Proposed Rule2026-11312
Louisiana: Approval of State Coal Combustion Residuals Permit Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 5, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) is proposing to approve the Louisiana Coal Combustion Residuals (CCR) partial permit program under the Resource Conservation and Recovery Act (RCRA). After reviewing the CCR permit program application submitted by the Louisiana Department of Environmental Quality (LDEQ), EPA has preliminarily determined that Louisiana's CCR permit program meets the standard for partial approval under RCRA. If approved, Louisiana's CCR permit program will operate in lieu of the Federal CCR program, with the exception of the specific provisions noted below. EPA is seeking comment on this proposal during a 60-day public comment period and will hold a hybrid in-person and virtual public hearing on EPA's preliminary approval of Louisiana's partial CCR permit program.
Full Text
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<title>Federal Register, Volume 91 Issue 108 (Friday, June 5, 2026)</title>
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[Federal Register Volume 91, Number 108 (Friday, June 5, 2026)]
[Proposed Rules]
[Pages 34189-34201]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11312]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 257
[EPA-HQ-OLEM-2025-3324; FRL 13373-01-OLEM]
Louisiana: Approval of State Coal Combustion Residuals Permit
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability; request for comments.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
proposing to approve the Louisiana Coal Combustion Residuals (CCR)
partial permit program under the Resource Conservation and Recovery Act
(RCRA). After reviewing the CCR permit program application submitted by
the Louisiana Department of Environmental Quality (LDEQ), EPA has
preliminarily determined that Louisiana's CCR permit program meets the
standard for partial approval under RCRA. If approved, Louisiana's CCR
permit program will operate in lieu of the Federal CCR program, with
the exception of the specific provisions noted below. EPA is seeking
comment on this proposal during a 60-day public comment period and will
hold a hybrid in-person and virtual public hearing on EPA's preliminary
approval of Louisiana's partial CCR permit program.
DATES: Comments due. Comments must be received on or before August 4,
2026. Public hearing: EPA will hold a hybrid (in-person and virtual)
public hearing on July 21, 2026. Please refer to the SUPPLEMENTARY
INFORMATION section for additional information on the public hearing.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2025-3324, by any of the following methods:
[[Page 34190]]
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Land and Emergency Management (OLEM) Docket, Mail
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
<bullet> Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday through Friday (except
Federal holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Michelle Lloyd, Office of Resource
Conservation and Recovery, Waste Identification Notice and Generators
Division, U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue NW, Mail Code: 5304T, Washington, DC 20460; telephone number:
(202) 566-0560; email address: <a href="/cdn-cgi/l/email-protection#1a767675637e34777379727f76767f5a7f6a7b347d756c"><span class="__cf_email__" data-cfemail="84e8e8ebfde0aae9ede7ece1e8e8e1c4e1f4e5aae3ebf2">[email protected]</span></a>. For more
information on this document please visit <a href="https://www.epa.gov/coal-combustion-residuals">https://www.epa.gov/coal-combustion-residuals</a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
A. Written Comments
B. Participation in Hybrid Public Hearing
II. General Information
A. Overview of Proposed Action
B. Background
C. Statutory Authority
III. The Louisiana Application
IV. EPA Analysis of the Louisiana Application
A. Adequacy of the Louisiana Permit Program
B. Adequacy of Technical Criteria
V. Louisiana CCR Permits
VI. Proposed Action
List of Acronyms
CBI Confidential Business Information
CCR coal combustion residuals
CFR Code of Federal Regulations
CINWL Commercial industrial nonhazardous waste landfill
EDMS Louisiana Electronic Database Management System
EPA U.S. Environmental Protection Agency
FR Federal Register
La. R.S. Louisiana Revised Statutes
LAC Louisiana Administrative Code
LDEQ Louisiana Department of Environmental Quality
MCL maximum contaminant level
MSWLF municipal solid waste landfill
NPDES National Pollutant Discharge Elimination System
OLEM Office of Land and Emergency Management
RCRA Resource Conservation and Recovery Act
SOP Standard Operating Procedures
STAG State and Tribal Assistance Grant
TSD Technical Support Document
USACE U.S. Army Corps of Engineers
USWAG Utility Solid Waste Activities Group
WIIN Water Infrastructure Improvements for the Nation
WPD Louisiana Waste Permits Division
I. Public Participation
A. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2025-
3324, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you consider to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
B. Participation in Hybrid Public Hearing
EPA will begin pre-registering speakers for the hybrid public
hearing upon publication of this document in the Federal Register. To
register to speak at the hearing, please use the online registration
form available on EPA's CCR website (<a href="https://www.epa.gov/coal-combustion-residuals/us-state-louisiana-coal-combustion-residuals-permit-program">https://www.epa.gov/coal-combustion-residuals/us-state-louisiana-coal-combustion-residuals-permit-program</a>) or contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to register to speak at the hearing. Both
in-person and virtual hearing attendees are requested to pre-register
at the link provided above. The last day to pre-register to speak at
the hearing will be July 17, 2026.
EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearings to run either ahead of schedule or behind schedule.
Additionally, requests to speak will be taken the day of the hearing at
the hearing registration desk. EPA will make every effort to
accommodate all speakers who arrive and register, although preferences
on speaking times may not be able to be fulfilled.
Each commenter will have five (5) minutes to provide oral
testimony. EPA encourages commenters to provide EPA with a copy of
their oral testimony electronically by emailing it to the person listed
in the FOR FURTHER INFORMATION CONTACT section. EPA also recommends
submitting the text of your oral comments as written comments to the
rulemaking docket. If EPA is anticipating a high attendance, the time
allotment per testimony may be shortened to no shorter than three (3)
minutes per person to accommodate all those wishing to provide
testimony and who have pre-registered. While EPA will make every effort
to accommodate all speakers who do not pre-register, opportunities to
speak may be limited based upon the number of pre-registered speakers.
Therefore, EPA strongly encourages anyone wishing to speak to pre-
register. Participation in the public hearing does not preclude any
entity or individual from submitting a written comment.
EPA may ask clarifying questions during the oral presentations but
will not respond to the presentations at that time. Written statements
and supporting information submitted during the comment period will be
considered with the same weight as oral comments and supporting
information presented at the public hearing.
Please note that any updates made to any aspect of the hearing are
posted online at EPA's CCR website at <a href="https://www.epa.gov/coal-combustion-residuals/us-state-louisiana-coal-combustion-residuals-permit-program">https://www.epa.gov/coal-combustion-residuals/us-state-louisiana-coal-combustion-residuals-permit-program</a>. While EPA expects the hearing to go forward as set
forth above, please monitor our website or contact the person listed in
the FOR FURTHER INFORMATION CONTACT section to determine if there are
any updates. EPA does not intend to publish a document
[[Page 34191]]
in the Federal Register announcing updates.
If you require the services of an interpreter or special
accommodations such as audio description, please pre-register for the
hearing with the person listed in the FOR FURTHER INFORMATION CONTACT
section and describe your needs by July 7, 2026. EPA may not be able to
arrange accommodations without advance notice.
II. General Information
A. Overview of Proposed Action
On April 17, 2015, EPA published a final rule, creating 40 CFR part
257, subpart D,\1\ which establishes a comprehensive set of minimum
Federal requirements for the disposal of CCR in landfills and surface
impoundments (80 FR 21302) (``Federal CCR regulations''). Section 2301
of the 2016 Water Infrastructure Improvements for the Nation (WIIN) Act
amended RCRA section 4005 to create a new subsection (d) that requires
EPA to establish a Federal CCR permitting program. See 42 U.S.C.
6945(d).
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\1\ Unless otherwise specified, all references to parts 239 and
257 in this document are to title 40 of the Code of Federal
Regulations (CFR).
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As amended, RCRA section 4005(d) also allows States to seek
approval for a State CCR permit program that will operate in lieu of a
Federal CCR permit program in the State. The statute provides that
within 180 days after a State submits a complete application to the
Administrator for approval, EPA shall approve the State permit program
if the Administrator determines that the State program requires each
CCR unit located in the State to achieve compliance with either the
Federal requirements or other State requirements that EPA determines,
after consultation with the State, are at least as protective as those
included in the Federal CCR regulations. See, 42 U.S.C. 6945(d)(1)(B).
On March 19, 2026, LDEQ submitted its final State CCR permit
program application to EPA Region 6 requesting approval of the State's
partial CCR permit program.\2\ EPA is proposing to approve the
Louisiana partial CCR permit program pursuant to RCRA section
4005(d)(1)(B). 42 U.S.C. 6945(d)(1)(B). The fact that Louisiana is
seeking approval of a partial program does not mean it must
subsequently apply for full program approval. However, Louisiana could
apply for revised partial program approval or full program approval at
some point in the future if it chooses to do so. If approved, the
Louisiana CCR permit program will operate in lieu of the Federal CCR
program (codified at 40 CFR part 257, subpart D), with the exception of
the provisions specifically identified below for which the State is not
seeking approval and for which the corresponding provisions of the
Federal CCR program would remain in effect. However, even for the
approved provisions, EPA would retain its inspection and enforcement
authorities under RCRA sections 3007 and 3008, 42 U.S.C. 6927 and 6928,
consistent with EPA's ongoing oversight authority under RCRA. See 42
U.S.C. 6945(d)(4)(B).
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\2\ LDEQ 2025. Application For CCR Permit Program Approval
Louisiana Department of Environmental Quality. May.
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EPA has also engaged Federally recognized Tribes within the State
of Louisiana in consultation and coordination regarding the program
approval for the determination. EPA has established opportunities for
an informational session and consultation, beginning with an initial
conference call on February 12, 2026, with the Chitimacha Tribe of
Louisiana, Coushatta Tribe of Louisiana, Jena Band of Choctaw Indians,
and the Tunica-Biloxi Indian Tribe. Tribal consultation has been and
will continue to be conducted in accordance with the EPA policy on
Consultation and Coordination with Indian Tribes (<a href="https://www.epa.gov/sites/production/files/2013-08/documents/cons-and-coord-with-indian-tribes-policy.pdf">https://www.epa.gov/sites/production/files/2013-08/documents/cons-and-coord-with-indian-tribes-policy.pdf</a>). After the informational session, no Tribes sought
further Tribal consultation; however, the Jena Band of Choctaw Indians
did formally request for notification of any major incidents and/or
plant failure since Tribe boundaries are in close proximity to the
Cleco Brame Power Plant.
B. Background
CCR are generated from the combustion of coal, including solid
fuels classified as anthracite, bituminous coal, subbituminous coal,
and lignite, for the purpose of generating steam to power a generator
to produce electricity or electricity and other thermal energy by
electric utilities and independent power producers. CCR, commonly known
as coal ash, include fly ash, bottom ash, boiler slag, and flue gas
desulfurization materials. CCR can be sent offsite for disposal or
beneficial use, or disposed of in on-site landfills or surface
impoundments.
On April 17, 2015, EPA published a final rule creating 40 CFR part
257, subpart D, which established a comprehensive set of minimum
Federal requirements for the disposal of CCR in landfills and surface
impoundments (80 FR 21302). The rule created a self-implementing
program that regulates the location, design, operating criteria, and
groundwater monitoring and corrective action for CCR units, as well as
the closure and post-closure care of CCR units. It also requires
recordkeeping and notifications for CCR units. EPA has since amended 40
CFR part 257, subpart D on August 5, 2016 (81 FR 51802), July 30, 2018
(83 FR 36435), August 28, 2020 (85 FR 53516), November 12, 2020 (85 FR
72506), May 8, 2024 (89 FR 38950), November 8, 2024 (89 FR 88650), and
February 10, 2026 (91 FR 5806). More information on these rules is
provided in the Technical Support Document in the docket for this
document.
C. Statutory Authority
EPA is issuing this proposed action pursuant to RCRA sections
4005(d) and 7004(b)(1). See 42 U.S.C. 6945(d) and 6974(b)(1). As
amended by section 2301 of the 2016 WIIN Act, RCRA section 4005(d)
instructs EPA to establish a Federal permit program similar to those
under RCRA subtitle C and other environmental statutes and authorizes
States to develop their own CCR permitting programs that go into effect
in lieu of the Federal permit program upon approval by EPA. See 42
U.S.C. 6945(d).
Under RCRA section 4005(d)(1)(A), 42 U.S.C. 6945(d)(1)(A), States
seeking approval of a State CCR program must submit to the
Administrator ``in such form as the Administrator may establish,
evidence of a permit program or other system of prior approval and
conditions under state law for regulation by the State of coal
combustion residuals units that are located in the state.'' The statute
provides that EPA shall approve a State CCR permit program if the
Administrator determines that the State program will require each CCR
unit located in the State to achieve compliance with either: (1) The
Federal CCR requirements at 40 CFR part 257, subpart D; or (2) Other
State criteria that the Administrator, after consultation with the
State, determines to be ``at least as protective as'' the Federal
requirements. 42 U.S.C. 6945(d)(1)(B). The Administrator must make a
final determination, after providing for public notice and an
opportunity for public comment, within 180 days of receiving a State's
complete submittal of the information specified in RCRA section
4005(d)(1)(A). 42 U.S.C. 6945(d)(1)(B). EPA may approve a State CCR
permit program in whole or in part. Id. Once approved, the State permit
program operates in lieu of the Federal requirements. 42 U.S.C.
6945(d)(1)(A).
[[Page 34192]]
In a State with a partial program, only the State requirements that
have been approved by EPA operate in lieu of the Federal requirements,
and facilities remain responsible for compliance with all remaining
Federal requirements in 40 CFR part 257.
As noted above, the Federal CCR regulations are self-implementing,
meaning that CCR landfills and surface impoundments must comply with
the terms of the regulations prior to obtaining a Federal permit or a
permit issued by an approved State. Noncompliance with the Federal CCR
regulations can be the subject of an enforcement action brought
directly against the facility. Once a final CCR permit is issued by an
approved State or pursuant to a Federal CCR permit program, however,
the terms of the permit apply in lieu of the terms of the Federal CCR
regulations and/or requirements in an approved State program, and RCRA
section 4005(d)(3) provides a permit shield against direct enforcement
of the applicable Federal or State CCR regulations (meaning the
permit's terms become the enforceable requirements for the
permittee).\3\
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\3\ USEPA 2017. Coal Combustion Residuals State Permit Program
Guidance Document; Interim Final, August 2017, Office of Land and
Emergency Management, Washington, DC 20460. August.
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RCRA section 7004(b), which applies to all RCRA programs, directs
that ``public participation in the development, revision,
implementation, and enforcement of any . . . program under this chapter
shall be provided for, encouraged, and assisted by the Administrator
and the States.'' 42 U.S.C. 6974(b)(1). Accordingly, EPA considers
permitting requirements, requirements for compliance monitoring
authority, requirements for enforcement authority, and requirements for
intervention in civil enforcement proceedings in evaluating State CCR
permit program applications.
Once a State CCR permit program is approved, the Administrator must
review the approved program no less frequently than every 12 years, no
later than three years after a revision to an applicable section of 40
CFR part 257, subpart D, and no later than one year after any
unauthorized significant release from a CCR unit located in the State.
EPA also must review an approved State CCR permit program at the
request of another State alleging that the soil, groundwater, or
surface water of the requesting State is or is likely to be adversely
affected by a release from a CCR unit in the approved State. See 42
U.S.C. 6945(d)(1)(D)(i)(I) through (IV).
In a State with an approved State CCR permit program, EPA may
commence administrative or judicial enforcement actions under RCRA
section 3008, 42 U.S.C. 6928, if the State requests assistance or if
EPA determines that an EPA enforcement action is likely to be necessary
to ensure that a CCR unit is operating in accordance with the criteria
of the State's permit program. 42 U.S.C. 6945(d)(4). EPA can enforce
any Federal requirements that remain in effect (i.e., those for which
there is no corresponding approved State provision). EPA may also
exercise its inspection and information gathering authorities under
RCRA section 3007 in a State with an approved program. 42 U.S.C. 6927.
III. The Louisiana Application
EPA began working with LDEQ in June 2017 as the State developed its
application for the State's partial CCR permit program. As it has with
other States, EPA discussed with LDEQ the process for EPA to review and
approve the State's CCR permit program, LDEQ's anticipated timeline for
submitting a CCR permit program application to EPA, and LDEQ's
regulations for issuing permits. In addition, LDEQ and EPA discussed
site-specific issues and potential differences between the State and
Federal programs as LDEQ developed its CCR regulations at Louisiana
Administrative Code (LAC) 33:VII.Chapter 10. Specifically, EPA and LDEQ
discussed the differences between the ``uppermost aquifer''
requirements of the Federal CCR regulations and the ``uppermost
permeable zone'' requirements of the State solid waste regulations to
determine if the State provisions could be at least as protective as
the Federal regulations. EPA and LDEQ also discussed groundwater
protection standards, public participation requirements, and permitting
procedures.
On May 20, 2025, LDEQ submitted its CCR permit program application
to EPA Region 6 requesting approval of the State's partial CCR permit
program. On September 12, 2025, EPA sent questions to LDEQ to
supplement the application. On December 16, 2025, LDEQ sent a draft
application to EPA for review that incorporated responses to EPA's
questions. On February 2, 2026, EPA sent additional comments to LDEQ.
LDEQ responded with proposed revisions on February 13, 2026. On
February 20, 2026, EPA sent limited comments to LDEQ on remaining
recommendations. LDEQ responded with a proposed revision on February
23, 2026. On March 2, 2026, and March 19, 2026, LDEQ submitted a
revised application to EPA Region 6.\4\
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\4\ The revised Narrative Description, from March 19, 2026,
shall be substituted for the original Narrative Description, from
May 2025, as well as the 40 CFR part 257 Checklist, and copies of
the Louisiana Statutes, Regulations, and Guidance. All other
documents submitted as part of the original May 20, 2025,
application remain unchanged and are available in the docket for
this action.
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IV. EPA Analysis of the Louisiana Application
RCRA section 4005(d) requires EPA to evaluate two components of a
State CCR permitting program to determine whether it meets the standard
for approval: the program itself, and the technical criteria that will
be included in each permit issued under the State program. This section
discusses EPA's review of both requirements under RCRA section 4005(d)
and the criteria EPA uses to conduct this review.
First, EPA must evaluate the permit program itself (or other system
of prior approval and conditions). See 42 U.S.C. 6945(d)(1)(A) through
(B). RCRA section 4005(d)(1)(A) directs the State to provide evidence
of a State permit program's compliance with RCRA requirements in such
form as determined by the Administrator. In turn, RCRA section
4005(d)(1)(B) directs EPA to approve the State program based upon a
determination that the program ``requires each coal combustion
residuals unit located in the state to achieve compliance with the
applicable [Federal or State] criteria.'' In other words, the statute
directs EPA to determine that the State has sufficient authority to
require compliance at all CCR units located within the State. See also
42 U.S.C. 6945(d)(1)(D)(ii)(I). To make this determination, EPA
evaluates the State's authority to issue permits and impose conditions
in those permits, as well as the State's authority to conduct
compliance monitoring and enforcement.
During this review of the State permit program, EPA also determines
whether the program contains procedures consistent with the public
participation directive in RCRA section 7004(b). RCRA section 7004(b),
which applies to all RCRA programs, directs that ``public participation
in the development, revision, implementation, and enforcement of any .
. . program under this chapter shall be provided for, encouraged, and
assisted by the Administrator and the States.'' 42 U.S.C. 6974(b)(1).
To make this determination, EPA evaluates the State's public
participation procedures for issuing permits and for intervention in
civil enforcement proceedings.
[[Page 34193]]
Although 40 CFR part 239 applies to the approval of State Municipal
Solid Waste Landfill (MSWLF) programs under RCRA section 4005(c)(1)
rather than EPA's evaluation of CCR permit programs under RCRA section
4005(d), the specific criteria outlined in that regulation provide a
helpful framework to examine the relevant aspects of a State's CCR
permit program. States are familiar with these criteria because all
States have MSWLF programs that have been approved pursuant to these
regulations, and the regulations are generally regarded as protective
and appropriate.
Consequently, EPA relied on the four categories of criteria
outlined in 40 CFR part 239 as guidelines to evaluate the Louisiana CCR
permit program: permitting requirements, requirements for compliance
monitoring authority, requirements for enforcement authority, and
requirements for intervention in civil enforcement proceedings.
Second, EPA must evaluate the technical criteria that will be
included in each permit issued under the State CCR permit program to
determine whether they are the same as the Federal criteria, or to the
extent they differ, whether the modified criteria are ``at least as
protective as'' the Federal requirements. See 42 U.S.C. 6945(d)(1)(B).
Only if both components meet the statutory requirements may EPA approve
the program. See 42 U.S.C. 6945(d)(1). EPA makes this determination by
comparing the State's technical criteria to the corresponding Federal
criteria and, where necessary, evaluating whether a different State
criteria are at least as protective as the Federal criteria.
Upon careful review, and as discussed in more detail below, EPA has
preliminarily determined that the Louisiana partial CCR permit program
includes all the elements of an adequate State CCR permit program. It
also contains all the technical criteria in 40 CFR part 257, subpart D,
except for the provisions specifically discussed below that Louisiana
has not included in its partial permit program. Consequently, EPA is
proposing to approve the entirety of Louisiana's partial CCR permit
program application. The State's CCR permit program does not encompass
the full scope of Federal CCR requirements as presently constituted,
and the provisions of the Federal CCR regulations that are not part of
State's approved CCR permit program will remain directly applicable to
affected CCR units. 42 U.S.C. 6945(d)(1)(B).
EPA's full analysis of the Louisiana CCR permit program, and how
the Louisiana regulations differ from the Federal requirements, can be
found in the Technical Support Document. EPA determined that the
Louisiana CCR permit program application was complete and notified
Louisiana of its determination by letter.\5\
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\5\ The Louisiana application, EPA's completeness determination
letter, and the Technical Support Document are available in the
docket supporting this action.
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A. Adequacy of the Louisiana Permit Program
Section 4005(d)(1)(A) of RCRA, 42 U.S.C. 6945(d)(1)(A), requires a
State seeking State CCR permit program approval to submit to EPA, ``in
such form as the Administrator may establish, evidence of a permit
program or other system of prior approval and conditions under State
law for regulation by the State of coal combustion residuals units that
are located in the State.'' Although the statute directs EPA to
establish the form of such evidence, the statute does not require EPA
to promulgate regulations governing the process or standard for
determining the adequacy of such State programs. EPA, therefore,
developed the Coal Combustion Residuals State Permit Program Guidance
Document; Interim Final (82 FR 38685, August 15, 2017) (the ``Guidance
Document''). The Guidance Document provides recommendations on a
process and standards that States may choose to use to apply for EPA
approval of its CCR permit programs, based on the standards in RCRA
section 4005(d), existing regulations at 40 CFR part 239, and the
Agency's experience in reviewing and approving State programs.
EPA evaluated the Louisiana CCR permit program using the process
and statutory and regulatory standards discussed in sections II.C. and
IV.A. of this preamble. EPA's findings are summarized below and
provided in more detail in the Technical Support Document located in
the docket supporting this proposed determination.
1. Guidelines for Permitting
In EPA's judgment, an adequate State CCR permit program must ensure
that: (1) Existing and new facilities are permitted or otherwise
approved and in compliance with either 40 CFR part 257 or other State
criteria; (2) The State has the authority to collect all information
necessary to issue permits that are adequate to ensure compliance with
relevant 40 CFR part 257, subpart D requirements; and (3) The State has
the authority to impose requirements for CCR units adequate to ensure
compliance with either 40 CFR part 257, subpart D, or such other State
criteria that have been determined and approved by the Administrator to
be at least as protective as 40 CFR part 257, subpart D.
a. Permit Required
A State permit is required for CCR units under LAC 33:VII.1003.B,
which requires CCR facilities with an existing CCR landfill, or an
existing or inactive CCR surface impoundment, to obtain a solid waste
permit in accordance with LAC 33:VII.Chapter 5. The requirements and
procedures for solid waste facilities to obtain permits can be found in
LAC 33:VII.509.A.1. CCR facilities will be required to submit an
application to the LDEQ Office of Environmental Services for a new
solid waste permit or a modification to an existing solid waste permit,
as applicable, within 365 days of the date of the approval of the
State's CCR permitting program. Under LAC 33:VII.1003.C, the disposal
or management of CCR in a new or lateral expansion of a CCR landfill or
surface impoundment is prohibited unless such activity is authorized by
a permit issued in accordance with LAC 33:VII.509, 513, and 517.
b. Permitting Authority
LAC 33:VII.1003.A-D and 1004.A-L have provisions imposing
requirements for CCR permits, permit terms and conditions, permit
issuance and duration, permit renewals, permit modifications and
changes in ownership.
LDEQ has the authority to collect all information necessary to
issue permits that are adequate to ensure compliance with relevant 40
CFR part 257, subpart D requirements. The provisions at LAC
33:VII.1004.A through J address requirements for CCR permit application
contents and information requirements to ensure that a permit
application includes sufficient information and reports to characterize
the geology at the facility; demonstrate compliance with: land use and
location restrictions, design criteria, groundwater monitoring zone and
unit siting, groundwater monitoring and corrective action, groundwater
monitoring parameters, operating criteria; other requirements involving
certification of all technical reports by an engineer licensed in the
State of Louisiana; closure and post-closure cost estimates;
recordkeeping; and submission of records to LDEQ for review.
LAC 33:VII.1004.B.1 requires CCR permit and permit modification
applications to contain information required by prescribed application
forms from the State, and information required by 40 CFR part 257,
subpart D,
[[Page 34194]]
which the State incorporates by reference at LAC 33:VII.1003.A. Under
LAC 33:VII.1004.B.2, a new permit application or permit renewal
application must include all information included in LAC 33:VII.519
(Permit application forms) and LAC 33:VII.709.A-D (Standards Governing
Type I and II Solid Waste Disposal Facilities). Under LAC 33:VII.519.D,
incomplete applications not containing the information required by LAC
33:VII:519.B and LAC 33:VII:1004:A and B, are not accepted for review
and LDEQ must notify the applicant when a permit application is
determined to be incomplete. If the applicant elects to continue with
the permit application process, the applicant must follow the
requirements provided in the notice. The requirements may include
submitting additional information by the applicant in the form of an
application addendum or submitting a new application. LAC 33:VII.519.G
and LAC 33:VII:1004.A2, require the applicant to submit any additional
information determined necessary by LDEQ for a proper determination or
decision regarding the application, including information determined
necessary to prepare a draft or final permit decision.
c. Permit Requirements and Permitting Process
Before submitting its permit application, a prospective applicant
must coordinate with local, State, and Federal agencies. More details
are found in the Technical Support Document.
After the public notice period has ended and after LDEQ has
reviewed and considered public comments received during the comment
period, LDEQ must issue a final decision on the permit. LAC
33:VII.1006.A.4.e, LAC 33:VII.1006.B.1. No more than 20 days after LDEQ
has issued a final permit decision it must publish a notice of final
permit decision on the LDEQ website. LAC 33:VII.1006.A.5.b. The
regulations also require the notice of final decision to be sent to
people who commented on the draft permit and to people who asked to be
given written notice. LAC 33:VII.1006.A.5.b-c.
LAC 33:VII.1004.A.3.a requires that once a permit has been issued
for a facility, a renewal application must be submitted no later than
365 days prior to expiration of the permit. Each facility processing
and/or disposing of CCR subject to the permitting requirements must
operate under a permit for the active life of the facility and duration
of post-closure care, until such time LDEQ deems closure and post-
closure complete and terminates permit coverage. LAC 33:VII.1004.A.4.
LDEQ may review a permit at any time. LAC 33:VII:1004:A and LAC
33:VII.509.G. After review of a permit, LDEQ may, for cause, suspend,
revoke, or modify a permit in accordance with the procedures outlined
in the Louisiana Administrative Procedure Act, Louisiana Revised
Statutes (La. R.S.) 49:950 et seq. LAC 33:VII.1004.A.5 requires the
owner or operator of a facility to 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, or the existing permit. Pursuant to LAC
33:VII.1004.A.7, proposed changes in ownership must comply with LAC
33:I.Chapter 19.
Louisiana requires CCR permit holders to comply with the permit
modification requirements in LAC 33:VII:1004.A.5 and LAC:33.VII.517.
Owners and operators must submit an application to incorporate any
changes to ensure compliance with the CCR requirements.
Facilities may also submit an application for a minor or major
modification of the permit. LAC 33:VII:1004.A.5 requires that ``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.'' At LAC 33:VII.1002.A,
Louisiana defines a minor modification as ``any modification that does
not meet the criteria for a major modification.'' Louisiana defines
major modifications as ``any change in a site, facility, process or
disposal method, or operation that substantially deviates from the
permit or tends to substantially increase the impact of the site,
facility, process or disposal method, or operation on the
environment.''
The major modification definition in LAC 33:VII:1002.A is governed
by the list of items that constitute major modifications that are
listed in LAC 33:VII.517.B.1.a through i. See the Technical Support
Document for details.
d. Duration of Permits
The regulations provide that permits for CCR units are to be issued
for a maximum of 10 years and may be issued for a period of less than
10 years, under LAC 33:VII.1003.D and 1004.A.3, in compliance with the
requirements of LAC 33:VII.509.D.2.
EPA has preliminarily determined that the Louisiana approach to CCR
permit applications and approvals is adequate. The program meets the
criteria listed at the beginning of this section. The Louisiana
requirements described above require existing and new facilities to be
permitted or otherwise approved and in compliance with either 40 CFR
part 257 or other State criteria. The requirements described above show
that Louisiana has the authority to collect all information necessary
to issue permits that are adequate to ensure compliance with relevant
40 CFR part 257, subpart D requirements, or other State criteria.
Finally, Louisiana has the authority to impose requirements for CCR
units adequate to ensure compliance with either 40 CFR part 257,
subpart D, or such other State criteria that have been determined and
approved by the Administrator to be at least as protective as 40 CFR
part 257, subpart D.
2. Guidelines for Public Participation
Based on RCRA section 7004, 42 U.S.C. 6974, it is EPA's judgment
that an adequate State CCR permit program will ensure that: (1)
Documents for permit determinations are made available for public
review and comment; (2) Final determinations on permit applications are
made known to the public; and (3) Public comments on permit
determinations are considered and significant comments are responded to
in the permit record. EPA's review of Louisiana's CCR permit program
indicates that the State has adopted public participation procedures
that allow interested parties to talk openly and frankly about permit
issues and search for mutually agreeable solutions to differences in
views. An overview of Louisiana's public participation provisions is
provided below.
a. Public Notice and Participation in the CCR Permit Application
Process
Louisiana provides public participation opportunities throughout
the State's CCR permitting process, including pre-application and post-
application public notices, public participation procedures for draft
and final permits, the opportunity for the public to comment, and
opportunities for the public to request public hearings. LDEQ also
maintains an electronic document management system (EDMS) where all
documents submitted by a facility and all responses from LDEQ are
available for public review. These accessible documents include
permitting documents, correspondence, approvals and groundwater
reports. Under LAC 33:VII.513.C.2.f, permit
[[Page 34195]]
applications are available for public review as soon as practicable
subject to confidentiality of the provisions of LAC 33:I.Chapter 5.
The Louisiana public notice requirements apply to applications for
initial permits, permit renewals, and major modifications of CCR
landfills and surface impoundments. Louisiana requires public notice
during the pre-application and post-application periods, as well as for
draft permits and final permit decisions. See LAC 33:VII.1006.A.1.
The applicant for a CCR permit must publish a public notice of
intent to submit a permit application within 45 days before submitting
the application. LAC 33:VII.1006.A.2. Prospective applicants for solid
waste permits, including initial permits, permit, and major
modifications, must publish a notice of their intent to submit a permit
application and provide the opportunity for public comments. LAC
33:VII.513.B.7. The notice must be published within 45 days prior to
submission of the application to the Office of Environmental Services.
Under LAC 33:VII.1006.A.3, Louisiana requires all CCR applicants to
publish a notice of application submittal within 45 days after
submitting the application to the Office of Environmental Services. LAC
33:VII.513.B.8. Once an application is deemed technically complete and
a draft permit has been prepared, the draft permit must be submitted
for public notice. LAC 33:VII.513.G, LAC 33:VII.1006.A.4. The Office of
Environmental Services must publish a notice of the draft permit
decision and solicit comments from interested individuals and groups.
LAC 33:VII.513.G.3.
Under LAC 33:VII.513.B.7, LAC 33:VII.513.B.8, and LAC VII.513.G.3,
public notices for pre-permit application, post-permit application and
draft permit decisions must be published one time as a single
classified advertisement in (1) The legal or public notices section of
the official journal of the State; and (2) A major local newspaper of
general circulation in the area where the facility is located. However,
if the facility is in the same parish or area as the official journal
of the State, then a single classified advertisement in the legal or
public notices section of the official journal of the State is the only
public notice required.
An example of a public notice to be placed in the local newspaper
for intention to submit a permit application to the Office of
Environmental Services for existing/proposed solid waste facilities is
provided in LAC 33:VII.3001. An example of a public notice to be placed
in the local newspaper after submittal of a permit application is
provided in LAC 33:VII.3003. Both notices must include the physical
location of the proposed facility and the address where comments
concerning the facility may be filed.
LAC 33:VII.1006.A.4.b requires Louisiana to send a copy of the
draft permit to the local public library in the parish where the
facility is located, LDEQ regional offices, and/or governing authority
for public review. The draft permit must also be made available for
public review in the EDMS. LAC 33:VII.1006.A.4.c. Under LAC
33:VII.513.G.4 and G.5, the Office of Environmental Services must send
a copy of the draft permit decision to the parish library where the
facility is located and to the appropriate regional office for public
review. The State must also send a copy of the draft permit decision to
the parish governing authority where the facility is located. LAC
33:VII.513.G.6. Under LAC 33:VII.1006.A.4.e, the Office of
Environmental Services must review all comments received within the
timeframe specified in the public notice prior to the preparation of a
final permit decision.
LAC 33:VII.1006.A.5 requires public notices for final permit
decisions to comply with the requirements at LAC 33:VII.513.H and
513.I. Pursuant to LAC 33:VII.513.H, the administrative authority must
issue a standard permit or a standard permit denial, including reasons
for the denial, after the public notice period has ended. The
administrative authority may also issue a closure permit to allow
closure activities to be accomplished at a facility that has been
issued a standard permit denial but has previously accepted waste under
a prior permit or an order. Under LAC 33:VII.513.I, the administrative
authority is required to publish a notice of the final permit decision
on LDEQ's website no later than 20 days following the issuance of a
final permit decision. The State sends the notice only to persons who
commented on the draft permit decision and to those persons who have
requested to be provided written notice.
Pursuant to LAC 33:VII.1006.A.4.d, Louisiana requires a public
comment period of a minimum of 30 days for permit applications and
major modifications. The public comment period may be extended to 45 or
60 days at the discretion of LDEQ Secretary. Under LAC 33:VII.513.G.3,
LDEQ must publish a notice of the draft permit decision that solicits
comments from interested individuals and groups. LDEQ must review and
consider all public comments received during the public comment period
prior to making a final decision on a permit. LAC 33:VII.1006.A.4.e and
LAC 33:VII.513.G.3. LDEQ must draft a document addressing public
comments received during the public comment period. The Response to
Comments document must be included with LDEQ's final decision on the
permit application and must be made available to the public on the
State's EDMS.
LAC 33.VII.1006.B.1 requires opportunities for public hearing to be
conducted. LAC 33:VII.509.E. Under LAC 33:VII.509.E.1 through 4, LDEQ,
at its discretion, may hold public hearings concerning CCR permits and
major modifications of CCR permits.
LAC 33:VII.1006.B.1 and LAC 33:VII.509.E.4 require LDEQ to hold a
public hearing for any CCR facility permit if LDEQ determines, on the
basis of comments received and other information, that a hearing is
necessary or appropriate. LAC 33:VII.1006.B.3 also provides LDEQ with
the authority to hold a public hearing on any permit application that
does not require a public hearing. Pursuant to LAC 33:VII.509.E.4,
public hearings must be conducted in accordance with the State's
Environmental Quality Act (La. R.S.30:2001 et seq.) for fact finding
hearings or other hearing procedures by the Administrative Procedure
Act (La. R.S. 49:950 et seq.). Under LAC 33:VII.1006.B.2, the
proceedings of all public hearings must be recorded and a copy of the
recording or a verbatim transcript recording must be filed in the
record of the hearing.
LAC 33:VII.509.E.5 provides the public with the opportunity to
request a hearing. Within 30 days after the date of publication of the
draft permit decision in a newspaper notice pursuant to LAC
33:VII.513.G.3, any person may request that LDEQ consider whether a
public hearing is necessary. If LDEQ determines that the requests
warrant it, a public hearing will be scheduled. If LDEQ determines that
the requests do not raise genuine and pertinent issues, the Office of
Environmental Services is required to send the requestor of the hearing
written notification of the determination. All requests for a hearing
must be in writing and must contain the name and affiliation of
requestor and the comments in support of or in objection to the
issuance of a permit.
Public notice of a public hearing is required under LAC
33:VII.1006.B.4 and LAC 33:VII.509.E.6 if LDEQ determines that a
hearing is necessary. The notice must be published at least 20 days
[[Page 34196]]
before a fact-finding hearing. The publication of the public notice for
a hearing follows the same procedure as described for pre-permit
application, post-permit application and draft permit decisions. Those
persons on the Office of Environmental Services mailing list for
hearings must be mailed notice of the hearing at least 20 days before a
public hearing. Louisiana also requires that a notice be published at
least 20 days before a public hearing in the departmental bulletin, if
available, or on LDEQ's website in the public notices section.
The Office of Environmental Services reviews comments received
within 30 days after the date of a public hearing. LAC 33:VII.509.E.7.
b. Challenges To Permit Decisions
Permit decisions can be challenged. Permit applicants can request
that LDEQ hold an adjudicatory hearing and can appeal the final
determination to the 19th Judicial District Court. La. R.S. 30:2024.
Citizens can appeal final permit actions to the 19th Judicial District
Court. La. R.S. 30:2050.21. Following the issuance or denial of a
permit, under La. R.S. 49:978.1, a person who is aggrieved by a final
decision or order in an adjudication proceeding is entitled to judicial
review whether or not he has applied to the agency for rehearing. La.
R.S. 30:2050.21.A, La. R.S. 30:2050.31. Louisiana also allows an
aggrieved person to appeal a final permit action, a final enforcement
action, or a declaratory ruling only to the 19th Judicial District
Court. A petition for review must be filed in the district court within
30 days after notice of the action or ruling being appealed has been
given. Under La. R.S. 49:979, an aggrieved party may obtain a review of
any final judgment of the district court by appeal to the appropriate
circuit court of appeal.
EPA has preliminarily determined that the Louisiana approach to
public participation requirements provides adequate opportunities for
public participation in the permitting process sufficient to meet the
standard for program approval. The provisions described above meet the
three criteria listed at the beginning of this section by providing
several means by which documents for draft and final permit
determinations are made available for public review and comment, as
well as, ensuring that public comments on permit determinations are
considered and significant comments are responded to in the permit
record.
3. Guidelines for Compliance Monitoring Authority
An adequate permit program must provide the State with the
authority to gather information about compliance, perform inspections,
and ensure that the information it gathers is suitable for enforcement.
La. R.S. 30:2011.D(2) provides the Secretary of LDEQ the general
power to require such conditions as necessary to assure compliance with
applicable Federal and State laws. LAC 33.VII.903.A provides the State
with the authority to undertake investigations to determine whether a
violation has occurred or is about to occur, the scope and nature of
the violation, and the persons or parties involved, and to provide the
results of an investigation to any complainant who provided the
information prompting the investigation, upon written request. LAC
33:VII.529.A.8 also provides LDEQ with the authority to enter a permit
holder's premises, have access to and copy any records kept under the
conditions of its permit, inspect any facilities, equipment practices,
or operations regulated or required under its permit, and sample or
monitor any substances or parameters at any location, for the purposes
of assuring permit compliance.
The State has authorities and guidelines for inspections, analysis
and monitoring, which allow the State to: (1) Verify the accuracy of
information submitted by owners or operators of the CCR unit; (2)
Verify the adequacy of methods (including sampling) used by owners or
operators in developing that information; (3) Produce evidence
admissible in an enforcement proceeding; and (4) Receive and ensure
proper consideration of information submitted by the public.
Per LAC 33:VII:407.C, every permitted facility in Louisiana is
inspected prior to waste acceptance as a start-up inspection. In
addition, LAC 33:VII:407.B requires LDEQ to perform periodic
inspections and LDEQ performs yearly groundwater monitoring system
inspections and yearly compliance inspections. In addition to the
inspections by LDEQ, CCR facilities are also required to submit a
detailed annual certification of compliance in accordance with LAC
33:VII.525 to certify whether the facility is in compliance with the
terms of the permit and to identify any deviations.
All CCR facilities are required to have a groundwater monitoring
program and submit the results semiannually to LDEQ for evaluation. LAC
33:VII.1004.G.3 and LAC 33:VII.1005. CCR facilities are also required
to submit an annual certification of compliance to certify whether the
facility is in compliance with the terms of the permit and to identify
any deviations. LAC 33:VII.525. All certifications and verifications
executed by a licensed professional engineer in an application must be
accompanied by all material technical reports relied upon by the
professional engineer licensed in the State of Louisiana for
certification. LAC 33: VII.1004.B.4.
The Secretary of LDEQ has the authority to conduct inquiries and
develop facts in investigations by staff investigatory procedures or
formal investigations and may conduct inspections and examinations of
facilities and records. La. R.S. 30:2011.D(5), La. R.S. 30:2016, and
LAC 33.VII.905.A. The Secretary may also hold public hearings and/or
issue subpoenas pursuant to La. R.S. 30:2025(I). La. R.S. 30:2011.D(5)
also requires Secretary to hold no less than three public fact-finding
hearings to investigate issues concerning environmental equity in the
administration of department programs with respect to resident
populations who do not have the economic resources to participate in
the environmental decision making affecting their area.
A hearing which is an investigation or an inquiry must be held in
the parish in which the activity gave rise to the hearing. La. R.S.
30:2016. Otherwise, a hearing may be held in any locality. At the
conclusion of the investigation, all facts and information concerning
the alleged violation are compiled by LDEQ staff and a report of the
investigation is presented to the administrative authority for use in
possible enforcement proceedings. Any complainant who provided the
information prompting the investigation is notified of its results. LAC
33:VII.905.A.
Complaints can be submitted by any member of the public in various
ways, via telephone at 225- 219-3640, via email at <a href="/cdn-cgi/l/email-protection#a4f7f4ebe7e4c8c58ac3cbd2"><span class="__cf_email__" data-cfemail="c79497888487aba6e9a0a8b1">[email protected]</span></a>, in
writing, or online through the online citizen complaint form at <a href="https://internet.deq.louisiana.gov/portal/ONLINESERVICES/FORMS/FILE-A-">https://internet.deq.louisiana.gov/portal/ONLINESERVICES/FORMS/FILE-A-</a>
CITIZEN-COMPLAINT. Once a complaint is received by LDEQ, it is
forwarded to the Surveillance Division, assigned a team leader to
investigate, and the assigned team leader investigates the complaint.
Citizens may submit a complaint anonymously via email or telephone.
Once a complaint is investigated, the citizen is notified of the
results of the investigation.
[[Page 34197]]
Accordingly, EPA has preliminarily determined that these compliance
monitoring authorities are adequate, and that this aspect of the
Louisiana CCR permit program meets the standard for program approval.
4. Guidelines for Enforcement Authority
An adequate State CCR permit program must provide the State with
adequate enforcement authority to administer its State CCR permit
program, including the authority to: (1) Restrain any person from
engaging in activity which may damage human health or the environment,
(2) Sue to enjoin prohibited activity, and (3) Sue to recover civil
penalties for prohibited activity.
LDEQ has adequate enforcement authority for its existing programs.
LAC 33:VII.907, La. R.S. 30:2025, and La. R.S. 30:2050. LDEQ is
authorized to initiate action under La. R.S. 30:2025 if a determination
is made that a violation of the terms and conditions of a permit has
occurred or is about to occur. La. R.S. 30:2025 authorizes LDEQ to take
civil action to enforce the provisions of the subtitle, including civil
actions to recover damages and penalties. La. R.S. 30:2050 further
delineates the enforcement procedures and process for judicial review
that would apply to a permitted facility.
Under LAC 33:VII.1008.A, the failure of any person to comply with
the State's CCR regulations or the terms and conditions of any permit
granted or order issued thereunder is a violation of the Louisiana
Environmental Quality Act (La. R.S. 30:2001 et seq.). LAC 33:VII.907
provides LDEQ with the authority to initiate enforcement action against
any facility that fails to comply with the regulations, terms and
conditions of any permit granted, or any order issued. When a violation
occurs, LDEQ may initiate one or more actions. La. R.S. 30:2025.
Specifically, La. R.S. 30:2025.C(1) and (2) and La. R.S. 30:2050.8.A
give LDEQ the authority to bring a civil suit, issue a compliance
order, an emergency cease and desist order, or enter into a cooperative
agreement. The Secretary may issue an emergency cease and desist order
if a violation occurs or is about to occur that endangers or is causing
damage to the public health or the environment. As a result of
enforcement findings, LDEQ may also require modifications for permits.
LDEQ may review a permit at any time. LAC 33:VII.509.G. After review of
a permit, LDEQ may, for cause, suspend, revoke, or modify a permit in
accordance with the procedures outlined in the Louisiana Administrative
Procedure Act, La. R.S. 49:950 et seq.
La. R.S. 30:2050.8.E specifically provides the Secretary the
authority to file an action in a district court for injunctive relief
at the expiration of the cease and desist order. The Secretary is
required to establish that a violation is occurring or is about to
occur and that the violation is endangering or causing significant
damage to public health or the environment.
La. R.S. 30:2025.B provides LDEQ the authority to bring civil suits
to recover any damages or penalties resulting from violation of any
requirement of the Louisiana Environmental Quality Act (La. R.S.
30:2001 et seq.) or permitting requirement. La. R.S. 30:2025.B(1)(a)
and La. R.S. 30:2025.B(1)(d) specifically address the authority of the
attorney general and the procedures for bringing civil suits in a
district court. If the court determines a violation has occurred, then
the penalty must take into consideration the cost of restoring the
affected area to its previous condition and its present market value
and include any reasonable costs made by the State in connection with
the violation. The court may also award actual damages to the
prevailing plaintiff.
The State's authority to recover civil penalties is provided by La.
R.S. 30:2025.E and La. R.S. 30:2026.A. Under La. R.S. 30:2025.E(1)(a),
any person found to be in violation of any requirement of the Act may
be liable for a civil penalty of not more than the cost to the State of
any response action made necessary by such violation and a penalty of
not more than $32,500 for each day of violation. Under La. R.S.
30:2025.E(2), any person to whom a compliance order or a cease and
desist order is issued, who fails to take corrective action within the
time specified in the order, is liable for a civil penalty of not more
than $50,000 for each day of continued violation or noncompliance.
Based on the foregoing, EPA has preliminarily determined that this
aspect of the Louisiana CCR permit program meets the standard for
program approval.
5. Intervention in Civil Enforcement Proceedings
Based on RCRA section 7004, an adequate CCR State permit program
must provide an opportunity for citizen intervention in civil
enforcement proceedings. Specifically, the State must either: (1)
Provide for citizen intervention as a matter of right; or (2) Have in
place a process to: (a) Provide notice and opportunity for public
involvement in civil enforcement actions, (b) Investigate and provide
responses to citizen complaints about violations, and (c) Not oppose
citizen intervention when permissive intervention is allowed by
statute, rule, or regulation.
The Louisiana statutes and Code of Civil Procedure provide the
opportunity for the public to intervene and participate in the State's
civil enforcement process. La. R.S. 30:2050.10.A provides the Secretary
of LDEQ with the authority to adopt procedures for the issuance of
declaratory rulings on significant matters, including providing
aggrieved persons the right of intervention by aggrieved persons at La.
R.S.30:2050.10.A(7). Article 1091 of the Louisiana Code of Civil
Procedure allows a third person having an interest to intervene in a
pending action to enforce a right related to or connected with the
object of the pending action against one or more of the parties.
La. R.S. 30:2050.1.B.(1) requires the Secretary to maintain a list
of all notices of violations, compliance orders, and penalty
assessments issued in the preceding three months. The list must be
updated monthly. La. R.S. 30:2050.1.B.(2)(a). On a periodic basis, the
Secretary must mail a copy of the list, either separately or as part of
a LDEQ publication, to persons who request that they be placed on the
mailing list.
Pursuant to La. R.S. 30:2050.6.B.(4), the Secretary has the
authority to provide opportunity for members of the public to file
written comments regarding a contested order or assessment and to
attend the informal hearing if one is held. La. R.S. 30:2050.7.B
requires that before signing a settlement or compromise, the Secretary
must invite and receive written public comment on the proposed
settlement agreement or compromise during the 45 days following notice
to the attorney general.
Under La. R.S. 30:2050.7.C, the Secretary must give notice of a
proposed settlement or compromise to a person who has requested notice
and must require the respondent to publish a notice in the official
journal of the parish governing authority for the parish in which the
violation that gives rise to the order or assessment occurred. The
Secretary may also require the respondent to publish the notice in any
other newspaper of general circulation.
The Secretary may hold a public hearing regarding a proposed
settlement or compromise under La. R.S. 30:2050.7.D when either of the
following conditions is satisfied: (1) A
[[Page 34198]]
written request for a public hearing has been filed by 25 persons, by a
governmental subdivision or agency, or by an association having not
less than 25 members who reside in the parish in which the facility is
located; or (2) The Secretary finds a significant degree of public
interest in the settlement or compromise.
La. R.S. 30:2026.A(1) allows any person having an interest, which
is or may be adversely affected, to commence a civil action on his own
behalf against any person whom he alleges to be in violation of the Act
or of the regulations. The action must be brought either in the
district court in the parish in which the violation or alleged
violation occurs or in the district court of the domicile of the
alleged violator, and must be afforded preferential hearing by the
court. La. R.S. 30:2026.C specifies that nothing in La. R.S. 30:2026
shall be construed to limit or deny any person's right to injunctive or
other extraordinary and ordinary relief provided the requirements of
La. R.S. 30:2026 are followed. La. R.S. 30:2026.A(3) allows the court
to award costs of court including reasonable attorneys and expert
witness fees to the prevailing party.
EPA has preliminarily determined that these authorities provide for
an adequate level of citizen involvement in the enforcement process,
and that this aspect of the Louisiana CCR permit program meets the
standard for program approval.
B. Adequacy of Technical Criteria
EPA conducted an analysis of the Louisiana CCR Permit Program
Application, including a thorough analysis of Louisiana statutory
authorities at La. R.S. 30:2001 et seq. for the CCR program, as well as
its regulations at LAC 33:VII.Chapter 10. As noted, Louisiana has
requested partial program approval of its CCR permit program.
1. Louisiana CCR Units and Resources
LDEQ has identified 9 disposal units that are currently or have
been used for disposal of CCR wastes (3 landfills and 6 surface
impoundments) at 4 facilities in Louisiana.\6\ LDEQ demonstrated that
it has the personnel to administer a permit program that is at least as
protective as the Federal requirements.\7\ LDEQ indicates that the
State program is funded by fees and fines collected as part of the
solid waste, hazardous waste, water, air, and remediation programs. La.
R.S. 30:2014. As the CCR facilities are solid waste facilities, fees
from these facilities would directly contribute to LDEQ funding
including solid waste permit application review fees, permit
modification review fees, annual fees, closure plan review fees, annual
groundwater monitoring and maintenance fees, and enforcement fines. In
addition, LDEQ applied for EPA State and Tribal Assistance Grants
(STAG) funding for Fiscal Years 2023 through 2026. In total, LDEQ has
received $517,396 in funding to develop its CCR permit program. If EPA
receives future appropriations, if approved, LDEQ can continue to apply
and receive funds for implementation of its CCR permit program. EPA has
preliminarily determined that LDEQ staffing and funding are adequate
for LDEQ to administer the CCR permit program.
---------------------------------------------------------------------------
\6\ For more information on the specific facilities covered by
the Louisiana CCR Permit Program, see pages 14-15 of the Narrative,
which is included in the docket for this action.
\7\ The discussion on State personnel is included on pages 15-17
of the Narrative, which is included in the docket for this action,
and is described further in the Technical Support Document.
---------------------------------------------------------------------------
2. Louisiana CCR Regulations
EPA has preliminarily determined that the portions of the Louisiana
CCR permit program that were submitted for approval meet the standard
for approval under RCRA section 4005(d)(1)(B)(i), 42 U.S.C.
6945(d)(1)(B)(i). To make this preliminary determination, EPA compared
the technical requirements in the Louisiana CCR regulations at LAC
33:VII.Chapter 10 to the Federal CCR regulations at 40 CFR part 257 to
determine whether they differed from the Federal requirements, and if
so, whether those differences met the standard in RCRA sections
4005(d)(1)(B)(ii) and (C), 42 U.S.C. 6945(d)(1)(B)(ii) and (C).
The Louisiana Environmental Quality Act (La. R.S. 30:2001 et seq.)
establishes authority and procedures for LDEQ to carry out the purposes
of the Act. LDEQ has jurisdiction over all aspects of management of
industrial solid waste, including the regulation of CCR material.
Act 449 of 1979 established State Authority to develop and
implement a regulatory control and management program for solid wastes
consistent with the requirements of RCRA. This act and Act 507 of 1980
have resulted in the incorporation of the objectives and elements of
the RCRA subtitle D State Solid Waste Plan into State law. LDEQ has
enforced these regulations since 1989 and has ensured that all
facilities that process, manage, store, and/or dispose of solid waste
in Louisiana operate in a manner protective of human health and the
environment. The solid waste rules and regulations were developed under
the authority of the Secretary of LDEQ, as mandated by the Louisiana
Solid Waste Management and Resource Recovery Law (La. R.S. 30:2151 et
seq.).
In 1983, Act 449 was renamed the Environmental Quality Act, and Act
97 provided for the creation of LDEQ. These changes affected only the
structure and organization of the agency; the purposes and policies of
environmental protection in the State remained unchanged, and the
charge to adopt and promulgate rules and regulations and to develop
standards was directed to the Secretary of LDEQ. In 1991, Act 735
mandated that LDEQ publish the Environmental Regulatory Code and update
the code quarterly. LAC 33:VII. Solid Waste Regulations were prepared
and published according to La. R.S. 49:950. The second edition of the
Environmental Regulatory Code was published pursuant to La. R.S.
49:963.1 and included all policies and procedures adopted by LDEQ on
February 20, 1993. LDEQ regulations give LDEQ the authority to
implement permitting regulations, groundwater regulations, enforcement
regulations, and financial assurance requirements.
Louisiana's authority to incorporate the Federal CCR regulations by
reference is based on La. R.S. 30:2180(A)(3) which provides LDEQ the
authority to exercise all incidental powers necessary to assure that
the State program is consistent with any Federal laws or regulations.
On October 20, 2024, LDEQ adopted rules in the Louisiana Register
Volume 50, Number 10, to adopt the requirements of the 40 CFR part 257,
subpart D Standards for the Disposal of Coal Combustion Residuals in
Landfills and Surface Impoundments. At LAC 33:VII.1003.A, Louisiana
largely adopted by reference 40 CFR part 257, subpart D as amended
through July 1, 2022, except for 40 CFR 257.50(e), 257.51, and all
amendments made to the Federal CCR regulations by the July 30, 2018
Final Rule (83 FR 36435), the May 8, 2024 Final Rule (89 FR 38950), the
Legacy Technical Corrections Final Rule (89 FR 88650, November 8,
2024), or the February 10, 2026 final rule (91 FR 5806). With these
exceptions, the technical requirements are identical to, or equivalent
to, the Federal CCR regulations.
In addition, LDEQ adopted certain additional State-specific
provisions. With these exceptions, LDEQ states that the technical
requirements are identical to the Federal CCR regulations.
3. Louisiana Partial Program
LDEQ is seeking approval of its partial CCR permit program pursuant
to RCRA
[[Page 34199]]
section 4005(d). Louisiana's CCR regulations reflect 40 CFR part 257,
subpart D, as amended through December 14, 2020, except for the certain
provisions of the July 2018 Final Rule (83 FR 36435, July 30, 2018);
however, the Federal CCR regulations have changed since then as a
result of litigation and the Legacy CCR surface impoundments and CCR
management units final rule (89 FR 38985, May 8, 2024) (the 2024 Legacy
Rule), and the CCR Management Unit Deadline Extension Rule (91 FR 5806,
February 10, 2026). LDEQ has not adopted regulations reflecting certain
2018, 2024, or February 2026 changes. Therefore, LDEQ has not sought
approval of any State regulations that would operate in lieu of these
amendments. EPA is approving only those aspects of Louisiana's CCR
program that were submitted for approval.
In the 2024 Legacy Rule, EPA amended certain terms and provisions
that apply to all CCR units. It is EPA's understanding that LDEQ
interprets the provisions in LAC 33:VII.Chapter 10 the same as EPA
interprets these in 40 CFR part 257, subpart D. Therefore, EPA is
approving the State's version of these requirements:
1. Throughout 40 CFR part 257, subpart D, the regulations were
amended by removing the phrase ``Web site'' and adding in its place the
word ``website'' wherever it appears.
2. 40 CFR 257.50(c); this amendment revises the scope of
applicability to specify that it includes inactive CCR surface
impoundments at utilities or power producers regardless of how
electricity is currently being produced at the facility.
3. 40 CFR 257.51; this section was reserved, as the effective date
of 40 CFR part 257, subpart D, October 19, 2015, has passed.
4. 40 CFR 257.52; this amendment clarifies that all CCR units are
subject to the requirement to comply with all other Federal, State,
Tribal, or local laws or other requirements. In addition, all CCR units
continue to be subject to 40 CFR 257.3-1, 257.3-2, and 257.3-3.
5. ``Active facility or active electric utilities or independent
power producers''; this amendment to 40 CFR 257.53 clarifies that the
relevant operational date for any active facility or active electric
utilities or independent power producers is on or after October 19,
2015.
6. ``CCR landfill or landfill''; this amendment to 40 CFR 257.53
clarifies that a CCR landfill means an area of land or an excavation
that ``contains'', rather than ``receives'', CCR, and meets the other
criteria of the definition.
7. ``CCR surface impoundment or impoundment''; this amendment to 40
CFR 257.53 deleted the words ``which is''.
8. ``CCR unit''; this amendment to 40 CFR 257.53 clarifies that
this term includes legacy CCR surface impoundments and CCRMU.
9. ``Contains both CCR and liquids''; this additional definition in
40 CFR 257.53 is consistent with the term's plain meaning and
dictionary definitions as this term used in the closure performance
standard in 40 CFR 257.102(d)(2)(i) for CCR surface impoundments.
10. ``Inactive CCR surface impoundment'', this amendment to 40 CFR
257.53 clarifies that this term is applicable to such CCR surface
impoundments ``located at an active facility.''
11. ``Infiltration''; this additional definition in 40 CFR 257.53
is consistent with the term's plain meaning and dictionary definitions
to assist in the application of closure performance standards for CCR
units.
12. ``Liquids''; this additional definition in 40 CFR 257.53 is
consistent with the term's plain meaning and dictionary definitions to
assist in the applicability for CCR surface impoundments and the
application of closure performance standards for CCR units.
13. ``State Director''; this amendment to 40 CFR 257.53 clarifies
that the State director is the chief administrative officer of the lead
State agency responsible for implementing the State program regulating
disposal in all CCR units.
14. ``Technically feasible or feasible''; this amendment to 40 CFR
257.53 clarifies that certain requirements of 40 CFR part 257, subpart
D refer only to feasible rather than technically feasible. The
amendment ensures that these terms are interpreted in the same way.
15. ``Technically infeasible or infeasible''; this amendment to 40
CFR 257.53 clarifies that certain requirements of 40 CFR part 257,
subpart D refer only to infeasible rather than technically infeasible.
The amendment ensures that these terms are interpreted in the same way.
16. 40 CFR 257.61(a); this amendment updates a reference to 40 CFR
230.41(a), as the previously referenced provision has since been
amended.
17. 40 CFR 257.80(a); this amendment clarifies that all CCR units
are subject to the fugitive dust requirements.
18. 40 CFR 257.90(a); this amendment clarifies that all CCR units
are subject to the groundwater monitoring and corrective action
requirements. In addition, it corrects a typographical error.
19. 40 CFR 257.100(a)(1); this amendment clarifies that inactive
CCR surface impoundments, regardless of how the facility produces
electricity, are subject to the same compliance deadlines applicable to
existing CCR surface impoundments, subject to certain requirements.
20. 40 CFR 257.104(a); this amendment clarifies that all owners or
operators of CCR units that are subject to 40 CFR 257.102 are subject
to the post-closure care requirements, except for those owners and
operators of a CCR unit that elect to close the CCR unit by removing
CCR.
First, LDEQ is not seeking approval of the following provisions of
the State regulations:
1. A portion of LAC 33:VII.1003.A: The State adopted requirements
from 40 CFR 257.73(a)(4), 257.73(d)(1)(iv), 257.74(a)(4), and
257.74(d)(1)(iv) for vegetative cover for slope stability, but is not
seeking approval because the Federal provision has been challenged and
is under reconsideration;
2. A portion of LAC 33:VII.1003.A: The State has adopted the
groundwater protection standards for cobalt, lead, lithium, and
molybdenum found at 40 CFR 257.95(h)(2), but is not seeking approval
because the Federal provision has been challenged and is under
reconsideration.
3. The variance and exemption provisions in LAC 33:I.Chapter 18,
LAC 33:VII:307, and La. R.S. 30:2014, 2014.1: LDEQ may grant or approve
variances or exemptions for permitted solid waste facilities that
differ from the regulations. However, as written, it would be difficult
for EPA to establish a record to support finding that this variance
process would meet the RCRA section 4005(d) approval standard. As a
result, LDEQ is not seeking approval for the variance and exemption
provisions.
Second, the following list identifies amendments to the
requirements in 40 CFR part 257, subpart D that were not included in
Louisiana's application. These provisions will continue to apply
directly to, and remain Federally enforceable for, each CCR unit in
Louisiana. Meaning, the requirements in LAC 33:VII.1003.A that do not
meet the standard for approval as of the date of the Proposed Approval,
as enumerated below, are not being approved:
1. 40 CFR 257.90(g) for suspension of groundwater monitoring;
Third, EPA amended certain provisions of the Federal CCR
regulations in the 2024 Legacy Rule that
[[Page 34200]]
apply to all CCR units and are more prescriptive than the requirements
in the 2015 CCR Rule. LDEQ did not adopt these amendments and did not
seek approval of these provisions. Thus, the following Federal
provisions will be applicable to CCR units in Louisiana:
1. ``Operator''; this amendment to 40 CFR 257.53 specifies the
definition of operator to include certain other person(s) including
those responsible for disposal or otherwise actively engaged in the
solid waste management of CCR and person(s) responsible for directing
or overseeing groundwater monitoring, closure or post-closure
activities at a CCR unit.
2. ``Owner''; this amendment to 40 CFR 257.53 broadened the
definition of owner to include person(s) who own a facility, whether in
full or in part.
3. 40 CFR 257.80(b)(6); this amendment specifies that the owner or
operator must amend the written fugitive dust control plan no later
than 30 days whenever there are certain changes in condition.
4. 40 CFR 257.102(c)(2); this amendment specifies the criteria for
complete removal and decontamination activities during the active life
and post-closure care period of a CCR unit.
5. 40 CFR 257.102(d)(2); this amendment specifies that the closure
performance standards for drainage and stabilization of a unit when
leaving CCR in place apply to all CCR units, including CCR management
units (CCRMU) and CCR landfills, where free liquids remain in the unit.
6. 40 CFR 257.102(f)(2)(ii)(C) and (D); these amendments specify
that CCR landfills that intersect with groundwater are eligible for the
closure time extensions available to CCR surface impoundments, subject
to certain requirements.
7. 40 CFR 257.104(a)(2), (c)(1) and (3); these amendments specify
that an owner or operator closing a CCR unit pursuant to the closure by
removal and decontamination standards during the active life and post-
closure care period, 40 CFR 257.102(c)(2), must complete groundwater
corrective action.
8. 40 CFR 257.104(g); this amendment specifies that a deed
notation, required pursuant to 40 CFR 257.102(i), may be removed after
the owner or operator demonstrates that groundwater monitoring
concentrations no longer exceed any protection standard (i.e., the unit
must be in detection monitoring) and certain notifications of
completion of post-closure care are completed.
9. 40 CFR 257.105(a); this amendment specifies that each file in
the operating record must indicate the date the file was placed in the
record.
10. 40 CFR 257.105(e); (f)(1) through (14); (f)(19); (g); (h)(1)
through (4); (h)(10) and (11); (h)(13) and (14); (i)(4) through (20);
these amendments extend the retention times for certain documents
maintained in the operating record.
11. 40 CFR 257.107(b); this amendment specifies that owners and
operators using one website to meet the requirements of multiple
environmental rules must delineate the postings for each regulatory
program under a separate heading on the combined website.
12. 40 CFR 257.107(e); (f)(1) through (4); (f)(6) through (13);
(f)(18); (g); (h)(1) through (3); (h)(8); (h)(10) through (11); (i)(4)
through (20); these amendments extend the retention times for certain
documents maintained on the facility's CCR website.
Fourth, in the 2024 Legacy Rule, EPA added requirements for legacy
CCR surface impoundments. LDEQ did not adopt these amendments. Thus,
any legacy CCR surface impoundments in Louisiana will remain subject to
the following Federal CCR regulations:
1. 40 CFR 257.50(e); this amended provision specifies that 40 CFR
part 257, subpart D applies to electric utilities or independent power
producers that ceased producing electricity prior to October 19, 2015
and have a legacy CCR surface impoundment onsite.
2. ``Inactive facility or inactive electric utility or independent
power producer''; this added definition to 40 CFR 257.53 specifies the
facility where legacy CCR surface impoundments are located.
3. ``Legacy CCR surface impoundment''; this added definition to 40
CFR 257.53 specifies a new type of CCR unit that meets certain
criteria.
4. 40 CFR 257.100(a)(2); EPA amended 40 CFR 257.100(a) to add
paragraph (2), which specifies that legacy CCR surface impoundments are
subject to all of the requirements applicable to existing CCR surface
impoundments, except for the requirements in 40 CFR 257.60 through
257.64 and 257.71.
5. 40 CFR 257.100(f) through (j); these additional provisions
include reporting and technical requirements for legacy CCR surface
impoundments.
6. 40 CFR 257.101(e); this added provision specifies the deadlines
when owners or operators of legacy CCR surface impoundments must
initiate closure.
7. 40 CFR 257.101(g); this added provision specifies requirements
for deferral to permitting for closures conducted under substantially
equivalent regulatory authority.
8. 40 CFR 257.105(k), 257.106(k), and 257.107(k); these added
provisions specify recordkeeping, notification, and CCR website posting
requirements for legacy CCR surface impoundments.
Fifth, in the 2024 Legacy Rule, EPA also added requirements for CCR
management units. LDEQ did not adopt these provisions. Thus, any CCR
management units in Louisiana will remain subject to the following
Federal CCR regulations:
1. 40 CFR 257.50(d); this amended provision specifies the scope of
CCRMU requirements.
2. ``CCR management unit''; this additional definition in 40 CFR
257.53 is for a new type of CCR unit.
3. ``Closed prior to October 19, 2015''; this additional definition
in 40 CFR 257.53 specifies the applicability of CCR landfills or
surface impoundments that completed closure of the unit in accordance
with State law prior to October 19, 2015.
4. ``Critical infrastructure''; this additional definition in 40
CFR 257.53 specifies infrastructure, large buildings, or other
structures vital to the success or continuation of current site
operations or activities for the public welfare. Under the Federal CCR
regulations, CCRMU located under critical infrastructure have the
option to defer certain requirements to permitting.
5. ``Inactive CCR landfill''; this additional definition in 40 CFR
257.53 is for a new type of CCR unit related to CCRMU.
6. ``Regulated CCR unit''; this additional definition in 40 CFR
257.53 is a conforming change, which means any new CCR landfill,
existing CCR landfill, new CCR surface impoundment, existing CCR
surface impoundment, inactive CCR surface impoundment, or legacy CCR
surface impoundment. This term specifies that CCRMU are not considered
regulated CCR units.
7. 40 CFR 257.75; this additional section includes requirements for
identifying CCRMU.
8. 40 CFR 257.90(b)(3); this additional provision specifies a
deadline for the owners and operators of CCRMU to comply with certain
groundwater monitoring requirements.
9. 40 CFR 257.90(e); EPA amended one sentence in this provision to
add an annual groundwater monitoring and corrective action report
deadline for CCRMU. LDEQ has not adopted this amendment, see LAC
33:VII.1003.A. Therefore, the majority of this provision, as adopted by
LDEQ based on the December 14, 2020 version of 40 CFR 257.90(e), is
approved for LDEQ to administer, but the added deadline for
[[Page 34201]]
CCRMU will remain the applicable criteria for CCRMU in State and any
CCRMU in State will remain subject to the Federal CCR regulations.
10. 40 CFR 257.95(b); this amended provision adds a deadline for
CCRMU to sample and analyze the groundwater for all constituents in 40
CFR part 257, appendix IV.
11. 40 CFR 257.101(f); this additional provision specifies the
deadlines when CCRMU must initiate closure.
12. 40 CFR 257.101(g) and (h); these include additional
requirements for deferral to permitting for closures conducted under
substantially equivalent regulatory authority and under critical
infrastructure.
13. 40 CFR 257.102(b)(2)(iii) and (v); these amended provisions
renumber paragraph (b)(2)(iii) to (iv) and add new paragraphs
(b)(2)(iii) and (v). The added provisions are only applicable to CCRMU.
14. 40 CFR 257.102(f)(1)(iii); this additional provision specifies
when CCR management units must complete closure activities.
15. 40 CFR 257.102(f)(2)(ii)(E) and (F); these additional
provisions specify when CCR management units may extend the complete
closure activities.
16. 40 CFR 257.104(d)(2)(iii); these amended provisions renumber
paragraph (d)(2)(iii) to (iv) and add a new paragraph (d)(2)(iii). This
added provision is only applicable to CCRMU.
17. 40 CFR 257.105(f)(25) and (26), 40 CFR 257.106(f)(24) and (25),
40 CFR 257.107(f)(24) and (25); these include additional recordkeeping,
notification, and CCR website posting provisions for CCRMU.
Sixth, Louisiana has one exclusion in the State CCR regulations
that is not being approved as EPA has determined the provision is not
at least as protective as the Federal CCR regulations. Therefore, the
Federal CCR regulations will continue to apply for this type of unit.
1. At LAC 33:VII.1001.B.2, Louisiana exempts from the State's CCR
regulations ``CCR surface impoundments that no longer contain water or
can no longer impound liquids.''
EPA has preliminarily determined that the Louisiana CCR regulations
contain all of the technical elements of the Federal CCR regulations,
including requirements for location restrictions, design and operating
criteria, groundwater monitoring and corrective action, closure
requirements and post-closure care, recordkeeping, notification, and
CCR website posting requirements. The Louisiana partial CCR permit
program also contains State-specific language, references, definitions,
and requirements that differ from the Federal CCR regulations, but
which EPA has preliminarily determined to be ``at least as protective
as'' the Federal criteria. These State-specific requirements are also
discussed further in sections III.1. and V. of the Technical Support
Document.
The effect of approving a partial State CCR permit program is that,
except for the provisions for which EPA has not granted approval, the
Louisiana partial CCR permit program will operate in lieu of the
Federal CCR regulations. For the State provisions that are not approved
upon finalization, the corresponding Federal requirements will continue
to apply directly to facilities, and therefore facilities must comply
with both the Federal requirements and the State requirements. RCRA
section 4005(d)(3).
V. Louisiana CCR Permits
In accordance with LAC 33:VII.1004.A, all CCR units must be
permitted in accordance with LAC 33:VII.Chapter 10. LDEQ has not issued
any LAC 33:VII.Chapter 10 CCR permits in the State. In accordance with
LAC 33:VII.1004.A the owner or operator of existing CCR landfill and
CCR surface impoundment must submit an application for a major
modification or permit renewal within 365 days of the approval of the
State CCR permit program for all current CCR units that have LDEQ solid
waste permits. In accordance with LAC 33:VII:1003.C, the disposal or
management of CCR in a new or lateral expansion of a CCR landfill or
surface impoundment is prohibited unless such activity is authorized by
a permit issued in accordance with LAC 33:VII.509, 513, and 517.
Since LDEQ has not issued permits under LAC 33:VII.Chapter 10
regulations, no LDEQ permits are part of the permit program record
under review. In accordance with RCRA sections 4005(d)(3)(A) and
4005(d)(6), in the absence of a permit issued under an approved State
program, the owner or operator of a CCR unit must continue to comply
with the Federal CCR regulations until a permit from an approved State
is issued. 42 U.S.C. 6945(d)(3)(A), and (d)(6). Any permits issued
after approval will be subject to program review provisions required by
RCRA sections 4005(d)(1)(D)(i) and 4005(d)(1)(D)(ii). 42 U.S.C.
6945(d)(1)(D)(i), and (ii).
VI. Proposed Action
EPA has preliminarily determined that the Louisiana partial CCR
permit program meets the statutory standard for approval. Therefore, in
accordance with 42 U.S.C. 6945(d), EPA is proposing to approve the
Louisiana partial CCR permit program.
Lee Zeldin,
Administrator.
[FR Doc. 2026-11312 Filed 6-4-26; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.