La. Admin. Code tit. 33 § V-2604

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

Section V-2604 - Temporary Units (TU)

A. For temporary tanks and container storage areas used to treat or store hazardous remediation wastes during remedial activities required under LAC 33:V.3322 or RCRA Section 3008(h), or at a permitted facility that is not subject to LAC 33:V.3322, the administrative authority may designate a unit at the facility as a temporary unit. A temporary unit must be located within the contiguous property under the control of the owner/operator where the wastes to be managed in the temporary unit originated. For temporary units, the administrative authority may replace the design, operating, or closure standard applicable to these units under LAC 33:V.Chapters 10, 11, 15-21, 23-29, 31-37, and 43 with alternative requirements which protect human health and the environment.

B. Any temporary unit to which alternative requirements are applied in accordance with LAC 33:V.2603.A shall be:

1. located within the facility boundary; and

2. used only for treatment or storage of remediation wastes.

C. In establishing standards to be applied to a temporary unit, the administrative authority shall consider the following factors:

1. length of time such unit will be in operation;

2. type of unit;

3. volumes of wastes to be managed;

4. physical and chemical characteristics of the wastes to be managed in the unit;

5. potential for releases from the unit;

6. hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases; and

7. potential for exposure of humans and environmental receptors if releases were to occur from the unit.

D. The administrative authority shall specify in the permit or order the length of time which a temporary unit will be allowed to operate to be no longer than a period of one year. The administrative authority shall also specify the design, operating, and closure requirements for the unit.

E. The administrative authority may extend the operational period of a temporary unit once for no longer than a period of one year beyond that time originally specified in the permit or order, if the administrative authority determines that:

1. continued operation of the unit will not pose a threat to human health and the environment; and

2. continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.

F. Incorporation of a temporary unit or a time-extension for a temporary unit into an existing permit shall be:

1. approved in accordance with the procedures for department-initiated permit modifications under LAC 33:V.323; or

2. requested by the owner/operator as a Class II modification according to the procedures under LAC 33:V.321.

G. The administrative authority shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and shall make such documentation available to the public.

La. Admin. Code tit. 33, § V-2604

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 21:266 (March 1995), amended LR 21:944 (September 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:285 (February 2000), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46938 (7/1/2020).

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