requirements established in the permit achieve the performance standards of LAC
				  33:V.3111.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 31 - Incinerators › Section V-3121 - Closure

Current through Register Vol. 50, No. 6, June 20, 2024
A. At closure the
				  owner or operator must remove all hazardous waste and hazardous waste residues
				  (including, but not limited to, ash, scrubber waters, and scrubber sludges)
				  from the incinerator site. At closure, as throughout the operating period,
				  unless the owner or operator can demonstrate, in accordance with LAC
				  33:V.109.Hazardous Waste.6, that the residue removed from the incinerator is
				  not a hazardous waste, the owner or operator becomes a generator of hazardous
				  waste and must manage it in accordance with applicable requirements of LAC
				  33:V.Chapters 10-43.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2180 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 32 - Miscellaneous Units › Section V-3201 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The requirements
				  in this Chapter apply to owners and operators of facilities that treat, store,
				  or dispose of hazardous waste in miscellaneous units, except as LAC 33:V.1501
				  provides otherwise.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2180 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 32 - Miscellaneous Units › Section V-3203 - Environmental Performance Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A miscellaneous unit must be located, designed,
					 constructed, operated, maintained, and closed in a manner that will ensure
					 protection of human health and the environment. Permits for miscellaneous units
					 are to contain such terms and provisions as necessary to protect human health
					 and the environment, including, but not limited to, as appropriate, design and
					 operating requirements, detection and monitoring requirements, and requirements
					 for responses to releases of hazardous waste or hazardous constituents from the
					 unit. Permit terms and provisions shall include those requirements of LAC
					 33:V.Chapters 3, 5, 7, 17, 19, 21, 23, 25, 27, 29, 31, 4301.G, I, 4302, 4303
					 and 4305, all other applicable requirements of LAC 33:V.Subpart 1, and of  40
					 CFR 63  subpart EEE and  40 CFR 146  that are appropriate for the miscellaneous
					 unit being permitted. Protection of human health and the environment includes,
					 but is not limited to:
A. prevention
				  of any releases that may have adverse effects on human health or the
				  environment due to migration of waste constituents in the groundwater or
				  subsurface environment, considering:
1. the
				  volume and physical and chemical characteristics of the waste in the unit,
				  including its potential for migration through soil, liners, or other containing
				  structures;
2. the hydrologic and
				  geologic characteristics of the unit and the surrounding area;
3. the existing quality of groundwater,
				  including other sources of contamination and their cumulative impact on the
				  groundwater;
4. the quantity and
				  direction of groundwater flow;
5.
				  the proximity to and withdrawal rates of current and potential groundwater
				  users;
6. the patterns of land use
				  in the region;
7. the potential for
				  deposition or migration of waste constituents into subsurface physical
				  structures, and into the root zone of food-chain crops and other
				  vegetation;
8. the potential for
				  health risks caused by human exposure to waste constituents; and
9. the potential for damage to domestic
				  animals, wildlife, crops, vegetation, and physical structures caused by
				  exposure to waste constituents;
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 32 - Miscellaneous Units › Section V-3205 - Monitoring, Analysis, Inspection, Response, Reporting, and Corrective Action

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Monitoring, testing, analytical data, inspections, response, and reporting
				  procedures and frequencies must ensure compliance with LAC 33:V.1509, 1511.D,
				  1516.D, 1529.D-E, 3203, and 3322, as well as meet any additional requirements
				  needed to protect human health and the environment as specified in the
				  permit.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2180 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 32 - Miscellaneous Units › Section V-3207 - Closure and Post-Closure Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. A miscellaneous unit that is a disposal
				  unit must be maintained in a manner that complies with LAC 33:V.3203 during the
				  post-closure care period. In addition, if a treatment or storage unit has
				  contaminated soils or groundwater that cannot be completely removed or
				  decontaminated during closure, then that unit must also meet the requirements
				  of LAC 33:V.3203 during post-closure care. The post-closure plan under LAC
				  33:V.3523 must specify the procedures that will be used to satisfy this
				  requirement.
B. For a miscellaneous
				  unit that is not a disposal unit, at closure the owner or operator must remove
				  or decontaminate all waste residues, contaminated system components (liners,
				  etc.), contaminated subsoils, structures, and equipment contaminated with waste
				  and leachate and manage them as hazardous waste unless LAC
				  33:V.109.
Hazardous Waste
.5 applies. The closure plan, closure
				  activities, cost estimates for closure, and financial responsibility for
				  miscellaneous units must meet all of the requirements specified in LAC
				  33:V.Chapters 35 and 37.
C. If,
				  after removing or decontaminating all residues and making all reasonable
				  efforts to effect removal or decontamination of contaminated components,
				  subsoils, structures, and equipment as required in Subsection B of this
				  Section, the owner or operator finds that not all contaminated subsoils can be
				  practicably removed or decontaminated, he must either:
1. close the facility and perform
				  post-closure care in accordance with the closure and post-closure requirements
				  that apply to landfills (LAC 33:V.2521); in addition, for the purposes of
				  closure, post-closure, and financial responsibility, such a miscellaneous unit
				  is then considered to be a landfill and the owner or operator must meet all of
				  the requirements for landfills specified in LAC 33:V.Chapters 35 and 37;
				  or
2. perform a risk assessment to
				  demonstrate that closure with the remaining contaminant levels is protective of
				  human health and the environment in accordance with LAC 33:I.Chapter 13. Any
				  such risk assessment is subject to approval by the administrative authority and
				  must demonstrate that post-closure care is not necessary to adequately protect
				  human health and the environment.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 33 - Groundwater Protection › Section V-3303 - Required Programs

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Owners and operators subject to this Chapter must conduct a monitoring and
				  response program as follows.
1. Whenever
				  hazardous constituents under LAC 33:V.3307 from a regulated unit are detected
				  at the compliance point under LAC 33:V.3311, the owner or operator must
				  institute a compliance monitoring program under LAC 33:V.3319.
Detected
is defined as statistically significant evidence of
				  contamination as described in LAC 33:V.3317.F.
2. Whenever the groundwater protection
				  standard under LAC 33:V.3305 is exceeded, the owner or operator must institute
				  a corrective action program under LAC 33:V.3321.
Exceeded
is
				  defined as statistically significant evidence of increased contamination as
				  described in LAC 33:V.3319.D.
3.
				  Whenever hazardous constituents under LAC 33:V.3307 from a regulated unit
				  exceed concentration limits under LAC 33:V.3309 in groundwater between the
				  compliance point under LAC 33:V.3311 and the downgradient facility property
				  boundary, the owner or operator must institute a corrective action program
				  under LAC 33:V.3321.
4. In all
				  other cases, the owner or operator must institute a detection monitoring
				  program under LAC 33:V.3317.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 33 - Groundwater Protection › Section V-3305 - Groundwater Protection Standard

Current through Register Vol. 50, No. 6, June 20, 2024
A. The owner or operator must comply with
				  conditions specified in the facility permit that are designed to ensure that
				  hazardous constituents under LAC 33:V.3307 detected (as defined in LAC
				  33:V.3303.A.1) in the groundwater from a regulated unit do not exceed the
				  concentration limits under LAC 33:V.3309 in the uppermost aquifer underlying
				  the waste management area beyond the point of compliance under LAC 33:V.3311
				  during the compliance period under LAC 33:V.3313. The administrative authority
				  will establish this groundwater protection standard in the facility permit when
				  hazardous constituents have been detected (as defined in LAC 33:V.3303.A.1) in
				  the groundwater.
B. The groundwater
				  monitoring system shall consist of necessary wells, at least one hydraulically
				  upgradient, to monitor groundwater moving toward the facility, and all the
				  necessary number of wells downgradient to monitor groundwater leaving the
				  facility. The wells shall be located to intercept contamination at the earliest
				  possible occurrence. Well locations and completion depths must be selected to
				  assure that all probable contaminant flow-paths are monitored. The wells shall
				  be cased, and the casings shall be adequately sealed so that contaminants
				  cannot be introduced from the surface or from one aquifer to another within the
				  well bore, and so that only one water bearing sand is sampled per well. The
				  entire groundwater monitoring system must be approved by the administrative
				  authority.
C. The owner or operator
				  of the facility shall develop and adhere to a groundwater sampling and analysis
				  plan, and shall immediately advise the department when significant changes in
				  groundwater quality are determined and verified.
D. Leachate
1. The leachate monitoring system shall
				  contain a method and device to secure samples, and determine leakage at two
				  locations in each unit where the system is required as follows:
a. at the low point inside the barrier
				  (liner) encased in sand, or other porous material, ensuring that leachate from
				  all contents will percolate to the low point. Provision for pumping out all
				  leachate which gathers inside this barrier shall be made; and
b. at a low point under the barrier (liner)
				  and encased in a porous layer over a dense (at least 3 feet of clay at 1 x
				  10-7 cm/sec) underlayment, or natural soil, to
				  verify the integrity of the liner.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 33 - Groundwater Protection › Section V-3307 - Hazardous Constituents

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  administrative authority will specify in the facility permit the hazardous
				  constituents to which the groundwater protection standard of LAC 33:V.3305
				  applies. Hazardous constituents are constituents identified in LAC 33:V.3105,
				  Table 1 that have been detected in groundwater in the uppermost aquifer
				  underlying a regulated unit, and that are reasonably expected to be in or
				  derived from waste contained in a regulated unit, unless the administrative
				  authority has excluded them under LAC 33:V.3307.B.
B. The administrative authority upon
				  sufficient demonstration by the permittee may exclude any LAC 33:V.3105, Table
				  1 constituents from the list of hazardous constituents specified in the
				  facility permit if he finds that these constituents are not capable of posing a
				  substantial present or potential hazard to human health or the environment. In
				  deciding whether to grant an exemption, the administrative authority will
				  consider the following:
1. potential adverse
				  effects on groundwater quality, considering:
a. the physical and chemical characteristics
				  of the waste in the regulated unit, including its potential for
				  migration;
b. the hydrogeological
				  characteristics of the facility and surrounding land;
c. the quantity of groundwater and the
				  direction of groundwater flow;
d.
				  the proximity and withdrawal rates of groundwater users;
e. the current and future uses of groundwater
				  in the area;
f. the existing
				  quality of groundwater including other sources of contamination, and their
				  cumulative impact on the groundwater quality;
g. the potential for health risks caused by
				  human exposure to waste constituents;
h. the potential damage to wildlife, crops,
				  vegetation, and physical structures caused by exposure to waste constituents;
				  and
i. the persistence and
				  permanence of the potential adverse effects; and
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 33 - Groundwater Protection › Section V-3309 - Concentration Limits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  administrative authority will specify in the facility permit concentration
				  limits in the groundwater for hazardous constituents established under LAC
				  33:V.3307. The concentration of a hazardous constituent:
1. must not exceed the background level of
				  that constituent in the groundwater at the time that limit is specified in the
				  permit; or
2. for any of the
				  constituents listed in Table 1 of this Section, must not exceed the respective
				  value given in that table if the background level of the constituent is below
				  the value given; or
3. must not
				  exceed an alternative limit established by the administrative authority under
				  Subsection B of this Section.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 33 - Groundwater Protection › Section V-3311 - Point of Compliance

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  administrative authority will specify in the facility permit the point of
				  compliance at which the groundwater protection standard of LAC 33:V.3305.A
				  applies and at which monitoring must be conducted. The point of compliance is a
				  vertical surface located at the hydraulically downgradient limit of the waste
				  management area or the delineated zone of contamination that extends down into
				  the uppermost aquifer underlying the regulated units or the delineated zone of
				  contamination.
B. The waste
				  management area is the limit projected in the horizontal plane of the area on
				  which waste will be placed during the active life of a regulated unit.
1. The waste management area includes
				  horizontal space taken up by any liner, dike, or other barrier designed to
				  contain waste in a regulated unit.
2. If the facility contains more than one
				  regulated unit, the waste management area is described by an imaginary line
				  circumscribing the several regulated units.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 33 - Groundwater Protection › Section V-3313 - Compliance Period

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  administrative authority will specify in the facility permit the compliance
				  period during which the groundwater protection standard of LAC 33:V.3305
				  applies. The compliance period is the number of years equal to the active life
				  of the waste management area (including any waste management activity prior to
				  permitting, and the closure period).
B. The compliance period begins when the
				  owner or operator initiates a compliance monitoring program meeting the
				  requirements of LAC 33:V.3319.
C.
				  If the owner or operator is engaged in a corrective action program at the end
				  of the compliance period specified in Subsection A of this Section, the
				  compliance period is extended until the owner or operator can demonstrate that
				  the groundwater protection standard of LAC 33:V.3305 has not been exceeded for
				  a period of three consecutive years.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2180 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 33 - Groundwater Protection › Section V-3315 - General Groundwater Monitoring Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
The owner or operator must comply with the following
					 requirements for any groundwater monitoring program developed to satisfy LAC
					 33:V.3317, 3319, or 3321.
A. The
				  groundwater monitoring system must consist of a sufficient number of wells,
				  installed at appropriate locations and depths, to yield groundwater samples
				  from the uppermost aquifer that fulfill the following requirements.
1. The samples must represent the quality of
				  background groundwater that has not been affected by leakage from a regulated
				  unit. A determination of background groundwater quality may include sampling of
				  wells that are not hydraulically upgradient of the waste management area where:
a. hydrogeologic conditions do not allow the
				  owner or operator to determine which wells are hydraulically upgradient;
				  and
b. sampling at other wells will
				  provide an indication of background groundwater quality that is representative
				  or more representative than that provided by the upgradient wells.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 33 - Groundwater Protection › Section V-3317 - Detection Monitoring Program

Current through Register Vol. 50, No. 6, June 20, 2024
An owner or operator required to establish a detection
					 monitoring program under this Subpart must, at a minimum, discharge the
					 following responsibilities.
A. The
				  owner or operator must monitor for indicator parameters (e.g., specific
				  conductance, total organic carbon, or total organic halogen), waste
				  constituents, or reaction products that provide a reliable indication of the
				  presence of hazardous constituents in groundwater. The authority will specify
				  the parameters or constituents to be monitored in the facility permit, after
				  considering the following factors:
1. the
				  types, quantities, and concentrations of constituents in wastes managed at the
				  regulated unit;
2. the mobility,
				  stability, and persistence of waste constituents or their reaction products in
				  the unsaturated zone beneath the waste management area;
3. the detectability of indicator parameters,
				  waste constituents, and reaction products in groundwater; and
4. the concentrations or values, and
				  coefficients of variation of proposed monitoring parameters or constituents in
				  the groundwater background.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 33 - Groundwater Protection › Section V-3319 - Compliance Monitoring Program

Current through Register Vol. 50, No. 6, June 20, 2024
An owner or operator required to establish a compliance
					 monitoring program under this Chapter must, at a minimum, discharge the
					 following responsibilities.
A. The
				  owner or operator must monitor the groundwater to determine whether regulated
				  units are in compliance with the groundwater protection standard under LAC
				  33:V.3305. The administrative authority will specify the groundwater protection
				  standard in the facility permit, including:
1. a list of the hazardous constituents
				  identified under LAC 33:V.3307;
2.
				  concentration limits under LAC 33:V.3309 for each of those hazardous
				  constituents;
3. the compliance
				  point under LAC 33:V.3311; and
4.
				  the compliance period under LAC 33:V.3313.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 33 - Groundwater Protection › Section V-3321 - Corrective Action Program

Current through Register Vol. 50, No. 6, June 20, 2024
An owner or operator required to establish a corrective
					 action program under this Subpart must, at a minimum, discharge the following
					 responsibilities:
A. the owner or
				  operator must take corrective action to ensure that regulated units are in
				  compliance with the groundwater protection standard under LAC 33:V.3305. The
				  administrative authority will specify the groundwater protection standard in
				  the facility permit, including:
1. a list of
				  the hazardous constituents identified under LAC 33:V.3307;
2. concentration limits under LAC 33:V.3309
				  for each of those hazardous constituents;
3. the compliance point under LAC 33:V.3311;
				  and
4. the compliance period under
				  LAC 33:V.3313;
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 33 - Groundwater Protection › Section V-3322 - Corrective Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  owner or operator of a facility seeking a permit for the treatment, storage, or
				  disposal of hazardous waste must institute corrective action as necessary to
				  protect human health and the environment for all releases of hazardous waste or
				  constituents from any solid waste management unit at the facility, regardless
				  of the time at which waste was placed in such unit.
B. Corrective action will be specified in the
				  permit in accordance with LAC 33:V.2601 and 3322. The permit will contain
				  schedules of compliance for such corrective action (where such corrective
				  action cannot be completed prior to issuance of the permit) and assurances of
				  financial responsibility for completing such corrective action.
C. The owner or operator must implement
				  corrective actions beyond the facility property boundary, where necessary to
				  protect human health and the environment, unless the owner or operator
				  demonstrates to the satisfaction of the administrative authority that, despite
				  the owner's or operator's best efforts, the owner or operator was unable to
				  obtain the necessary permission to undertake such actions. The owner or
				  operator is not relieved of all responsibility to clean up a release that has
				  migrated beyond the facility boundary where off-site access is denied. On-site
				  measures to address such releases will be determined on a case-by-case basis.
				  Assurances of financial responsibility for such corrective action must be
				  provided.
D. Any
				  risk-assessment-based corrective action must be protective of human health and
				  the environment in accordance with LAC 33:I.Chapter 13.
E. This Section does not apply to remediation
				  waste management sites unless they are part of a facility subject to a permit
				  for treating, storing, or disposing of hazardous wastes that are not
				  remediation wastes.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2180 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 33 - Groundwater Protection › Section V-3323 - Monitoring Well Abandonment and Sealing of Bore Holes

Current through Register Vol. 50, No. 6, June 20, 2024
An owner or operator shall provide for the sealing of any
					 vertical migration path resulting from exploratory boring and/or monitoring
					 programs.
A. Any boring made in
				  evaluating a site, monitoring, or other purpose related to the hazardous waste
				  site shall be completely filled with cement-bentonite, or other equivalent
				  technology approved by the administrative authority. The hole shall be left
				  open only as necessary to obtain core samples, water samples and establish the
				  initial water level. If subsequent samples or water level readings are to be
				  taken, the hole shall be completed as a well with suitable casing and sealing
				  of the annulus between the hole and the casing.
B. When a monitoring well is to be abandoned,
				  the owner or operator shall obtain approval for such abandonment. A request
				  shall be made to the administrative authority, including the following
				  information:
1. name and address of the
				  facility;
2. well identification
				  and exact location;
3. well
				  construction data, including:
a. well depth
				  and intermediate stratification;
b.
				  screen length and material;
c.
				  casing size and material;
d.
				  sealing of the annulus; and
e.
				  other pertinent data;
4.
				  reason for abandonment; and
5.
				  proposed abandonment method, including sealing method and material
				  proposed.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Section V-3501 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Closure and
				  post-closure procedures ensure protection of the public and ecology against
				  leakage of hazardous wastes to the environment from closed facilities which
				  formerly stored, treated, and/or disposed of such wastes.
B. Except as LAC 33:V.1501 provides
				  otherwise, LAC 33:V.3503-3517 (which concern closure) apply to all hazardous
				  waste facilities in operation or under construction as of the effective date of
				  LAC 33:V.Subpart 1 and to all hazardous waste facilities permitted under LAC
				  33:V.Subpart 1, as applicable.
C.
				  LAC 33:V.3519, 3521, 3523, 3525 and 3527 (post-closure care) apply to the
				  owners and operators of:
1. all hazardous
				  waste disposal facilities;
2. waste
				  piles, surface impoundments, or any facility from which the owner or operator
				  intends to remove waste at closure, to the extent that these sections are made
				  applicable to such facilities in LAC 33:V.2315 and 2911;
3. tank systems that are required under LAC
				  33:V.1915 to meet the requirements for landfills; and
4. containment buildings that are required
				  under LAC 33:V.1803 to meet the requirements for landfills.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Section V-3503 - Notification of Intention to Close a Facility

Current through Register Vol. 50, No. 6, June 20, 2024
A. At least 180 days prior to closure, the
				  operator must notify the Office of Environmental Services of intention to close
				  and supply the following information:
1. date
				  of planned closure;
2. requested
				  changes, if any, in the closure plan submitted with the permit application,
				  which take advantage of new technology, unforeseen situations, and other
				  requests which improve the safety of the closed facility;
3. closure schedule and estimated costs of
				  each phase of the closure plan; and
4. request for release of closure funds in
				  amounts and times as required by the closure schedules.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Subchapter A - Closure Requirements › Section V-3505 - Closure Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. If
					 closure methods are unchanged from the plan approved with the permit, the
					 administrative authority will acknowledge receipt of the notification to close
					 and prepare appropriate documents which will be executed upon completion and
					 acceptance of each phase of the closure plan so that funds can be
					 released.
B. If the request is made
					 to change the closure plan, the operator will submit revisions to the plan to
					 the Office of Environmental Services, supported by necessary scientific and
					 engineering data to permit evaluation by the department, and the procedures
					 established in permit process will be followed in evaluating and approving the
					 requested changes.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Subchapter A - Closure Requirements › Section V-3507 - Closure Performance Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with LAC 33:V.3509, the
					 owner or operator must close his facility in a manner that:
1. minimizes the need for further
					 maintenance; and
2. controls,
					 minimizes, or eliminates, to the extent necessary to prevent threats to human
					 health and the environment, post-closure escape of hazardous waste, hazardous
					 waste constituents, leachate, contaminated rainfall, or waste decomposition
					 products to the groundwater, surface waters, or to the atmosphere;
					 and
3. complies with closure
					 requirements of this Chapter, including, but not limited to, the requirements
					 of LAC 33:V.1803, 1911, 1915, 2117, 2315, 2521, 2719, 2911, 3121, and
					 3203-3207.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Subchapter A - Closure Requirements › Section V-3509 - Closure Financial Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The operator shall submit, with the permit
					 application, a closure plan which provides the estimated cost of closure, and
					 post-closure monitoring including long-term monitoring devices, and the number
					 of years of estimated operation before closure, and which is designed to
					 minimize the need for future maintenance and to ensure against leakage or
					 escape of hazardous waste.
B. The
					 operator shall create a "closure fund" under the requirements in LAC
					 33:V.Chapters 35 and 37.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Subchapter A - Closure Requirements › Section V-3511 - Closure Plan; Amendment of Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. Written Plan
1. The owner or operator of a hazardous waste
					 management facility must have a written closure plan. In addition, certain
					 surface impoundments and waste piles from which the owner or operator intends
					 to remove or decontaminate the hazardous waste at partial or final closure are
					 required by LAC 33:V.2911.D and 2315.C to have contingent closure plans. The
					 plan must be submitted with the permit application, in accordance with LAC
					 33:V.517.M and approved by the administrative authority as part of the permit
					 issuance procedures under LAC 33:V.Chapters 3 and 7. In accordance with LAC
					 33:V.311, the approved closure plan will become a condition of any hazardous
					 waste permit.
2. The administrative
					 authority's approval of the plan must ensure that the approved closure plan is
					 consistent with LAC 33:V.3507, 3511-3517, and the applicable requirements of
					 LAC 33:V.Chapter 33, 1803, 1911, 1915, 2117, 2315, 2521, 2719, 2911, 3121, and
					 3203. Until final closure is completed and certified in accordance with LAC
					 33:V.3517, a copy of the approved plan and all approved revisions must be
					 furnished to the administrative authority upon request, including request by
					 mail.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Subchapter A - Closure Requirements › Section V-3513 - Closure; Time Allowed for Closure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 90 days after receiving the final
					 volume of hazardous wastes, or the final volume of non-hazardous wastes if the
					 owner or operator receives administrative authority allowance pursuant to LAC
					 33:V.3513.D and complies with all applicable requirements in LAC 33:V.3513.D
					 and E, at a hazardous waste management unit or facility, the owner or operator
					 must treat, remove from the facility or unit, or dispose of on-site, all
					 hazardous wastes in accordance with the approved closure plan. The
					 administrative authority may approve a longer period if the owner or operator
					 complies with all applicable requirements for requesting a modification to the
					 permit and demonstrates that:
1. the
					 activities required to comply with this Paragraph will, of necessity, take
					 longer than 90 days to complete, or
2. the hazardous waste management unit or
					 facility has the capacity to receive additional hazardous wastes, or has the
					 capacity to receive non-hazardous wastes if the owner or operator receives
					 administrative authority allowance pursuant to LAC 33:V.3513.D and complies
					 with LAC 33:V.3513.D and E, and there is a reasonable likelihood that he or
					 another person will recommence operation of the site, as provided in LAC
					 33:V.321; and
3. closure of the
					 facility would be incompatible with continued operation of the site;
					 and
4. the owner or operator has
					 taken and will continue to take all steps to prevent threats to human health
					 and the environment.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Subchapter A - Closure Requirements › Section V-3515 - Disposal or Decontamination of Equipment, Structures and Soils

Current through Register Vol. 50, No. 6, June 20, 2024
A. During the
					 partial and final closure periods, all contaminated equipment, structures, and
					 soils must be properly disposed of or decontaminated, unless otherwise
					 specified in LAC 33:V.1803, 1915, 2315, 2521, 2719, 2809, and 2911, or under
					 the authority of LAC 33:V.3203 and 3207. By removing any hazardous waste or
					 hazardous constituents during partial and final closure, the owner or operator
					 may become a generator of hazardous waste and must handle that waste in
					 accordance with all applicable requirements of LAC 33:V.Chapters 10 and
					 11.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 35 - Closure and Post-Closure › Subchapter A - Closure Requirements › Section V-3517 - Certification of Closure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Within 60 days of completion of closure of each hazardous waste surface
					 impoundment, waste pile, land treatment, and landfill unit, and within 60 days
					 of the completion of final closure, the owner or operator must submit to the
					 Office of Environmental Services, by registered mail, a certification that the
					 hazardous waste management unit or facility, as applicable, has been closed in
					 accordance with the specifications in the approved closure plan. The
					 certification must be signed by the owner or operator and by an independent,
					 qualified professional engineer. Documentation supporting the independent
					 professional engineer's certification must be furnished to the administrative
					 authority upon request until he releases the owner or operator from the
					 financial assurance requirements for closure under LAC 33:V.3707.
B. Survey Plat. No later than the submission
					 of the certification of closure of each hazardous waste disposal unit, the
					 owner or operator must submit to the local zoning authority, or the authority
					 with jurisdiction over local land use, and to the Office of Environmental
					 Services a survey plat indicating the location and dimensions of landfill cells
					 or other hazardous waste disposal units with respect to permanently surveyed
					 benchmarks. This plat must be prepared and certified by a professional land
					 surveyor. The plat filed with the local zoning authority, or the authority with
					 jurisdiction over local land use, must contain a note, prominently displayed,
					 that states the owner's or operator's obligation to restrict disturbance of the
					 hazardous waste disposal unit in accordance with the applicable regulations of
					 this Chapter.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.