LAC 33:I.1901. Applicability

A. This Chapter applies to changes at a facility for a company/facility name change or an ownership/operator change for certain effective permits issued under the air, water, hazardous waste, and solid waste regulatory programs. The new owner/operator shall comply with the financial assurance requirements in accordance with LAC 33:I.1907 or 1909. 1. Notifications of changes shall be submitted by the new owner/operator to the department on the most current version of the Notification of Change Form (NOC-1 Form) approved by the department. This form may be found on the department’s website. Notification of changes shall be made for or holding any air permits, Louisiana Pollutant Discharge Elimination System (LPDES) permits, hazardous waste permits, and/or solid waste permits as indicated below: a. air quality permits, including, but not limited to: i. regulatory permits; ii. minor source permits; iii. Title V permits; iv. acid rain permits; v. prevention of significant deterioration (PSD) permits; vi. exemptions granted under LAC 33:III.501.B.4; vii. exemptions to test granted under LAC 33:III.523.B. may be transferred at the discretion of the administrative authority; and viii. variances granted under LAC 33:III.917 or 2119, may be transferred at the discretion of the administrative authority: b. solid waste permits; c. hazardous waste permits; d. LPDES permits, except as noted in Subsection A.5 and C of this Section; and e. biosolids permits. 2. Administratively extended permits may be transferred under this Chapter at the discretion of the administrative authority. 3. The NOC-1 Form shall not be used to make name changes, or to transfer authorization to a new owner or operator for: a. radiation permits and licenses; b. UST registrations and certifications; c. water quality certifications; d. certifications, registrations, and accreditations related to the asbestos program; e. certifications, registrations, and accreditations related to the lead based paint program; f. transporter ID numbers and authorizations under the hazardous waste program (see Subsection D of this Section); g. transporter ID numbers and authorizations under the solid waste and sewage sludge programs; h. accreditations under the Louisiana Environmental Laboratory Accreditation Program; and i. name and ownership/operator changes for sites undergoing remediation, other than for the transfer of effective permits associated with the site(s). 4. The following do not qualify for company/facility name or ownership/operator changes by the department through the NOC-1 Form: a. LPDES general permits, which specifically include language prohibiting transfer of permit coverage; b. any hazardous waste variances requested or updated in accordance with LAC 33:V.105.K; c. any permit that is expired, terminated, or rescinded (except that administratively continued permits pending renewal may be transferred at the discretion of the permitting authority); and d. administrative orders, settlement agreements, orders on consent, orders to close, orders to upgrade, or any other such mechanism. B. A name or ownership/operator change processed in accordance with this Chapter will be considered a minor permitting action or administrative amendment. Name or ownership/operator change requests shall be processed in accordance with this Chapter, unless the administrative authority determines the name or ownership/operator change shall be processed pursuant to the requirements for a minor permit modification or administrative amendment in lieu of the procedures contained in this Chapter. C. When the ownership of a facility holding an LPDES permit changes and there is no change to the operator of that facility, a LPDES permit transfer is not required. A NOC-1 Form shall be submitted for a change in the name of a facility or a change in the name of the company, in accordance with LAC 33:I.1905. D. EPA Hazardous Waste Identification (ID) Numbers 1. EPA hazardous waste ID numbers are not transferable. 2. For facilities with a hazardous waste permit, the new applicant shall submit both an accurate and complete NOC-1 Form to transfer the permit and an accurate and complete Notification of Hazardous Waste Activity Form (HW-1 Form), or a RCRA Subtitle C Site Identification Form (EPA Form 8700-12) for changes to the EPA hazardous waste ID number in accordance with LAC 33:V.1017. The applicant shall use the most current versions of the NOC-1 and HW-1 forms approved by the department. 3. For facilities with an EPA hazardous waste ID number that do not have a hazardous waste permit, and that have other permits subject to these regulations, the applicant shall submit an accurate and complete NOC-1 Form for the transfer of the permit(s) and an accurate and complete HW-1 (or EPA Form 8700-12) for changes to the EPA hazardous waste ID number in accordance with LAC 33:V.1017. The applicant shall use the most current versions of the NOC-1 and HW-1 forms approved by the department. 4. For facilities with only an EPA hazardous waste ID number and no permits subject to transfer, the applicant need only submit an accurate and complete HW-1 Form (or EPA Form 8700-12) in accordance with LAC 33:V.1017. The applicant shall use the most current version of the HW-1 Form approved by the department. E. The terms administratively complete, administrative amendment, financial assurance, and minor modification as used in this Chapter shall have the same meaning and intent as when used in LAC 33:Parts III, V, VII, and IX. The term operational control shall consist of having custody, care, or concern over a thing subject to regulation by the Louisiana Environmental Quality Act or the Louisiana Administrative Code when the custodian has the right to direct or control it, and has a duty to prevent harm occasioned by the violation of the Louisiana Environmental Quality Act or other environmental regulations. F. This Chapter does not supersede an otherwise applicable requirement addressing administrative amendments or modifications in the air, LPDES, hazardous waste, and solid waste programs, in particular, applicable regulations promulgated under 40 CFR part 63 (MACT standards), or acid rain program requirements.