Current through Register Vol. 50, No. 9, September 20, 2024
A. This Chapter is adopted pursuant to the
authority of Act 1984, Number 803, as amended by Act 1986, Number 422, and Act
1987, Number 852, cited as Louisiana Revised Statutes Title 30, Section 2193.
B. The purpose of these
regulations is to provide for prohibitions and incentives designed to encourage
alternative methods of hazardous waste disposal, destruction, and reduction; to
lessen the possibility of hazardous waste releases from existing land disposal
sites; and to provide for the eventual prohibition of land disposal of
hazardous waste.
C. This Chapter
identifies hazardous wastes that are restricted from land disposal and defines
those limited circumstances under which an otherwise prohibited waste may
continue to be land disposed.
D.
The requirements of this Chapter apply to all persons who generate or transport
hazardous waste and to owners and operators of hazardous waste treatment,
storage, and disposal facilities.
E. These regulations shall be construed and
implemented to support the use of the following waste management practices in
the following order of priority:
1. reduction
of hazardous waste generated;
2.
recycling of hazardous waste;
3.
treatment of hazardous waste; and
4. land disposal of residuals from hazardous
waste recycling and treatment.
F. The policies and determinations that the
administrative authority makes pursuant to these regulations shall assert and
reflect the primacy of waste reduction.
G. Prohibited wastes may continue to be land
disposed as follows:
1. where persons have
been granted an extension to the effective date of a prohibition under LAC
33:V.Chapter 22.Subchapter A or in accordance with LAC 33:V.2239 with respect
to those wastes covered by the extension;
2. where persons have been granted an
approval from a prohibition in accordance with a petition under LAC 33:V.2241
or 2271, or a determination made in accordance with LAC 33:V.2273, with respect
to those wastes and units covered by the petition;
3. Repealed.
4. wastes that are hazardous only because
they exhibit a hazardous characteristic, and which are otherwise prohibited
under this Chapter, are not prohibited if the wastes:
a. are disposed into a nonhazardous or
hazardous injection well as defined in LAC 43:XVII.203.C; and
b. do not exhibit any prohibited
characteristic of hazardous waste identified in LAC 33:V.4903 at the point of
injection at the well head;
5. wastes that are hazardous only because
they exhibit a hazardous characteristic and which are otherwise prohibited
under this Chapter are not prohibited if the wastes meet any of the following
criteria, unless the wastes are subject to a specified method of treatment
other than DEACT in LAC 33:V.2299.Appendix, Table 2, or are D003 reactive
cyanide:
a. the wastes are managed in a
treatment system which subsequently discharges to waters of the United States
pursuant to a permit issued under Section 402 of the Clean Water Act;
or
b. the wastes are treated for
purposes of the pretreatment requirements of
Section
307 of the Clean Water Act;
or
c. the wastes are managed in a
zero discharge system engaged in Clean Water Act-equivalent treatment as
defined in LAC 33:V.2221.D.1; and
d. the wastes no longer exhibit a prohibited
characteristic at the point of land disposal (i.e., placement in a surface
impoundment).
H. The requirements of this Section shall not
affect the availability of a waiver under Section 121(d)(4) of the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA).
I. The following
hazardous wastes are not subject to any provision of this Chapter:
1. waste pesticides that a farmer disposes of
in accordance with LAC 33:V.1003.C;
2. waste identified or listed as hazardous
after November 8, 1984, for which EPA has not promulgated land disposal
prohibitions or treatment standards;
3. de minimis losses of characteristic wastes
to wastewaters are not considered to be prohibited wastes and are defined as
losses from normal material handling operations (e.g., spills from the
unloading or transfer of materials from bins or other containers, leaks from
pipes, valves or other devices used to transfer materials); minor leaks of
process equipment, storage tanks, or containers; leaks from well-maintained
pump packings and seals; sample purgings; relief device discharges; discharges
from safety showers and rinsing and cleaning of personal safety equipment;
rinsate from empty containers or from containers that are rendered empty by
that rinsing; and laboratory wastes not exceeding 1 percent of the total flow
of wastewater into the facility's headworks on an annual basis or with a
combined annualized average concentration not exceeding one part per million in
the headworks of the facility's wastewater treatment or pretreatment
facility;
4. waste generated by
very small quantity generators, as defined in LAC
33:V.1009;
5. universal waste
handlers and universal waste transporters (as defined in LAC 33:V.3813) are
exempt from LAC 33:V.2205, 2245.A-I, 2246.E, and 2247 for 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.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
