La. Admin. Code tit. 33 § V-2241

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

Section V-2241 - Exemptions to Allow Land Disposal of a Prohibited Waste except by Deep Well Injection

A. Any person seeking an exemption to allow land disposal except by deep well injection of a prohibited hazardous waste in a particular unit or units must submit a petition to the Office of Environmental Services that meets the following requirements.

1. The petition must show that no economically or environmentally reasonable alternative to land disposal is available, and that where feasible the waste has undergone treatment by being stabilized, solidified, or encapsulated, or through approved land treatment technique. No exemption shall be granted to a generator for the land disposal of a waste stream if the waste stream can reasonably be eliminated or significantly reduced through waste reduction.

2. The petition must demonstrate, to a reasonable degree of certainty, that no hazardous constituents will migrate from the disposal unit for as long as the wastes remain hazardous. Migration prohibited by this Section includes migration into the air, land, or water. For the purpose of this Section, no migration means the waste is permanently confined within a department approved hazardous waste containment system.

B. Reserved.

C. The showing referred to in LAC 33:V.2241.A.1 must meet the following criteria.

1. The petitioner must show that he or she has made a good-faith effort, using economically and technically feasible and environmentally sound methods, to provide for use, reuse, reclamation, or other recycling of the waste other than for a use constituting disposal.

2. For each waste stream the petitioner must show that he or she has a program or plan in effect to reduce the volume and toxicity of the waste he or she generates and that he or she has sought out the best available technology to reduce the toxicity, corrosiveness, virulent or infectious character, and volume of the waste and that the waste cannot be further reduced through production modifications, nor can the waste or specific constituents of the waste be reclaimed or reused. The plan shall include:

a. a schedule of implementation and anticipated reductions in quantity and toxicity;

b. a list of technical process reductions considered and those rejected and the reasons for the rejections; and

c. an analysis of the impact of the reduction program or plan on all operations of the facility affecting the environment, including air and water discharges.

3. The petitioner must sign and present to the administrative authority the following certification.

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this waste-reduction plan and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment."

4. The petitioner must submit a report describing in detail the efforts undertaken since 1984 to reduce the volume and toxicity of waste generated. The report shall provide data indicating the change in volume and toxicity of waste actually achieved during each year in comparison to previous years, to the extent that such information is available. The report shall also document for each hazardous waste stream proposed for disposal in a land disposal unit a waste reduction analysis (WRA) showing that the petitioner has considered the economic and technical feasibility of alternative disposal methods in the following order: reduction, recycling, treatment, and disposal. The WRA must include:

a. an analysis of alternatives considered;

b. the costs of alternatives considered;

c. an assessment of the impact on other operations of the facility affecting the environment, including impacts on air and water discharges; and

d. a description of the availability of alternate capacity for use of alternative technologies.

D. The demonstration submitted by the petitioner referred to in LAC 33:V.2241.A.2 must include the following components:

1. an identification of the specific waste and specific unit for which the demonstration will be made;

2. a waste analysis to describe fully the chemical and physical characteristics of the subject waste;

3. a comprehensive characterization of the disposal unit site, including an analysis of background air, soil, and water quality;

4. a monitoring plan which will detect migration from the disposal unit at the earliest practicable time; and

5. sufficient information to assure the administrative authority that the owner or operator of a land disposal unit receiving prohibited waste(s) will comply with other applicable federal, state, and local laws.

E. The demonstration referred to in LAC 33:V.2241.A.2 must meet the following criteria.

1. All waste and environmental sampling, test, and analytical data must be accurate and reproducible to the extent that state-of-the-art techniques allow.

2. The administrative authority must approve all sampling, testing, and estimation techniques for chemical and physical properties of the waste and all environmental parameters.

3. Simulation models must be calibrated for the specific waste and site conditions, and verified for accuracy by comparison with actual measurements.

4. A quality assurance and quality control plan that addresses all aspects of the demonstration must be approved by the administrative authority.

5. An analysis must be performed to identify and quantify any aspects of the demonstration that contribute to uncertainty. This analysis must include an evaluation of the consequences of predictable future events, including, but not limited to, earthquakes, floods, severe storm events, droughts, or hurricanes or other natural phenomena.

F. Each petition referred to in LAC 33:V.2241.A must include the following.

1. A monitoring plan must be submitted that describes the monitoring program installed at and/or around the unit to verify continued compliance with the conditions of the exemption. The plan must provide information on the monitoring of the unit and/or the environment around the unit, including the following specific information:

a. the media monitored in cases where monitoring of the environment around the unit is required;

b. the type of monitoring conducted at the unit in cases where monitoring of the unit is required;

c. the location of the monitoring stations;

d. the monitoring interval (frequency of monitoring at each station);

e. the specific hazardous constituents to be monitored;

f. the implementation schedule for the monitoring program;

g. the equipment used at the monitoring station;

h. the sampling and analytical techniques employed;

i. the data recording/reporting procedures; and

j. the specific criteria and steps to be used to determine if hazardous constituents have migrated.

2. Where applicable, the administrative authority will specify as part of his or her approval of the petition the length of time that the monitoring program described in Paragraph F.1 of this Section must be in place before prohibited waste is received at the unit.

3. The monitoring data collected according to the monitoring plan specified under Paragraph F.1 of this Section must be sent to the administrative authority according to a format and schedule specified and approved in the monitoring plan.

4. A copy of the monitoring data collected under the monitoring plan specified under Paragraph F.1 of this Section must be kept on-site at the facility in the operating record.

5. The monitoring program specified under Paragraph F.1 of this Section shall meet the following criteria.

a. All sampling, testing, and analytical methods must be approved by the administrative authority and must provide accurate and reproducible data.

b. All estimation and modeling techniques must be approved by the administrative authority.

c. A quality assurance and quality control plan addressing all aspects of the monitoring program must be provided to and approved by the administrative authority.

G. Each petition must be submitted to the Office of Environmental Services.

H. After a petition has been approved, the owner or operator must report any changes in conditions at the unit and/or the environment around the unit that depart from the conditions described in the exemption and that affect the potential for migration of hazardous constituents from the units as follows.

1. If the owner or operator plans to make changes to the unit design, construction, or operation, such changes must be proposed in writing, and the owner or operator shall submit a demonstration to the Office of Environmental Services at least 30 days before making the changes. The administrative authority will determine whether the proposed changes invalidate the terms of the petition and will determine the appropriate response. Any changes must be approved by the administrative authority prior to being made.

2. If the owner or operator discovers that a condition at the site that was modeled or predicted in the petition does not occur as predicted, this change must be reported, in writing, to the Office of Environmental Services within 10 days of discovery of the change. The administrative authority will determine whether the reported change from the terms of the petition requires further action, which may include termination of waste acceptance and revocation of the petition or petition modifications, or other responses.

I. If the owner or operator determines that hazardous constituent(s) are migrating from the unit, the owner or operator must immediately suspend receipt of prohibited wastes at the unit and notify the Office of Environmental Compliance within 24 hours and in writing within 10 days of the determination that a release has occurred. Following receipt of the notification, the administrative authority will determine within 60 days of receiving notification whether the owner or operator can continue to receive prohibited wastes in the unit and whether the exemption is to be revoked. The administrative authority shall also determine whether further examination of any migration is warranted under applicable provisions of LAC 33:V.Chapter 33 or 43.

J. Each petition must include the following statement signed by the petitioner or a duly authorized representative and must be submitted to the Office of Environmental Services.

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this petition and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment."

K. After receiving a petition, the administrative authority may request any additional information that may be reasonably required to evaluate the demonstration.

L. A petition submitted in accordance with this Section must apply to land disposal of the specific prohibited waste at the individual disposal unit described in the showing and demonstration and will not apply to any other prohibited waste at that disposal unit or to that specific prohibited waste at any other disposal unit.

M. The administrative authority will give public notice of the intent to approve or deny a petition and will provide an opportunity for public comment in accordance with LAC 33:V.Chapter 7.Subchapter C and LAC 33:V.2243. Notice will also be given when a final decision on a petition is issued.

N. The term of an exemption granted under this Section shall be no longer than the term of the final operating permit if the disposal unit is operating under a final operating permit, or up to a maximum of five years from the date of approval if the unit is operating under interim status. In either case, the term of the exemption granted shall expire upon the termination, revocation, or denial of a final operating permit or upon the termination of interim status or when the volume limit of waste to be land disposed during the term of petition is reached. The exemption must be reviewed at least once every three years.

O. During the petition review process, the applicant is required to comply with all prohibitions on land disposal under this Chapter, unless a petition for an exemption has been approved by the EPA, and the administrative authority grants an emergency variance. If EPA has approved the exemption, the land disposal of the waste may continue for up to one year under an emergency variance issued by the administrative authority until the administrative authority makes a decision on the petition for exemption. In no case shall an emergency variance extend beyond one year after the date of issuance. After the administrative authority issues a decision on the exemption, the waste may be land disposed only in accordance with the provisions of the exemption.

P. The petition granted by the administrative authority does not relieve the petitioner from compliance with all other applicable regulations.

Q. Liquid hazardous wastes containing PCBs at concentrations greater than or equal to 50 ppm are not eligible for an exemption under this Section.

R. As a condition of the exemption, the petitioner must submit a report to the Office of Environmental Services by March 1 of each calendar year during the term of the exemption that describes in detail the efforts undertaken during the preceding calendar year to reduce the volume and toxicity of the waste generated. The report shall provide data indicating the change in volume and toxicity of waste actually achieved during the year in comparison to previous years.

S. Whenever the administrative authority determines that the basis for approval of a petition may no longer be valid, he or she shall require a new demonstration in accordance with this Section.

T. Termination of an Approved Petition

1. The administrative authority may terminate an exemption granted under this Section for the following causes:

a. noncompliance by the petitioner with any condition of the exemption;

b. the petitioner's failure in the petition or during the review and approval to disclose fully all relevant facts, or the petitioner's misrepresentation of any relevant facts at any time; or

c. a determination that new information shows that the basis for approval of the petition is no longer valid.

2. The administrative authority shall terminate an exemption granted under this Section for the following cause: the petitioner's willful withholding during the review and approval of the petition of facts directly and materially relevant to the administrative authority's decision on the petition.

3. The administrative authority shall follow the procedures in LAC 33:V.323 in terminating any exemption under this Section.

La. Admin. Code tit. 33, § V-2241

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 15:378 (May 1989), amended LR 16:220 (March 1990), LR 16:1057 (December 1990), LR 17:658 (July 1991), LR 22:22 (January 1996), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:1727 (September 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2477 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2458 (October 2005), LR 33:2109 (October 2007), Amended by the Office of the Secretary, Legal Division, LR 431144 (6/1/2017).

NOTE: Persons obtaining an exemption to allow land disposal except by deep well injection of a prohibited hazardous waste in a particular unit or units must submit a petition to the EPA administrator or designee in accordance with 40 CFR 268.6.

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