Current through Register Vol. 50, No. 9, September 20, 2024
A. A
Generator Shall Determine its Generator Category. A generator's category is
based on the amount of hazardous waste generated each month and may change from
month to month. This Section sets forth procedures to determine whether a
generator is a very small quantity generator, small quantity generator, or
large quantity generator for a particular month, as defined in LAC
33:V.109.
B. Generators of Either
Acute Hazardous Waste or Nonacute Hazardous Waste. A generator who generates
either acute hazardous waste or nonacute hazardous waste in a calendar month
shall determine its generator category for that month by doing the following:
1. counting the total amount of hazardous
waste generated in a calendar month;
2. subtracting the total of any amounts of
waste exempt from counting as described in Subsections D and E of this Section;
and
3. determining the resulting
generator category for the hazardous waste generated using Lable 1 of this
Section.
C. Generators
of Both Acute Hazardous Waste and Nonacute Hazardous Waste. A generator who
generates both acute hazardous waste and nonacute hazardous waste in the same
calendar month shall determine its generator category for that month by doing
the following:
1. counting separately the
total amount of acute hazardous waste and the total amount of nonacute
hazardous waste generated in a calendar month;
2. subtracting from each total any amounts of
waste exempt from counting as described in Subsections D and E of this
Section;
3. determining separately
the resulting categories for the quantities of acute and nonacute hazardous
waste generated using Lable 1 of this Section; and
4. comparing the resulting generator
categories from Paragraph C.3 of this Section and applying the more stringent
generator category to the accumulation and management of both nonacute and
acute hazardous waste generated for that month.
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Table 1. Generator Categories Based on
Quantity of Hazardous Waste Generated in a Calendar Month
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Quantity of Acute Hazardous Waste Generated
in a Calendar Month
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Quantity of Nonacute Hazardous Waste
Generated in a Calendar Month
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Quantity of Residues from a Clean-up of
Acute Hazardous Waste in a Calendar Month
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Generator Category
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Greater than
1 kg (2.2 lbs)
( 1 kg)
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Any Amount
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Any Amount
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Large Quantity Generator
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Any Amount
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Greater than or equal to 1,000 kg (2,000 lbs) (
1,000 kg)
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Any Amount
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Large Quantity Generator
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Any Amount
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Any Amount
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Greater than 1,000 kg (220 lbs) (100 kg)
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Large Quantity Generator
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Less than or equal to
1 kg (2.2 lbs) (< 1 kg)
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Greater than 100 kg (220 lbs.) and less than
1,000 kg
(2,200 lbs) (100 kg and
< 1,000 kg)
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Less than or
equal to 100 kg
(220 lbs)
(< 100 kg)
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Small Quantity Generator
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Less than or equal to 1 kg (2.2 lbs) (< 1
kg)
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Less than or equal to 100 kg (220 lbs)
(< 1 kg)
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Less than or
equal to 100 kg
(220 lbs)
(< 100 kg)
|
Very Small Quantity Generator
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D. When making the monthly quantity-based
determination required by this Chapter, the generator shall include all
hazardous waste that it generates, except hazardous waste that is:
1. exempt from regulation under LAC
33:V.105.D.3-6 and 8, 109. Empty Container. 1.a, and 4105.A.1;
2. managed immediately upon generation only
in on-site elementary neutralization units, wastewater treatment units, or
totally enclosed treatment facilities as defined in LAC 33:V.109;
3. recycled, without prior storage or
accumulation, only in an on-site process subject to regulation under LAC
33:V.4105.D;
4. used oil managed
under the requirements of LAC 33:V.4105.A.3 and Chapter 40;
5. spent lead-acid batteries managed under
the requirements of LAC 33:V.4145;
6. universal waste managed under LAC
33:V.105.D.7 and Chapter 38; or
7.
managed as part of an episodic event in compliance with LAC 33:V.Chapter 10.
Subchapter C.
E. In
determining the quantity of hazardous waste generated in a calendar month, a
generator need not include:
1. hazardous
waste when it is removed from on-site accumulation, as long as the hazardous
waste has been previously counted once;
2. hazardous waste generated by on-site
treatment (including reclamation) of the generator's hazardous waste, so long
as the hazardous waste that is treated was previously counted once;
or
3. hazardous waste spent
materials that are generated, reclaimed, and subsequently reused on-site, so
long as such spent materials have been previously counted once.
F. Based on the generator category
as determined under this Section, the generator shall meet the applicable
independent requirements listed in LAC 33:V.1003. A generator's category also
determines which of the provisions of LAC 33:V.1009, 1011, 1013, or 1015 shall
be met to obtain an exemption from the storage facility permit, interim status,
and operating requirements when accumulating hazardous waste.
G. Mixing Hazardous Waste with Solid Waste
1. Very Small Quantity Generator Waste
a. Hazardous waste generated by a very small
quantity generator may be mixed with solid waste. Very small quantity
generators may mix a portion or all of its hazardous waste with solid waste and
remain subject to LAC 33:V.1009 even though the resultant mixture exceeds the
quantity limits identified in the definition of very small quantity
generator at LAC 33:V.109, unless the mixture exhibits one or more of
the characteristics of hazardous waste identified in LAC 33:V.4903.
b. If the resulting mixture exhibits a
characteristic of hazardous waste, this resultant mixture is a newly generated
hazardous waste. The very small quantity generator shall count both the
resultant mixture amount plus the other hazardous waste generated in the
calendar month to determine whether the total quantity exceeds the calendar
month quantity limits for the very small quantity generator identified in the
definition of generator categories found in LAC 33:V.109. If so, to remain
exempt from permitting, interim status, and operating standards, the very small
quantity generator shall meet the conditions for exemption applicable to either
a small quantity generator or a large quantity generator. The very small
quantity generator shall also comply with the applicable independent
requirements for either a small quantity generator or a large quantity
generator.
c. If a very small
quantity generator's waste is mixed with used oil, the mixture is subject to
LAC 33:V.Chapter 40. Any material produced from such a mixture by processing,
blending, or other treatment is also regulated under LAC 33:V.Chapter 40.
2. Small Quantity
Generator and Large Quantity Generator Hazardous Waste
a. Hazardous waste generated by a small
quantity generator or a large quantity generator may be mixed with a solid
waste. These mixtures are subject to the following: the mixture rule in LAC
33:V.109. Hazardous Waste. 2.c, 3.b, 3.c, and 4.e; the prohibition of dilution
rule at LAC 33:V.2207.A; the land disposal restriction requirements of LAC
33:V.2223 if a characteristic hazardous waste is mixed with a solid waste so
that it no longer exhibits the hazardous characteristic; and the hazardous
waste determination requirement at LAC 33:V.1005.
b. If the resulting mixture is found to be a
hazardous waste, this resultant mixture is a newly generated hazardous waste. A
small quantity generator shall count both the resultant mixture amount plus the
other hazardous waste generated in the calendar month to determine whether the
total quantity exceeds the small quantity generator calendar monthly quantity
limits identified in the definition of generator categories found in LAC
33:V.109. If so, to remain exempt from the permitting, interim status, and
operating standards, the small quantity generator shall meet the conditions for
exemption applicable to the large quantity generator. The small quantity
generator shall also comply with the independent requirements for a large
quantity generator.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
