La. Admin. Code tit. 33 § V-2707

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-2707 - Treatment Demonstration

A. For each waste that will be applied to the treatment zone, the owner or operator must demonstrate, prior to application of the waste, that hazardous constituents in the waste can be completely degraded, transformed, or immobilized in the treatment zone.

B. In making this demonstration, the owner or operator may use field tests, laboratory analyses, available data, or in the case of existing units, operating data. If the owner or operator intends to conduct field tests or laboratory analyses in order to make the demonstration required under LAC 33:V.2707.A, he must obtain a treatment or disposal permit as specified in LAC 33:V.305.D. The administrative authority will specify in this permit the testing, analytical, design, and operating requirements (including the duration of the tests and analyses, and in the case of field tests, the horizontal and vertical dimensions of the treatment zone, monitoring procedures, closure and clean-up activities) necessary to meet the requirements in LAC 33:V.2707.C.

C. Any field test or laboratory analysis conducted in order to make a demonstration under LAC 33:V.2707.A must:

1. accurately simulate the characteristics and operating conditions for the proposed land treatment unit including:

a. the characteristics of the waste (including the presence of constituents in LAC 33:V.3105, Table 1);

b. the climate in the area;

c. the topography of the surrounding area;

d. the characteristics of the soil in the treatment zone (including depth); and

e. the operating practices to be used at the unit;

2. be likely to show that hazardous constituents in the waste to be tested will be completely degraded, transformed, or immobilized in the treatment zone of the proposed land treatment unit; and

3. be conducted in a manner that protects human health and the environment considering:

a. the characteristics of the waste to be tested;

b. the operating and monitoring measures taken during the course of the test;

c. the duration of the test;

d. the volume of waste used in the test;

e. in the case of field tests, the potential for migration of hazardous constituents to groundwater or surface water.

D. Permits for Land Treatment Demonstrations Using Field Tests or Laboratory Analyses

1. For the purpose of allowing an owner or operator to meet the treatment demonstration requirements of LAC 33:V.2707, the administrative authority may issue a treatment demonstration permit. The permit must contain only those requirements necessary to meet the standards in LAC 33:V.2707.C. The permit may be issued either as a treatment or disposal permit covering only the field test or laboratory analyses, or as a two-phase facility permit covering the field tests or laboratory analyses and design, construction, operation and maintenance of the land treatment unit.

a. The administrative authority may issue a two-phase facility permit if he finds that, based on information submitted in Part II of the application, substantial, although incomplete or inconclusive, information already exists upon which to base the issuance of a facility permit.

b. If the administrative authority finds that not enough information exists upon which he can establish permit conditions to attempt to provide for compliance with all of the requirements of this Chapter, he must issue a treatment demonstration permit covering only the field test or laboratory analyses.

2. If the administrative authority finds that a phased permit may be issued, he will establish, as requirements in the first phase of the facility permit, conditions for conducting the field tests or laboratory analyses. These permit conditions will include design and operating parameters (including the duration of the tests or analyses and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone), monitoring procedures, post-demonstration clean-up activities, and any other conditions which the administrative authority finds may be necessary under LAC 33:V.2707.C. The administrative authority will include conditions in the second phase of the facility permit to attempt to meet all requirements of this Chapter pertaining to unit design, construction, operation and maintenance. The administrative authority will establish these conditions in the second phase of the permit based upon the substantial but incomplete or inconclusive information contained in the Part II application.

a. The first phase of the permit will be effective as provided in LAC 33:V.705.B.

b. The second phase of the permit will be effective as provided in LAC 33:V.2707.D.4.

3. When the owner or operator who has been issued a two-phase permit has completed the treatment demonstration, he must submit to the Office of Environmental Services a certification, signed by a person authorized to sign a permit application or report under LAC 33:V.507 and 509, that the field tests or laboratory analyses have been carried out in accordance with the conditions specified in phase one of the permit for conducting such tests or analyses. The owner or operator must also submit all data collected during the field tests or laboratory analyses within 90 days of completion of those tests or analyses unless the administrative authority approves a later date.

4. If the administrative authority determines that the results of the field tests or laboratory analyses meet the requirements of LAC 33:V.2707, he or she will modify the second phase of the permit to incorporate any requirements necessary for operation of the facility in compliance with this Chapter, based upon the results of the field tests or laboratory analyses.

a. This permit modification may proceed under LAC 33:V.321.C, or otherwise will proceed as a modification under LAC 33:V.323.B.2.c. If such modifications are necessary, the second phase of the permit will become effective only after those modifications have been made.

b. If no modifications of the second phase of the permit are necessary, the administrative authority will give notice of his or her final decision to the permit applicant and to each person who submitted written comments on the phased permit or who requested notice of the final decision on the second phase of the permit. The second phase of the permit then will become effective as specified in LAC 33:V.705.B.

c. If modifications under LAC 33:V.323.B are necessary, the second phase of the permit will become effective only after those modifications have been made.

La. Admin. Code tit. 33, § V-2707

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 16:614 (July 1990), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2481 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2461 (October 2005), LR 33:2112 (October 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.