La. Admin. Code tit. 33 § VII-1004

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-1004 - CCR Permit Requirements

A. Permitting Requirements

1. Any person who processes and/or disposes of CCR shall submit a timely permit application as required under this Chapter and shall operate in compliance with all terms and conditions of the effective permit.

2. All permit application contents listed in LAC 33:VII.519 and all permit conditions listed in LAC 33:VII.529 shall apply for each permit issued under this Chapter.

3. All permits issued to CCR facilities shall be issued with an effective period not to exceed 10 years, and may be issued for a period of less than 10 years in accordance with LAC 33:VII.509.D.2.

a. A renewal application shall be submitted no later than 365 days prior to expiration of the permit in accordance with LAC 33:VII.509.D.2.a., once a permit has been issued for a facility.

b. Submittal of a timely permit renewal application shall administratively extend the effectiveness of the terms and conditions of the current permit until final action is taken on the renewal application.

4. Each facility processing and/or disposing of CCR subject material to the permitting requirements of this Chapter shall operate under a permit for the active life of the facility and duration of post-closure care, until such time the department deems closure and post-closure complete and terminates permit coverage.

5. The owner or operator shall obtain a permit modification in accordance with LAC 33:VII.517 prior to making a change in a CCR unit, or initiating any change that is a deviation from the specifications in 40 CFR Part 257, subpart D and/or the existing permit.

6. The owner/operator of any permitted CCR facility shall submit an application for a permit modification to incorporate any changes necessary to ensure that coal ash units continue to maintain compliance with revised federal CCR standards.

7. All proposed changes in ownership shall comply with the provisions specified in LAC 33:I.Chapter 19.

B. Permit Application Requirements

1. Each CCR permit renewal application or permit modification application shall contain the information required by application forms and instructions prescribed by the department, including the substantive information required by this Section and 40 CFR part 257 subpart D.

2. A new permit application or permit renewal application under this Chapter shall include information in LAC 33:VII.519 and 709.A.-D. All major permit modifications or minor permit modification applications under this Chapter shall be processed in accordance with LAC 33:VII.517.

3. All technical reports in an application shall be prepared and signed by a professional engineer licensed in the state of Louisiana.

4. All certifications and verifications executed by a licensed professional engineer in an application shall be accompanied by all material technical reports relied upon by the professional engineer licensed in the state of Louisiana for certification.

5. Maps shall be provided with the application. In addition, topographic, aerial, and facility layout maps shall be provided that visually describe surrounding features and facility layout and identify unit-related details.

6. The permit application shall include a verification that the design, construction, and operation of the CCR landfill, lateral expansion, or surface impoundment meet the requirements of 40 CFR 257.70-84.

7. Property owner information shall be provided in the application in accordance with LAC 33:VII.519.B.1.

8. Any fee required by LAC 33:VII.Chapter 15 shall be submitted with the permit application.

C. Geology

1. The application shall be prepared and signed in accordance with LAC 33:VII.801 and 803. It shall include a summary of the geologic conditions at the facility and the relation of the geologic units and aquifers to each CCR unit. In addition to the groundwater monitoring requirements of 40 CFR 257.90-98, the requirements of LAC 33:VII.805.A shall also apply.

2. Previously prepared documents shall be submitted by the permit applicant, unless otherwise instructed by the department, but shall be supplemented or updated, as necessary, to provide the requested information.

3. Sources and references for previously prepared documents for permit applications shall be provided.

D. An applicant shall submit documentation in the application demonstrating compliance with applicable land use and/or location restrictions, in accordance with 40 CFR 257.3-1-3-3 and 257.60-64.

E. Design Criteria

1. An applicant shall submit documentation in the permit application demonstrating compliance with applicable design criteria, in accordance with 40 CFR 257.70-74 .

a. The liner system beneath a new landfill, or any lateral expansion of a landfill under 40 CFR 257.70(b), shall include a composite geomembrane liner at least 30-mil thick that shall be installed directly above and in uniform contact with a 3 foot recompacted clay liner having a hydraulic conductivity no greater than 1x10^-7 cm/sec.

b. The liner system beneath a retrofitted or new surface impoundment shall meet the requirements of LAC 33:VII.1004.E.1.a. and include a composite geomembrane liner at least 30-mil thick installed directly above and in uniform contact with a 3 foot recompacted clay liner having a hydraulic conductivity no greater than 1x10^-7 cm/sec.

2. For new or lateral expansions of CCR landfill and surface impoundments, the owner or operator shall submit subsurface soil information. A sufficient number of borings shall be performed to establish the subsurface stratigraphy and determine geotechnical properties beneath the unit. The borings shall be to a sufficient depth to identify the uppermost aquifer and any underlying hydraulically interconnected aquifer. All borings shall be conducted in accordance with established field exploration methods. The subsurface soil information shall be prepared and included in the application and certified in accordance with 40 CFR Part 257 and LAC 33:VII.803. The subsurface soil information shall include:

a. a lithological description of all borings drilled at the unit location to test soils and characterize groundwater;

b. a unit map drawn to scale showing the surveyed locations and elevations of the borings and monitoring wells;

c. cross-sections prepared from the borings and monitoring wells depicting the generalized strata beneath the unit;

d. boring logs for all soil boring and monitoring wells, including a description of materials encountered and any discontinuities such as fractures, fissures, slickensides, lenses, or seams;

e. a description of the geotechnical data and geotechnical properties of the subsurface soil materials, including the suitability of the soils and strata for the intended uses; and,

f. a demonstration that all geotechnical tests were performed in accordance with industry practice and recognized procedures.

F. The applicant shall submit documentation in the permit application demonstrating compliance with Chapter 10 and 40 CFR Part 257, subpart D, including submittal of the most recent annual inspection report prepared pursuant to 40 CFR 257.83(b)(2) and 257.84(b)(2), certified by a professional engineer in the state of Louisiana.

G. Groundwater Monitoring Zone and Unit Siting

1. Facilities shall monitor the groundwater quality of the entirety of the uppermost aquifer, as defined in LAC 33:VII.1002.A., beneath the permitted unit on a semiannual basis.

a. Monitoring wells shall be installed at the facility in accordance with 40 CFR 257.91, and shall be completed and/or plugged and abandoned in accordance with LAC 33:VII.805.A.3.-6.

b. A sufficient number of wells shall be installed in the uppermost aquifer, to ensure the entirety of the zone is monitored. Depending on the thickness of the aquifer, monitoring wells may be required to be installed at the top of aquifer, middle of the aquifer, and/or bottom of the aquifer of use of well screens that encompass the length of the aquifer may be utilized, as long as well screens do not exceed 10 feet in length.

c. The geology beneath the permitted unit shall be characterized as well as the aquifer(s) beneath the permitted unit.

2. If there are statistically significant increases (SSIs) above background concentrations while in detection monitoring, or if there are statistically significant levels (SSLs) above groundwater protection standards while in assessment monitoring, the department may require the installation of additional monitoring wells in the next (deeper) aquifer(s). Additionally, vertical and horizontal delineation of the aquifer(s) shall be required.

a. If there are SSIs or SSLs then monitoring of the uppermost aquifer shall continue.

b. If there are SSIs or SSLs in any portion of the uppermost aquifer zone, monitoring wells shall be installed into the next (deeper) aquifer to ensure groundwater quality beneath the permitted unit.

c. If there are SSIs or SSLs in the aquifer beneath the uppermost aquifer, monitoring wells shall be installed in the next aquifer to determine and monitor groundwater quality beneath the permitted unit.

3. The facility shall monitor all aquifers with groundwater wells on a semiannual basis and address any contamination identified during the investigation/delineation conducted in accordance with Paragraph G.2. of this Section.

4. The base of the CCR unit (surface impoundments, new landfills, or lateral expansions of landfill) shall be at least 5 feet above the uppermost aquifer that is being monitored.

H. Groundwater Monitoring and Corrective Action Information in Permit Applications

1. An applicant shall submit or reference the following information in the permit application:

a. a description and details of the groundwater monitoring system that demonstrates compliance with the requirements of this Chapter; and

b. a description and details of the groundwater sampling and analysis program that demonstrates compliance with the requirements of this Chapter.

2. Detection Monitoring

a. The owner or operator shall submit sufficient information, such as supporting data, analyses, and where applicable, the most recent alternate source demonstration to support a detection monitoring program that meets the requirements of LAC 33:VII.1003.A.

b. In addition to the requirements of LAC 33:VII.1003.A, facilities shall comply with the notification requirements of LAC 33:VII.805.C.6.a.i and ii.

3. Assessment Monitoring

a. If any Appendix III constituents in 40 CFR Part 257 have been detected in the groundwater at SSIs above background concentrations, and no alternate source demonstration has been made before issuance of a permit modification required by LAC 33:VII.1003.B., the owner or operator to support an assessment monitoring program that meets the requirements of this Chapter shall submit:

i. sufficient information;

ii. supporting data; and

iii. analyses.

b. A facility may remain in detection monitoring if an alternate source demonstration is submitted for the SSIs and approved by the department within 90 days of detection of SSIs.

c. If an alternate source demonstration is still under review or additional investigation is ongoing 90 days after the detection of SSIs, the facility shall initiate the assessment monitoring requirements.

d. If the alternate source demonstration is denied, the facility shall initiate the assessment monitoring requirements.

e. In addition to the requirements of this Chapter, when a facility initiates assessment monitoring requirements, the facility shall submit an assessment work plan to the department in accordance with LAC 33:VII.805.D.6.

4. Corrective Action

a. If any Appendix IV constituents in 40 CFR Part 257 have been detected in the groundwater at SSLs above groundwater protection standards, the owner or operator shall submit:

i. sufficient information;

ii. supporting data; and

iii. analyses to establish a corrective action program that meets the requirements of this Chapter and 40 CFR 257.96-98.

b. A facility may remain in assessment monitoring if an alternate source demonstration for the SSLs is submitted and approved by the department within 90 days of identification of the SSLs.

c. If an alternate source demonstration is still under review or additional investigation is ongoing 90 days after the detection of SSLs, the facility shall initiate the corrective action monitoring requirements.

d. If the alternate source demonstration is denied, the facility shall initiate the corrective action requirements.

e. In addition to the requirements of this Chapter, when a facility initiates corrective action requirements, the facility shall submit a plan to the department in accordance with LAC 33:VII.805.D.7.

I. Groundwater Monitoring Parameters

1. A facility shall collect semiannual samples for the parameters set forth in 40 CFR Part 257, Appendix III for detection monitoring.

2. A facility in assessment monitoring shall collect semiannual samples for all the parameters set forth in 40 CFR 257.95(b), Appendix III, and at a minimum, those parameters detected during the 40 CFR Part 257, Appendix IV sampling event. Sampling for all Appendix IV parameters shall occur annually. The results of the semiannual sampling events are to be placed into the facility's operating record.

3. In addition to monitoring the parameters in Paragraphs I.1 and 2 of this Section, the facility shall also monitor groundwater for parameters that provide a reliable indication of the presence of CCR contaminants in the groundwater. The facility shall follow LAC 33:VII.805.C.7.a.i-iv to determine the additional monitoring parameters.

J. Closure and Post-Closure Care Permit Application Information

1. The applicant shall submit documentation in the permit application demonstrating compliance with 40 CFR 257.100-104.

2. Submit closure and post-closure care cost estimate(s) required by LAC 33:VII.Chapter 13.

K. In addition to the requirements of 40 CFR 257.105, the owner or operator shall keep records throughout the term of the permit. These records include applications, notifications, and reports required by this Chapter and 40 CFR 257.105, data, and supplemental information used to complete applications and reports required by this Chapter.

L. Documents that have already been submitted to the department for review and approval or posted on the publicly accessible website prior to the effective date of LAC 33:VII.Chapter 10 shall be submitted to the department upon request.

La. Admin. Code tit. 33, § VII-1004

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 501452 (10/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.