Current through Register Vol. 50, No. 9, September 20, 2024
A. The regulations
in this Chapter apply to owners and operators of all hazardous waste
facilities, except as provided in LAC 33:V.1501.C. LAC 33:V.1503.B.3 applies
only to facilities subject to regulations under LAC 33:V. Chapters 19, 21, 23,
25, 27, 29, 31, or 32.
B. Except as
specifically authorized by the terms and conditions of a permit issued under
these rules and regulations, the construction and operation of a facility to
treat, store, or dispose of hazardous wastes in violation of the standards
established by this Section shall be a violation of the Act enforceable
pursuant to LAC 33:V.107 of these regulations and R.S. 30:1073.
C. The requirements of this Chapter do not
apply to:
1. the owner or operator of a
facility permitted, licensed, or registered to manage municipal or industrial
solid waste, if the only hazardous waste the facility treats, stores, or
disposes of is excluded from regulation by LAC 33:V.1009;
2. the owner or operator of a facility
managing recycled material described in LAC 33:V.4105.A (except to the extent
they are referred to in LAC 33:V.Chapter 30 or 40 or LAC 33:V.4139, 4141, 4143,
or 4145);
3. Reserved;
4. a farmer disposing of waste pesticides
from his own use as provided in LAC 33:V.1003.C;
5. the owner or operator of a totally
enclosed treatment facility (see LAC 33:V.109);
6. the owner or operator of an elementary
neutralization unit or wastewater treatment unit (see LAC 33:V.109) provided
that if the owner or operator is diluting hazardous ignitable (D001) wastes
(other than the D001 High TOC Subcategory defined in LAC 33:V.2299.Appendix,
Table 2, Treatment Standards for Hazardous Wastes) or reactive (D003) waste to
remove the characteristic before land disposal, the owner/operator must comply
with the requirements set out in LAC 33:V.1517.B;
7.
a.
except as provided in Subparagraph C.7.b of this Section, a person engaged in
treatment or containment activities during immediate response to any of the
following situations:
i. a discharge of a
hazardous waste;
ii. an imminent
and substantial threat of a discharge of hazardous waste;
iii. a discharge of a material that, when
discharged, becomes a hazardous waste; or
iv. an immediate threat to human health,
public safety, property, or the environment, from the known or suspected
presence of military munitions, other explosive material, or an explosive
device, as determined by an explosive or munitions emergency response
specialist as defined in LAC 33:V.109;
b. an owner or operator of a facility
otherwise regulated by this Chapter must comply with all applicable
requirements of LAC 33:V.1511 and 1513;
c. any person who is covered by Subparagraph
C.7.a of this Section and who continues or initiates hazardous waste treatment
or containment activities after the immediate response is over is subject to
all applicable requirements of this Chapter and 40 CFR 122- 124 for those
activities; and
d. in the case of
an explosives or munitions emergency response, if a federal, state, tribal, or
local official acting within the scope of his or her official responsibilities
or an explosives or munitions emergency response specialist determines that
immediate removal of the material or waste is necessary to protect human health
or the environment, that official or specialist may authorize the removal of
the material or waste by transporters who do not have EPA identification
numbers and without the preparation of a manifest. In the case of emergencies
involving military munitions, the responding military emergency response
specialist's organizational unit must retain records for three years
identifying the dates of the response, the responsible persons responding, the
type and description of material addressed, and its disposition;
8. a transporter storing
manifested shipments of hazardous waste in containers meeting the requirements
applicable to the regulations of the Department of Public Safety on packaging,
at a transfer facility for a period of 10 days or less, if so approved by the
administrative authority;
9. the
addition of absorbent material to waste in a container (see LAC 33:V.109), or
the addition of waste to absorbent material in a container, provided that these
actions occur at the time waste is first placed in the container and LAC
33:V.1517.B, 2103, and 2105 are complied with;
10. a generator accumulating waste on-site in
compliance with LAC 33:V.Chapter 10;
11. universal waste handlers and universal
waste transporters (as defined in LAC 33:V.3813) handling the wastes listed
below. These handlers are subject to regulation under LAC 33:V.Chapter 38, when
handling the below listed universal wastes:
a. batteries as described in LAC
33:V.3803;
b. pesticides as
described in LAC 33:V.3805;
c.
mercury-containing equipment as described in LAC 33:V.3807;
d. lamps as described in LAC
33:V.3809;
e. electronics as
described in LAC 33:V.3810; and
f.
antifreeze as described in LAC 33:V.3811; or
12. LAC 33:V.5309 identifies when the
requirements of this Chapter apply to the storage of military munitions
classified as solid waste under LAC 33:V.5303. The treatment and disposal of
hazardous waste military munitions are subject to the applicable permitting,
procedural, and technical standards in LAC 33:V.Subpart 1.
E. The requirements of this Chapter apply to
a person disposing of hazardous waste by means of ocean disposal subject to a
permit issued under the Marine Protection, Research, and Sanctuaries Act only
to the extent they are included in a RCRA permit by rule granted to such a
person under LAC 33:V.305.D.
G. The requirements of this Chapter apply to
the owner or operator of a POTW which treats, stores, or disposes of hazardous
waste only to the extent they are included in a RCRA permit by rule granted to
such a person under LAC 33:V.305.D.
H. The requirements of LAC 33:V1017, 1503,
1504, 1507, 1509, 1511, 1513, 1515, 1517, 1519, and 3322 do not apply to
remediation waste management sites. (However, some remediation waste management
sites may be a part of a facility that is subject to a traditional RCRA permit
because the facility is also treating, storing, or disposing of hazardous
wastes that are not remediation wastes. In these cases, LAC 33:V.1509, 1511,
1513, and 3322 do apply to the facility subject to the traditional RCRA
permit.) Instead of the requirements of LAC 33:V.1509, 1511, and 1513, owners
or operators of remediation waste management sites must:
1. obtain an EPA identification number by
applying to the administrative authority using the department's Form
HW-1;
2. obtain a detailed chemical
and physical analysis of a representative sample of the hazardous remediation
wastes to be managed at the site. At a minimum, the analysis must contain all
of the information which must be known to treat, store, or dispose of the waste
according to LAC 33:V.Chapters 10, 11, 15-29, and 31-37, and must be kept
accurate and up to date;
3. prevent
people who are unaware of the danger from entering, and minimize the
possibility for unauthorized people or livestock to enter onto the active
portion of the remediation waste management site, unless the owner or operator
can demonstrate to the administrative authority that:
a. physical contact with the waste,
structures, or equipment within the active portion of the remediation waste
management site will not injure people or livestock who may enter the active
portion of the remediation waste management site; and
b. disturbance of the waste or equipment by
people or livestock who enter onto the active portion of the remediation waste
management site will not cause a violation of the requirements of this
Section;
4. inspect the
remediation waste management site for malfunctions, deterioration, operator
errors, and discharges that may be causing, or may lead to, a release of
hazardous waste constituents to the environment, or a threat to human health.
The owner or operator must conduct these inspections often enough to identify
problems in time to correct them before they harm human health or the
environment, and must remedy the problem before it leads to a human health or
environmental hazard. Where a hazard is imminent or has already occurred, the
owner/operator must take remedial action immediately;
5. provide personnel with classroom or
on-the-job training on how to perform their duties in a way that ensures the
remediation waste management site complies with the requirements of LAC
33:V.Chapters 10, 11, 15-29, and 31-37, and on how to respond effectively to
emergencies;
6. take precautions to
prevent accidental ignition or reaction of ignitable or reactive waste, and
prevent threats to human health and the environment from ignitable, reactive,
and incompatible waste;
7. for
remediation waste management sites subject to regulation under LAC
33:V.Chapters 19, 21, 23, 25, 27, 29, 31, and 32, the owner/operator must
design, construct, operate, and maintain a unit within a 100-year floodplain to
prevent washout of any hazardous waste by a 100-year flood, unless the
owner/operator can meet the demonstration of LAC 33:V.1503.B;
8. not place any non-containerized or bulk
liquid hazardous waste in any salt dome formation, salt bed formation,
underground mine, or cave;
9.
develop and maintain a construction quality assurance program for all surface
impoundments, waste piles, and landfill units that are required to comply with
LAC 33:V.2303.C and D, 2503.L and M, and 2903.J and K at the remediation waste
management site, according to the requirements of LAC 33:V.1504;
10. develop and maintain procedures to
prevent accidents and a contingency and emergency plan to control accidents
that occur. These procedures must address proper design, construction,
maintenance, and operation of remediation waste management units at the site.
The goal of the plan must be to minimize the possibility of, and the hazards
from, a fire, explosion, or any unplanned sudden or nonsudden release of
hazardous waste or hazardous waste constituents to air, soil, or surface water
that could threaten human health or the environment. The plan must explain
specifically how to treat, store, and dispose of the hazardous remediation
waste in question, and must be implemented immediately whenever a fire,
explosion, or release of hazardous waste or hazardous waste constituents which
could threaten human health or the environment occurs;
11. designate at least one employee, either
on the facility premises or on call (that is, available to respond to an
emergency by reaching the facility quickly), to coordinate all emergency
response measures. This emergency coordinator must be thoroughly familiar with
all aspects of the facility's contingency plan, all operations and activities
at the facility, the location and characteristics of waste handled, the
location of all records within the facility, and the facility layout. In
addition, this person must have the authority to commit the resources needed to
carry out the contingency plan;
12.
develop, maintain, and implement a plan to meet the requirements in Paragraphs
H.2-6 and 9-10 of this Section; and
13. maintain records documenting compliance
with Paragraphs H.1-12 of this Section.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
