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-2231 - Variance from a Treatment Standard

Current through Register Vol. 50, No. 6, June 20, 2024
A. - F. Reserved.
G. Based on a petition filed by a generator
					 or treater of hazardous waste, the administrative authority may approve a
					 site-specific variance from an applicable treatment standard if:
1. it is not physically possible to treat the
					 waste to the level specified in the treatment standard or by the method
					 specified as the treatment standard. To show that this is the case, the
					 petitioner must demonstrate that because the physical or chemical properties of
					 the waste differ significantly from waste analyzed in developing the treatment
					 standard, the waste cannot be treated to the specified level or by the
					 specified method; or
2. it is
					 inappropriate to require the waste to be treated to the level specified in the
					 treatment standard or by the method specified as the treatment standard, even
					 though such treatment is technically possible. To show that this is the case,
					 the petitioner must either demonstrate that:
a. treatment to the specified level or by the
					 specified method is technically inappropriate (e.g., resulting in combustion of
					 large amounts of mildly contaminated environmental media where the treatment
					 standard is not based on combustion of such media); or
b. for remediation waste only, treatment to
					 the specified level or by the specified method is environmentally inappropriate
					 because it would likely discourage aggressive remediation;
3. for contaminated soil only, treatment to
					 the level or by the method specified in the soil treatment standard would
					 result in concentrations of hazardous constituents that are below (i.e., lower
					 than) the concentrations necessary to minimize short and long term threats to
					 human health and the environment. Treatment variances approved under this
					 Subsection must:
a. at a minimum, impose
					 alternative land disposal restriction treatment standards that, using a
					 reasonable maximum exposure scenario:
i. for
					 carcinogens, achieve constituent concentrations that result in the total excess
					 risk to an individual exposed over a lifetime generally falling within a range
					 from 10-4 to 10-6;
					 and
ii. for constituents with
					 noncarcinogenic effects, achieve constituent concentrations that an individual
					 could be exposed to on a daily basis without appreciable risk of deleterious
					 effect during a lifetime;
b. not consider post-land-disposal
					 controls;
4. for
					 contaminated soil only, treatment to the level or by the method specified in
					 the soil treatment standards would result in concentrations of hazardous
					 constituents that are below (i.e., lower than) natural background
					 concentrations at the site where the contaminated soil will be land
					 disposed;
5. public notice and a
					 reasonable opportunity for public comment must be provided before granting or
					 denying a petition.