La. Admin. Code tit. 33 § V-2231

Current through Register Vol. 50, No. 6, June 20, 2024

Section V-2231 - Variance from a Treatment Standard

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.

H. Each application for a site-specific variance from a treatment standard must include the information in LAC 33:V.105.H.2.

I. After receiving an application for a site-specific variance from a treatment standard, the administrative authority or his delegated representative may request any additional information or samples which may be required to evaluate the application.

J. A generator, treatment facility, or disposal facility that is managing a waste covered by a site-specific variance from a treatment standard must comply with the waste analysis requirements for restricted wastes found under LAC 33:V.2245 and 2247.

K. During the application review process the applicant for a site-specific variance must comply with all restrictions on land disposal under LAC 33:V.2231 once the effective date for the waste has been reached.

L. The facilities listed in LAC 33:V.2299.Appendix, Table 10 are excluded from the treatment standard under LAC 33:V.2299.Appendix, Table 2 and are subject to the constituent concentrations.

M. For all variances the petitioner must also demonstrate that compliance with any given treatment variance is sufficient to minimize threats to human health and the environment posed by land disposal of the waste. In evaluating this demonstration, the department may take into account whether a treatment variance should be approved if the subject waste is to be used in a manner constituting disposal in accordance with LAC 33:V.Chapter 41.Subchapter C.

La. Admin. Code tit. 33, § V-2231

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 15:378 (May 1989), amended LR 16:1057 (December 1990), LR 17:658 (July 1991), LR 21:266 (March 1995), LR 21:1334 (December 1995), LR 22:22 (January 1996), amended by the Office of Waste Services, Hazardous Waste Division, LR 25:445 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2476 (November 2000), LR 27:1015 (July 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2458 (October 2005), LR 33:2108 (October 2007), Amended by the Office of the Secretary, Legal Division, LR 431144 (6/1/2017).

NOTE: Persons obtaining a non-site-specific variance from a treatment standard must submit a petition to the EPA administrator or designee in accordance with 40 CFR 268.44.

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