La. Admin. Code tit. 33 § V-4303

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

Section V-4303 - Changes during Interim Status

A. Except as provided in LAC 33:V.4303.B, the owner or operator of an interim status facility may make the following changes at the facility:

1. treatment, storage, or disposal of new hazardous wastes not previously identified in Part I of the permit application (and, in the case of newly listed or identified wastes, addition of the units being used to treat, store, or dispose of the hazardous wastes on the effective date of the listing or identification) if the owner or operator submits a revised Part I permit application prior to such treatment, storage, or disposal;

2. increases in the design capacity of processes used at the facility if the owner or operator submits a revised Part I permit application prior to such a change (along with a justification explaining the need for the change) and the administrative authority approves the changes because:

a. there is a lack of available treatment, storage, or disposal capacity at other hazardous waste management facilities; or

b. the change is necessary to comply with a federal, state, or local requirement;

3. changes in the processes for the treatment, storage, or disposal of hazardous waste or addition of processes if the owner or operator submits a revised Part I permit application prior to such change (along with a justification explaining the need for the change) and the administrative authority approves:

a. the change is necessary to prevent a threat to human health and the environment because of an emergency situation; or

b. the change is necessary to comply with a federal, state, or local requirement;

4. changes in the ownership or operational control of a facility, which shall be done in accordance with LAC 33:I.Chapter 19;

5. changes made in accordance with an interim status corrective action order issued by EPA under Section 3008(h) of RCRA or other federal authority, or by a court in a judicial action brought by EPA. Changes under this Paragraph are limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility;

6. addition of newly regulated units for the treatment, storage, or disposal of hazardous waste if the owner or operator submits a revised Part I permit application on or before the date on which the unit becomes subject to the new requirements.

B. Except as specifically allowed under this Section, changes listed under LAC 33:V.4303.A may not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds 50 percent of the capital cost of a comparable entirely new hazardous waste management facility. If all other requirements are met, the following changes may be made even if they amount to a reconstruction:

1. changes made solely for the purposes of complying with the requirements of LAC 33:V.4437 for tanks and ancillary equipment;

2. if necessary to comply with federal, state, or local requirements, changes to an existing unit, changes solely involving tanks or containers, or addition of replacement surface impoundments that satisfy the standards of LAC 33:V.Chapters 15, 19, 21, or 29;

3. changes that are necessary to allow owners or operators to continue handling newly listed or identified hazardous wastes that have been treated, stored, or disposed of at the facility prior to the effective date of the rule establishing the new listing or identification;

4. changes during closure of a facility or of a unit within a facility made in accordance with an approved closure plan;

5. changes necessary to comply with an interim status corrective action order issued by EPA under Section 3008(h) of RCRA or other federal authority, or by a court in a judicial proceeding brought by EPA, provided that such changes are limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility;

6. changes to treat or store, in tanks, containers, or containment buildings, hazardous wastes subject to land disposal prohibitions imposed by LAC 33:V.Chapter 22, provided that such changes are made solely for the purpose of complying with LAC 33:V.Chapter 22;

7. addition of newly regulated units under LAC 33:V.4303.A.6;

8. changes necessary to comply with standards under 40 CFR Part 63, Subpart EEE-National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors.

La. Admin. Code tit. 33, § V-4303

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 10:496 (July 1984), LR 13:433 (August 1987), LR 15:378 (May 1989), LR 16:220 (March 1990), LR 16:614 (July 1990), LR 17:658 (July 1991), LR 18:1375 (December 1992), LR 21:266 (March 1995), amended by the Office of Waste Services, Hazardous Waste Division, LR 25:484 (March 1999), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2430 (October 2005).

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