La. Admin. Code tit. 33 § VII-1001

Current through 2024 Legislative Session

Section VII-1001 - Applicability

A. Except as provided in LAC 33:VII.1001.B, this Chapter applies to:

1. owners and operators of new and existing coal combustion residuals (CCR) landfills and surface impoundments that dispose of or otherwise engage in solid waste management of CCR generated from the combustion of coal located at electric utilities and independent power producers;

2. owners and operators of new or existing CCR disposal units located off-site of electric utility or independent power producer facilities;

3. owners and operators of inactive CCR surface impoundments located at active electric utilities and independent power producers regardless of the fuel currently used to produce electricity at the facility;

4. a lateral expansion of a CCR landfill or surface impoundment; and

5. any CCR management practice that does not meet the definition of beneficial use of CCR in 40 CFR 257.53.

B. This Chapter does not apply to:

1. owners and operators of CCR landfills that ceased receiving CCR before October 19, 2015;

2. CCR surface impoundments that no longer contain water or can no longer impound liquids;

3. cooling water ponds, process water ponds, wastewater treatment ponds, stormwater holding ponds, or aeration ponds;

4. wastes, including fly ash, bottom ash, boiler slag, and flue gas desulfurization materials, generated at facilities that are not part of an electric utility or independent power producer, such as manufacturing facilities, universities, and hospitals;

5. fly ash, bottom ash, boiler slag, or flue gas desulfurization materials generated primarily from the combustion of fuels (including other fossil fuels) other than coal, for the purpose of generating electricity unless the fuel burned consists of more than 50 percent coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal;

6. beneficial use of CCR, as defined in 40 CFR 257.53;

7. CCR placement at active or abandoned, underground, or surface coal mines;

8. owners and operators of municipal solid waste landfills that receive CCR;

9. owners and operators of commercial industrial nonhazardous waste landfill (CINWL) facilities, authorized by an LDEQ state permit issued under LAC 33:VII.Chapters 5 and 7; or

10. the use of mandatory modifications as defined in LAC 33:VII.115.

La. Admin. Code tit. 33, § VII-1001

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 501450 (10/1/2024).

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