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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-565 - How do I apply for a RAP ?

Current through Register Vol. 50, No. 6, June 20, 2024
A. To
					 apply for a RAP, you must complete an application, sign it, and submit it to
					 the Office of Environmental Services according to the requirements in this
					 Subchapter.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-570 - Who must obtain a RAP ?

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 When a facility or remediation waste management site is owned by one person,
					 but the treatment, storage, or disposal activities are operated by another
					 person, it is the operator's duty to obtain a RAP, except that the owner must
					 also sign the RAP application.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-575 - Who must sign the application and any required reports for a RAP?

Current through Register Vol. 50, No. 6, June 20, 2024
A. Both the owner
					 and the operator must sign the RAP application and any required reports
					 according to LAC 33:V.507, 509, and 511. In the application, both the owner and
					 the operator must also make the certification required in LAC 33:V.513.A.
					 However, the owner may choose the alternative certification under LAC
					 33:V.513.B if the operator certifies under LAC 33:V.513.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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-580 - What must I include in my application for a RAP ?

Current through Register Vol. 50, No. 6, June 20, 2024
A. You must include the following information
					 in your application for a RAP:
1. the name,
					 address, and EPA identification number of the remediation waste management
					 site;
2. the name, address, and
					 telephone number of the owner and operator;
3. the latitude and longitude of the
					 site;
4. the United States
					 Geological Survey (USGS) or county map showing the location of the remediation
					 waste management site;
5. a scaled
					 drawing of the remediation waste management site showing:
a. the remediation waste management site
					 boundaries;
b. any significant
					 physical structures; and
c. the
					 boundary of all areas on-site where remediation waste is to be treated, stored,
					 or disposed;
6. a
					 specification of the hazardous remediation waste to be treated, stored, or
					 disposed of at the facility or remediation waste management site. This must
					 include information on:
a. constituent
					 concentrations and other properties of the hazardous remediation wastes that
					 may affect how such materials should be treated and/or otherwise
					 managed;
b. an estimate of the
					 quantity of these wastes; and
c. a
					 description of the processes you will use to treat, store, or dispose of this
					 waste including technologies, handling systems, design, and operating
					 parameters you will use to treat hazardous remediation wastes before disposing
					 of them according to the LDR standards of LAC 33:V.Chapter 22, as
					 applicable;
7. enough
					 information to demonstrate that operations that follow the provisions in your
					 RAP application will ensure compliance with applicable requirements of LAC
					 33:V.Chapters 15-37, 41, and 43;
8.
					 such information as may be necessary to enable the administrative authority to
					 carry out his duties under other state laws as is required for traditional RCRA
					 permits under LAC 33:V.517.U; and
9. any other information the administrative
					 authority decides is necessary for demonstrating compliance with this
					 Subsection or for determining any additional RAP conditions that are necessary
					 to protect 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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-585 - What if I want to keep this information confidential ?

Current through Register Vol. 50, No. 6, June 20, 2024
A. Provisions for confidential information
					 may be found in LAC 33:I.Chapter 5.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-590 - To whom must I submit my RAP application?

Current through Register Vol. 50, No. 6, June 20, 2024
A. You must submit your application for a RAP
					 to the Office of Environmental Services for approval.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-595 - If I submit my RAP application as part of another document, what must I do?

Current through Register Vol. 50, No. 6, June 20, 2024
A. If you submit
					 your application for a RAP as a part of another document, you must clearly
					 identify the components of that document that constitute your RAP
					 application.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-600 - What is the process for approving or denying my application for a RAP?

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
					 administrative authority tentatively finds that your RAP application includes
					 all of the information required by LAC 33:V.580 and that your proposed
					 remediation waste management activities meet the regulatory standards, the
					 administrative authority may make a tentative decision to approve your RAP
					 application. The administrative authority will then prepare a draft RAP and
					 provide an opportunity for public comment before making a final decision on
					 your RAP application, according to this Subchapter.
B. If the administrative authority
					 tentatively finds that your RAP application does not include all of the
					 information required by LAC 33:V.580 or that your proposed remediation waste
					 management activities do not meet the regulatory standards, the administrative
					 authority may request additional information from you or ask you to correct
					 deficiencies in your application. If you fail or refuse to provide any
					 additional information the administrative authority requests, or to correct any
					 deficiencies in your RAP application, the administrative authority may make a
					 tentative decision to deny your RAP application. After making this tentative
					 decision, the administrative authority will prepare a notice of intent to deny
					 your RAP application (
notice of intent to deny
) and provide an
					 opportunity for public comment before making a final decision on your RAP
					 application, according to the requirements in this Subchapter. The
					 administrative authority may deny the RAP application either in its entirety or
					 in part.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-605 - What must the administrative authority include in a draft RAP?

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
					 administrative authority prepares a draft RAP, it must include:
1. the information required under LAC
					 33:V.580.A. 1-9;
2. the following
					 terms and conditions:
a. terms and conditions
					 necessary to ensure that the operating requirements specified in your RAP
					 comply with applicable requirements of LAC 33:V.Chapters 15-37, 41, and 43
					 (including any recordkeeping and reporting requirements). In satisfying this
					 provision, the administrative authority may incorporate, expressly or by
					 reference, applicable requirements of LAC 33:V.Chapters 15-37, 41, and 43 into
					 the RAP or establish site-specific conditions as required or allowed by LAC
					 33:V.Chapters 15-37, 41, and 43;
b.
					 terms and conditions in LAC 33:V.309;
c. terms and conditions for modifying,
					 revoking and reissuing, and terminating your RAP, as provided in LAC 33:V.640;
					 and
d. any additional terms or
					 conditions that the administrative authority determines are necessary to
					 protect human health and the environment, including any terms and conditions
					 necessary to respond to spills and leaks during use of any units permitted
					 under the RAP; and
3. if
					 the draft RAP is part of another document, as described in LAC 33:V.550, the
					 administrative authority must clearly identify the components of that document
					 that constitute the draft RAP.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-610 - What else must the administrative authority prepare in addition to the draft RAP or Notice of Intent to Deny?

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Once the administrative authority has prepared the draft RAP or notice of
					 intent to deny, he must then:
1. prepare a
					 statement of basis that briefly describes the derivation of the conditions of
					 the draft RAP and the reasons for them, or the rationale for the notice of
					 intent to deny;
2. compile an
					 administrative record, including:
a. the RAP
					 application and any supporting data furnished by the applicant;
b. the draft RAP or notice of intent to
					 deny;
c. the statement of basis and
					 all documents cited therein (material readily available at the department or
					 published material that is generally available need not be physically included
					 with the rest of the record, as long as it is specifically referred to in the
					 statement of basis); and
d. any
					 other documents that support the decision to approve or deny the RAP;
					 and
3. make information
					 contained in the administrative record available for review by the public upon
					 request.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-615 - What are the procedures for public comment on the draft RAP or Notice of Intent to Deny?

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 administrative authority must:
1. send notice
					 to you of his intention to approve or deny your RAP application, and send you a
					 copy of the statement of basis;
2.
					 publish a notice of his intention to approve or deny your RAP application in a
					 major local newspaper of general circulation;
3. broadcast his intention to approve or deny
					 your RAP application over a local radio station; and
4. send a notice of his intention to approve
					 or deny your RAP application to each unit of local government having
					 jurisdiction over the area in which your site is located and to each state
					 agency having any authority under state law with respect to any construction or
					 operations at the site.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-620 - How will the administrative authority make a final decision on my RAP application?

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The administrative authority must consider and respond to any significant
					 comments raised during the public comment period, or during any hearing on the
					 draft RAP or notice of intent to deny, and revise your draft RAP based on those
					 comments, as appropriate.
B. If the
					 administrative authority determines that your RAP includes the information and
					 terms and conditions required in LAC 33:V.605, then he may issue a final
					 decision approving your RAP and, in writing, notify you and all commenters on
					 your draft RAP that your RAP application has been approved.
C. If the administrative authority determines
					 that your RAP does not include the information required in LAC 33:V.605, then
					 he will issue a final decision denying your RAP and, in writing, notify you and
					 all commenters on your draft RAP that your RAP application has been
					 denied.
D. If the administrative
					 authority's final decision is that the tentative decision to deny the RAP
					 application was incorrect, he will withdraw the notice of intent to deny and
					 proceed to prepare a draft RAP, according to the requirements in this
					 Subchapter.
E. When the
					 administrative authority issues his final RAP decision, he must refer to the
					 procedures for appealing the decision under
					 R.S.
					 30:2024.
F. Before issuing the final RAP decision, the
					 administrative authority must compile an administrative record. Material
					 readily available at the department or published materials which are generally
					 available and which are included in the administrative record need not be
					 physically included with the rest of the record as long as it is specifically
					 referred to in the statement of basis or the response to comments. The
					 administrative record for the final RAP must include information in the
					 administrative record for the draft RAP (see LAC 33:V.610.B) and:
1. all comments received during the public
					 comment period;
2. tapes or
					 transcripts of any hearings;
3. any
					 written materials submitted at these hearings;
4. the responses to comments;
5. any new material placed in the record
					 since the draft RAP was issued;
6.
					 any other documents supporting the RAP; and
7. a copy of the final RAP.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-625 - May the decision to approve or deny my RAP application be administratively appealed?

Current through Register Vol. 50, No. 6, June 20, 2024
A. You
					 may request an administrative hearing on a decision by the administrative
					 authority to grant or deny your RAP application, under
					 R.S.
					 30:2024. If the secretary does not grant your
					 hearing request within 30 days of filing, you are entitled to file an
					 application for de novo review of the secretary's action in the Nineteenth
					 Judicial District Court.
B. An
					 aggrieved person [as defined in
					 R.S.
					 30:2004 (17)] may appeal a final decision on
					 your RAP to the Nineteenth Judicial District Court, under
					 R.S.
					 30:2050.21. Such an appeal would not suspend
					 the effectiveness of the RAP, if one is issued. However, the secretary may
					 grant, or the court may order, a stay of the RAP decision.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-630 - When does my RAP become effective?

Current through Register Vol. 50, No. 6, June 20, 2024
A. Your RAP becomes effective 30 days after
					 the administrative authority notifies you and all commenters that your RAP is
					 approved unless:
1. the administrative
					 authority specifies a later effective date in the decision;
2. review is requested under
					 R.S.
					 30:2024; or
3. no commenters requested a change in the
					 draft RAP, in which case the RAP becomes effective immediately when it is
					 issued.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-635 - When may I begin physical construction of new units permitted under the RAP?

Current through Register Vol. 50, No. 6, June 20, 2024
A. You must not
					 begin physical construction of new units permitted under the RAP for treating,
					 storing, or disposing of hazardous remediation waste before receiving a RAP
					 which is effective under the terms of LAC 33:V.630.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-640 - After my RAP is issued, how may it be modified, revoked and reissued, or terminated?

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
					 your RAP, the administrative authority must specify, either directly or by
					 reference, procedures for future modifications, revocations and reissuance, or
					 terminations of your RAP. These procedures must provide adequate opportunities
					 for public review and comment on any modification, revocation and reissuance,
					 or termination that would significantly change your management of your
					 remediation waste, or that otherwise merits public review and comment. If your
					 RAP has been incorporated into a traditional RCRA permit, as allowed under LAC
					 33:V.555.C, then the RAP will be modified according to the applicable
					 requirements in LAC 33:V.321-323.B.2, revoked and reissued according to the
					 applicable requirements in LAC 33:V.321 and 323.B.3, or terminated according to
					 the applicable requirements of LAC 33:V.323.B.3.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-645 - For what reasons may the administrative authority choose to modify my final RAP?

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 administrative authority may modify your final RAP on his own initiative only
					 if one or more of the following reasons listed in this Section exist(s). If one
					 or more of these reasons do not exist, then the administrative authority will
					 not modify your final RAP, except at your request. Reasons for modification
					 are:
1. you made material and substantial
					 alterations or additions to the activity that justify applying different
					 conditions;
2. the administrative
					 authority finds new information that was not available at the time of RAP
					 issuance and would have justified applying different RAP conditions at the time
					 of issuance;
3. the standards or
					 regulations on which the RAP was based have changed because of new or amended
					 statutes, standards, or regulations, or by judicial decision after the RAP was
					 issued;
4. if your RAP includes any
					 schedules of compliance, the administrative authority may find reasons to
					 modify your compliance schedule, such as an act of God, strike, flood, or
					 materials shortage or other events over which you as the owner/operator have
					 little or no control and for which there is no reasonably available
					 remedy;
5. you are not in
					 compliance with conditions of your RAP;
6. you failed in the application or during
					 the RAP issuance process to disclose fully all relevant facts, or you
					 misrepresented any relevant facts at the time;
7. the administrative authority has
					 determined that the activity authorized by your RAP endangers human health or
					 the environment and can only be remedied by modifying; or
8. you have notified the administrative
					 authority (as required in the RAP under LAC 33:V.321.B) of a proposed transfer
					 of a RAP.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-650 - For what reasons may the administrative authority choose to revoke and reissue my final RAP?

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 administrative authority may revoke and reissue your final RAP on his own
					 initiative only if one or more reasons for revocation and reissuance exist(s).
					 If one or more reasons do not exist, then the administrative authority will not
					 modify or revoke and reissue your final RAP, except at your request. Reasons
					 for modification or revocation and reissuance are the same as the reasons
					 listed for RAP modifications in LAC 33:V.645.A.5-8 if the administrative
					 authority determines that revocation and reissuance of your RAP is
					 appropriate.
B. The administrative
					 authority will not reevaluate the suitability of the facility location at the
					 time of RAP revocation and reissuance unless new information or standards
					 indicate that a threat to human health or the environment exists that was
					 unknown when the RAP was issued.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-655 - For what reasons may the administrative authority choose to terminate my final RAP, or deny my renewal application?

Current through Register Vol. 50, No. 6, June 20, 2024
A. The administrative authority may terminate
					 your final RAP on his own initiative, or deny your renewal application, for the
					 same reasons as those listed for RAP modifications in LAC 33:V.645.A.5-7 if the
					 administrative authority determines that termination of your RAP or denial of
					 your RAP renewal application is appropriate.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-660 - May the decision to approve or deny a modification, revocation and reissuance, or termination of my RAP be administratively appealed?

Current through Register Vol. 50, No. 6, June 20, 2024
A. You may request an administrative hearing
					 on a decision by the administrative authority to grant or deny a modification,
					 revocation and reissuance, or termination of your RAP under
					 R.S.
					 30:2024. If the secretary does not grant your
					 hearing request within 30 days of filing, you are entitled to file an
					 application for de novo review of the secretary's action in the Nineteenth
					 Judicial District Court.
B. An
					 aggrieved person [as defined in
					 R.S.
					 30:2004 (17)] may appeal a final decision on
					 your RAP to the Nineteenth Judicial District Court, under
					 R.S.
					 30:2050.21. Such an appeal would not suspend
					 the effectiveness of the RAP, if one is issued. However, the secretary may
					 grant, or the court may order, a stay of the RAP decision.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-665 - When will my RAP expire?

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 RAPs must be issued for a fixed term, not to exceed 10 years, although they may
					 be renewed upon approval by the administrative authority in fixed increments of
					 no more than 10 years. In addition, the administrative authority must review
					 any RAP for hazardous waste land disposal five years after the date of issuance
					 or reissuance, and you or the administrative authority must follow the
					 requirements for modifying your RAP as necessary to assure that you continue to
					 comply with currently applicable requirements in RCRA Sections 3004
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-670 - How may I renew my RAP if it is expiring?

Current through Register Vol. 50, No. 6, June 20, 2024
A. If you wish to renew your expiring RAP,
					 you must follow the process for application for and issuance of RAPs in this
					 Subchapter.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-675 - What happens if I have applied correctly for a RAP renewal but have not received approval by the time my old RAP expires?

Current through Register Vol. 50, No. 6, June 20, 2024
A. If you have submitted a timely and
					 complete application for a RAP renewal, but the administrative authority,
					 through no fault of yours, has not issued a new RAP with an effective date on
					 or before the expiration date of your previous RAP, your previous RAP
					 conditions continue in force until the effective date of your new RAP or RAP
					 denial.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-680 - What records must I maintain concerning my RAP?

Current through Register Vol. 50, No. 6, June 20, 2024
A. You are required to keep records of:
1. all data used to complete RAP applications
					 and any supplemental information that you submit for a period of at least three
					 years from the date the application is signed; and
2. any operating and/or other records the
					 administrative authority requires you to maintain as a condition of your
					 RAP.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-685 - How are time periods in the requirements in this Subchapter and my RAP computed?

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 time period scheduled to begin on the occurrence of an act or event must begin
					 on the day after the act or event. (For example, if your RAP specifies that you
					 must close a staging pile within 180 days after the operating term for that
					 staging pile expires, and the operating term expires on June 1, then June 2
					 counts as day one of your 180 days, and you would have to complete closure by
					 November 28.)
B. Any time period
					 scheduled to begin before the occurrence of an act or event must be computed so
					 that the period ends on the day before the act or event. (For example, if you
					 are transferring ownership or operational control of your site, and wish to
					 transfer your RAP, the new owner or operator must submit a revised RAP
					 application no later than 90 days before the scheduled change. Therefore, if
					 you plan to change ownership on January 1, the new owner/operator must submit
					 the revised RAP application no later than October 3, so that the 90th day would
					 be December 31.)
C. If the final
					 day of any time period falls on a weekend or legal holiday, the time period
					 must be extended to the next working day. (For example, if you wish to request
					 an administrative hearing on the administrative authority's decision to modify
					 your RAP, then you must file your request with the secretary within 30 days
					 after notice of the decision is served upon you. If the thirtieth day falls on
					 Sunday, then you may submit your appeal by the Monday after. If the thirtieth
					 day falls on July 4, then you may submit your appeal by July 5.)
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-690 - How may I transfer my RAP to a new owner or operator?

Current through Register Vol. 50, No. 6, June 20, 2024
A. If you wish to transfer your RAP to a new
					 owner or operator, you must follow the requirements specified in your RAP for
					 RAP modification to identify the new owner or operator, and incorporate any
					 other necessary requirements. These modifications do not constitute significant
					 modifications for purposes of LAC 33:V.640. The new owner/operator must submit
					 a revised RAP application no later than 90 days before the scheduled change
					 along with a written agreement containing a specific date for transfer of RAP
					 responsibility between you and the new permittees.
B. When a transfer of ownership or
					 operational control occurs, you as the old owner or operator must comply with
					 the applicable requirements in LAC 33:V.Chapter 37 (financial requirements),
					 until the new owner or operator has demonstrated that he is complying with the
					 requirements in that chapter. The new owner or operator must demonstrate
					 compliance with LAC 33:V.Chapter 37 within six months of the date of the change
					 in ownership or operational control of the facility or remediation waste
					 management site. When the new owner/operator demonstrates compliance with LAC
					 33:V.Chapter 37 to the administrative authority, the administrative authority
					 will notify you that you no longer need to comply with LAC 33:V.Chapter 37, as
					 of the date of demonstration.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-695 - What must the state or EPA region report about noncompliance with RAPs?

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
					 or EPA region must report noncompliance with RAPs according to the provisions
					 of
					 40 CFR
					 270.5.
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 5 - Permit Application Contents › Subchapter G - Remedial Action Plans (RAPs)-General Information › Section V-699 - May I perform remediation waste management activities under a RAP at a location removed from the area where the remediation wastes originated?

Current through Register Vol. 50, No. 6, June 20, 2024
A. You may request
					 a RAP for remediation waste management activities at a location removed from
					 the area where the remediation wastes originated if you believe such a location
					 would be more protective than the contaminated area or areas in close
					 proximity.
B. If the administrative
					 authority determines that an alternative location, removed from the area where
					 the remediation waste originated, is more protective than managing remediation
					 waste at the area of contamination or areas in close proximity, then the
					 administrative authority may approve a RAP for this alternative
					 location.
C. You must request the
					 RAP, and the administrative authority will approve or deny the RAP, according
					 to the procedures and requirements in this Subchapter.
D. A RAP for an alternative location must
					 also meet the following requirements, which the administrative authority must
					 include in the RAP for such locations:
1. the
					 RAP for the alternative location must be issued to the person responsible for
					 the cleanup from which the remediation wastes originated;
2. the RAP is subject to the expanded public
					 participation requirements in LAC 33:V.708;
3. the RAP is subject to the public notice
					 requirements in LAC 33:V.717; and
4. the site permitted in the RAP may not be
					 located within 61 meters or 200 feet of a fault which has had displacement in
					 the Holocene time (you must demonstrate compliance with this standard through
					 the requirements in LAC 33:V.517.T). (See definitions of terms in LAC
					 33:V.109.)
[NOTE to Paragraph D.4 of this Section: Sites located in
						a political jurisdiction other than those listed in Appendix VI of  40 CFR 264
						 are assumed to be in compliance with this requirement.]
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 7 - Administrative Procedures for Treatment, Storage, and Disposal Facility Permits › Subchapter A - Permits › Section V-701 - Emergency Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Notwithstanding any other provision, in the event the administrative authority
					 finds an imminent and substantial endangerment to human health or the
					 environment, he may issue a temporary emergency permit (1) to a nonpermitted
					 facility to allow treatment, storage, or disposal of hazardous waste or (2) to
					 a permitted facility to allow treatment, storage, or disposal of a hazardous
					 waste not covered by an effective permit. This emergency permit:
1. may be oral or written; if oral, it shall
					 be followed in five days by a written emergency permit;
2. shall not exceed 90 days in
					 duration;
3. shall clearly specify
					 the hazardous wastes to be received, and the manner and location of their
					 treatment, storage, or disposal;
4.
					 may be terminated by the administrative authority at any time without process
					 if he determines that termination is appropriate to protect human health and
					 the environment;
5. shall be
					 accompanied by a public notice published under LAC 33:V.715 including:
a. name and address of the office granting
					 the emergency authorization;
b.
					 name and location of the permitted TSD facility;
c. a brief description of the wastes
					 involved;
d. a brief description of
					 the action authorized and reasons for authorizing it; and
e. duration of the emergency
					 permit;
6. shall
					 incorporate, to the extent possible and not inconsistent with the emergency
					 situation, all applicable and appropriate requirements of LAC 33:V.Subpart
					 1.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 7 - Administrative Procedures for Treatment, Storage, and Disposal Facility Permits › Subchapter A - Permits › Section V-705 - Issuance and Effective Date of Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. After the close of the public comment
					 period under LAC 33:V.707 on a draft permit, the administrative authority shall
					 issue a final permit decision (or a decision to deny a permit for the active
					 life of a hazardous waste management facility or TSD unit under LAC 33:V.706).
					 The administrative authority shall notify the applicant and each person who has
					 submitted written comments or requested notice of the final permit decision.
					 This notice shall include reference to the procedures for appealing a decision.
					 For the purpose of this Section, a final permit decision means a final decision
					 to issue, deny, modify or revoke and reissue, or terminate a permit.
B. A final permit decision (or a decision to
					 deny a permit for the active life of a hazardous waste management facility or
					 TSD unit under LAC 33:V.706) shall become effective upon issuance, unless:
1. a later effective date is specified in the
					 decision;
2. review is requested
					 under
					 R.S.
					 30:2024, in which case effectiveness of
					 permit conditions shall be governed by LAC 33:I.Chapter 4;
3. no comments requested a change in the
					 draft permit, in which case the permit shall become effective immediately upon
					 issuance.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 7 - Administrative Procedures for Treatment, Storage, and Disposal Facility Permits › Subchapter A - Permits › Section V-706 - Permit Denial

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 administrative authority may, pursuant to the procedures in LAC 33:V.Chapter 7,
					 deny the permit application either in its entirety or as to the active life of
					 a hazardous waste management facility or TSD unit only.
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 7 - Administrative Procedures for Treatment, Storage, and Disposal Facility Permits › Subchapter B - Hearings › Section V-707 - Public Comments and Requests for Public Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. During the public comment period provided
					 under LAC 33:V.715, any interested person may submit written comments on the
					 draft permit or the permit application and may request a public hearing, if no
					 hearing has already been scheduled. A request for a public hearing shall be in
					 writing and shall state the nature of the issues proposed to be raised in the
					 hearing. All comments shall be considered in making the final decision and
					 shall be answered as provided in LAC 33:V.707.B.
B. Response to Comments. At the time that any
					 final permit decision is issued, the administrative authority shall issue a
					 response to comments.
1. This response shall
					 specify which provisions, if any, of the draft permit have been changed in the
					 final permit decision, and the reasons for the change, and briefly describe and
					 respond to all significant comments on the draft permit or the permit
					 application raised during the public comment period, or during any
					 hearing.
2. The response to
					 comments shall be available to the public.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 7 - Administrative Procedures for Treatment, Storage, and Disposal Facility Permits › Subchapter B - Hearings › Section V-709 - Evidentiary Hearings on Operating Permit Applications for Commercial Hazardous Waste Treatment, Storage, Disposal, or Recycling Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
					 an evidentiary hearing is to develop a record of facts, documents, testimony,
					 and pleadings for submission to the administrative authority for consideration
					 in making a permit decision.
B.
					 Applicability
1. An evidentiary hearing shall
					 be held after the technical review of an initial permit application for the
					 operation of a proposed, nonexistent commercial hazardous waste treatment,
					 storage, disposal, or recycling facility.
2. An evidentiary hearing may be held after
					 the technical review of a permit application, other than an initial application
					 for a proposed, nonexistent facility, for the operation of a commercial
					 hazardous waste treatment, storage, disposal, or recycling facility upon a
					 determination by the administrative authority that the hearing would be
					 beneficial in making a permit decision. Considerations by the administrative
					 authority in making this determination include, but are not limited to,
					 fact-finding or clarification of issues.
3. Permit applications for which evidentiary
					 hearings may be held pursuant to Paragraph B.2 of this Section include, but are
					 not limited to:
a. initial permit
					 applications for interim status facilities;
b. renewal permit applications for existing
					 facilities; and
c. major
					 modification (Class 2 or 3) applications for existing facilities (including
					 requests for conversion of noncommercial status to commercial
					 status).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 7 - Administrative Procedures for Treatment, Storage, and Disposal Facility Permits › Subchapter B - Hearings › Section V-711 - Public Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Applicability
1. The administrative authority
					 shall hold a public hearing whenever written notice of opposition to a draft
					 permit and a request for a hearing are received within 45 days of the public
					 hearing notice. Whenever practicable, the administrative authority shall
					 schedule a hearing under this Section at a location convenient to the nearest
					 population center to the proposed facility.
2. The administrative authority may also hold
					 a public hearing at his or her discretion whenever, for instance, such a
					 hearing might clarify one or more issues involved in the permit
					 decision.
3. Public notice of the
					 hearing shall be given as specified in LAC 33:V.713.A.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 7 - Administrative Procedures for Treatment, Storage, and Disposal Facility Permits › Subchapter C - Public Notice of Permit Actions and Public Comment Period › Section V-713 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 administrative authority shall give public notice that the following actions
					 have occurred:
1. a permit application has
					 been tentatively denied under LAC 33:V.703.C.2;
2. a draft permit has been prepared under LAC
					 33:V.703.C.3;
3. a hearing has been
					 scheduled under LAC 33:V.711.A; or
4. an appeal has been granted under LAC
					 33:V.323.A.3.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 7 - Administrative Procedures for Treatment, Storage, and Disposal Facility Permits › Subchapter C - Public Notice of Permit Actions and Public Comment Period › Section V-715 - Timing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Public notice of
					 the preparation of a draft permit (including a notice of intent to deny a
					 permit application) required under LAC 33:V.703.C.2 and 703.C.4 shall allow at
					 least 45 days for public comment.
B. Public notice of a public hearing shall be
					 given at least 45 days before the hearing. (Public notice of the hearing may be
					 given at the same time as public notice of the draft permit and the two notices
					 may be combined.)
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						30:2180 et
						seq.