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 43 - Interim Status › Subchapter F - Closure and Post-Closure › Section V-4379 - Closure Performance Standard

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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 protect human health and the environment, post-closure
					 escape of hazardous waste, hazardous constituents, leachate, contaminated
					 rainfall, or hazardous waste decomposition products to the ground or surface
					 waters or to the atmosphere; and
3.
					 complies with the closure requirements of these regulations including, but not
					 limited to, LAC 33:V.4442, 4457, 4475, 4489, 4501, 4521, 4531, 4543, and
					 4705.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter F - Closure and Post-Closure › Section V-4383 - 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 nonhazardous wastes, if the
					 owner or operator complies with all applicable requirements in LAC 33:V.4383.D
					 and E, at a hazardous waste management unit or facility, or within 90 days
					 after approval of the closure plan, whichever is later, the owner or operator
					 must treat, remove from the unit or facility, 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
					 demonstrates that:
1. the activities required
					 to comply with this Subsection will, of necessity, take him longer than 90 days
					 to complete; or
2. the hazardous
					 waste management unit or facility has the capacity to receive additional
					 wastes, or has the capacity to receive non-hazardous wastes if the facility
					 owner or operator receives administrative authority allowance pursuant to LAC
					 33:V.4383.D and complies with LAC 33:V.4383.D and E and:
a. there is a reasonable likelihood that he
					 or a person other than the owner or operator will recommence operation of the
					 hazardous waste management unit or the facility within one year; and
b. closure of the hazardous waste management
					 unit or facility would be incompatible with continued operation of the site;
					 and
3. he has taken and
					 will continue to take all steps to prevent threats to human health and the
					 environment, including compliance with interim status requirements.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter F - Closure and Post-Closure › Section V-4385 - 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
					 soil must be properly disposed of, or decontaminated unless specified otherwise
					 in LAC 33:V.4442, 4457, 4475, 4489, 4501, 4601, or 4705. By removing all
					 hazardous wastes or hazardous constituents during partial and final closure,
					 the owner or operator may become a generator of hazardous waste and must handle
					 that hazardous 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 43 - Interim Status › Subchapter F - Closure and Post-Closure › Section V-4387 - 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 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.4403.H.
B. Survey Plat. No later than the submission
					 of the certification of closure of each hazardous waste disposal unit, an 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 LAC 33:V.Chapter 35 or 43
					 regulations.
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 43 - Interim Status › Subchapter F - Closure and Post-Closure › Section V-4389 - Post-Closure Care and Use of Property

Current through Register Vol. 50, No. 6, June 20, 2024
A. Post-closure care for each hazardous waste
					 management unit subject to the requirements of LAC 33:V.4389-4395 must begin
					 after completion of closure of the unit and continue for 30 years after that
					 date. It must consist of at least the following:
1. monitoring and reporting in accordance
					 with the requirements of LAC 33:V.Chapter 43.Subchapters E, J, K, L, and M;
					 and
2. maintenance and monitoring
					 of waste containment systems in accordance with the requirements of LAC
					 33:V.Chapter 43.Subchapters E, J, K, L, and M.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter F - Closure and Post-Closure › Section V-4393 - Post-Closure Notices

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
					 later than 60 days after 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 record of the type, location, and quantity of
					 hazardous wastes disposed of within each cell or other disposal unit of the
					 facility. For hazardous wastes disposed of before January 12, 1981, the owner
					 or operator must identify the type, location and quantity of the hazardous
					 wastes to the best of his knowledge and in accordance with any records he has
					 kept.
B. Within 60 days of
					 certification of closure of the first hazardous waste disposal unit and within
					 60 days of certification of closure of the last hazardous waste disposal unit,
					 the owner or operator must:
1. record, in
					 accordance with state law, a notation on the deed to the facility property, or
					 on some other instrument which is normally examined during title search, that
					 will in perpetuity notify any potential purchaser of the property that:
a. the land has been used to manage hazardous
					 wastes; and
b. its use is
					 restricted under LAC 33:V.Chapter 43.Subchapter F; and
c. the survey plat and record of the type,
					 location, and quantity of hazardous wastes disposed of within each cell or
					 other hazardous waste disposal unit of the facility required by LAC 33:V.4387
					 and 4393.A have been filed with the local zoning authority or the authority
					 with jurisdiction over local land use and with the Office of Environmental
					 Services; and
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter F - Closure and Post-Closure › Section V-4395 - Certification of Completion of Post-Closure Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. No later than 60 days after completion of
					 the established post-closure care period for each hazardous waste disposal
					 unit, the owner or operator must submit to the Office of Environmental
					 Services, by registered mail, a certification that the post-closure care period
					 for the hazardous waste disposal unit was performed in accordance with the
					 specifications in the approved post-closure plan. The certification must be
					 signed by the owner or operator and 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 post-closure care under LAC 33:V.4407.H.
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 43 - Interim Status › Subchapter F - Closure and Post-Closure › Section V-4396 - Post-Closure Requirements for Facilities That Obtain Enforceable Documents in Lieu of Post-Closure Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Owners and operators who are subject to
					 the requirement to obtain a post-closure permit under LAC 33:V.305, but who
					 obtain enforceable documents in lieu of post-closure permits, as provided under
					 LAC 33:V.305.H, must comply with the following requirements:
1. submit information about the facility in
					 accordance with LAC 33:V.528;
2.
					 facility-wide corrective action in accordance with LAC 33:V.3322; and
3. LAC 33:V.Chapter 33.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter G - Financial Requirements › Section V-4397 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The requirements
					 of LAC 33:V.3719, 4401, 4403, 4411, and 4413 apply to owners and operators of
					 all hazardous waste facilities, except as provided otherwise in this Section or
					 in LAC 33:V.4307.
B. The
					 requirements of LAC 33:V.4405 and 4407 apply only to owners and operators of:
1. disposal facilities;
2. tank systems that are required under LAC
					 33:V.4442 to meet the requirements for landfills; and
3. containment buildings that are required
					 under LAC 33:V.4705 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 43 - Interim Status › Subchapter G - Financial Requirements › Section V-4401 - Cost Estimate for Closure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 owner or operator must have a detailed written estimate, in current dollars, of
					 the cost of closing the facility in accordance with the requirements in LAC
					 33:V.4379, 4381, 4383, 4385, and 4387 and applicable closure requirements in
					 LAC 33:V.4442, 4457, 4475, 4489, 4501, 4521, 4531, 4543, and 4705.
1. The estimate must equal the cost of final
					 closure at the point in the facility's active life when the extent and manner
					 of its operation would make closure the most expensive, as indicated by its
					 closure plan (see LAC 33:V.4399); and
2. the closure cost estimate must be based on
					 the costs to the owner or operator of hiring a third party to close the
					 facility. A third party is a party who is neither a parent nor a subsidiary or
					 the owner or operator. (See definition of
Parent Corporation
in LAC 33:V.4399.) The owner or operator may use costs for on-site disposal if
					 he can demonstrate that on-site disposal capacity will exist at all times over
					 the life of the facility.
3. The
					 closure cost estimate may not incorporate any salvage value that may be
					 realized by the sale of hazardous wastes, or non-hazardous wastes if applicable
					 under LAC 33:V.4383.D, facility structures or equipment, land or other assets
					 associated with the facility at the time of partial or final closure.
4. The owner or operator may not incorporate
					 a zero cost for hazardous wastes, or non-hazardous wastes if applicable under
					 LAC 33:V.4383.D that might have economic value.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter G - Financial Requirements › Section V-4405 - Cost Estimate for Post-Closure Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. The owner or operator of a hazardous waste
					 disposal unit must have a detailed written estimate, in current dollars, of the
					 annual cost of post-closure monitoring and maintenance of the facility in
					 accordance with the applicable post-closure regulations in LAC 33:V.4389-4395,
					 LAC 33:V.4457, 4475, 4489, and 4501.
1. The
					 post-closure cost estimate must be based on the costs to the owner or operator
					 of hiring a third party to conduct post-closure care activities. A third party
					 is a party who is neither a parent nor subsidiary of the owner or operator.
					 (See definition of
parent corporation
in LAC
					 33:V.4399.)
2. The post-closure
					 cost estimate is calculated by multiplying the annual post-closure cost
					 estimate by the number of years of post-closure care required under LAC
					 33:V.4389.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter G - Financial Requirements › Section V-4409 - Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
					 owner or operator may satisfy the requirements for financial assurance for both
					 closure and post-closure care for one or more facilities by using a trust fund,
					 surety bond, letter of credit, insurance, financial test, or corporate
					 guarantee that meets the specifications for the mechanism in both LAC 33:V.4403
					 and 4407. The amount of funds available through the mechanism must be no less
					 than the sum of funds that would be available if a separate mechanism has been
					 established and maintained for financial assurance of closure and post-closure
					 care.
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 43 - Interim Status › Subchapter G - Financial Requirements › Section V-4411 - Liability Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Coverage for Sudden Accidental Occurrences. An owner or operator of a hazardous
					 waste treatment, storage, or disposal facility, or a group of such facilities,
					 must demonstrate financial responsibility for bodily injury and property damage
					 to third parties caused by sudden accidental occurrences arising from
					 operations of the facility or group of facilities. The owner or operator must
					 have and maintain liability coverage for sudden accidental occurrences in the
					 amount of at least $1 million per occurrence with an annual aggregate of at
					 least $2 million, exclusive of legal defense costs. This liability coverage may
					 be demonstrated as specified in LAC 33:V.4411.A.1-6.
1. An owner or operator may demonstrate the
					 required liability coverage by having liability insurance as specified in this
					 Paragraph.
a. Each insurance policy must be
					 amended by attachment of the hazardous waste facility liability endorsement or
					 evidenced by a certificate of liability insurance. The wording of the
					 endorsement must be identical to the wording specified in LAC 33:V.3719.I. The
					 wording of the certificate of insurance must be identical to the wording
					 specified in LAC 33:V.3719.J. The owner or operator must submit a signed
					 duplicate original of the endorsement or the certificate of insurance to the
					 Office of Environmental Services . If requested by the administrative
					 authority, the owner or operator must provide a signed duplicate original of
					 the insurance policy.
b. Each
					 insurance policy must be issued by an insurer which, at a minimum, is
					 authorized to transact business in Louisiana and in one or more states and is
					 licensed to transact the business of insurance or is eligible to provide
					 insurance as an excess or surplus lines insurer, in one or more states, and
					 authorized to transact business in Louisiana.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter G - Financial Requirements › Section V-4413 - Incapacity of Owners or Operators, Guarantors, or Financial Institutions

Current through Register Vol. 50, No. 6, June 20, 2024
A. An owner or
					 operator must notify the Office of Environmental Services by certified mail of
					 the commencement of a voluntary or involuntary proceeding under Title 11
					 (Bankruptcy), U.S. Code, naming the owner or operator as debtor, within 10 days
					 after commencement of the proceeding. A guarantor of a corporate guarantee as
					 specified in LAC 33:V.4403.E and 4407.E must make such a notification if he is
					 named as debtor, as required under the terms of the corporate guarantee (see
					 LAC 33:V.3719.H).
B. An owner or
					 operator who fulfills the requirements of LAC 33:V.4403, 4407, or 4411 by
					 obtaining a trust fund, surety bond, letter of credit, or insurance policy will
					 be deemed to be without the required financial assurance or liability coverage
					 in the event of bankruptcy of the trustee or issuing institution, or a
					 suspension or revocation of the authority of the trustee institution to act as
					 trustee or of the institution issuing the surety bond, letter of credit, or
					 insurance policy to issue such instruments. The owner or operator must
					 establish other financial assurance or liability coverage within 60 days after
					 such an event.
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 43 - Interim Status › Subchapter H - Containers › Section V-4417 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Owners and
					 operators of all hazardous waste facilities with interim status that store
					 hazardous wastes in containers are subject to the requirements of this Chapter
					 and LAC 33:V.Chapter 21 as indicated below.
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 43 - Interim Status › Subchapter H - Containers › Section V-4419 - Condition of Containers

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Interim status facilities are subject to the requirements of LAC
					 33:V.2103.
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 43 - Interim Status › Subchapter H - Containers › Section V-4421 - Compatibility of Waste with Containers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Interim status facilities are subject to
					 the requirements of LAC 33:V.2105.
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 43 - Interim Status › Subchapter H - Containers › Section V-4423 - Management of Containers

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Interim status facilities are subject to the requirements of LAC
					 33:V.2107.
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 43 - Interim Status › Subchapter H - Containers › Section V-4425 - Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. Interim status
					 facilities are subject to the requirements of LAC 33:V.2109.A.
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 43 - Interim Status › Subchapter H - Containers › Section V-4427 - Special Requirements for Ignitable or Reactive Waste

Current through Register Vol. 50, No. 6, June 20, 2024
A. Interim status facilities are subject to
					 the requirements of LAC 33:V.2113.
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 43 - Interim Status › Subchapter H - Containers › Section V-4429 - Special Requirements for Incompatible Wastes

Current through Register Vol. 50, No. 6, June 20, 2024
A. Interim status facilities are subject to
					 the requirements of LAC 33:V.2115.
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 43 - Interim Status › Subchapter H - Containers › Section V-4430 - Air Emission Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 owner or operator shall manage all hazardous waste placed in a container in
					 accordance with the applicable requirements of Subchapters Q, R, and V of this
					 Chapter.
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 43 - Interim Status › Subchapter I - Tanks › Section V-4431 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The regulations
					 of this Subchapter apply to owners or operators of facilities that use tank
					 systems for storing or treating hazardous waste, except as otherwise provided
					 in this Section and in LAC 33:V.4433 or in 4301 and 105.F.
1. Tank systems that are used to store or
					 treat hazardous waste that contains no free liquids and that are situated
					 inside a building with an impermeable floor are exempted from the requirements
					 of LAC 33:V.4437. To demonstrate the absence or presence of free liquids in the
					 stored/treated waste, the following test must be used: Method 9095B (Paint
					 Filter Liquids Test) as described in
Test Methods for Evaluating Solid
					 Waste, Physical/Chemical Methods
, EPA Publication SW-846, as
					 incorporated by reference in LAC 33:V.110.
2. Tank systems, including sumps, as defined
					 in LAC 33:V.109, that serve as part of a secondary containment system to
					 collect or contain releases of hazardous wastes are exempted from the
					 requirements in LAC 33:V.4437.A.
3.
					 Tanks, sumps and other collection devices used in conjunction with drip pads,
					 as defined in LAC 33:V.109 and regulated under LAC 33:V.Chapter 43.Subchapter
					 S, must meet the requirements of this Subchapter.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter I - Tanks › Section V-4433 - Assessment of Existing Tank System's Integrity

Current through Register Vol. 50, No. 6, June 20, 2024
A. For each existing tank system that does
					 not have secondary containment meeting the requirements of these regulations,
					 the owner or operator must determine that the tank system is not leaking or
					 unfit for use. Except as provided in Subsection C of this Section, the owner or
					 operator must obtain and keep on file at the facility a written assessment
					 reviewed and certified by an independent, qualified professional engineer in
					 accordance with LAC 33:V.513 that attests to the tank system's integrity by
					 November 20, 1988.
B. This
					 assessment must determine that the tank system is adequately designed and has
					 sufficient structural strength and compatibility with the waste(s) to be stored
					 or treated to ensure that it will not collapse, rupture, or fail. At a minimum,
					 this assessment must consider the following:
1. design standard(s), if available,
					 according to which the tank and ancillary equipment were constructed;
2. hazardous characteristics of the waste(s)
					 that have been or will be handled;
3. existing corrosion protection
					 measures;
4. documented age of the
					 tank system, if available, (otherwise, an estimate of the age); and
5. results of a leak test, internal
					 inspection, or other tank integrity examination such that:
a. for non-enterable underground tanks, this
					 assessment must consist of a leak test that is capable of taking into account
					 the effects of temperature variations, tank end deflection, vapor pockets, and
					 high water table effects;
b. for
					 other than non-enterable underground tanks and for ancillary equipment, this
					 assessment must be either a leak test, as described in Subparagraph B.5.a of
					 this Section, or an internal inspection and/or other tank integrity examination
					 certified by an independent, qualified professional engineer in accordance with
					 LAC 33:V.513 that addresses cracks, leaks, corrosion, and erosion.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter I - Tanks › Section V-4435 - Design and Installation of New Tank Systems or Components

Current through Register Vol. 50, No. 6, June 20, 2024
A. Owners or
					 operators of new tank systems or components must ensure that the foundation,
					 structural support, seams, connections, and pressure controls (if applicable)
					 are adequately designed and that the tank system has sufficient structural
					 strength, compatibility with the waste(s) to be stored or treated, and
					 corrosion protection so that it will not collapse, rupture, or fail. The owner
					 or operator must obtain a written assessment reviewed and certified by an
					 independent, qualified professional engineer in accordance with LAC 33:V.513
					 attesting that the system has sufficient structural integrity and is acceptable
					 for the storing and treating of hazardous waste. This assessment must include,
					 at a minimum, the following information:
1.
					 design standard(s) according to which the tank(s) and ancillary equipment is or
					 will be constructed;
2. hazardous
					 characteristics of the waste(s) to be handled;
3. for new tank systems or components in
					 which the external shell of a metal tank or any external metal component of the
					 tank systems is or will be in contact with the soil or with the water, a
					 determination by a corrosion expert of:
a.
					 factors affecting the potential for corrosion, including but not limited to:
i. soil moisture content;
ii. soil pH;
iii. soil sulfides level;
iv. soil resistivity;
v. structure to soil potential;
vi. influence of nearby underground metal
					 structures (e.g., piping);
vii.
					 stray electric current; and
viii.
					 existing corrosion-protection measures (e.g., coating, cathodic protection);
					 and
b. the type and
					 degree of external corrosion protection that are needed to ensure the integrity
					 of the tank system during the use of the tank system or component, consisting
					 of one or more of the following:
i.
					 corrosion-resistant materials of construction such as special alloys,
					 fiberglass-reinforced plastic;
ii.
					 corrosion-resistant coating (such as epoxy or fiberglass) with cathodic
					 protection (e.g., impressed current or sacrificial anodes); and
iii. electrical isolation devices such as
					 insulating joints and flanges;
4. for underground tank system components
					 that are likely to be affected by vehicular traffic, a determination of design
					 or operational measures that will protect the tank system against potential
					 damage; and
5. design consideration
					 to ensure that:
a. tank foundations will
					 maintain the load of a full tank;
b. tank systems will be anchored to prevent
					 flotation or dislodgement where the tank system is placed in a saturated zone,
					 or is located within a seismic fault zone; and
c. tank systems will withstand the effects of
					 frost heave.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter I - Tanks › Section V-4437 - Containment and Detection of Releases

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to prevent the release of
					 hazardous waste or hazardous constituents to the environment, secondary
					 containment that meets the requirements of this Section must be provided
					 (except as provided in Subsections F and G of this Section):
1. for all new and existing tank systems or
					 components, prior to their being put into service;
2. for tank systems that store or treat
					 materials that become hazardous wastes, within two years of the hazardous waste
					 listing, or when the tank system has reached 15 years of age, whichever comes
					 later.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter I - Tanks › Section V-4438 - Special Requirements for Generators of between 100 and 1,000 kg/month That Accumulate Hazardous Waste in Tanks (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
Editor's Note: The special requirements for small
						  quantity generators accumulating hazardous waste in tanks in Section 4438 were
						  repromulgated in LAC 33:V.1013.C.3 et al.
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 43 - Interim Status › Subchapter I - Tanks › Section V-4439 - General Operating Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hazardous wastes or treatment reagents
					 must not be placed in a tank system if they could cause the tank, its ancillary
					 equipment, or the secondary containment system to rupture, leak, corrode, or
					 otherwise fail.
B. The owner or
					 operator must use appropriate controls and practices to prevent spills and
					 overflows from tank or secondary containment systems. These include at a
					 minimum:
1. spill prevention controls (e.g.,
					 check valves, dry disconnect couplings);
2. overfill prevention controls (e.g., level
					 sensing devices, high level alarms, automatic feed cutoff, or bypass to a
					 standby tank); and
3. maintenance
					 of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
					 wind action or by precipitation.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter I - Tanks › Section V-4440 - Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. The owner or
					 operator must inspect, where present, at least once each operating day data
					 gathered from monitoring and leak detection equipment (e.g., pressure or
					 temperature gauges, monitoring wells) to ensure that the tank system is being
					 operated according to its design.
B. Except as noted under Subsection C of this
					 Section, the owner or operator must inspect at least once each operating day:
1. overfill/spill control equipment (e.g.,
					 waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that
					 it is in good working order;
2. the
					 aboveground portions of the tank system, if any, to detect corrosion or
					 releases of waste; and
3. the
					 construction materials and the area immediately surrounding the externally
					 accessible portion of the tank system, including the secondary containment
					 structure (e.g., dikes) to detect erosion or signs of releases of hazardous
					 waste (e.g., wet spots, dead vegetation).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter I - Tanks › Section V-4441 - Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems

Current through Register Vol. 50, No. 6, June 20, 2024
A tank system or secondary containment system from which
						there has been a leak or spill, or which is unfit for use, must be removed from
						service immediately, and the owner or operator must satisfy the following
						requirements.
A. Cessation of Use;
					 Prevent Flow or Addition of Wastes. The owner or operator must immediately stop
					 the flow of hazardous waste into the tank system or secondary containment
					 system and inspect the system to determine the cause of the release.
B. Removal of Waste from Tank System or
					 Secondary Containment System
1. If the release
					 was from the tank system, the owner or operator must, within 24 hours after
					 detection of the leak or, if the owner or operator demonstrates that it is not
					 possible, at the earliest practicable time remove as much of the waste as is
					 necessary to prevent further release of hazardous waste to the environment and
					 to allow inspection and repair of the tank system to be performed.
2. If the release was to a secondary
					 containment system, all released materials must be removed within 24 hours or
					 in as timely a manner as is possible to prevent harm 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 43 - Interim Status › Subchapter I - Tanks › Section V-4442 - Closure and Post-Closure Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. Interim status facilities are subject to
					 the requirements of LAC 33:V.1915.
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 43 - Interim Status › Subchapter I - Tanks › Section V-4443 - Special Requirements for Ignitable or Reactive Wastes

Current through Register Vol. 50, No. 6, June 20, 2024
A. Interim status facilities are subject to
					 the requirements of LAC 33:V.1917.
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 43 - Interim Status › Subchapter I - Tanks › Section V-4444 - Special Requirements for Incompatible Wastes

Current through Register Vol. 50, No. 6, June 20, 2024
A. Interim status facilities are subject to
					 requirements of LAC 33:V.1919.
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 43 - Interim Status › Subchapter I - Tanks › Section V-4445 - Waste Analysis and Trial Tests

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 In addition to performing the waste analysis required by LAC 33:V.4313, the
					 owner or operator must, whenever a tank system is to be used to treat
					 chemically or to store a hazardous waste that is substantially different from
					 waste previously treated or stored in that tank system; or treat chemically a
					 hazardous waste with a substantially different process than any previously used
					 in that tank system:
1. conduct waste
					 analysis and trial treatment or storage test (e.g., benchscale or pilot-plant
					 scale tests); or
2. obtain written,
					 documented information on similar waste under similar operating conditions to
					 show that the proposed treatment or storage will meet the requirements of LAC
					 33:V.4439.A.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter I - Tanks › Section V-4446 - Air Emission Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 owner or operator shall manage all hazardous waste placed in a tank in
					 accordance with the applicable requirements of Subchapters Q, R, and V of this
					 Chapter.
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 43 - Interim Status › Subchapter J - Surface Impoundments › Section V-4447 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The regulations
					 in this Subchapter apply to owners and operators of facilities that use surface
					 impoundments to treat, store, or dispose of hazardous waste, except as LAC
					 33:V.4307 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 43 - Interim Status › Subchapter J - Surface Impoundments › Section V-4449 - Action Leakage Rate

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 owner or operator of surface impoundment units subject to LAC 33:V.4462.A must
					 submit a proposed action leakage rate to the Office of Environmental Services
					 when submitting the notice required under LAC 33:V.4462.B. Within 60 days of
					 receipt of the notification, the administrative authority will establish an
					 action leakage rate, either as proposed by the owner or operator or modified
					 using the criteria in this Section, or extend the review period for up to 30
					 days. If no action is taken by the administrative authority before the original
					 60- or the extended 90-day review periods, the action leakage rate will be
					 approved as proposed by the owner or operator.
B. The administrative authority shall approve
					 an action leakage rate for surface impoundment units subject to LAC
					 33:V.4462.A. The action leakage rate is the maximum design flow rate that the
					 leak detection system (LDS) can remove without the fluid head on the bottom
					 liner exceeding 1 foot. The action leakage rate must include an adequate safety
					 margin to allow for uncertainties in the design (e.g., slope, hydraulic
					 conductivity, thickness of drainage material), construction, operation, and
					 location of the LDS, waste and leachate characteristics, likelihood and amounts
					 of other sources of liquids in the LDS, and proposed response actions (e.g.,
					 the action leakage rate must consider decreases in the flow capacity of the
					 system over time resulting from siltation and clogging, rib layover and creep
					 of synthetic components of the system, overburden pressures, etc.).
C. To determine if the action leakage rate
					 has been exceeded, the owner or operator must convert the weekly or monthly
					 flow rate from the monitoring data obtained under LAC 33:V.4455.B to an average
					 daily flow rate (gallons per acre per day) for each sump. Unless the
					 administrative authority approves a different calculation, the average daily
					 flow rate for each sump must be calculated weekly during the active life and
					 closure period and, if the unit closes in accordance with LAC 33:V.4457.A.2,
					 monthly during the post-closure care period when monthly monitoring is required
					 under LAC 33:V.4455.B.
AUTHORITY NOTE: Promulgated in accordance with
						  R.S.
						  30:2180 et seq.
NOTE: §4451 has moved to §4452.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter J - Surface Impoundments › Section V-4452 - Response Actions [Formerly Section 4451]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The owner or operator of surface
					 impoundment units subject to LAC 33:V.4462.A must develop and keep on-site
					 until closure of the facility a response action plan. The response action plan
					 must set forth the actions to be taken if the action leakage rate has been
					 exceeded. At a minimum, the response action plan must describe the actions
					 specified in Subsection B of this Section.
B. If the flow rate into the leak detection
					 system exceeds the action leakage rate for any sump, the owner or operator
					 must:
1. notify the administrative authority
					 in writing of the exceedence within seven days of the determination;
2. submit a preliminary written assessment to
					 the administrative authority within 14 days of the determination as to the
					 amount of liquids, likely sources of liquids, possible location, size, and
					 cause of any leaks, and short-term actions taken and planned;
3. determine to the extent practicable the
					 location, size, and cause of any leak;
4. determine whether waste receipt should
					 cease or be curtailed, whether any waste should be removed from the unit for
					 inspection, repairs, or controls, and whether or not the unit should be
					 closed;
5. determine any other
					 short-term and long-term actions to be taken to mitigate or stop any leaks;
					 and
6. within 30 days after the
					 notification that the action leakage rate has been exceeded, submit to the
					 administrative authority the results of the analyses specified in Paragraphs
					 B.3-5 of this Section, the results of actions taken, and actions planned.
					 Monthly thereafter, as long as the flow rate in the leak detection system
					 exceeds the action leakage rate, the owner or operator must submit to the
					 administrative authority a report summarizing the results of any remedial
					 actions taken and actions planned.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter J - Surface Impoundments › Section V-4453 - Waste Analysis and Trial Tests

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 In addition to the waste analyses required by LAC 33:V.1519, whenever a surface
					 impoundment is to be used to:
1. chemically
					 treat a hazardous waste which is substantially different from waste previously
					 treated in that impoundment; or
2.
					 chemically treat hazardous waste with a substantially different process than
					 any previously used in that impoundment.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter J - Surface Impoundments › Section V-4455 - Monitoring and Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 owner or operator must inspect:
1. the
					 freeboard level at least once each operating day to ensure compliance with LAC
					 33:V.4449; and
2. the surface
					 impoundment, including dikes and vegetation surrounding the them, at least once
					 a week to detect any leaks, deterioration, or failures in the
					 impoundment.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 43 - Interim Status › Subchapter J - Surface Impoundments › Section V-4456 - Air Emission Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 owner or operator shall manage all hazardous waste placed in a surface
					 impoundment in accordance with the applicable requirements of Subchapters R and
					 V of this Chapter.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.