Current through Register Vol. 50, No. 9, September 20, 2024
A. The requirements
of this Subchapter apply to owners and operators of all facilities that treat,
store, or dispose of hazardous waste in tanks, surface impoundments, or
containers subject to either Chapter 19, 21, or 29, except as LAC 33:V.1501 and
Subsection B of this Section provide otherwise.
B. The requirements of this Subchapter do not
apply to the following waste management units at the facility:
1. a waste management unit that holds
hazardous waste placed in the unit before December 6, 1996, and in which no
hazardous waste is added to the unit on or after December 6, 1996;
2. a container that has a design capacity
less than or equal to 0.1 m3;
3. a tank in which an owner or operator has
stopped adding hazardous waste and the owner or operator has begun implementing
or completed closure pursuant to an approved closure plan;
4. a surface impoundment in which an owner or
operator has stopped adding hazardous waste (except to implement an approved
closure plan) and the owner or operator has begun implementing or completed
closure pursuant to an approved closure plan;
5. a waste management unit that is used
solely for on-site treatment or storage of hazardous waste that is placed in
the unit as a result of implementing remedial activities required under the
corrective action authorities of RCRA Sections 3004(u), 3004(v), or 3008(h),
CERCLA authorities, or similar state authorities;
6. a waste management unit that is used
solely for the management of radioactive mixed waste in accordance with all
applicable regulations under the authority of the Atomic Energy Act and the
Nuclear Waste Policy Act;
7. a
hazardous waste management unit that the owner or operator certifies is
equipped with and operating air emission controls in accordance with the
requirements of an applicable Clean Air Act regulation codified under 40 CFR
Part 60, Part 61, or Part 63. For the purpose of complying with this Paragraph,
a tank for which the air emission control includes an enclosure, as opposed to
a cover, must be in compliance with the enclosure and control device
requirements of LAC 33:V.1755.I, except as provided in LAC 33:V.1751.C.5;
and
8. a tank that has a process
vent as defined in LAC 33:V.1703.
C. For the owner and operator of a facility
subject to this Chapter and who received a final permit under RCRA
Section
3005 and LAC 33:V.Subpart 1
prior to December 6, 1996, the requirements of this Chapter must be
incorporated into the permit when the permit is reissued in accordance with the
requirements of LAC 33:V.705 or reviewed in accordance with the requirements of
LAC 33:V.315. Until such date when the permit is reissued in accordance with
the requirements of LAC 33:V.705 or reviewed in accordance with the
requirements of LAC 33:V.315, the owner and operator are subject to the
requirements of LAC 33:V.Chapter 43.Subchapter V.
D. The requirements of this Subchapter,
except for the recordkeeping requirements specified in LAC 33:V.1765.I, are
administratively stayed for a tank or a container used for the management of
hazardous waste generated by organic peroxide manufacturing and its associated
laboratory operations when the owner or operator of the unit meets all of the
following conditions:
1. the owner or operator
identifies that the tank or container receives hazardous waste generated by an
organic peroxide manufacturing process producing more than one functional
family of organic peroxides or multiple organic peroxides within one functional
family, that one or more of these organic peroxides could potentially undergo
self-accelerating thermal decomposition at or below ambient temperatures, and
that organic peroxides are the predominant products manufactured by the
process. For the purpose of meeting the conditions of this paragraph,
organic peroxide means an organic compound that contains the
bivalent - O- O- structure and which may be considered to be a structural
derivative of hydrogen peroxide where one or both of the hydrogen atoms has
been replaced by an organic radical;
2. the owner or operator prepares
documentation, in accordance with the requirements of LAC 33:V.1765.I,
explaining why an undue safety hazard would be created if air emission controls
specified in LAC 33:V.1755-1761 are installed and operated on the tanks and
containers used at the facility to manage the hazardous waste generated by the
organic peroxide manufacturing process or processes meeting the conditions of
Paragraph D.1 of this Section; and
3. the owner or operator notifies the Office
of Environmental Services, in writing, that hazardous waste generated by an
organic peroxide manufacturing process or processes meeting the conditions of
Paragraph D.1 of this Section are managed at the facility in tanks or
containers meeting the conditions of Paragraph D.2 of this Section. The
notification shall state the name and address of the facility and be signed and
dated by an authorized representative of the facility owner or
operator.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
