Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 3 - General Conditions for Treatment, Storage, and Disposal Facility Permits › Section V-322 - Classification of Permit Modifications

Current through Register Vol. 50, No. 6, June 20, 2024
The following is a listing of classifications of permit
					 modifications made at the request of the permittee.
Modifications
Class
A. General Permit Provisions
1. Administrative and informational changes
1
2. Correction of typographical errors
1
3. Equipment replacement or upgrading with
								functionally equivalent components (e.g., pipes, valves, pumps, conveyors,
								controls)
1
4. Changes in the frequency of or procedures for
								monitoring, reporting, sampling, or maintenance activities by the permittee:
a. to provide for more frequent monitoring,
								reporting, sampling, or maintenance
1
b. other changes
2
5. Schedule of compliance:
a. changes in interim compliance dates, with prior
								approval of the administrative authority
11
b. extension of final compliance date
3
6. Changes in expiration date of permit to allow
								earlier permit termination, with prior approval of the administrative authority
11
7. Changes in ownership or operational control of
								a facility, provided the procedures of LAC 33:V.321.B.2 are followed
11
8. Changes to remove permit conditions applicable
								to a unit excluded under the provisions of LAC 33:V.105.D.1.x, LAC
								33:V.105.D.1.y, or LAC 33:V.105.D.1.z.
11
9. Changes in the expiration date of a permit
								issued to a facility at which all units are excluded under the provisions of
								LAC 33:V.105.D.1.x, LAC 33:V.105.D.1.y, or LAC 33:V.105.D.1.z.
11
B. General Facility Standards
1. Changes to waste sampling or analysis methods:
a. to conform with agency guidance or regulations
1
b. to incorporate changes associated with F039
								(multi-source leachate) sampling or analysis methods
11
c. to incorporate changes associated with
								underlying hazardous constituents in ignitable or corrosive wastes
11
d. other changes
2
2. Changes to analytical quality assurance/control
								plan:
a. to conform with agency guidance or regulations
1
b. other changes
2
3. Changes in procedures for maintaining the
								operating record
1
4. Changes in frequency or content of inspection
								schedules
2
5. Changes in the training plan:
a. that affect the type or decrease the amount of
								training given to employees
2
b. other changes
1
6. Contingency plan:
a. changes in emergency procedures (i.e., spill or
								release response procedures)
2
b. replacement with functionally equivalent
								equipment, upgrading, or relocation of emergency equipment listed
1
c. removal of equipment from emergency equipment
								list
2
d. changes in names, addresses, or phone numbers
								of coordinators or other persons or agencies identified in the plan
1
7. Construction quality assurance plan:
a. changes that the CQA officer certifies in the
								operating record will provide equivalent or better certainty that the unit
								components meet the design specifications
1
b. other changes
2
8. Changes to remove permit conditions that are no
								longer applicable (i.e., because the standards upon which they are based are no
								longer applicable to the facility).
11
NOTE: When a permit modification (such as
								introduction of a new unit) requires a change in facility plans or other
								general facility standards, that change shall be reviewed under the same
								procedures as the permit modification.
C. Groundwater Protection
1. Changes to wells:
a. changes in the number, location, depth, or
								design of upgradient or downgradient wells of a permitted groundwater
								monitoring system
2
b. replacement of an existing well that has been
								damaged or rendered inoperable, without change to location, design, or depth of
								the well
1
2. Changes in groundwater sampling or analysis
								procedures or monitoring schedule, with prior approval of the administrative
								authority
11
3. Changes in the statistical procedure for
								determining whether a statistically significant change in groundwater quality
								between the upgradient and downgradient wells has occurred, with prior approval
								of the administrative authority
11
4. Changes in point of compliance
2
5. Changes in indicator parameters, hazardous
								constituents, or concentration limits (including ACLs):
a. as specified in the groundwater protection
								standard
3
b. as specified in the detection monitoring
								program
2
6. Changes to a detection monitoring program as
								required by LAC 33:V.3317, unless otherwise specified in this Section
2
7. Compliance monitoring program:
a. addition of compliance monitoring program as
								required by LAC 33:V.3317 and 3319
3
b. changes to a compliance monitoring program as
								required by LAC 33:V.3319, unless otherwise specified in this Section
2
8. Corrective action program:
a. addition of a corrective action program as
								required by LAC 33:V.3319.I.2, 3321 and 3322
3
b. changes to a corrective action program as
								required by LAC 33:V.3321.H, unless otherwise specified in this Section
2
D. Closure
1. Changes to the closure plan:
a. changes in the estimate of the maximum extent
								of operations or maximum inventory of waste on-site at any time during the
								active life of the facility, with prior approval of the administrative
								authority
11
b. changes in the closure schedule for any unit,
								changes in the final closure schedule for the facility, or extension of the
								closure period, with prior approval of the administrative authority
11
c. changes in the expected year of final closure,
								where other permit conditions are not changed, with prior approval of the
								administrative authority
11
d. changes in procedures for decontamination of
								facility equipment or structures, with prior approval of the administrative
								authority
11
e. changes in the approved closure plan resulting
								from unexpected events occurring during partial or final closure, unless
								otherwise specified in this Section
2
f. extensions of the closure period to allow a
								landfill, surface impoundment, or land treatment unit to receive nonhazardous
								wastes after final receipt of hazardous wastes under LAC 33:V.3513.D and E
2
g. changes in the approved closure plan allowing
								alternative risk assessment based closure protective of human health and the
								environment in accordance with LAC 33:I.Chapter 13.
3
2. Creation of a new landfill unit as part of the
								closure
3
3. Addition of the following new units to be used
								temporarily for closure activities:
a. surface impoundments
3
b. incinerators
3
c. waste piles that do not comply with LAC
								33:V.2301.C
3
d. waste piles that comply with LAC 33:V.2301.C
2
e. tanks or containers (other than specified in
								LAC 33:V.322.D.3.f)
2
f. tanks used for neutralization, dewatering,
								phase separation, or component separation, with prior approval of the
								administrative authority
11
g. staging piles
2
E. Post-Closure
1. Changes in the name, address, or phone number
								of the contact for the post-closure plan
1
2. Extension of the post-closure care period
2
3. Reduction of the post-closure care period
3
4. Changes to the expected year of final closure,
								where other permit conditions are not changed
1
5. Changes in the post-closure plan necessitated
								by events occurring during the active life of the facility, including partial
								and final closure
2
F. Containers
1. Modification or addition of container units:
a. resulting in greater than 25 percent increase
								in the facility's container storage capacity, except as provided in LAC
								33:V.322.F.1.c and F.4.a below
3
b. resulting in up to 25 percent increase in the
								facility's container storage capacity, except as provided in LAC 33:V.322.F.1.c
								and F.4.a below
2
c. or treatment processes necessary to treat
								wastes that are prohibited from land disposal to meet some or all of the
								applicable treatment standards or to treat wastes to satisfy (in whole or in
								part) the standard of "use of practically available technology that yields the
								greatest environmental benefit'' contained in LAC 33:V.Chapter 22, with prior
								approval of the administrative authority. This modification may
11
also involve addition of new waste codes or
								narrative descriptions of wastes. It is not applicable to dioxin-containing
								wastes (F020, 021, 022, 023, 026, 027 and 028)
2. Other container modifications:
a. modification of a container unit without
								increasing the capacity of the unit
2
b. addition of a roof to a container unit without
								alteration of the containment system
1
3. Storage of different wastes in containers,
								except as provided in LAC 33:V.322.F.4:
a. that require additional or different management
								practices from those authorized in the permit
b. that do not require additional or different
								management practices from those authorized in the permit
2
NOTE: See LAC 33:V.321.C.7 for modification
								procedures to be used for the management of newly listed or identified wastes.
4. Storage or treatment of different wastes in
								containers:
a. that require addition of units or a change in
								treatment process or management standards, provided that the wastes are
								prohibited from land disposal and are to be treated to meet some or all of the
								applicable treatment standards, or that they are to be treated to satisfy (in
								whole or in part) the standard of "use of practically available technology that
								yields the greatest environmental benefit'' contained in LAC 33:V.Chapter 22.
								This modification is not applicable to dioxin-containing wastes (F020, 021,
								022, 023, 026, 027, and 028)
11
b. that do not require the addition of units or a
								change in the treatment process or management standards, and provided that the
								units have previously received wastes of the same type (e.g., incinerator
								scrubber water). This modification is not applicable to dioxin-containing
								wastes (F020, 021, 022, 023, 026, 027, and 028)
1
G. Tanks
1. Modification or addition of tank units:
a. modification or addition of tank units
								resulting in greater than 25 percent increase in the facility's tank capacity,
								except as provided in LAC 33:V.322.G.1.c, G.1.d, and G.1.e
3
b. modification or addition of tank units
								resulting in up to 25 percent increase in the facility's tank capacity, except
								as provided in LAC 33:V.322.G.1.d and G.1.e
2
c. addition of a new tank that will operate for
								more than 90 days using any of the following physical or chemical treatment
								technologies: neutralization, dewatering, phase separation, or component
								separation
2
d. after prior approval of the administrative
								authority, addition of a new tank that will operate for up to 90 days using any
								of the following physical or chemical treatment technologies: neutralization,
								dewatering, phase separation or component separation
11
e. modification or addition of tank units or
								treatment processes necessary to treat wastes that are prohibited from land
								disposal to meet some or all of the applicable treatment standards, or to treat
								wastes to satisfy (in whole or in part) the standard of "use of practically
								available technology that yields the greatest environmental benefit" contained
								in LAC 33:V.Chapter 22, with prior approval of the administrative authority.
								This modification may also involve addition of new waste codes. It is not
								applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028)
11
2. Modification of a tank unit or secondary
								containment system without increasing the capacity of the unit
2
3. Replacement of a tank with a tank that meets
								the same design standards and has a capacity within ± 10 percent of that of the
								replaced tank, provided that:
a. the capacity difference is not more than 1,500
								gallons
1
b. the facility's permitted tank capacity is not
								increased, and
1
c. the replacement tank meets the same conditions
								in the permit
1
4. Modification of a tank management practice
2
5. Management of different wastes in tanks:
a. that require additional or different management
								practices, tank design, different fire protection specifications, or a
								significantly different tank treatment process than that authorized in the
								permit, except as provided in LAC 33:V.322.G.5.c below
3
b. that do not require additional or different
								management practices or tank design, different fire protection specifications,
								or a significantly different tank treatment process than that authorized in the
								permit, except as provided in LAC 33:V.322.G.5.d
2
c. that require the addition of units or a change
								in treatment processes or management standards, provided that the wastes are
								prohibited from land disposal and are to be treated to meet some or all of the
								applicable treatment standards or that they are to be treated to satisfy (in
								whole or in part) the standard of "use of practically available technology that
								yields the greatest environmental benefit" contained in LAC 33:V.Chapter 22.
								The modification is not applicable to dioxin-containing wastes (F020, 021, 022,
								023, 026, 027, and 028)
11
d. that do not require the addition of units or a
								change in the treatment process or management standards and provided that the
								units have previously received wastes of the same type (e.g., incinerator
								scrubber water). This modification is not applicable to dioxin-containing
								wastes (F020, 021, 022, 023, 026, 027 and 028)
1
NOTE: See LAC 33:V.321.C.7 for modification
								procedures to be used for the management of newly listed or identified wastes.
H. Surface Impoundments
1. Modification or addition of surface impoundment
								units that results in increasing the facility's surface impoundment storage or
								treatment capacity
3
2. Replacement of a surface impoundment unit
3
3. Modification of a surface impoundment unit
								without increasing the facility's surface impoundment storage or treatment
								capacity and
2
without modifying the unit's liner, leak detection
								system, or leachate collection system
4. Modification of a surface impoundment
								management practice
2
5. Treatment, storage, or disposal of different
								wastes in surface impoundments:
a. that require additional or different management
								practices or different design of the liner or leak detection system than is
								authorized in the permit
3
b. that do not require additional or different
								management practices or different design of the liner or leak detection system
								than is authorized in the permit
2
c. that are wastes prohibited from land disposal
								that meet the applicable treatment standards or that are treated to satisfy the
								standard of "use of practically available technology that yields the greatest
								environmental benefit" contained in LAC 33:V.Chapter 22, and provided that the
								unit meets the minimum technological requirements stated in LAC 33:V.2239. This
								modification is not applicable to dioxin-containing wastes (F020, 021, 022,
								023, 026, 027, and 028)
1
d. that are residues from wastewater treatment or
								incineration, provided that disposal occurs in a unit that meets the minimum
								technological requirements stated in LAC 33:V.2239, and provided further that
								the surface impoundment has previously received wastes of the same type (for
								example, incinerator scrubber water). This modification is not applicable to
								dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028)
1
6. Modifications of unconstructed units to comply
								with LAC 33:V.2903.J, 2904, 2906, and 2907.E
11
7. Changes in response action plan:
a. increase in action leakage rate
3
b. change in a specific response reducing its
								frequency or effectiveness
3
c. other changes
2
NOTE: See LAC 33:V.321.C.7 for modification
								procedures to be used for the management of newly listed or identified wastes.
I. Enclosed Waste Piles. For all waste piles
								except those complying with LAC 33:V.2301.C, modifications are treated the same
								as for a landfill. The following modifications are applicable only to waste
								piles complying with LAC 33:V.2301.C
1. Modification or addition of waste pile units:
a. resulting in greater than 25 percent increase
								in the facility's waste pile storage or treatment capacity
3
b. resulting in up to 25 percent increase in the
								facility's waste pile storage or treatment capacity
2
2. Modification of waste pile unit without
								increasing the capacity of the unit
2
3. Replacement of a waste pile unit with another
								waste pile unit of the same design and capacity that meets all waste pile
								conditions in the permit
1
4. Modification of a waste pile management
								practice
2
5. Storage or treatment of different wastes in
								waste piles:
a. that require additional or different management
								practices, different design of the unit
3
b. that do not require additional or different
								management practices, different design of the unit
2
6. Conversion of an enclosed waste pile to a
								containment building unit
2
NOTE: See LAC 33:V.321.C.7 for modification
								procedures to be used for the management of newly listed or identified wastes.
J. Landfills and Unenclosed Waste Piles
1. Modification or addition of landfill units that
								results in increasing the facility's disposal capacity
3
2. Replacement of a landfill
3
3. Addition or modification of a liner, leachate
								collection system, leachate detection system, run-off control, or final cover
								system
3
4. Modification of a landfill unit without
								changing a liner, leachate collection system, leachate detection system,
								run-off control, or final cover system
2
5. Modification of a landfill management practice
2
6. Landfill different wastes:
a. that require additional or different management
								practices, different design of the liner, leachate collection system, or
								leachate detection system
3
b. that do not require additional or different
								management practices, different design of the liner, leachate collection
								system, or leachate detection system
2
c. that are wastes prohibited from land disposal
								that meet the applicable treatment standards or that are treated to satisfy the
								standard of "use of practically available technology
1
that yields the greatest environmental benefit"
								contained in LAC 33:V.Chapter 22, and provided that the landfill unit meets the
								minimum technological requirements stated in LAC 33:V.2239. This modification
								is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027,
								and 028)
d. that are residues from the wastewater treatment
								or incineration, provided that disposal occurs in a landfill unit that meets
								the minimum technological requirements stated in LAC 33:V.2239, and provided
								further that the landfill has previously received wastes of the same type (for
								example, incinerator ash). This modification is not applicable to
								dioxin-containing wastes (F020, 021, 022, 023, 026, 027 and 028)
1
7. Modifications of unconstructed units to comply
								with LAC 33:V.2303.C, 2304, 2306, 2309.C, 2503.L, 2504, 2507.D, and 2508.
11
8. Changes in response action plan:
a. increase in action leakage rate
3
b. change in a specific response reducing its
								frequency or effectiveness
3
c. other changes
2
NOTE: See LAC 33:V.321.C.7 for modification
								procedures to be used for the management of newly listed or identified wastes.
K. Land Treatment
1. Lateral expansion of or other modification of a
								land treatment unit to increase areal extent
3
2. Modification of a run-on control system
2
3. Modification of a run-off control system
3
4. Other modifications of land treatment unit
								component specifications or standards required in the permit
2
5. Management of different wastes in land
								treatment units:
a. that require a change in permit operating
								conditions or unit design specifications
3
b. that do not require a change in permit
								operating conditions or unit design specifications
2
NOTE: See LAC 33:V.321.C.7 for modification
								procedures to be used for the management of newly listed or identified wastes.
6. Modification of a land treatment unit
								management practice to:
a. increase the rate or change the method of waste
								application
3
b. decrease the rate of waste application
1
7. Modification of a land treatment unit
								management practice to change measures of pH or moisture content, or to enhance
								microbial or chemical reactions
2
8. Modification of a land treatment unit
								management practice to grow food chain crops, to add to or replace existing
								permitted crops with different food chain crops, or to modify operating plans
								or distribution of animal feeds resulting from such crops
3
9. Modification of operating practice due to
								detection of releases from the land treatment unit pursuant to LAC
								33:V.2711.G.2
3
10. Changes in the unsaturated zone monitoring
								system resulting in a change to the location, depth, or number of sampling
								points, or replacement of unsaturated zone monitoring devices or components of
								devices with devices or components that have specifications different from
								permit requirements
3
11. Changes in the unsaturated zone monitoring
								system that do not result in a change to the location, depth, or number of
								sampling points, or that replace unsaturated zone monitoring devices or
								components of devices with devices or components having specifications
								different from permit requirements
2
12. Changes in background values for hazardous
								constituents in soil and soil-pore liquid
2
13. Changes in sampling, analysis, or statistical
								procedure
2
14. Changes in the land treatment demonstration
								program prior to or during the demonstration
2
15. Changes in any condition specified in the
								permit for a land treatment unit to reflect results of the land treatment
								demonstration, provided performance standards are met, and the administrative
								authority's prior approval has been received
11
16. Changes to allow a second land treatment
								demonstration to be conducted when the results of the first demonstration have
								not shown the conditions under which the wastes can be treated completely,
								provided the conditions for the second
11
demonstration are substantially the same as the
								conditions for the first demonstration and have received the prior approval of
								the administrative authority
17. Changes to allow a second land treatment
								demonstration to be conducted when the results of the first demonstration have
								not shown the conditions under which the wastes can be treated completely,
								where the conditions for the second demonstration are not substantially the
								same as the conditions for the first demonstration
3
18. Changes in vegetative cover requirements for
								closure
2
L. Incinerators, Boilers, and Industrial Furnaces
1. Changes to increase by more than 25 percent any
								of the following limits authorized in the permit: a thermal feed rate limit a
								feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal feed
								rate limit, or an ash feed rate limit. The administrative authority will
								require a new trial burn to substantiate compliance with the regulatory
								performance standards unless this demonstration can be made through other means
3
2. Changes to increase by up to 25 percent any of
								the following limits authorized in the permit: a thermal feed rate limit, a
								feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal feed
								rate limit, or an ash feed rate limit. The administrative authority will
								require a new trial burn to substantiate compliance with the regulatory
								performance standards unless this demonstration can be made through other means
2
3. Modification of an incinerator, boiler, or
								industrial furnace unit by changing the internal size or geometry of the
								primary or secondary combustion units, by adding a primary or secondary
								combustion unit, by substantially changing the design of any component used to
								remove Hcl/Cl2, metals, or particulate from the
								combustion gases, or by changing other features of the incinerator, boiler, or
								industrial furnace that could affect its capability to meet the regulatory
								performance standards. The administrative authority will require a new trial
								burn to substantiate
3
compliance with the regulatory performance
								standards unless this demonstration can be made through other means
4. Modification of an incinerator, boiler, or
								industrial furnace unit in a manner that would not be likely to affect the
								capability of the unit to meet the regulatory performance standards but that
								would change the operating conditions or monitoring requirements specified in
								the permit. The administrative authority may require a new trial burn to
								demonstrate compliance with the regulatory performance standards
2
5. Operating requirements:
a. modification of the limits specified in the
								permit for minimum or maximum combustion gas temperature, minimum combustion
								gas residence time, or oxygen concentration in the secondary combustion
								chamber, flue gas carbon monoxide and hydrocarbon concentration, maximum
								temperature at the inlet to the particulate matter emission control system, or
								operating parameters for the air pollution control system. The administrative
								authority will require a new trial burn to substantiate compliance with the
								regulatory performance standards unless this demonstration can be made through
								other means
3
b. modification of any stack gas emission limits
								specified in the permit, or modification of any conditions in the permit
								concerning emergency shutdown or automatic waste feed cutoff procedures or
								controls
3
c. modification of any other operating condition
								or any inspection or recordkeeping requirement specified in the permit
2
6. Burning of different wastes:
a. if the waste contains a POHC that is more
								difficult to burn than authorized by the permit or if burning of the waste
								requires compliance with different regulatory performance standards than
								specified in the permit. The administrative authority will require a new trial
								burn to substantiate compliance with the regulatory performance standards
								unless this demonstration can be made through other means
3
b. if the waste does not contain a POHC that is
								more difficult to burn than authorized by the permit and if burning of the
								waste does not require compliance with different regulatory performance
								standards than specified in the permit
2
NOTE: See LAC 33:V.321.C.7 for modification
								procedures to be used for the management of newly listed or identified wastes.
7. Shakedown and trial burn:
a. modification of the trial burn plan or any of
								the permit conditions applicable during the shakedown period for determining
								operational readiness after construction, the trial burn period, or the period
								immediately following the trial burn
2
b. authorization of up to an additional 720 hours
								of waste burning during the shakedown period for determining operational
								readiness after construction, with the prior approval of the administrative
								authority
11
c. changes in the operating requirements set in
								the permit for conducting a trial burn, provided the change is minor and has
								received the prior approval of the administrative authority
11
d. changes in the ranges of the operating
								requirements set in the permit to reflect the results of the trial burn,
								provided the change is minor and has received the prior approval of the
								administrative authority
11
8. Substitution of an alternate type of
								nonhazardous waste fuel that is not specified in the permit
2
9. Technology changes needed to meet standards
								under  40 CFR Part 63  (Subpart EEE--National Emission Standards for Hazardous
								Air Pollutants From Hazardous Waste Combustors), provided the procedures of LAC
								33:V.321.C.10 are followed
1 1
10. Changes to RCRA permit provisions needed to
								support transition to  40 CFR Part 63, Subpart EEE, as incorporated by reference
								at LAC 33:III.5122, provided the procedures of LAC 33:V.321.C.11 are followed
11
M. Containment Buildings
1. Modification or addition of containment
								building units:
a. resulting in greater than a 25 percent increase
								in the facility's containment building storage or treatment capacity
3
b. resulting in up to a 25 percent increase in the
								facility's containment building storage or treatment capacity
2
2. Modification of containment building unit or
								secondary containment system without increasing the capacity of the unit
2
3. Replacement of a containment building with
								another containment building of the same design, having no increased capacity
								and that meets all containment building conditions in the permit
1
4. Modification of a containment building
								management practice
2
5. Storage or treatment of different wastes in a
								containment building:
a. in which those wastes require additional or
								different management practices
3
b. in which those wastes do not require additional
								or different management practices or different design of the unit
2
N. Corrective Action
1. Approval of a corrective action management unit
								in accordance with LAC 33:V.2601
3
2. Approval of a temporary unit or time extension
								for a temporary unit in accordance with LAC 33:V.2603
2
3. Approval of a staging pile or staging pile
								operating term extension in accordance with LAC 33:V.2605
2
O. Burden Reduction
1. Development of one contingency plan based on
								Integrated Contingency Plan Guidance pursuant to LAC 33:V.1513.B.2
1
2. Changes to recordkeeping and reporting
								requirements pursuant to LAC 33:V.1513.F.9, 1737.B.1, 1739.A.2, 1913.F,
								3111.A.2, 3321.G, and 3513.E.5
1
3. Changes to inspection frequency for tank
								systems pursuant to LAC 33:V.1911.B
1
4. Changes to detection and compliance monitoring
								program pursuant to LAC 33:V.3317.D, G.2, and G.3, and 3319.F and G
1
1 Class 1 modifications
								requiring prior administrative authority approval.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2180 et
					 seq.