Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 22 - Prohibitions on Land Disposal › Subchapter A - Land Disposal Restrictions › Section V-2239 - Procedures for Case-by-Case Extensions of an Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person who generates, treats, stores,
					 or disposes of a hazardous waste may submit an application to the Office of
					 Environmental Services for an extension of the effective date of any applicable
					 prohibition established under this Chapter. The applicant must provide the
					 following, and in each case the burden of proof will be on the applicant:
1. written evidence of a good-faith effort to
					 locate and contract with treatment, recovery, or disposal facilities nationwide
					 to manage his or her waste in accordance with the effective date of the
					 applicable prohibitions established under these regulations;
2. written evidence of a binding contractual
					 commitment to construct or otherwise provide alternative treatment, recovery
					 (e.g., recycling), or disposal capacity that meets the treatment standards
					 specified in LAC 33:V.Chapter 22.Subchapter A or, where treatment standards
					 have not been specified, evidence that such treatment, recovery, or disposal
					 capacity is protective of human health and the environment;
3. written evidence that due to circumstances
					 beyond the applicant's control, such alternative capacity cannot reasonably be
					 made available by the applicable effective date. This demonstration may include
					 a showing that the technical and practical difficulties associated with
					 providing the alternative capacity will result in the capacity not being
					 available by the applicable effective date;
4. written evidence that the capacity that
					 will be provided by the applicant will be sufficient to manage the entire
					 quantity of the waste that is the subject of the application;
5. a detailed schedule for obtaining required
					 operating and construction permits and an outline of how and when alternative
					 capacity will be available;
6.
					 written evidence of arrangements for adequate capacity to manage the subject
					 waste during an extension and documentation of the locations of all sites at
					 which the waste will be managed;
7.
					 documentation to demonstrate that any waste managed in a surface impoundment or
					 landfill during the extension period will meet the requirements of LAC
					 33:V.2239.I.2; and
8. documentation
					 that he or she has a program or plan in effect to reduce the volume and
					 toxicity of the waste he or she generates and that he or she has sought out the
					 best available technology to reduce the toxicity, corrosiveness, virulent, or
					 infectious character, or volume of the waste and that the waste cannot be
					 further reduced through production modifications, nor can the waste or specific
					 constituents of the waste be reclaimed or reused. The plan shall include:
a. a schedule of implementation and
					 anticipated reductions in quantity and toxicity;
b. a list of technical process reductions
					 considered and those rejected and the reasons for the rejections; and
c. an analysis of the impact of the reduction
					 program or plan on all operations of the facility affecting the environment,
					 including air and water discharges.