La. Admin. Code tit. 33 § V-303

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

Section V-303 - Overview of the Permit Program

A. General Application Requirements

1. Permit Application. Any person who is required to have a permit (including new applicants and permittees with expiring permits) shall complete, sign, and submit an application to the Office of Environmental Services, as described in this Section and LAC 33:V.4301, 4303, and 4305. Persons currently authorized with interim status shall apply for permits when required by the administrative authority. Persons covered by permits by rule (LAC 33:V.305.D) need not apply. Procedures for applications, issuance, and administration of emergency permits are found exclusively in LAC 33:V.701 and 703. Procedures for application, issuance, and administration of research, development, and demonstration permits are found exclusively in LAC 33:V.329.

2. No later than 90 days after the promulgation or revision of these regulations, all generators and transporters of hazardous waste, and all owners or operators of hazardous waste treatment, storage, or disposal facilities must file or have on file a notification of that activity using Notification Form HW-1, available from the Office of Environmental Services or through the department's website. For generators of hazardous waste, the Notification Form HW-1 shall be deemed a registration upon acceptance and approval by the administrative authority.

3. The administrative authority shall not begin the processing of a permit until the applicant has fully complied with the application requirements for that permit. See this Chapter and LAC 33:V.Chapter 5 for permit standards and requirements for the contents of permit applications.

4. Permit applications must comply with the signature and certification requirements of LAC 33:V.507 and 513.

B. Treatment, storage, or disposal of hazardous waste is prohibited by any person who has not received an interim status or a standard permit.

C. A hazardous waste permit application consists of two parts.

1. Part I requirements are listed in LAC 33:V.515.

2. Part II requirements are listed in LAC 33:V.517.

D. No facility may be used to treat, store, and/or dispose of hazardous waste without a permit for the specific activities, procedures, and classification of waste handled as outlined in their permit, or in emergency situations under the direction of the administrative authority as provided in LAC 33:V.701 or 703.

E. Requirements for Existing TSD Facilities

1. Owners and operators of existing TSD facilities must submit Part I of their permit application requirements listed in LAC 33:V.515 to the administrative authority no later than 30 days after the date they first become subject to the permitting standards set forth in LAC 33:V.Subpart 1. Generators generating greater than 100 kg, but less than 1000 kg, of hazardous waste in a calendar month who treat, store, or dispose of these wastes on-site must submit a Part I RCRA permit application by March 24, 1987.

2. The owner or operator of an existing TSD facility may be required to submit a permit application at any time. Any owner or operator shall be allowed at least six months from the date of request to submit the application. Any owner or operator of an existing TSD facility may voluntarily submit the application at any time.

3. The administrative authority may by compliance order extend the date by which the owner or operator of an existing TSD facility must submit a permit application. In no instance will the administrative authority grant an extension of permit submission for more than 180 days.

4. Failure to furnish a requested Part II application on time, or to finish in full the information required by the Part II application, is grounds for termination of interim status under LAC 33:V.Chapter 43.

F. Part II Formal Permit Application. The formal permit application must follow all outline, numbering system, and other format requirements established by the administrative authority.

G. Requirements for Interim Status Facilities. Facility owners and operators with interim status must comply with interim status standards set forth in LAC 33:V.Chapter 43.

H. Requirements for New TSD Facilities. Owners or operators of new TSD facilities must submit Part I and Part II of the permit application at least 180 days before physical construction is expected to commence except as provided in LAC 33:V.303.H.3.

1. No person shall begin physical construction of a new TSD facility or begin major modifications to an existing facility without having submitted Parts I and II of the permit application and received a final effective TSD permit.

2. An application for a permit for a new TSD facility (including both Parts I and II) may be filed any time after promulgation of these standards, applicable to such facility. The application shall be filed with the Office of Environmental Services.

3. Notwithstanding LAC 33:V.303.H.1, a person may construct a facility for the incineration of polychlorinated biphenyls pursuant to and after an approval issued by the administrative authority under Section (6)(e) of the Toxic Substances Control Act, and any person owning or operating such a facility shall, at any time after construction or operation of such a facility has begun, file an application for a RCRA permit to incinerate hazardous waste authorizing such facility to incinerate waste identified or listed under LAC 33:V.Chapter 49.

4. A new facility must obtain an EPA identification number. EPA identification numbers will be issued only by the EPA. However, application for an EPA Identification Number shall be made by completing the Hazardous Waste Notification form provided by the Office of Environmental Services.

I. No new facility or major modification of an existing facility may commence treatment, storage, or disposal of hazardous waste until the facility is complete and:

1. the permittee has submitted to the administrative authority by certified mail or hand delivery a letter signed by the permittee and an engineer licensed in Louisiana stating that the facility is complete and built in accordance with terms of the permit; and

2. the facility has been inspected by the department following a "request to make final inspection'' by the operator, and an order to proceed is issued.

J. Timely Permit Submission. Failure to furnish a requested application on time or failure to furnish in full the information required by the application is grounds for termination of interim status.

K. Updating Permit Applications

1. If any owner or operator of a TSD facility has filed Part I of the permit application and has not yet filed a Part II permit application, the owner or operator shall file an amended Part I permit application.

2. The owner or operator of a facility who fails to comply with the updating requirements of LAC 33:V.303.K may be subject to termination of interim status with respect to those wastes not reported in duly filed notifications.

L. Incomplete Applications. Applications which lack information necessary for proper evaluation will be returned by the administrative authority to the operator within 60 days of receipt of application with a list of additional data required and the timeframe for submission of additional data.

M. Completeness. The administrative authority shall not issue a permit before receiving a complete application for a permit except for permits by rule, or emergency permits. An application for a permit is complete when the administrative authority receives an application form and any supplemental information which are completed to his or her satisfaction. An application for a permit is complete notwithstanding the failure of the owner or operator to submit the exposure information described in LAC 33:V.303.P. The administrative authority may deny a permit for the active life of a hazardous waste management facility or unit before receiving a complete application for a permit. Applications which are complete will be accepted for review. Operators will be notified of such acceptance for review within 60 days of receipt of application.

N. Reapplications. Any TSD facility with an effective permit shall submit a new permit application at least 180 days before the expiration date of the effective permit, unless permission for later filing is granted by the administrative authority. (The administrative authority shall not grant permission for applications to be submitted later than the expiration date of the existing permit.)

O. Application Submitted. All formal permit applications (Part II) shall be submitted in quintuplicate in the form presented in LAC 33:V.515, 517, 519, and 521 and in conformance with all requirements established by the administrative authority. An additional 15 copies shall be provided for any application upon which an evidentiary hearing is to be held by the administrative authority.

P. Exposure Information

1. After August 8, 1985, any Part II permit application submitted by an owner or operator of a facility that stores, treats, or disposes of hazardous waste in a surface impoundment or a landfill must be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such information must address:

a. reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit;

b. the potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described in LAC 33:V.303.P.1.a; and

c. the potential magnitude and nature of the human exposure resulting from such releases.

2. By August 8, 1985, owners and operators of a landfill or a surface impoundment who have already submitted a Part II application must submit the exposure information required in LAC 33:V.303.P.1.

Q. Other Information. The administrative authority may require a permittee or an applicant to submit relevant information in order to establish permit conditions under LAC 33:V.311.E-F and 315.

R. If the administrative authority concludes, based on one or more of the factors listed in Paragraphs R.1-9 of this Section, that compliance with the standards of 40 CFR Part 63, Subpart EEE, as incorporated by reference at LAC 33:III.5122, alone may not be protective of human health or the environment, the administrative authority shall require the additional information or assessment necessary to determine whether additional controls are necessary to ensure protection of human health and the environment. This includes information necessary to evaluate the potential risk to human health and/or the environment resulting from both direct and indirect exposure pathways. The administrative authority may also require a permittee or applicant to provide information necessary to determine whether such an assessment should be required. The administrative authority shall base the evaluation of whether compliance with the standards of 40 CFR Part 63, Subpart EEE, as incorporated by reference at LAC 33:III.5122, alone is protective of human health or the environment on factors relevant to the potential risk from a hazardous waste combustion unit, including, as appropriate, any of the following factors:

1. particular site-specific considerations such as proximity to receptors (such as schools, hospitals, nursing homes, day care centers, parks, community activity centers, or other potentially sensitive receptors), unique dispersion patterns, etc.;

2. identities and quantities of emissions of persistent, bioaccumulative, or toxic pollutants considering enforceable controls in place to limit those pollutants;

3. identities and quantities of nondioxin products of incomplete combustion most likely to be emitted and to pose significant risk based on known toxicities (confirmation of which should be made through emissions testing);

4. identities and quantities of other off-site sources of pollutants in proximity to the facility that significantly influence interpretation of a facility-specific risk assessment;

5. presence of significant ecological considerations, such as the proximity of a particularly sensitive ecological area;

6. volume and types of wastes, for example wastes containing highly toxic constituents;

7. other on-site sources of hazardous air pollutants that significantly influence interpretation of the risk posed by the operation of the source in question;

8. the adequacy of any previously conducted risk assessment, given any subsequent changes in conditions likely to affect risk; and

9. such other factors as may be appropriate.

La. Admin. Code tit. 33, § V-303

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 14:790 (November 1988), LR 16:220 (March 1990), LR 17:478 (May 1991), LR 17:658 (July 1991), LR 20:1000 (September 1994), LR 21:564 (June 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2466 (November 2000), LR 27:708 (May 2001), amended by the Office of Environmental Assessment, LR 30:2023 (September 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2453 (October 2005), LR 33:2099 (October 2007), LR 34:619 (April 2008).

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