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 B - Hazardous Waste Injection Restrictions › Section V-2273 - Petition for Determinations Concerning No Alternatives to Land Disposal of a Prohibited Waste by Deep Well Injection

Current through Register Vol. 50, No. 6, June 20, 2024
A. To the extent that the administrative
					 authority has previously determined, through the issuance of an exemption under
					 LAC 33:V.2271 or otherwise under LAC 33:V.Chapter 22, that no economically and
					 environmentally reasonable alternatives to injection exist to the land disposal
					 of a particular hazardous waste by injection well(s), such determination shall
					 satisfy the requirement of and be deemed the determination by the
					 administrative authority for purposes of
					 R.S.
					 30:2193(G)(3). A formal
					 petition in accordance with Subsection C of this Section may, but need not, be
					 filed by the owner or operator of the injection well. The land disposal of the
					 hazardous waste subject to the exemption shall be deemed to be excluded from
					 the requirements of
					 R.S.
					 30:2193(A-F), LAC 33:V.2205-2271, and any
					 conditions of such exemption. The provisions set forth in Subsections D-L of
					 this Section shall be applicable to such determination.
B. This Section is intended to provide the
					 requirements to implement the exclusion provision set forth in
					 R.S.
					 30:2193(G)(1)-(3). The
					 implementation of this exclusion requires a determination from the
					 administrative authority that there are no economically reasonable and
					 environmentally sound alternatives to the land disposal of a hazardous waste by
					 injection well. The requirements of
					 R.S.
					 30:2193(A-F) and LAC 33:V.2205-2271 shall not
					 apply to the land disposal of a hazardous waste by injection well excluded
					 under
					 R.S.
					 30:2193(G)(1)-(3).
C. Any person seeking a determination of no
					 alternatives must submit a petition to the Office of Environmental Services
					 that does the following:
1. the petition must
					 show that such land disposal has been exempted by the United States
					 Environmental Protection Agency (EPA) from land disposal prohibitions contained
					 in the Resource Conservation and Recovery Act,
					 42 U.S.C.
					 6901 et seq.;
2. the petition must show that a permit has
					 been issued for such injection well or wells by the Louisiana Department of
					 Natural Resources, Office of Conservation, in accordance with Title 30.
					 Subtitle I. Chapter 1 of the Louisiana Revised Statutes of 1950 and the Safe
					 Drinking Water Act,
					 42 U.S.C.
					 300(f) et seq.;
3. the petition must show that for the
					 injected hazardous waste there are no economically reasonable and
					 environmentally sound alternatives to disposal into an injection well. The
					 petition submitted in accordance with this Subsection must include:
a . an analysis of alternatives considered
					 for technical feasibility;
b. an
					 analysis of technically feasible alternatives, if any, showing whether any are
					 economically reasonable;
c. an
					 assessment of the impact of those economically reasonable alternatives
					 considered, if any, on other environmental programs and permits of the
					 facility, including impacts on air and water discharges; and
d. where applicable and appropriate, a
					 description of the available capacity of economically reasonable and
					 environmentally sound alternative technologies; and
4. the petition must include:
a. a waste characterization that describes
					 the chemical and physical characteristics of the wastes being or to be
					 injected;
b. a copy of the decision
					 by the EPA exempting the land disposal from the prohibitions contained in the
					 Resource Conservation and Recovery Act,
					 42 U.S.C.
					 6901 et seq., if issued;
c. a copy of the permit issued for such
					 injection well or wells by the Louisiana Department of Natural Resources,
					 Office of Conservation, in accordance with Title 30. Subtitle I. Chapter 1 of
					 the Louisiana Revised Statutes of 1950 and the Safe Drinking Water Act,
					 42 U.S.C.
					 300(f), et seq., if
					 issued;
d. such additional
					 information as is required by the administrative authority to support the
					 petition under this Section; and
e.
					 this statement signed by a duly authorized representative:
"I certify under penalty of law that I have personally
						examined and am familiar with the information submitted for this petition and
						all attached documents, and that based on my inquiry of those individuals
						immediately responsible for obtaining the information, I believe that the
						submitted information is true, accurate, and complete. I am aware that there
						are significant penalties for submitting false information, including the
						possibility of fines and imprisonment."