la-202609-e686adf8b9: Waste Tire Regulation Revisions

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C.Except for waste tires stored at the facilities listed in Paragraphs 2 and 3 of this Subsection, all waste tires shall be stored in accordance with LAC 33:VII.10519.I. No person shall store more than 20 waste tires unless the tires are: C.1. - D.… E.No processor shall receive payment from the Waste Tire Management Fund without a standard processing permit issued by the administrative authority, an effective Processor’s Agreement, and an approved end-market use project in which waste tires and/or waste tire material are utilized. F.No generator, collector, or processor shall store any waste tires for longer than 365 days, unless given prior written approval by the administrative authority.

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K.Access to Facilities. The administrative authority or representative shall have access to the premises of all facilities used for the management of waste tires for all purposes authorized under R.S. 30:2001 et seq., particularly R.S. 30:2012. The inspection may be conducted during normal operating hours. The department reserves the right to conduct inspections before and after operating hours. Upon request of the operator or permit holder, the administrative authority or his representative shall discuss the preliminary findings of any investigation before leaving the premises. L.Notice of Fire or Damage to Structures in a Waste Tire Facility. Notification shall be made in accordance with LAC 33:I.3915. In the case of an emergency condition, as defined in LAC 33:I.3905, or in accordance with LAC 33:I.3923 in all other cases, when damage to, or degradation of, any structure occurs that would impair the ability of the facility to meet the conditions of its permit, or when any fire occurs at a waste tire facility. M.Compliance with Other Regulations. All facilities may be subject to applicable federal and state laws and regulations including, but not limited to, Sections 402 and 404 of the Clean Water Act; the Coastal Zone Management Act and Federal Aviation Administration regulations; the National Historic Preservation Act of 1966, as amended; the Endangered Species Act; the Wild and Scenic Rivers Act; the Fish and Wildlife Coordination Act; the Clean Air Act; the Toxic Substances Control Act; the Marine Protection Research and Sanctuary Act; the Resource Recovery and Conservation Act; and the Federal Insecticide, Fungicide, and Rodenticide Act. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411-2422. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:38 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2774 (December 2000), amended by the Office of Environmental Assessment, LR 31:1323 (June 2005), amended by the Office of the Secretary, Legal Division, LR 42:248 (February 2016), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10511.Permit System

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3.Permit Provisions a.Permit Duration. A standard permit issued to a processing and/or collection facility shall be valid for 10 years from the date of issuance. Permit renewal applications shall be submitted no less than 365 calendar days before the expiration date of the standard permit, unless written permission for later filing is granted by the administrative authority. If the renewal application is submitted on or before the deadline above, and the administrative authority does not issue a final decision on the renewal application on or before the expiration date of the standard permit, the standard permit shall remain in effect until the administrative authority issues a final decision. b.… B.Modifications 1.The permit holder shall submit a permit modification request to the Office of Environmental Services for any changes in a facility or deviation from a permit. All permit modification requests shall detail the proposed modifications and shall include an assessment of the effects of the modification on the environment and/or the operation. Modification details shall include, but not be limited to, a summary detailing the modification request and all appropriate drawings, narratives, etc., which shall illustrate and describe the originally-permitted representations and the proposed modifications. New language requested in the permit narrative and existing language requested to be deleted from the permit shall be identified. a.Modification requests shall be submitted using the appropriate permit application form. Only those sections that are proposed for modification shall be completed. The administrative authority may request further information so that a proper determination may be made. Six paper copies of all modification requests shall be provided to the Office of Environmental Services. The modification request shall incorporate, in the appropriate sections, all required plans and narratives. The modification request shall include appropriate tabbing, if applicable, for all attachments. A facility seeking to modify its permit to include changes that constitute a physical expansion of the facility’s existing boundaries, as in the facility’s existing permit, shall follow the pre-application requirements listed at LAC 33:VII.10513.B. b.Each permit modification request, where a permit modification review fee is prescribed, shall be accompanied by remittance of the fee. No permit modification requests shall be accepted or processed prior to payment in full of the amount specified. 2.All proposed changes in ownership shall comply with the provisions specified in LAC 33:I.Chapter 19. 3.All major modification requests shall address the additional supplemental information required according to LAC 33:VII.10517.A.22 in relation to the proposed permit modification activity. C.Public Notice of Modifications 1.Major modifications require public notice after a draft permit decision is prepared. Modifications to a permit that require public notice include, but are not limited to: a.an increase in the volume of waste tires to be received at a facility; b.a physical expansion of the service area; c.expansion of the facility boundaries; d.an extension of the operating hours or days of operation; e.a change to the facility that may have an impact on traffic patterns; or f.other changes in the permit that tend to make the permit requirements less stringent. 2.Once an application for a permit modification that requires public notice has been determined to be technically complete by the Office of Environmental Services, the application shall be accepted for public review. The applicant shall provide additional copies as directed by the administrative authority. The department shall prepare a draft permit decision following the procedures in LAC 33:VII.10513.F. D.No modification shall be instituted without the written approval of the administrative authority as follows. 1.For major modifications, the administrative authority shall issue a final permit decision after the public notice period required in LAC 33:VII.10513.H.5. Final permit decisions shall follow the procedures outlined in LAC 33:VII.10513.I. 2.For minor modifications, the administrative authority shall issue a final permit decision after review of the requested modification. E.Suspension, Modification, or Revocation of Permit. The administrative authority may review a permit at any time. After review of a permit, the administrative authority may, for cause, suspend, modify, or revoke a permit in whole or in part in accordance with the Administrative Procedure Act. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411-2422. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:38 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2775 (December 2000), amended by the Office of the Secretary, Legal Division, LR 42:249 (February 2016), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10513.Permit Process for Existing and Proposed Facilities A.Applicability. All waste tire standard permit applications and modification applications submitted after promulgation of these regulations shall follow the procedures of LAC 33:VII.10513.B-J, as applicable. B.Pre-Application Requirements 1.All prospective applicants for waste tire standard permits, except for those applicants exempted under Subparagraphs d.-f. of this Subsection, shall comply with the following requirements prior to submitting a permit application. a.The prospective applicant shall obtain written confirmation from the appropriate municipal or parish governing authority where the facility is proposed to be located indicating that the facility is or will be in compliance with all existing local zoning and land use restrictions. The written confirmation may be submitted on a form provided in the application. The prospective applicant shall forward a copy of the written confirmation to the administrative authority for review. If the municipal or parish governing authority fails to provide to the applicant the requested written confirmation within 90 days of the request by the applicant, the applicant shall provide all information submitted to the municipal or parish governing authority regarding the request to the administrative authority and may submit the permit application without the written confirmation. Failure to include the written confirmation with applications submitted after the 90 day time frame above shall not constitute grounds for the application to be deemed administratively incomplete in accordance with LAC 33:I.1505. The administrative authority shall request that the municipal or parish governing authority provide a response within 60 days. If the municipal or parish governing authority fails to provide a response to the department within the 60 days, the administrative authority shall consider the applicant in compliance with all existing local zoning and land use restrictions. b.The prospective applicant shall file an emergency response plan, as defined in LAC 33:VII.10505.A, with the Louisiana Office of State Fire Marshal as a special structures plan prior to submittal of a new or renewal application for a waste tire standard permit. The content of the plan shall be in accordance with applicable sections of LAC 33:VII.Chapter 105. A copy of the plan shall also be sent to the Office of Environmental Services. No application for a permit to process or collect waste tires shall be filed with nor accepted by the administrative authority until the plan is approved by the Louisiana Office of State Fire Marshal except as provided for in LAC 33:VII.10513.B.1.c or d. The prospective applicant shall forward a copy of the approval to the Office of Environmental Services. The approved emergency response plan shall be considered applicable to subsequent permit applications submitted by the same applicant, unless a revised plan is filed with the Louisiana Office of State Fire Marshal. c.Any emergency response plan approved by the fire marshal before June 20, 2011, shall be revised and submitted to the Louisiana Office of State Fire Marshal as a special structures plan, prior to submittal of a permit application or permit renewal application for a waste tire standard permit. The content of the revised plan shall be in accordance with applicable Sections of LAC 33:VII.Chapter 105. A copy of the revised plan shall also be sent to the Office of Environmental Services. After promulgation of these regulations, no application for a waste tire standard permit shall be filed with nor accepted by the administrative authority unless the plan has been approved by the Louisiana Office of State Fire Marshal subsequent to the promulgation of these regulations, except as provided for in LAC 33:VII.10513.B.1.c or d. The prospective applicant shall forward a copy of the approval to the Office of Environmental Services. Any revised emergency response plan approved after promulgation of these regulations, shall be considered applicable to subsequent permit applications submitted by the same applicant, unless a revised plan is filed with the Louisiana Office of State Fire Marshal. d.The requirements of Subparagraph b of this Subsection shall not apply if the prospective applicant can demonstrate that he has the ability to meet the emergency response requirements listed below. The prospective applicant shall provide this demonstration to the Office of Environmental Services and the Louisiana Office of State Fire Marshal, at least 30 days prior to submittal of a new or renewal waste tire application. i.Requirements for Demonstration (a).The prospective applicant shall describe arrangements (including contracts, where applicable) for providing their own emergency response services. (b).The minimum qualification for firefighters/emergency responders shall be that of operations level responder from the National Fire Protection Association, Standard 472, or other appropriate requirement from an applicable National Fire Protection Association standard. At least one person trained to this level shall respond in any incident requiring activation of emergency response services. (c).The demonstration shall include a list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, communications, internal and external alarm systems, and decontamination equipment. e.The requirements of Subparagraph b of this Subsection shall not apply to permit modification requests, or to applications for permits (initial or renewal), deemed technically complete prior to promulgation of these regulations, except as directed by the administrative authority. f.Minor modification requests are exempt from Subparagraphs a-d of this Subsection. C.Applicant Public Notice 1.The prospective applicant shall publish a notice of intent to submit an application for a waste tire standard permit. This notice shall be published, 1 to 45 days prior to submission of the application to the Office of Environmental Services. This notice shall be published one time as a single classified advertisement in the legal or public notices section of the official journal of this state and in a major local newspaper of general circulation in the area where the facility is located. If the affected area is in the same parish or area as the official journal of the state, a single classified advertisement in the legal or public notices section of the official journal of the state will be the only public notice required. 2.The public notice shall be published in accordance with the form provided in LAC 33:VII.11101, Public Notice Example–Appendix A. 3.Proof of publication of the notice shall be included in all waste tire standard permit applications for existing and proposed facilities submitted to the Office of Environmental Services. D.Submittal of Permit Applications 1.Any applicant for a standard permit for an existing or proposed facility shall complete a waste tire standard permit application, as described in LAC 33:VII.10511, and submit six copies to the Office of Environmental Services. Each individual copy of the application shall be in standard three-ring-bound documents measuring 8 1/2 by 11 inches. All appendices, references, exhibits, tables, etc., shall be marked with appropriate tabs. 2.Each waste tire standard permit application shall be accompanied by a remittance in the full amount of the appropriate waste tire standard permit application fee. No application shall be processed prior to payment of the full amount as specified in LAC 33:VII.10535. E.Requirements for Public Notification of Permit Application 1.As provided in R.S. 30:2022 and 2418, upon receipt of a permit application the administrative authority shall provide written notice on the subject matter to the parish governing authority and each municipality affected by the application. 2.The administrative authority shall hold a public hearing within 60 days of submission of an application. 3.The applicant shall publish the hearing notice in the official journal of the parish or municipality on two separate days preceding the hearing. The last day of publication of such notice shall be at least 10 days prior to the hearing. The applicant shall provide the administrative authority with proof of publication. 4.The applicant shall post a notice of the hearing in prominent view of the public for two weeks prior to the hearing in the courthouse, government center, and all the libraries of the parish. 5.A public comment period of at least 30 days shall be allowed following the public hearing. F.Permit Application Review and Evaluation 1.The applicant shall make available to the administrative authority the assistance of professional engineers or other trained individuals responsible for the design of the facility to explain the design and operation. 2.The applicant shall furnish all other technical information the administrative authority may require to evaluate the waste tire standard permit application, monitor the performance of the facility, and ensure that the purposes of this program are met. G.Waste Tire Standard Permit Application Review 1.Applications shall be subject to the completeness and technical review requirements of LAC 33:I.1505.A and B. 2.Applications that are determined to be unacceptable for a technical review shall be rejected. For the administrative authority to reconsider the application, the applicant shall resubmit the entire standard permit application to the Office of Environmental Services, including the review fee, by a reasonable due date set by the administrative authority. 3.An applicant whose application is acceptable for technical review, but lacks the necessary information, shall be informed of such in a deficiency letter. These deficiencies shall be corrected by submission of supplementary information by a due date set by the administrative authority. H.Standard Permit Applications Deemed Technically Complete 1.Once an application is deemed technically complete, the administrative authority shall prepare a draft permit decision to issue or deny the requested permit. If a draft permit is prepared, the draft permit shall contain: a.all conditions proposed for a final permit under LAC 33:VII.Subpart 2; and b.any compliance schedules proposed for the facility. 2.Fact Sheet a.For all draft permit decisions, including draft denials, the administrative authority shall prepare a fact sheet describing the department’s reasoning for the issuance of the draft permit decision. The fact sheet shall contain: i.a brief description of the facility and the activity, which is the subject of the draft permit decision; ii.the type and quantity of tires, which are proposed to be or are being collected, processed, or disposed; iii.a brief summary of the justification for the draft permit conditions, not applicable to draft denials, including references to any applicable statutes or regulations; iv.a description of the procedures for reaching a final decision including: (a).a description of the public comment period under LAC 33:VII.10513.H.5; (b).the address where comments will be received; and (c).procedures for requesting a hearing; and v.the name and telephone number of a contact person for additional information; and vi.any additional information, as necessary. 3.An application that has been deemed technically complete will be accepted for public review. When the permit application is accepted for public review, the administrative authority shall request an additional six copies, or more if necessary. The copies shall be distributed for public review as follows: a.one copy to the local parish governing authority; b.one copy to the municipal governing authority; c.one copy to the main branch of the parish public library; d.one copy to the department’s respective regional office; and e.two copies to remain with the department. 4.Each copy of the permit application shall be provided as a standard three-ring-bound document (8 1/2 by 11 inches). The application shall incorporate, in the appropriate sections, all required plans, narratives, and revisions made during the review process and shall include appropriate tabbing for all appendices, figures, etc. A permit application that presents revisions made during the review process as a separate supplement to the application shall not be accepted. 5.After the six copies are submitted to the administrative authority, notices shall be placed on the department’s website for the duration of the public comment period. Web publication may be supplemented by other noticing methods at the discretion of the department. The public notice shall solicit comment from interested individuals and groups. Comments received by the administrative authority within 30 days after the date the notice is published on the department’s website shall be reviewed by the administrative authority. 6.Comments received by the administrative authority within the timeframe specified in the public notice shall be reviewed by the Office of Environmental Services prior to the preparation of a final decision. 7.A public hearing may be held for any proposed standard permit application when the administrative authority determines, on the basis of comments received and other information, that a hearing is necessary. 8.Public Opportunity to Request a Hearing. Any person may, within 30 days after the date of publication on the department’s website required in Paragraph 5 of this Section, request that a public hearing be held. If the administrative authority determines that the hearing is warranted, a public hearing shall be held. If the administrative authority determines not to hold the requested hearing, the administrative authority shall send the person requesting the hearing written notification of the determination. The request for a hearing shall be in writing and shall contain the name and affiliation of the person making the request and the comments in support of or in objection to the issuance of a permit. 9.Public Notice of a Public Hearing. If the administrative authority determines that a hearing is necessary, a notice shall be published at least 20 days before a fact-finding hearing on the department’s website. Those persons on the department’s mailing list for hearings shall be mailed notice of the hearing at least 20 days before a public hearing. 10.Receipt of Comments Following a Public Hearing. The administrative authority shall receive comments for 30 days after the date of a public hearing. I.Issuance or Denial of a Permit 1.The administrative authority shall issue a standard permit or shall issue a standard permit application denial, including reasons for the denial, after the public notice period specified in Paragraph F.5 of this Section has ended. 2.A temporary permit may be issued to allow closure activities to be accomplished at a facility, which has been issued a standard permit application denial. The temporary permit shall require the submission of a closure plan permit application and implementation schedule. The temporary permit may allow the facility to continue operations in accordance with an approved interim operational plan pending the closure process. J.Public Notice of Permit Issuance. No later than 20 days following the issuance of a standard permit, the administrative authority shall publish a notice of the issuance of the standard permit. This notice shall be published on the department’s website. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411-2422. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:39 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2775 (December 2000), LR 27:829 (June 2001), amended by the Office of Environmental Assessment, LR 30:2033 (September 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2502 (October 2005), LR 33:2157 (October 2007), amended by the Office of the Secretary, Legal Division, LR 42:249 (February 2016), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10514.Submittal Requirements for High Volume End Use Facility Applications A.Facility applicants who utilize waste tires and/or waste tire material for projects that require extended storage shall apply to the administrative authority for authorization as a high volume end use facility. Submission of the following information shall be provided on the application, which is available on the department’s website: A.1. - F.… G.Applicants who utilize waste tires and/or waste tire material for projects that do not require extended storage are not subject to the requirements of this Section. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411-2422. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Division, LR 42:251 (February 2016), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10515.Submittal Requirements for End-Market Use Project Applications

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B.Prior to any deviations from the approved project, modifications shall be submitted to and approved by the administrative authority in writing. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411-2422. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Division, LR 42:251 (February 2016), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10516.Annual Agreements with Waste Tire Processors

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1.The agreement shall contain a provision regarding the amount and requirements for payment. Provided the terms and conditions of the agreement are met, standard permitted processors shall be paid a minimum of seven and a half cents per pound of waste tires and/or waste tire material that is recycled or that reaches an approved end-market use project in accordance with LAC 33:VII.10535.F. 2.To be eligible for payment from the waste tire management fund, standard permitted processors shall apply and obtain approval from the administrative authority to market waste tires and/or waste tire material. The processor shall submit request(s) on a form available from the administrative authority and shall include all of the requirements of LAC 33:VII.10525.D.

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AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411-2422. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:39 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2776 (December 2000), LR 27:830 (June 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2502 (October 2005), LR 33:2158 (October 2007), amended by the Office of the Secretary, Legal Division, LR 42:252 (February 2016) , amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10517.Standard Waste Tire Processor Permit Applications A.Each applicant requesting a standard permit for a waste tire processing facility shall complete the standardized permit application form obtained from the Office of Environmental Services or the department's website. The application shall be completed following the information provided in the application guidance document. In addition, the standards in LAC 33:VII.10525 shall be incorporated into the appropriate application requirements. The permit application shall include: 1.… 2.the name and phone number of the facility owner, if different from the applicant; 3. - 4.… 5.the location and address of the processing facility, including: a.the nearest town in the same parish as the facility; b.the parish the facility is located; c.the geographic location (i.e., section, township, and range); d.the GPS coordinates for the front gate (e.g., latitude and longitude); e.a description of the location of the facility identify by street and number, intersection of roads, or by mileage and direction from an intersection; f.total site acreage and the acreage to be used for processing; 6.… 7.the agency interest number, the permit number, SIC code, federal identification number, and state tax identification number; 8.the type and purpose of the operation (e.g., new application, renewal application, major modification, or minor modification), and the description of the changes proposed in the application; 9.a list of all environmental permits that relate directly to the facility represented in this application, including permits for which the applicant has applied, or intends to apply, and permits that have been issued and dates of issuance; 10.the status of the facility and, if leased, state the number of years of the lease by providing a copy of the lease agreement, or proof of ownership; 11.the ownership type (e.g., corporation, partnership or sole proprietorship, regulated utility, municipal government, state government, federal government, or other); and 12.an area master plan that shall include location maps and/or engineering drawings showing, at a minimum: a.the current site; b.road network; c.major drainage systems; d.drainage flow patterns; e.the property lines; f.any buildings; g.excavations; h.any other pertinent information; i.all pertinent map symbols such as scale, north arrow, and legend; and j.a list of any references used to obtain the information; 13.a copy of written notification to the appropriate local governing authority, stating that the site is to be used as a waste tire processing facility; 14.the zoning of the facility that exists at the time of the submittal of the permit application and written documentation from the appropriate local governing authority, stating that the facility is in compliance with local zoning and permitting requirements while ensuring to include the local zoning authority contact information; 15.written documentation from the property owner granting approval for use of property as a waste tire processing facility, if property owner is other than applicant; 16.proof of publication of Notice of Intent to submit an application for a standard waste tire processing facility permit, as required in LAC 33:VII.10513; 17.a copy of the approval of the facility’s compliance and certification of premises and buildings from the state fire marshal; 18.indication if the facility has been issued and/or entered into any enforcement actions including: a.a summary of all actions to include all federal and state enforcement actions, settlement agreements, and/or consent decrees issued to and/or entered into by this facility; b.the regulatory agency that issued the enforcement action, or entered into the settlement agreement or consent decrees; and c.the dates of issuance or agreement; 19.indication if confidentiality is being requested; 20.indication if there are any outstanding fees owed and if yes, provide an explanation; 21.indication if the applicant is a corporation or limited liability company including a certificate of registration and/or certificate of good standing from the secretary of state; 22.an operational plan addressing the following: a.facility access and security; b.waste tire acceptance plan to count, record, monitor incoming quantities of waste tires, and the daily capacity; c.method to control water run-on/runoff; d.days and hours of operation; e.waste tire storage method in detail: i.dimensions of waste tire piles; ii.maximum number of waste tires and volume of waste tire material to be stored at any one time; iii.volume of waste tire material to be stored at any one time; iv.width of fire lanes; v.method of storage to exclude standing water; vi.type of access roads and buffer zones; vii.the end market of waste tire material; viii.the method for handling illegally dropped off waste tires; and ix.emergency control plan in case of fire or accident, etc. that shall: (a).designate the fire department or mutual aid society, emergency medical service agency, and hospital with which the facility will coordinate emergency services; (b).include a list of all emergency equipment, that shall be kept up to date, at the facility, such as fire extinguishing system, spill control equipment, communication, internal and external alarm system, and decontamination equipment; (c).include the location and a physical description of each item on the list and a brief outline of its capability; and (d).include an evacuation plan for facility personnel and describe signals to be used to begin evacuation, evacuation route, and alternate evacuation route; f.a detailed description of the waste tire processing method to be used, including daily capacity and technical support to determine daily capacity, such as the processing capacity of the limiting piece of processing equipment; g.site grounds maintenance and disease vector control to minimize vector-breeding areas and animal attraction; i.controlling fly, mosquito, and other insect emergence and entrance; ii.controlling rodent burrowing for food or harborage; and iii.controlling bird and animal attraction; h.buffer zones; and i.method to control and/or treat any process water; 23.evidence of commercial general liability insurance in the amount of no less than $1,000,000 applicable to on-site and off-site liability provided by an insurer who is admitted, authorized, or eligible to conduct insurance business in Louisiana; 24.site closure plan to assure clean closure. The closure plan shall be submitted as a separate section with each application to ensure clean closure, and include the following: a.the method to be used and steps necessary for closing the facility; b.the estimated cost of closure of the facility, based on the cost of hiring a third party to close the facility at the point in the facility’s operating life when the extent and manner of its operation would make closure the most expensive; c.the maximum inventory of waste tires and waste tire material on-site at any one time over the active life of the facility; d.all permit holders shall notify the Office of Environmental Services in writing at least 90 days before closure or intent to close and shall provide the date of final closure with a schedule for completing all activities necessary for closure with time frames specified in days and a list of the itemized cost(s) to conduct closure activities at the facility by a third party; and e.the sequence of final closure of the entire facility; 25.submit the site closure financial assurance fund in accordance with LAC 33:VII.10547.A and the sample documents in LAC 33:VII.11103; 26.plans, specifications, and operations represented and described in the permit application or permit modifications shall be prepared under the supervision of and certified by a professional engineer licensed in the state of Louisiana; 27.a signed legal certification that all information provided in the application is true and correct with the knowledge of the possibility of punishment under the law for false information; 28.date and signature of responsible official; 29.name of authorized agent for service of process, if applicable; and 30.required information regarding facility site assessments for a new permit application and major modifications as follows: a.a discussion demonstrating that the potential and real adverse environmental effects of the facility have been avoided to the maximum extent possible; b.a cost-benefit analysis demonstrating that the social and economic benefits of the facility outweigh the environmental-impact costs; c.a discussion and description of possible alternative projects that would offer more protection to the environment without unduly curtailing nonenvironmental benefits; d.a discussion of possible alternative sites that would offer more protection to the environment without unduly curtailing nonenvironmental benefits; and e.a discussion and description of the mitigating measures which would offer more protection to the environment than the facility, as proposed, without unduly curtailing nonenvironmental benefits; 31.the permit application shall include a description of the financial structure of the operating unit including capital structure, principal ownership, and insurance coverage for personal injury and property damage; and 32.additional information that is needed to support the application that may include maps, drawings, and other supplemental information, such as areas for isolating waste tire materials.

B. Section 10518Section 10518- C.…

Section 10518 Section 10518 D.Storage of Waste Tires and Waste Tire Material 1.No waste tires or waste tire material shall be stored, or allowed to be stored, in a manner that may cause a nuisance, health hazard, or detriment to the environment as determined by the administrative authority. 2.Unless authorized or approved by the administrative authority, no waste tires or waste tire material shall be stored, or allowed to be stored, at an off-site location unless the off-site location is an authorized waste tire transfer station, collection, or processing facility. 3.Waste tires or waste tire material may not be stored on-site for greater than 365 days, without approval from the Office of Environmental Services. The facility shall maintain records indicating the time frame that waste tires or waste tire material has been stored. 4.Waste tires and/or waste tire material shall be segregated by type. 5.The total amount of waste tires and waste tire material stored shall not exceed 60 times the daily capacity of the processing unit. E.Certifications 1.The engineer who prepared the permit application shall provide the following certification and stamp with appropriate Louisiana Registration Number and Seal. "I certify that the facility plans, specifications, and operations represented and described in the permit application were prepared under my supervision and are true and accurate to the best of my knowledge, information and belief in accordance with LAC 33:VII.10517.A.26." 2.The person who is designated the responsible official shall provide the following certification. "I certify under penalty of law that I have personally examined and I am familiar with the information submitted in this permit application and that the facility as described in this permit application meets the requirements of LAC 33:VII.Subpart 2. I am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment." 3.The person who prepared the permit application shall provide the following certification. "I certify under penalty of law that I have personally examined and I am familiar with the information submitted in this permit application and that the facility as described in this permit application meets the requirements of LAC 33:VII.Subpart 2. I am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411-2422. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:39 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2776 (December 2000), LR 27:830 (June 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2502 (October 2005), LR 33:2158 (October 2007), amended by the Office of the Secretary, Legal Division, LR 42:253 (February 2016), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10518.Standard Waste Tire Collection Center Permit Application

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ii.maximum number of waste tires stored at any one time; 14.e.iii. - 16.b.… c.maximum inventory of waste tires on-site at any one time over the active life of the facility; d. - e.… 17.site closure financial assurance fund submitted in accordance with LAC 33:VII.10547.A and the sample documents in LAC 33:VII.11103; A.18. - B.… C.Storage of Waste Tires and Waste Tire Material 1.No waste tires or waste tire material shall be stored, or allowed to be stored, in a manner that may cause a nuisance, health hazard, or detriment to the environment as determined by the administrative authority. 2.Unless authorized or approved by the administrative authority, no waste tires or waste tire material shall be stored, or allowed to be stored, at an off-site location unless the off-site location is an authorized waste tire transfer station, collection, or processing facility. 3.Waste tires or waste tire material shall not be stored on-site for greater than 365 days, without approval from the Office of Environmental Services. The facility shall maintain records indicating the time frame that waste tires or waste tire material has been stored. 4.Waste tires and/or waste tire material shall be segregated by type. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411-2422. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Division, LR 42:254 (February 2016), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10519.Standards and Responsibilities of Waste Tire Generators and Sellers of Tires A.All generators of waste tires that store more than 20 waste tires and/or a person who sells new or used tires shall obtain an active generator identification number by notifying the Office of Environmental Services using a form available on the department’s website within 30 days after first storing more than 20 waste tires and/or selling new or used tires at the location specified in the notification. The assignment of an active generator identification number shall serve as proof of this notification to the department by the generator. However, if a generator moves to another location, the generator shall obtain a new generator identification number for the facility, as generator identification numbers are site-specific. Failure to submit a timely and complete form, or obtain an active generator identification number, shall constitute a violation of these regulations and subject the applicant to enforcement action up to and including the assessment of civil penalties. Incomplete forms will not be accepted for review. The administrative authority shall notify the applicant when the form is determined to be incomplete. If the applicant elects to continue with the process, the applicant shall follow the requirements provided in the notice. The form shall be completed following the information provided in the form guidance document, if applicable. The information shall include: 1.type of application; 2.name of business or governmental organization; 3.name of business owner; 4.facility physical address including city, parish, and zip code; 5.the business mailing address, if different from facility address; 6.business telephone number and email address; 7.waste tire contact person name, phone number, and email address, if different from business owner and business contact information; 8.name of property owner and signed lease agreement, if property owner other than business owner; 9.federal and state tax identification numbers; 10.generation of tires/function of business; 11.a driver’s license copy or corporate ID; 12.a copy of the Secretary of State Certificate; and 13.certification that all information provided is true, accurate, and complete.

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K.No waste tires shall be stored or allowed to be stored long enough to cause a nuisance, health hazard, or detriment to the environment as determined by the administrative authority. No waste tires shall be stored on-site for greater than 365 days without approval from the administrative authority. The facility shall maintain records indicating the time frame during which waste has been stored. No more than 150 waste tires shall be stored at the generator’s place of business at one time, unless stored indoors or in a transportable collection container. A waste tire storage container shall: 1.prevent access by rodents and insects; 2.minimize the escape of odor to the maximum extent possible; and 3.keep out water and prevent leakage. L.No waste tire generator shall allow the removal of waste tires from his place of business by anyone other than an authorized transporter, unless the waste tire generator generates 50 or less waste tires per calendar month from the sale of 50 tires. In this case, the waste tire generator may transport up to 20 waste tires per day to a permitted processing facility.

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Q.In addition to the applicable requirements of this Section, qualified scrap or salvage yards shall make available to the administrative authority the register of business transactions, and also maintain a record of the number of tires recovered from Louisiana-titled vehicles, which tires are resold. These records shall be maintained for a minimum of five years and shall be made available for audit and/or inspection at their place of business during regular business hours. R.… AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411-2422. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:40 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2777 (December 2000), LR 27:830 (June 2001), LR 27:2227 (December 2001), LR 28:1953 (September 2002), LR 29:1818 (September 2003), LR 29:2780 (December 2003), amended by the Office of Environmental Assessment, LR 31:1323 (June 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2503 (October 2005), LR 33:90 (January 2007), LR 33:2158 (October 2007), amended by the Office of the Secretary, Legal Division, LR 42:255 (February 2016), amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 45:660 (May 2019), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10521.Standards and Responsibilities of Sellers of Motor Vehicles A.… B.Motor vehicle dealers doing business in the state of Louisiana, who sell new vehicles, shall be responsible for the collection from the consumer of the $2.25 waste tire fee for each tire upon the sale of each vehicle with passenger/light truck tires, the $5 waste tire fee for each tire upon the sale of each vehicle with medium truck tires, and the $10 waste tire fee for each tire upon the sale of each off-road vehicle. These fees shall also be collected upon replacement of all recall and adjustment tires. The department does not require the collection of fees on the sale of a vehicle with tires weighing 500 pounds or more, solid tires, or tires which are de minimis in nature, including but not limited to lawn mower tires, bicycle tires, and golf cart tires.

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3.maintain and preserve records as may be necessary to readily determine the amount of fee due. Each dealer shall maintain a complete record of the quantity of vehicles sold, together with vehicle purchase and sales invoices, inventory records, and monthly waste tire fee reports, for a period of no less than five years; and D.4. - E.... F.Motor vehicle dealers shall prominently display to the public the notification provided by the administrative authority, indicating that: “All Louisiana motor vehicle dealers selling new vehicles are required to collect a waste tire cleanup and recycling fee from the consumer of $2.25 for each passenger/light truck tire, $5 for each medium truck tire, and $10 for each off-road tire, upon the sale of each new motor vehicle. These fees shall also be collected upon replacement of all recall and adjustment tires. The department does not require the collection of fees on the sale of tires weighing 500 pounds or more, solid tires, or tires which are de minimis in nature, including but not limited to lawn mower tires, bicycle tires, and golf cart tires.” G.… H.A motor vehicle dealer who ceases the sale of motor vehicles at the registered location shall notify the administrative authority in writing within 10 days of the date of the closure or relocation of the business. This written notice shall include information regarding the location and accessibility of the records required by Subsection D of this Section.

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AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411 et seq. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:41 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2778 (December 2000), LR 27:831 (June 2001), repromulgated LR 27:1885 (November 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2503 (October 2005), LR 33:2159 (October 2007), amended by the Office of the Secretary, Legal Division, LR 42:257 (February 2016), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10525.Standards and Responsibilities of Waste Tire Processors

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2.Processors may accept no more than 20 unmanifested waste tires from a person, per day, per vehicle, unless a waiver is granted by the administrative authority in accordance with LAC 33:VII.10529.A.2. However, the processor will only be eligible for reimbursement from the waste tire management fund for 20 of the unmanifested waste tires received, provided the tires are defined as program eligible waste tires. The processor shall maintain the unmanifested waste tire log on a form provided by the administrative authority for all unmanifested waste tires. The log shall include, at the minimum, the following: B.2.a. - D.7.… E.Permitted processors who have an effective processor’s agreement shall submit an annual report on all approved end-market use projects to the administrative authority. This report is due no later than January 31 of each year for the previous year’s activities, and shall identify approved projects, the amount of all waste tires and/or waste tire material used in each approved project within the last year, and the date of completion of each project, if applicable.

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4.enter into a written agreement with the local fire department ensuring response to a fire at the facility; 5. - 13.… 14.all permitted waste tire processors shall maintain a site closure financial assurance fund in an amount based on the maximum number of pounds of waste tires and/or waste tire material that will be stored at the processing facility site at any one time. This fund shall be in the form of a financial guarantee bond, performance bond, or an irrevocable letter of credit. A standby trust fund shall be maintained for the financial assurance mechanism that is chosen by the facility. The financial guarantee bond, performance bond, irrevocable letter of credit, or standby trust fund shall use the exact language included in the documents in LAC 33:VII.11103.B. The financial assurance shall be submitted to the department annually; a.for permits issued after [date of promulgation], the value of the fund shall be in the amount of $105 per ton of waste tires and/or waste tire material on the site and $652 per ton of waste tires weighing greater than 500 pounds at the time of sale; b.for permits issued prior to [date of promulgation], the permit holder shall follow the existing permit and the value of the fund shall be in the amount of: i.$40 per ton of waste tires and/or waste tire material on the site and $300 per ton of waste tires weighing greater than 500 pounds at time of sale, after [six months after date of promulgation]; ii.$60 per ton of waste tires and/or waste tire material on the site and $652 per ton of waste tires weighing greater than 500 pounds at time of sale, after [18 months after the date of promulgation]; iii.$80 per ton of waste tires and/or waste tire material on the site and $652 per ton of waste tires weighing greater than 500 pounds at the time of sale, after [30 months from date of promulgation]; and iv.$105 per ton of waste tires and/or waste tire material on the site and $652 per ton of waste tires weighing greater than 500 pounds at the time of sale, after [42 months after date of promulgation]; 15. - 15.b.… c.if the estimates provided are lower than the required amount detailed in Paragraph 14 of this Subsection, the administrative authority shall evaluate the estimates submitted and determine the amount of financial assurance that the processor is required to provide; 16.financial assurances for closure activities shall be in conformity with the standards contained in LAC 33:VII.10547.A and the sample documents in LAC 33:VII.11103. H.Processors shall only deliver waste tires and/or waste tire material to end-market users in the amount approved by the administrative authority and shall not deliver waste tires and/or waste tire material in anticipation, or prior to approval, of end-market use projects. Processors violating this provision shall promptly remove any improperly delivered waste tires and/or waste tire material and either properly dispose of and/or find another approved end-market use for the waste tires and/or waste tire material. In any case, the use of improperly delivered waste tires and/or waste tire material shall not entitle the processor to an additional payment from the waste tire management fund. In the event the processor chooses to properly dispose of the material, he shall reimburse the waste tire management fund for any payments received for the disposed material.

A. - A.1.…

2.Each collection center shall accept no more than 20 unmanifested waste tires per individual, per day, per vehicle, unless a waiver is granted by the administrative authority in accordance with LAC 33:VII.10529.A.2. However, only 20 tires shall be eligible, provided the tires are defined as program eligible waste tires. The collection center shall maintain on a form available on the department’s website, the unmanifested waste tire log of all unmanifested waste tires. The log shall include, at the minimum, the following: A.2.a. - B.1.… 2.maintain a buffer zone of 100 feet. Waste tires shall not be placed in the buffer zone. A reduction in this requirement shall be allowed only with permission, in the form of a notarized affidavit, from all landowners having an ownership interest in property located less than 100 feet from the facility. The collection center operator shall enter a copy of the notarized affidavit(s) in the conveyance records of the parish or parishes in which the landowners’ properties are located; 3.… 4.enter into a written agreement with the local fire department ensuring response to a fire at the facility; 5.develop and implement a fire protection and safety plan for the facility to ensure personnel protection and minimize impact to the environment; emergency control plan in case of fire or accident, etc. that: a.designates the fire department, mutual aid society, emergency medical services agency, and hospital with which the facility will coordinate emergency services; b.includes a list of all emergency equipment that shall be kept up to date at the facility, such as fire extinguishing systems, spill control equipment, communications; internal and external alarm systems, and decontamination equipment; c.includes the location and a physical description of each item on the list and a brief outline of its capabilities; and d.includes an evacuation plan for facility personnel and describe signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes; 6. - 11.… C.Collection centers shall store no more than 3,000 waste tires at any time.

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3.the maximum inventory of waste tires ever on-site over the active life of the collection center; 4. - 5.… 6.all permitted waste tire collection centers shall maintain a site closure financial assurance fund in an amount based on the maximum number of pounds of waste tires that will be stored at the collection center at any one time. This fund shall be in the form of a financial guarantee bond, performance bond, or an irrevocable letter of credit. A standby trust fund shall be maintained for the financial assurance mechanism that is chosen by the facility. The financial guarantee bond, performance bond, irrevocable letter of credit, or standby trust fund shall use the exact language included in the documents in LAC 33:VII.11103, Appendix B. The financial assurance shall be submitted to the department annually; a.for permits issued after [date of promulgation], the value of the fund shall be in the amount of $105 per ton of waste tires and/or waste tire material on the site and $652 per ton of waste tires weighing greater than 500 pounds at the time of sale; b.for permits issued prior to [date of promulgation], the permit holder shall follow the existing permit and the value of the fund shall be in the amount of: i.$40 per ton of waste tires and/or waste tire material on the site and $300 per ton of waste tires weighing greater than 500 pounds at time of sale, after [six months after date of promulgation]; ii.$60 per ton of waste tires and/or waste tire material on the site and $652 per ton of waste tires weighing greater than 500 pounds at time of sale, after [18 months after the date of promulgation]; iii.$80 per ton of waste tires and/or waste tire material on the site and $652 per ton of waste tires weighing greater than 500 pounds at the time of sale, after [30 months from date of promulgation]; and iv.$105 per ton of waste tires and/or waste tire material on the site and $652 per ton of waste tires weighing greater than 500 pounds at the time of sale, after [42 months after date of promulgation]; 7. - 7.b. c.if the estimates provided are lower than the required amount detailed in Paragraph 14 of this Subsection, the administrative authority shall evaluate the estimates submitted and determine the amount of financial assurance that the collection center is required to provide; 8.financial assurances for closure activities shall be in conformity with the standards contained in LAC 33:VII.10547.A and the sample documents in LAC 33:VII.11103.

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AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411 et seq. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:41 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2780 (December 2000), LR 29:2780 (December 2003), amended by the Office of the Secretary, Legal Division, LR 42:261 (February 2016), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10529.Standards and Procedures for Waste Tire Cleanups A.Property Owners 1.Owners of property on which more than 20 waste tires are stored, deposited, or abandoned but were not generated by a waste tire generator authorized by the administrative authority and managed in accordance with LAC 33:VII.10519, shall: a.provide for and ensure the removal of the waste tires in the following manner; i.removed by the property owner and transported to a permitted processing facility in quantities of no more than 20 waste tires per day; ii.removed by the property owner and transported to an authorized collection center in quantities of no more than five waste tires per day; or iii.in accordance with the department’s single event cleanup procedures outlined in Subsection B of this Section; b.provide disease vector control measures adequate to protect the safety and health of the public, and keep the site free of excess grass, underbrush, and other harborage; and c.limit access to the piles to prevent further disposal of tires or other waste. 2.A written request for a waiver to remove and transport more than five waste tires per day to an authorized collection center, or 20 waste tires per day to a permitted processing facility may be submitted to and approved by the administrative authority on a case-by-case basis.

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b.unless otherwise approved by the administrative authority, the government agency has not conducted a tire sweep within six months prior to the request. 2.A maximum of 20 waste tires may be collected per person, unless a written request for a waiver is submitted to and granted by the administrative authority in accordance with Paragraph A.2 of this Section, and no waste tires shall be accepted from businesses. Records of the 20 tires shall be maintained on the unmanifested waste tire log form, available on the department’s website. C.3. - D.1.… 2.obtain and submit to the administrative authority a police report documenting the incident. If a police report cannot be obtained, a written certification shall be submitted to the administrative authority attesting that all information provided in Paragraph 1 of this Subsection is true and correct; 3. - 8.… AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411 et seq. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2780 (December 2000), amended by the Office of the Secretary, Legal Division, LR 42:262 (February 2016), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10531.Standards and Responsibilities of High Volume End Use Facilities

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4.enter into a written agreement with the local fire department ensuring response to a fire at the facility; 5. - 11.… 12.specific projects using waste tires and/or waste tire material shall meet the requirements of LAC 33:VII.10532 and shall be submitted, in writing, to the administrative authority for prior approval. High volume end use facilities shall have an approved project in order to receive, store, or utilize waste tires and/or waste tire material; 13.on a form available on the department’s website, all high volume end use facility owners and/or operators shall submit a monthly end-market use project report to the administrative authority, which shall include a certified record of pounds of waste tire material, and/or waste tires received and used in an approved end-market use project; A.14. - E.… AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411-2422. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Division, LR 42:264 (February 2016) , amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10532.End-Market Uses A.… 1.The administrative authority will review and issue a decision within 30 business days of receipt of an application for the following end-market use projects: a.use in landfill applications such as leachate collection systems; b.tire derived fuel (TDF); and c.crumb rubber. 2.For purposes of Paragraph A.1 of this Subsection, if additional information is requested based on the inadequacy of the application, the 30 day review period is suspended. The review period resumes upon the administrative authority’s receipt of the requested information from the applicant. 3.Applications for end-market use projects described in Paragraph A.1 of this Subsection shall be electronically submitted in a manner determined by the administrative authority. B.Specific projects using waste tires and/or waste tire material shall meet the requirements of LAC 33:VII.10533 and LAC 33:VII.10534. C.Facilities at which waste tires and/or waste tire material is utilized for projects that require extended storage shall obtain approval as a high volume end use facility in addition to receiving approval of any end-market use project. D.Unless approved by the administrative authority as a high volume end use facility, end-market users shall not store more than 5,000 waste tires or 2,000,000 pounds of waste tire material at the end of any operational day. E.On a form available on the department’s website, end-market users shall submit a monthly end-market use project report to the administrative authority, unless exempted on a case-by-case basis, which shall include a certified record of pounds of waste tire material or waste tires received and a certified record of pounds of waste tire material and/or waste tires used in an approved end-market use project. F.End-market users shall maintain a complete set of records pertaining to waste tires and/or waste tire material coming in or leaving the site of the approved project. The records shall include, but are not limited to, manifests, required monthly end-market use project reports, inventory records, logs, and any documents related to out-of-state activity as determined by the administrative authority. These records shall be maintained for a period of no less than five years and shall be made available for audit and/or inspection at the end-market user’s place of business during regular business hours.

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H.Waste tires and/or waste tire material shall only be utilized in the project as approved by the administrative authority.

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a.a minimum of seven and a half cents per pound of waste tires and/or waste tire material that is recycled or that reaches an approved end-market use will be utilized to pay permitted waste tire processors that have entered into a processor agreement with the administrative authority, and are in compliance with all applicable requirements of these regulations; D.2.b. - E.8.… AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411 et seq. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 20:1001 (September 1994), amended LR 22:1213 (December 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2781 (December 2000), LR 27:832 (June 2001), LR 27:2228 (December 2001), amended by the Office of Environmental Assessment, LR 31:1324 (June 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2504 (October 2005), LR 33:2160 (October 2007), amended by the Office of the Secretary, Legal Division, LR 42:268 (February 2016), LR 43:948 (May 2017), amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, amended LR 45:661 (May 2019), LR 48: LR 48:1501 (June 2022) , amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10539.Grants and Loans Applicability A.The administrative authority may award a grant or loan to a person for any use that serves the purpose of assisting in solving the state’s waste tire problem. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411-2422. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 31:3158 (December 2005), amended by the Office of the Secretary, Legal Division, LR 42:270 (February 2016), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10541.Application for a Grant or Loan A.A person may apply for a grant or loan from the waste tire management fund by making application to the Department of Environmental Quality, Office of Management and Finance. The request for a grant or loan shall include information on the following nonexclusive items:

1. - 5.…

6.procedures for reporting to the department the status of the project at least annually. The department may require additional reporting on a case-by-case basis; A.7. - B.2.… AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411-2422. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 31:3158 (December 2005), amended by the Office of the Secretary, Legal Division, LR 42:270 (February 2016), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §10542.Grant and Loan Program A.Funding and Requirements 1.This grant and loan program is financed by the waste tire management fund at the discretion of the administrative authority, provided monies are available in the fund in accordance with R.S. 30:2418. 2.A grant or loan may only be made according to this Section if the applicant: a.is domiciled in Louisiana; b.has no history of environmental violation(s) that demonstrates to the department an unwillingness or inability to achieve and maintain compliance with the permit for which the application is being made, unless the department determines that the applicant's history of environmental violation(s) may be adequately addressed by permit conditions; c.is registered with the Louisiana Secretary of State, if required; and d.is in compliance with and has paid all fees assessed by the department. 3.Grants provided according to this Section shall only be made in the form of reimbursement for completed projects after inspection and approval by the department. 4.Eligible applicants may only enter one grant or loan agreement at any given time from the waste tire management fund. 5.The applicant shall utilize the grant or loan only at the location identified in the grant or loan agreement. 6.Applicants shall initiate the project within 60 days of the execution of the grant or loan agreement. The applicant shall complete the project as soon as possible, but no later than five years beyond the date of approval for participation in the grant program, or in accordance with the approved loan implementation schedule. Failure to complete the project within the time frame shall result in the applicant being ineligible for reimbursement from the grant or loan program, unless otherwise approved by the administrative authority. 7.The term of the loan (i.e., the time period over which the loan shall be paid back) shall not exceed 10 years or the duration of the permit, if applicable, from execution of the loan agreement. The actual term for each loan shall be determined by the department. Loan principal and interest repayment schedules shall be set by the department. The first installment shall be due within 60 days of the execution of the agreement. 8.An applicant shall demonstrate the ability to repay the loan. The department shall require a loan recipient to provide security or collateral for the loan, including the subject property. A local government or nonprofit applicant shall be required to provide evidence of a dedicated revenue source to repay the loan, as well as adequate coverage for the debt service. B.Procedures Prior to Project Implementation. An applicant shall have written approval from the department for participation in the grant or loan program prior to implementing a department-approved project. C.Department Inspections and Notifications 1.The department may perform periodic inspections during the project and may be present for all installation-critical junctures. 2.If the applicable statutes and regulations in R.S. 30:2001, et seq., and LAC 33:VII are not followed by the project owner, operator, or certified worker prior to and during the project, the applicant shall not be awarded the grant or loan. The department shall notify the applicant in writing as soon as any violation is determined that disqualifies the applicant from receiving the grant or loan. 3.Within 30 days of completion of the project, the applicant shall submit a project completion certification report. The report shall be signed by the applicant and the individual(s) responsible for actually preparing the information and supporting data submitted with the report. Each of these individuals shall certify the following in writing. “I certify under penalty of law that I have personally examined and I am familiar with the information submitted in this report and that the project as described in this report meets the requirements of LAC 33:VII.Subpart 2. I am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment.” 4.Within 30 days of receipt of the project completion certification report, the administrative authority shall perform a final inspection of the project, unless a longer time is agreed by all parties involved. 5.Within 30 days of receipt of the final inspection of the project, the administrative authority shall issue a notice of deficiency or an approval of the project completion certification report, unless a longer time is agreed by all parties involved. D.Grant Agreements and Reimbursement Procedures 1.The department will prepare and execute a grant agreement with the applicant upon selection of an applicant to receive a grant. The grant agreement will provide for: a.the grant term; b.project implementation schedule with milestones; c.timelines and budgets for completing various phases of the project; d.provisions for disbursement of grant funds; and e.other necessary provisions as determined by the department. 2.The grant reimbursement shall be on a department provided form and shall include: a.an affidavit signed by the applicant that the project milestone has been completed in accordance with the scope of work and in accordance with R.S. 30:2001, et seq., and LAC 33:VII; and b.copies of all paid invoices for the project milestone. 3.The applicant shall request reimbursement in accordance with the approved project implementation schedule. 4.The grant program reimbursement form shall be submitted to the department within 90 days of the completion of milestones according to with the approved project implementation plan. E.Loan Agreements, Closing of Loans, and Disbursement of Loan Funds 1.Upon selection of an applicant to receive a loan, the department will prepare and execute a loan agreement with the applicant. The loan agreement will provide for: a.the loan term; b.the repayment schedule; c.the interest rate; d.project implementation schedule with milestones; e.provisions in case of default; f.timelines and budgets for completing various phases of the project; g.provisions for disbursement of loan funds to the borrower; h.any required security or collateral for the loan; and i.other necessary provisions as determined by the department. 2.No loan funds shall be disbursed to the borrower until the loan agreement is executed. 3.Disbursement requests shall be the form and type required by the department and shall be supplemented with copies of all invoices for each cost incurred. The borrower shall maintain complete documentation of all project costs for audit purposes for the term of the loan plus five years. The borrower shall be responsible for maintaining financial control of the project by carefully reviewing all disbursement requests and supplemental documentation before submitting disbursement requests to the department. The borrower shall certify each disbursement request before submittal. 4.Disbursement requests shall be received by the date established by the department. 5.Documentation of project costs paid for with loan funds, as well as disbursement requests and invoices, shall record and account for costs separately from any project costs paid or to be paid for from other funding sources. 6.In case of bankruptcy, the borrower shall notify the department within 10 days of filing for bankruptcy. 7.Interest and Principal Payment a.Interest shall be payable semiannually in arrears on each interest payment date based on the amount of the loan previously paid by the department to the borrower and not yet repaid. b.Principal shall be payable annually on each principal payment date in the amounts set forth in the repayment schedule. In the event that any installment of principal shall become past due for a period in excess of 15 days from the payment date specified herein, additional interest will be accrued on the outstanding principal due. 8.Delinquency Charges a.Payments not received within 15 days of the due date will be charged a late payment fee of five percent of the unpaid amount of the delinquent installment. b.Any late payment fee shall be calculated from the due date indicated in the loan agreement. F.Events of Default and Remedies. The provisions for events of default and remedies will be specified in the loan agreement and indentures specifically for each individual loan recipient. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2418. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 52: §10547.Financial Assurance for All Permitted Waste Tire Processors and Collection Centers A.Financial Responsibility for Closure 1.Financial Responsibility for Permitted Waste Tire Processors and Collection Centers a.A permit holder or applicant of a waste tire processor and collection center has the following financial responsibilities for closure. i.A permit holder or applicant for a processing or collection facility shall establish and maintain financial assurance for closure. ii.A permit holder of an existing facility shall submit financial assurance documentation that complies with the requirements of this Section. An applicant or permit holder for a new facility shall submit evidence of financial assurance in accordance with this Section at least 60 days before the date on which waste tires are first received for processing or collection. The financial assurance documentation shall be approved by the administrative authority prior to any acceptance of waste tires. iii.The applicant or permit holder shall submit the estimated closure date and the estimated cost of closure to the Office of Environmental Services in accordance with the following procedures. (a).The applicant or permit holder shall have a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with the requirements in these regulations. The estimate shall equal the cost of closure at the point in the facility's operating life when the extent and manner of its operation would make closure the most expensive, as indicated by the closure plan. If an alternative method to determine the amount required for financial assurance is used in accordance with LAC 33:VII.10525.G.15 or 10527.G.7, shall be based on the cost of hiring a third party to close the facility in accordance with the closure plan. (b).If an alternative method to determine the amount required for financial assurance is used in accordance with LAC 33:VII.10525.G.15 or 10527.G.7, the cost estimates shall be adjusted within 30 days after each anniversary of the date on which the first cost estimate was prepared on the basis of either the inflation factor derived from the Annual Implicit Price Deflator for Gross Domestic Product, as published by the U.S. Department of Commerce in its Survey of Current Business or a reestimation of the closure in accordance with Clause A.1.c.i of this Section. The permit holder or applicant shall revise the cost estimate whenever a change in the closure plan increases or decreases the cost of the closure plan. The permit holder or applicant shall submit a written notice of any adjustment to the Office of Environmental Services within 15 days following adjustment. iv.Minor deviations from specified language contained in the appendices of LAC 33:VII.11103 may be approved by the administrative authority on a case-by-case basis, if the administrative authority determines that the revised language remains equivalent to, or more stringent, than the language specified in the specific appendix. The applicant shall show a specific need for the change and all changes shall be approved by the administrative authority before the document can be used to meet the requirements of this Section. v.The permit holder or applicant shall notify the Office of Environmental Services within 30 days of first becoming aware of a reduction in a bond rating when using the financial assurance mechanisms allowed by LAC 33:VII.10547.A.3 or 4. 2.Financial Assurance Mechanisms a.The financial assurance mechanism shall be one or a combination of the following: a financial guarantee bond, a performance bond, and/or a letter of credit. The financial assurance mechanism is subject to the approval of the administrative authority and shall fulfill the following criteria. i.A standby trust fund naming the administrative authority as beneficiary shall be established at the time of the creation of the financial assurance mechanism, where the proceeds of the mechanism could be transferred if the funds are necessary for closure of the facility, and a signed copy shall be furnished to the administrative authority with the mechanism. ii.A permit holder or applicant may use a financial assurance mechanism specified in this Section for more than one facility, if all such facilities are located within Louisiana and are specifically identified in the mechanism. iii.The amount covered by the financial assurance mechanism shall equal the total of the current closure estimates for each facility covered. iv.When all closure requirements have been satisfactorily completed, the administrative authority shall execute an approval to terminate the financial assurance mechanism. v.The language of the financial assurance mechanisms listed in LAC 33:VII.11103 shall ensure that the instruments satisfy the following criteria. (a).The financial assurance mechanisms shall ensure that the amount of funds assured is sufficient to cover the costs of closure when needed. (b).The financial assurance mechanisms shall ensure that funds will be available in a timely fashion when needed. (c).The financial assurance mechanisms shall be obtained by the permit holder or applicant by the effective date of these requirements or at least 60 days prior to the initial receipt of waste tires, whichever is later, and shall provide financial assurance until the permit holder or applicant is released from the financial assurance requirements under this Section. (d).The financial assurance mechanisms shall be legally valid, binding, and enforceable under state and federal law. vi.A financial assurance mechanism may be cancelled or terminated only if: (a).alternate financial assurance is substituted, as specified in the appropriate Section; or (b).the permit holder or applicant is no longer required to demonstrate financial assurance in accordance with these regulations. 3.Financial Guarantee Bonds a.A permit holder or applicant may satisfy the requirements of this Section by obtaining a financial guarantee bond that conforms to the following requirements and submitting the bond to the Office of Environmental Services. i.The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on federal bonds in Circular 570 of the U.S. Department of the Treasury and approved by the administrative authority. ii.The permit holder or applicant who uses a financial guarantee bond to satisfy the requirements of this Section shall provide evidence of the establishment of a standby trust fund to the administrative authority. Under the terms of the bond, all payments made will be deposited by the surety directly into the standby trust fund in accordance with instructions from the administrative authority. The wording of the standby trust fund shall be as specified in LAC 33:VII.11103.B. The instructions in brackets are to be replaced with the relevant information and the brackets deleted. iii.The bond shall guarantee that the operator shall: (a).fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure of the facility; (b).fund the standby trust fund in an amount equal to the penal sum within 15 days after an order to begin closure is issued; or (c).provide alternate financial assurance as specified in this Section, and obtain the administrative authority's written approval of the assurance provided, within 90 days after receipt by the permit holder and the administrative authority of a notice of cancellation of the bond from the surety. iv.Under the terms of the bond, the surety shall become liable on the bond obligation when the permit holder fails to perform as guaranteed by the bond. v.The penal sum of the bond shall be at least equal to the current closure cost estimates. vi.Whenever the current cost estimate increases to an amount greater than the penal sum, the permit holder, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current closure estimate and submit evidence of an increase to the Office of Environmental Services, or obtain other financial assurance as specified in this Section to cover the increase. Whenever the current cost estimate decreases, the penal sum may be reduced to the amount of the current cost estimate following written approval by the administrative authority. vii.Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the permit holder and to the administrative authority. Cancellation may not occur before 120 days have elapsed, beginning on the date that the permit holder and the administrative authority receive the notice of cancellation, as evidenced by the return receipts. viii.The wording of the financial guarantee bond guaranteeing payment into a standby trust fund shall be identical to the wording in LAC 33:VII.11103.B, except that the instructions in brackets shall be replaced with the relevant information and the brackets deleted. 4.Performance Bonds a.A permit holder or applicant may satisfy the requirements of this Section by obtaining a performance bond that conforms to the following requirements and submitting the bond to the Office of Environmental Services. i.The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on federal bonds in Circular 570 of the U.S. Department of the Treasury and approved by the administrative authority. ii.The permit holder or applicant who uses a performance bond to satisfy the requirements of this Section shall provide evidence of establishment of a standby trust fund to the administrative authority. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with instructions from the administrative authority. The wording of the standby trust fund shall be as specified in LAC 33:VII.11103.B. The instructions in brackets shall be replaced with the relevant information and the brackets deleted. iii.The bond shall guarantee that the permit holder or applicant shall: (a).perform final closure in accordance with the closure plan and other requirements of the permit for the facility whenever required; or (b).provide alternate financial assurance as specified in this Section and obtain the administrative authority's written approval of the assurance provided within 90 days after the date the permit holder and the administrative authority receive notice of cancellation of the bond from the surety. iv.Under the terms of the bond, the surety shall become liable on the bond obligation when the permit holder fails to perform as guaranteed by the bond. Following a determination by the administrative authority that the permit holder has failed to perform final closure in accordance with the closure plan and other permit requirements when required, under the terms of the bond, the surety shall perform final closure as guaranteed by the bond or shall deposit the amount of the penal sum into the standby trust fund. v.The penal sum of the bond shall be at least equal to the current closure cost estimates. vi.When the current closure cost estimate increases to an amount greater than the penal sum, the permit holder, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current closure cost estimates and submit evidence of such increase to the Office of Environmental Services, or obtain other financial assurance as specified in this Section. When the current cost estimate decreases, the penal sum may be reduced to the amount of the current cost estimate, after written approval from the administrative authority. vii.Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the permit holder and to the Office of Environmental Services. Cancellation may not occur before 120 days have passed beginning on the date that the permit holder and the administrative authority receive the notice of cancellation, as evidenced by the return receipts. viii.The wording of the performance bond shall be identical to the wording in LAC 33:VII.11103.B, except that the instructions in brackets are to be replaced with the relevant information and the brackets deleted. 5.Letter of Credit a.A permit holder or applicant may satisfy the requirements of this Section by obtaining an irrevocable standby letter of credit that conforms to the following requirements and submitting the letter to the Office of Environmental Services. i.The issuing institution shall be an entity that has the authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a federal or state agency. ii.A permit holder or applicant who uses a letter of credit to satisfy the requirements of this Section shall provide evidence of the establishment of a standby trust fund to the administrative authority. Under the terms of the letter of credit, all amounts paid according to a draft by the administrative authority shall be deposited by the issuing institution directly into the standby trust fund. The wording of the standby trust fund shall be as specified in LAC 33:VII.11103.B; the instructions in brackets are to be replaced with the relevant information and the brackets deleted. iii.The letter of credit shall be accompanied by a letter from the permit holder or applicant referring to the letter of credit by number, issuing institution, date, and provide the: (a).agency interest number; (b).waste tires identification number; (c).site name; (d).facility name; and (e).facility permit number. iv.The letter of credit shall be irrevocable and issued for a period of at least one year, unless the issuing institution notifies both the permit holder and the Office of Environmental Services by certified mail of a decision not to extend the expiration date, at least 120 days before the current expiration date. Under the terms of the letter of credit, the 120 days will begin on the date when the permit holder and the administrative authority receive the notice, as evidenced by the return receipts. v.The letter of credit shall be issued in an amount at least equal to the current closure cost estimates. vi.When the current cost estimates increase to an amount greater than the amount of the credit, the permit holder shall cause the amount of the credit to be increased so that it at least equals the current closure cost estimates and submit evidence of the increase to the Office of Environmental Services, or obtain other financial assurance as specified in this Section to cover the increase within 60 days after the increase. When the current cost estimate decreases, the amount of the credit may be reduced to the amount of the current closure cost estimates upon written approval of the administrative authority. vii.Following a determination by the administrative authority that the permit holder has failed to perform final closure in accordance with the closure plan and other permit requirements when required to do so, the administrative authority may draw on the letter of credit. viii.The wording of the letter of credit shall be identical to the wording in LAC 33:VII.11103.B, except that the instructions in brackets shall be replaced with the relevant information and the brackets deleted. 6.Use of Multiple Mechanisms. An owner or operator may demonstrate financial assurance for closure in accordance with this Section by establishing more than one financial mechanism per facility, except that mechanisms guaranteeing performance, rather than payment, may not be combined with other instruments. The mechanisms shall be as specified in Paragraphs 3 and 5 of this Subsection, except that financial assurance for an amount at least equal to the current cost estimate for closure may be provided by a combination of mechanisms, rather than a single mechanism. 7.Providing alternate financial assurance as specified in this Section does not constitute a modification and is not subject to LAC 33:VII.10511. 8.When the permit holder is the state or federal government, the facility is exempt from the requirements of this Section. B.Incapacity of a Permit Holder, Applicant, or Financial Institution 1.A permit holder or applicant shall notify the Office of Environmental Services by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the permit holder or applicant as debtor, within 10 days after commencement of the proceeding. 2.A permit holder or applicant who fulfills the requirements of LAC 33:VII.10547.A by obtaining a financial guarantee bond, performance bond, or letter of credit will be deemed to be without the required financial assurance in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee or of the institution issuing the financial guarantee bond, performance bond, or letter of credit to issue such instruments. The permit holder or applicant shall establish other financial assurance within 60 days after such an event. AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2418. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 52: Chapter 111.Appendices §11103.Financial Assurance Documents—Appendix B[Formerly §11101] A.Louisiana Department of Environmental Quality Financial Assurance Documents for Waste Tire Facilities. The following documents are to be used to demonstrate financial responsibility for the closure of waste tire facilities. The wording of the documents shall be identical to the wording that follows, except that the instructions in brackets are to be replaced with the relevant information and the brackets deleted. B.Waste Tire Facility Sample Documents 1.Financial Guarantee Bond SAMPLE DOCUMENT 1: WASTE TIRE FACILITY FINANCIAL GUARANTEE BOND Date bond was executed: [Date bond executed] Effective date: [Effective date of bond] Principal:[legal name and business address of permit holder or applicant] Type of organization:[insert "individual," "joint venture," "partnership," or "corporation"] State of incorporation: Surety: [name and business address] [site identification number, site name, facility name, and current closure amount for each facility guaranteed by this bond] Total penal sum of bond: $ Surety's bond number: Know All Persons By These Presents, That we, the Principal and Surety hereto, are firmly bound to the Louisiana Department of Environmental Quality Waste Tire Management Fund in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where Sureties are corporations acting as cosureties, we the sureties bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit or liability is indicated, the limit of liability shall be the full amount of the penal sum. WHEREAS, said Principal is required, under the Louisiana Environmental Quality Act, R.S. 30:2001 et seq., to have a permit in order to own or operate the waste tire facility identified above; and WHEREAS, the Principal is required by law to provide financial assurance for closure care, as a condition of the permit; NOW THEREFORE, if the Principal shall provide alternate financial assurance as specified in LAC 33:VII.10525.G.15 and 16 and obtain written approval from the Office of Management and Finance, Financial Services Division of such assurance, within 90 days after the date of notice of cancellation is received by both the Principal and the administrative authority from the Surety, then this obligation shall be null and void; otherwise it is to remain in full force and effect. The Surety shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by the administrative authority that the Principal has failed to perform closure in accordance with the closure plan and permit requirements as guaranteed by this bond, the Surety shall place funds in the amount guaranteed for the facility into the standby trust as directed by the administrative authority. The Surety hereby waives notification of amendments to closure plans, permits, applicable laws, statutes, rules, and regulations, and agrees that no such amendment shall in any way alleviate its obligation on this bond. The liability of the Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety hereunder exceed the amount of the penal sum. The Surety may cancel the bond by sending notice of cancellation by certified mail to the Principal and to the Office of Management and Finance, Financial Services Division. Cancellation shall not occur before 120 days have elapsed beginning on the date that both the Principal and the administrative authority received the notice of cancellation, as evidenced by the return receipts. The Principal may terminate this bond by sending written notice to the Surety and to the Office of Management and Finance, Financial Services Division, provided, however, that no such notice shall become effective until the Surety receives written authorization for termination of the bond by the administrative authority. The Principal and Surety hereby agree that no portion of the penal sum may be expended without prior written approval of the administrative authority. IN WITNESS WHEREOF, the Principal and the Surety have executed this FINANCIAL GUARANTEE BOND and have affixed their seals on the date set forth above. Those persons whose signatures appear below hereby certify that they are authorized to execute this FINANCIAL GUARANTEE BOND on behalf of the Principal and Surety, that each Surety hereto is authorized to do business in the state of Louisiana and that the wording of this surety bond is identical to the wording specified in the Louisiana Department of Environmental Quality's Waste Tire Regulations, LAC 33:VII.11103.B.1 effective on the date this bond was executed. PRINCIPAL [Signature(s)] [Name(s)] [Title(s)] [Corporate Seal] CORPORATE SURETIES [Name and Address] State of incorporation: Liability limit: [Signature(s)] [Name(s) and title(s)] [Corporate seal] [This information must be provided for each cosurety] Bond Premium: $ 2.Performance Bond SAMPLE DOCUMENT 2: WASTE TIRE FACILITY PERFORMANCE BOND Date bond was executed: [date bond executed] Effective date: [effective date of bond] Principal:[legal name and business address of permit holder or applicant] Type of organization:[insert "individual," "joint venture," "partnership," or "corporation"] State of incorporation: Surety:[name(s) and business address(es)] [Site identification number, site name, facility name, facility address, and closure amount(s) for each facility guaranteed by this bond] Total penal sum of bond:$ Surety's bond number: Know All Persons By These Presents, That we, the Principal and Surety hereto, are firmly bound to the Louisiana Department of Environmental Quality, Waste Tire Management Fund, in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where Sureties are corporations acting as cosureties, we, the sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum. whereas, said Principal is required, under the Louisiana Environmental Quality Act, R.S. 30:2001 et seq., to have a permit in order to own or operate the waste tire facility identified above; and whereas, the Principal is required by law to provide financial assurance for closure care, as a condition of the permit; therefore, the conditions of this obligation are such that if the Principal shall faithfully perform closure, whenever required to do so, of the facility for which this bond guarantees closure, in accordance with the closure plan and other requirements of the permit as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended; or, if the Principal shall provide financial assurance as specified in LAC 33:VII.10525.G.14-16 and obtain written approval of the Office of Management and Finance, Financial Services Division of such assurance, within 90 days after the date of notice of cancellation is received by both the Principal and the administrative authority, then this obligation shall be null and void; otherwise it is to remain in full force and effect. The Surety shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described hereinabove. Upon notification by the administrative authority that the Principal has been found in violation of the closure requirements of the Louisiana Administrative Code, Title 33, Part VII, or of its permit, for the facility for which this bond guarantees performances of closure, the Surety shall either perform closure, in accordance with the closure plan and other permit requirements, or place the closure amount guaranteed for the facility into the Waste Tire Management Fund as directed by the administrative authority. Upon notification by the administrative authority that the Principal has failed to provide alternate financial assurance as specified in LAC 33:VII.10525.G.15-16 and obtain written approval of such assurance from the Office of Management and Finance, Financial Services Division during the 90 days following receipt by both the Principal and the administrative authority of a notice of cancellation of the bond, the surety shall place funds in the amount guaranteed for the facility into the standby trust as directed by the administrative authority. The Surety hereby waives notification of amendments to closure plans, permits, applicable laws, statutes, rules, and regulations, and agrees that no such amendment shall in any way alleviate its obligation on this bond. The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety hereunder exceed the amount of the penal sum. The Surety may cancel the bond by sending notice of cancellation by certified mail to the Principal and to the Office of Management and Finance, Financial Services Division. Cancellation shall not occur before 120 days have elapsed beginning on the date that both the Principal and the administrative authority received the notice of cancellation, as evidenced by the return receipts. The Principal may terminate this bond by sending written notice to the Surety and to the administrative authority, provided, however, that no such notice shall become effective until the Surety receives written authorization for termination of the bond by the administrative authority. The Principal and Surety hereby agree that no portion of the penal sum may be expended without prior written approval of the administrative authority. in witness whereof, the Principal and the Surety have executed this performance bond and have affixed their seals on the date set forth above. Those persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety, that each Surety hereto is authorized to do business in the state of Louisiana and that the wording of this surety bond is identical to the wording specified by the Louisiana Department of Environmental Quality's Waste Tire Regulations, LAC 33:VII.11103.B.2 effective on the date this bond was executed. PRINCIPAL [Signature(s)] [Name(s)] [Title(s)] [Corporate Seal] CORPORATE SURETY [Name and Address] State of incorporation: Liability limit: [Signature(s)] [Name(s) and title(s)] [Corporate seal] [For every cosurety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.] Bond Premium:$ 3.Irrevocable Letter of Credit SAMPLE DOCUMENT 3: WASTE TIRE FACILITY IRREVOCABLE LETTER OF CREDIT Secretary Louisiana Department of Environmental Quality Post Office Box 4303 Baton Rouge, Louisiana 70821-4303 Attention:Office of Management and Finance, Financial Services Division Dear Sir: We hereby establish our Irrevocable Standby Letter of Credit Number [number] in favor of the Department of Environmental Quality of the State of Louisiana at the request and for the account of [permit holder's or applicant's name and address] for the closure fund for its [list site identification number, site name, and facility name] at [location], Louisiana for any sum or sums up to the aggregate amount of U.S. dollars $ [number] upon presentation of: (1)A sight draft, bearing reference to the Letter of Credit Number [number] drawn by the administrative authority together with; (2)A statement signed by the administrative authority, declaring that the operator has failed to perform closure in accordance with the closure plan and permit requirements and that the amount of the draft is payable into the standby trust. The Letter of Credit is effective as of [date] and will expire on [date], but such expiration date will be automatically extended for a period of at least one year on the above expiration date, and on each successive expiration date thereof, unless, at least 120 days before the then current expiration date, we notify both the Office of Management and Finance, Financial Services Division and the [name of permit holder or applicant] by certified mail that we have decided not to extend this Letter of Credit beyond the then current expiration date. In the event we give such notification, any unused portion of this Letter of Credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by both the Department of Environmental Quality and [name of permit holder/applicant] as shown on the signed return receipts. Whenever this Letter of Credit is drawn under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us, and we shall deposit the amount of the draft to the Department of Environmental Quality for deposit into the Waste Tire Management Fund in the name of [name of permit holder or applicant] in accordance with the administrative authority's instructions. Except as otherwise expressly agreed upon, this credit is subject to the uniform Customs and Practice for Documentary Credits (1983 Revision), International Chamber of Commerce Publication Number 400, or any revision thereof effective on the date of issue of this credit. We certify that the wording of this Letter of Credit is identical to the wording specified in the Louisiana Department of Environmental Quality's Waste Tire Regulations, LAC 33:VII.11103.B.3 effective on the date shown immediately below. [Signature(s) and Title(s) of Official(s) of Issuing Institutions] [Date] 4.Standby Trust Agreement SAMPLE DOCUMENT 4: WASTE TIRE FACILITY STANDBY TRUST AGREEMENT [Facility name, agency interest number, and permit number] This Trust Agreement, the "Agreement," is entered into as of [date] by and between [name of permit holder or applicant], a [name of state] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert "incorporated in the state of" or "a national bank" or "a state bank"], the "Trustee." WHEREAS, the Department of Environmental Quality of the State of Louisiana, an agency of the state of Louisiana, has established certain regulations applicable to the Grantor, requiring that a permit holder or applicant for a permit of a waste tire processing facility shall provide assurance that funds will be available when needed for closure of the facility; WHEREAS, the Grantor has elected to establish a trust to provide all or part of such financial assurance for the facility identified herein; WHEREAS, the Grantor, acting through its duly authorized officers, has selected [the Trustee] to be the trustee under this Agreement, and [the Trustee] is willing to act as trustee. NOW, THEREFORE, the Grantor and the Trustee agree as follows: SECTION 1. DEFINITIONS As used in this Agreement: (a).The term Grantor means the permit holder or applicant who enters into this Agreement and any successors or assigns of the Grantor. (b).The term Trustee means the Trustee who enters into this Agreement and any successor trustee. (c).The term Secretary means the Secretary of the Louisiana Department of Environmental Quality. (d).The term Administrative Authority means the Secretary or his designee or the appropriate assistant secretary or his designee. SECTION 2. IDENTIFICATION OF FACILITIES AND COST ESTIMATES This Agreement pertains to the facilities and cost estimates identified on attached Schedule A. [On Schedule A, list the site identification number, site name, facility name, facility permit number, and the annual aggregate amount of current closure cost estimates, or portions thereof, for which financial assurance is demonstrated by this Agreement.] SECTION 3. ESTABLISHMENT OF FUND The Grantor and the Trustee hereby establish a trust fund, the "Fund," for the benefit of the Louisiana Department of Environmental Quality. The Grantor and the Trustee intend that no third party shall have access to the Fund, except as herein provided. The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. [Note: Standby Trust Agreements need not be funded at the time of execution. In the case of Standby Trust Agreements, Schedule B should be blank except for a statement that the Agreement is not presently funded, but shall be funded by the financial assurance document used by the Grantor in accordance with the terms of that document.] Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, in trust, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the administrative authority. SECTION 4. PAYMENT FOR CLOSURE The Trustee shall make payments from the Fund as the administrative authority shall direct, in writing, to provide for the payment of the costs of closure care of the facility covered by this Agreement. The Trustee shall reimburse the Grantor or other persons as specified by the administrative authority from the Fund for closure expenditures in such amounts as the administrative authority shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the administrative authority specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein. SECTION 5. PAYMENTS COMPRISED BY THE FUND Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee. SECTION 6. TRUSTEE MANAGEMENT The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines, which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this Section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing that persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims, except that: (a).Securities or other obligations of the Grantor, or any owner of the [facility or facilities] or any of their affiliates, as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2.(a), shall not be acquired or held, unless they are securities or other obligations of the federal or a state government; (b).The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the federal or state government; and (c).The Trustee is authorized to hold cash awaiting investment or distribution, uninvested for a reasonable time and without liability for the payment of interest thereon. SECTION 7. COMMINGLING AND INVESTMENT The Trustee is expressly authorized, at its discretion: (a).To transfer from time to time any or all of the assets of the Fund to any common, commingled, or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all provisions thereof, to be commingled with the assets of other trusts participating therein; and (b).To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed, or underwritten, or one to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares at its discretion. SECTION 8. EXPRESS POWERS OF TRUSTEE Without in any way limiting the powers and discretion conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered: (a).To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition; (b).To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (c).To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve Bank, but the books and records of the Trustee shall at all times show that all securities are part of the Fund; (d).To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the federal or state government; and (e).To compromise or otherwise adjust all claims in favor of, or against, the Fund. SECTION 9. TAXES AND EXPENSES All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and other proper charges and disbursements of the Trustee, shall be paid from the Fund. SECTION 10. ANNUAL VALUATION The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the administrative authority a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee, within 90 days after the statement has been furnished to the Grantor and the administrative authority, shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement. SECTION 11. ADVICE OF COUNSEL The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any questions arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel. SECTION 12. TRUSTEE COMPENSATION The Trustee shall be entitled to reasonable compensation for its services, as agreed upon in writing from time to time with the Grantor. SECTION 13. SUCCESSOR TRUSTEE The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall, in writing, specify to the Grantor, the administrative authority, and the present Trustee, by certified mail 10 days before such change becomes effective, the date on which it assumes administration of the trust. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9. SECTION 14. INSTRUCTIONS TO THE TRUSTEE All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by the persons designated in the attached Exhibit A or such other persons as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders, requests, and instructions by the administrative authority to the Trustee shall be in writing and signed by the administrative authority. The Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or termination of the authority of any person to act on behalf of the Grantor or administrative authority hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or administrative authority, except as provided for herein. SECTION 15. NOTICE OF NONPAYMENT The Trustee shall notify the Grantor and the administrative authority, by certified mail, within 10 days following the expiration of the 30-day period after the anniversary of the establishment of the Trust, if no payment is received from the Grantor during that period. After the pay-in period is completed, the Trustee shall not be required to send a notice of nonpayment. SECTION 16. AMENDMENT OF AGREEMENT This Agreement may be amended by an instrument, in writing, executed by the Grantor, the Trustee, and the administrative authority, or by the Trustee and the administrative authority, if the Grantor ceases to exist. SECTION 17. IRREVOCABILITY AND TERMINATION Subject to the right of the parties to amend this Agreement, as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the administrative authority, or by the Trustee and the administrative authority, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor. SECTION 18. IMMUNITY AND INDEMNIFICATION The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any direction by the Grantor or the administrative authority issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all reasonable expenses incurred in its defense in the event that the Grantor fails to provide such defense. SECTION 19. CHOICE OF LAW This Agreement shall be administered, construed, and enforced according to the laws of the state of Louisiana. SECTION 20. INTERPRETATION As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers duly authorized [and their corporate seals to be hereunto affixed] and attested to as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in LAC 33:VII.11103.B.4, on the date first written above. WITNESSES: GRANTOR: ________________ ____________ ________________ By:____________ Its:_____________ TRUSTEE: _________________ By: ______________ Its:_______________ [Seal] THUS DONE AND PASSED in my office in _________, on the ________ day of ________, 20 ________, in the presence of ______________ and ________________, competent witnesses, who hereunto sign their names with the said appearers and me, Notary, after reading the whole. __________________ Notary Public [Example of Formal Certification of Acknowledgement] STATE OF LOUISIANA PARISH OF _________________ BE IT KNOWN, that on this ________ day of __________, 20__, before me, the undersigned Notary Public, duly commissioned and qualified within the State and Parish aforesaid, and in the presence of the witnesses hereinafter named and undersigned, personally came and appeared ___________, to me well known, who declared and acknowledged that he had signed and executed the foregoing instrument as his act and deed, and as the act and deed of the ____________________, a corporation, for the consideration, uses, and purposes and on terms and conditions therein set forth. And the said appearer, being by me first duly sworn, did depose and say that he is the ___________ of said corporation and that he signed and executed said instrument in his said capacity, and under authority of the Board of Directors of said corporation. Thus done and passed in the State and Parish aforesaid, on the day and date first hereinabove written, and in the presence of ______________ and ________________, competent witnesses, who have hereunto subscribed their names as such, together with said appearer and me, said authority, after due reading of the whole. WITNESSES: ___________________ ___________________ NOTARY PUBLIC: ___________________ C.Waste Tire Transporter Sample Documents SAMPLE DOCUMENT: WASTE TIRE TRANSPORTER FINANCIAL GUARANTEE BOND Date bond was executed: [Date bond executed] Effective date: [Effective date of bond] Principal:[legal name and business address of permit holder or applicant] Type of organization:[insert "individual," "joint venture," "partnership," or "corporation"] State of incorporation: Surety: [name and business address] [site identification number, site name, facility name, and current closure amount for each facility guaranteed by this bond] Total penal sum of bond: $ Surety's bond number: Know All Persons By These Presents, That we, the Principal and Surety hereto, are firmly bound to the Louisiana Department of Environmental Quality Waste Tire Management Fund in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where Sureties are corporations acting as co-sureties, we the sureties bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit or liability is indicated, the limit of liability shall be the full amount of the penal sum. WHEREAS, said Principal is required by La. R.S. 30:2418 and LAC 33:10523 to obtain authorization from the administrative authority in order to transport waste tires; and WHEREAS, the Principal is required by law to provide a surety bond to ensure proper management of waste tires in accordance with the Department of Environmental Quality’s Waste Tire Regulations as a condition of the authorization; The Surety shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by the administrative authority that the Principal has failed to properly manage waste tires in its possession as guaranteed by this bond, the Surety shall place funds in the amount guaranteed for the facility into the Waste Tire Management Fund as directed by the administrative authority. The Surety hereby waives notification of amendments to transporter authorizations, applicable laws, statutes, rules, and regulations, and agrees that no such amendment shall in any way alleviate its obligation on this bond. The liability of the Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety hereunder exceed the amount of the penal sum. The Surety may cancel the bond by sending notice of cancellation by certified mail to the Principal and to the Office of Environmental Compliance, Waste Permits Division. Cancellation shall not occur before 120 days have elapsed beginning on the date that both the Principal and the administrative authority received the notice of cancellation, as evidenced by the return receipts. The Principal may terminate this bond by sending written notice to the Surety and to the Office of Environmental Compliance, Waste Permits Division, provided; however, that no such notice shall become effective until the Surety receives written authorization for termination of the bond by the administrative authority. The Principal and Surety hereby agree that no portion of the penal sum may be expended without prior written approval of the administrative authority. IN WITNESS WHEREOF, the Principal and the Surety have executed this FINANCIAL GUARANTEE BOND and have affixed their seals on the date set forth above. Those persons whose signatures appear below hereby certify that they are authorized to execute this FINANCIAL GUARANTEE BOND on behalf of the Principal and Surety, that each Surety hereto is authorized to do business in the state of Louisiana and that the wording of this surety bond is identical to the wording specified in the Louisiana Department of Environmental Quality's Waste Tire Regulations, LAC 33:VII.11103.C. PRINCIPAL [Signature(s)] [Name(s)] [Title(s)] [Corporate Seal] CORPORATE SURETIES [Name and Address] State of incorporation: Liability limit: [Signature(s)] [Name(s) and title(s)] [Corporate seal] [This information must be provided for each cosurety] Bond Premium: $ AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411 et seq. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 20:1001 (September 1994), amended LR 22:1214 (December 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2782 (December 2000), LR 27:832 (June 2001), amended by the Office of Environmental Assessment, LR 30:2027 (September 2004), amended by the Office of the Secretary, Legal Division, LR 42:271 (February 2016), amended by the Office of the Secretary, Legal Affairs Division, LR 52: §11105.Document to be Filed in the Parish Records upon Completion of a Waste Tire End-Market Use Project―Appendix C Document to be Filed in the Parish Records upon Completion of a Waste Tire End-Market Use Project [Name of property owner] hereby notifies the public that the following described property was used for an end-market use project. This project was completed on [date project was completed] in accordance with the Louisiana Administrative Code, Title 33, Part VII. Inquiries regarding the contents of [the project] may be directed to [name of person with knowledge of the contents of the project] at [address of person with knowledge of the contents of the project]. Property Description [Provide the specific description of the location of the facility] _________________________________ Signature of Person Filing Parish Record _________________________________ Typed Name and Title of Person Filing Parish Record _________________________________ Date _________________________________ Louisiana Department of Environmental Quality Agency Interest Number (A true copy of the document shall be certified by the parish clerk of court.) AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2411-2422. HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, the Office of the Secretary, Legal Affairs Division, LR 52: Family Impact Statement This proposed Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972. Poverty Impact Statement This proposed Rule has no known impact on poverty as described in R.S. 49:973. Small Business Analysis The impact on small business as described in R.S. 49:974.1-974.8 from the proposed Rule are as follows. The proposed closure costs will increase from $20 per ton to $105 per ton for waste tires and waste tire material over the course of 18 months and $652 per ton for off-road waste tires weighing more than 500 pounds. The closure costs were last updated in 1994. This update will result in an increase of approximately five times the current cost. To help reduce the financial burden associated with these increased cost estimate requirements, the proposed Rule change will allow temporary exceedances of permitted storage capacity without requiring additional financial assurance. This provision will enable facilities to lower their permitted on-site storage levels, thereby reducing the financial impact associated with the proposed cost increases. Additionally, this regulation change proposes to extend a waste tire permit duration from five years to 10 years. This provides cost savings to the regulated community which includes a permit application fee of $1,000 for a permitted waste tire collection center and $1,563 for permitted waste tire processor and any consultant fees associated with the preparation and submittal of permit applications. Overall, these updates modernize the closure cost structure to reflect current market closure cost ensuring adequate financial protection for the state, while also providing flexibility to processors as they adjust to the new requirements. By allowing temporary, departmentapproved exceedances of storage capacity without additional financial assurance, the proposed Rule change balances the need for stronger environmental safeguards with practical measures to ease the transition for permitted facilities. Provider Impact Statement This proposed Rule has no known impact on providers as described in HCR 170 of 2014. Public Comments All interested persons are invited to submit written comments on the proposed Rule. Persons commenting should reference the proposed Rule by SW077. Such comments must be received no later than November 4, 2026, at 4:30 p.m., and should be sent to William Little, Attorney Supervisor, Office of the Secretary, Legal Affairs Division, P.O. Box 4302, Baton Rouge, LA 70821-4302, by fax (225) 219-4068, or by E-mail to DEQ.Reg.Dev.Comments@la.gov. Copies of the proposed Rule can be purchased by contacting the LDEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for each copy of SW077. The proposed Rule is available on the Internet at https://www.deq.louisiana.gov/about-ldeq/monthly-regulation-changes-2026. Public Hearing A public hearing will be held on October 28, 2026, at 1:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. Interested persons are invited to attend in person or online via Microsoft Teams at https://teams.microsoft.com/meet/225581962557365?p=WA1olUFploGq8u2YOV Meeting ID: 225 581 962 557 365 Passcode: A2NL2hJ9 or by phone (872) 239-6160 using phone conference ID: 833 450 698#. Should individuals with a disability need an accommodation to participate, contact Doug Bordelon at the address given below or at (225) 219-1325. The proposed Rule is available for inspection at the following LDEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 508 Downing Pines Road, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 111 New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123. Jill C. Clark General Counsel FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Waste Tire Regulation Revisions I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) The proposed rule change is not anticipated to impact the costs or savings to state or local governmental units. The proposed rule change revises Louisiana’s waste tire regulations, including several updates that strengthen oversight, clarify responsibilities, and modernize procedures. The proposed rule change makes the following changes: Adds or clarifies key definitions, such as “emergency response plan” and categories of permit modifications. Extends permit terms for processing and collection facilities from five to ten years, and requires more detailed modification submittals, including drawings and narratives. Classifies increases in permitted waste volume and expansions of facility boundaries as major modifications, which trigger public notice and hearing requirements. Requires new and renewal applicants to provide proof of zoning and an emergency response plan approved by the State Fire Marshal before submittal. Requires public notices of permit decisions to be published on the department’s website. Eliminates the expired land reclamation pilot study and reviews land reclamation projects case by case under end-market use requirements. Requires end-market users and permitted facilities to have written fire protection agreements and updated safety and evacuation plans. Increases site closure cost estimates, which have not been updated since 1994, from $20 to $105 per ton of waste tires and waste tire material and to $652 per ton for waste tires weighing more than 500 pounds, phased in over 42 months for existing permit holders, and raises financial assurance amounts accordingly. Increases the number of unmanifested waste tires that may be accepted from a person, per day, per vehicle, from five to 20. Allows owners of property holding illegally disposed waste tires to request a waiver of the daily per-person removal limit. Expands storage and recordkeeping requirements to prevent long-term accumulation. II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The proposed rule change will nominally decrease LDEQ revenues. The proposed rule change extends the waste tire permit duration from five years to 10 years, so permit application fees will be collected half as often. There are currently six permitted waste tire processors, which pay an application fee of $1,563, and no permitted waste tire collection centers, which pay an application fee of $1,000. Total fee collections of approximately $9,378 per permit cycle will occur once every 10 years rather than once every five years. The proposed rule change also increases the site closure financial assurance that permitted facilities must maintain. Those funds are held by the facility in a bond, letter of credit, or trust naming LDEQ as beneficiary; they are not revenue to the department. If a facility becomes insolvent, LDEQ may draw on the instrument solely to conduct closure of that facility, which reduces the cost the state would otherwise bear. No recurring revenue effect is anticipated.The proposed closure costs are increasing from $20/ton to $105/ton for waste tires and waste tire material and $652/ton for off-road waste tires weighing over 500 pounds. These funds are held in an account that LDEQ can access if the facility becomes insolvent. If a facility becomes insolvent, then LDEQ would collect the funds from the account to conduct the closure of the facility. III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS, SMALL BUSINESSES, OR NONGOVERNMENTAL GROUPS (Summary) Waste tire processors and collection centers are categorized as small businesses. The proposed rule change increases the site closure financial assurance these facilities must maintain. Closure cost estimates have not been updated since 1994. Within the last 10 years, out of eight permitted processors, two ceased operations while grossly underfunded, resulting in LDEQ being responsible for closure activities and, potentially, the associated costs. Additionally, the proposed rule change extends waste tire permit duration from five years to 10 years. This provides cost savings to the regulated community, which includes a permit application fee of $1,000 for a permitted waste tire collection center and $1,563 for a permitted waste tire processor, and any consultant fees associated with the preparation and submittal of permit applications. Overall, these updates modernize the closure cost structure to reflect current market closure costs, ensuring adequate financial protection for the state, while also providing flexibility to processors as they adjust to the new requirements. By allowing temporary, department‑approved exceedances of storage capacity without additional financial assurance, the rule change balances the need for stronger environmental safeguards with practical measures to ease the transition for permitted facilities. IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) The proposed rule change is not anticipated to impact competition or employment in either the public or private sectors. Jill C. ClarkPatrice Thomas General CounselDeputy Fiscal Officer 2609#040Legislative Fiscal Office