La. Admin. Code tit. 33 § I-1305

Current through Register Vol. 50, No. 8, August 20, 2024

Section I-1305 - Applicability

A. Except as is otherwise specifically provided by statute, rule, or permit, this Chapter establishes the minimum technical requirements to evaluate and/or remediate sites that have been affected by constituents of concern including, without limitation, those sites and activities subject to:

1. the Louisiana Environmental Quality Act, R.S. 30:2001 et seq.;

2. the federal Resource Conservation and Recovery Act (RCRA), as amended by Hazardous and Solid Waste Amendments (HSWA), 42 U.S.C. 6901 et seq.; and

3. the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (CERCLA), 42 U.S.C. 9601 et seq.

B. This Chapter shall not apply to activities conducted in accordance with corrective action plans, closure plans, or closure standards that were approved by the department prior to December 20, 1998, except when modification of such a plan is deemed by the department to be necessary to protect human health or the environment or when modification of such a plan is otherwise allowed or required by the department in accordance with law.

C. This Chapter shall not apply to:

1. current spills that:

a. do not require notification under LAC 33:I.Chapter 39;

b. are remediated as soon as practicable, but not more than 30 days, after learning of the discharge; and

c. are remediated in a manner that will ensure protection of human health and the environment;

2. spills that create emergency conditions, as defined in LAC 33:I.3905, but do not exceed a reportable quantity, provided conditions specified in Subparagraphs C.1.b-c of this Section are met;

3. spills solely to air; and

4. current spills over the reportable quantity that require notification under LAC 33:I.Chapter 39, that are remediated promptly in a manner protective of human health and the environment, provided that:

a. the spill is remediated as soon as practicable, but not more than 30 days, after learning of the discharge;

b. notification is made in accordance with LAC 33:I.Chapter 39; and

c. the written report required by LAC 33:I.Chapter 39, or a subsequent follow-up report, documents that the material has been removed to a level that will ensure protection of human health and the environment:

i. such documentation may include confirmatory sampling, use of organic vapor monitoring devices or, where appropriate (such as where the spill is of a dark material and/or is very small), visual confirmation;

ii. upon review of the reported cleanup documentation, the department may require a complete RECAP evaluation if the department determines that the actions taken do not adequately ensure protection of human health and the environment.

La. Admin. Code tit. 33, § I-1305

Promulgated by the Department of Environmental Quality, Office of the Secretary, LR 24:2244 (December 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:1264 (June 2000), LR 29:2056 (October 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2272.1.