Current through Register Vol. 50, No. 9, September 20, 2024
A. Hazardous wastes that are recycled are
subject to the requirements for generators, transporters, and storage
facilities in Subsections B-E of this Section, except for the materials listed
in Paragraphs A.1 and 2 of this Section. Hazardous wastes that are recycled
will be known as recyclable materials.
1. The following recyclable materials are not
subject to regulation under LAC 33:V.Subpart 1, and are not subject to the
notification requirements of LAC 33:V.105 or Section 3010 of RCRA:
a. industrial ethyl alcohol that is
reclaimed, except that, unless otherwise provided in an international agreement
as specified in LAC 33:V.1113.I:
i. a person
initiating a shipment for reclamation in a foreign country, and any
intermediary arranging for the shipment, shall comply with the requirements
applicable to a primary exporter in LAC 33:V.1113.D, G, and H, export such
materials only upon consent of the receiving country and in conformance with
the Louisiana State Acknowledgment of Consent as defined in LAC 33:V.1113, and
provide a copy of the Louisiana State Acknowledgment of Consent to the shipment
to the transporter transporting the shipment for export;
ii. a transporter transporting a shipment for
export shall not accept a shipment if he knows the shipment does not conform to
the Louisiana State Acknowledgment of Consent, shall ensure that a copy of the
Louisiana State Acknowledgment of Consent accompanies the shipment, and shall
ensure that it is delivered to the facility designated by the person initiating
the shipment;
b. scrap
metal that is not excluded under LAC 33:V.105.D.1.m;
c. fuels produced from the refining of
oil-bearing hazardous wastes along with normal process streams at a petroleum
refining facility if such wastes result from normal petroleum refining,
production, and transportation practices (this exemption does not apply to
fuels produced from oil recovered from oil-bearing hazardous waste, where such
recovered oil is already excluded under LAC 33:V.105.D.1.l);
d. the following recyclable materials:
i. hazardous waste fuel produced from
oil-bearing hazardous wastes from petroleum refining, production, or
transportation practices, or produced from oil reclaimed from such hazardous
wastes, where such hazardous wastes are reintroduced into a process that does
not use distillation or does not produce products from crude oil as long as the
resulting fuel meets the used oil specification under LAC 33:V.4005 and as long
as no other hazardous wastes are used to produce the hazardous waste
fuel;
ii. hazardous waste fuel
produced from oil-bearing hazardous waste from petroleum refining, production,
and transportation practices, where such hazardous wastes are reintroduced into
a refining process after a point at which contaminants are removed, as long as
the fuel meets the used oil fuel specification under LAC 33:V.4005;
and
iii. oil reclaimed from
oil-bearing hazardous wastes from petroleum refining, production, and
transportation practices, which reclaimed oil is burned as a fuel without
reintroduction to a refining process, as long as the reclaimed oil meets the
used oil fuel specification under LAC 33:V.4005.
2. The following recyclable
materials are not subject to the requirements of this Section but are regulated
under LAC 33:V.4139, 4141, 4143, and 4145, and all applicable provisions as
provided in LAC 33:V.Chapters 1, 3, 5, 7, 22, 27, 31, 42, and 43:
a. recyclable materials used in a manner
constituting disposal;
b. hazardous
wastes burned, as defined in LAC 33:V.3001.A, in boilers and industrial
furnaces that are not regulated under LAC 33:V.Chapter 31 or 43.Subchapter
N;
c. recyclable materials from
which precious metals are reclaimed; and
d. spent lead-acid batteries that are being
reclaimed.
3. Used oil
that is recycled and is also a hazardous waste solely because it exhibits a
hazardous characteristic is not subject to the requirements of LAC 33:V.Subpart
1, but is regulated under LAC 33:V.Chapter 40. Used oil that is recycled
includes any used oil that is reused, following its original use, for any
purpose (including the purpose for which the oil was originally used). The term
includes, but is not limited to, oil that is re-refined, reclaimed, burned for
energy recovery, or reprocessed.
4.
Hazardous waste that is exported to or imported from designated member
countries of the Organization for Economic Cooperation and Development (OECD)
(as defined in LAC 33:V.1113.I.1.a) for the purpose of recovery is subject to
the requirements of LAC 33:V.Chapter 11.Subchapter B, if it is subject to
either the manifesting requirements of LAC 33:V.Chapter 11 or to the universal
waste management standards of LAC 33:V.Chapter 38.
B. Generators and transporters of recyclable
materials are subject to the applicable requirements of LAC 33:V.Chapters 10,
11 and 13 and the notification requirements of LAC 33:V.105, except as provided
in Paragraph A.1 of this Section.
C. Owners and operators of facilities that
store recyclable materials before they are recycled are regulated under all
applicable provisions of LAC 33:V.Chapters 3, 5, 10, 11, 15, 19, 21, 22, 23,
29, 33, 35, and 37, and Chapter 43.Subchapters A-K; and the notification
requirements of LAC 33:V.105.A, except as provided in Subsection A of this
Section. The recycling process itself is exempt from regulation, except as
provided in Subsection E of this Section.
D. Owners or operators of facilities that
recycle recyclable materials without storing them before they are recycled are
subject to the following requirements, except as provided in Subsection A of
this Section:
1. notification requirements of
LAC 33:V.105.A;
2. LAC 33:V.1516.B
and C, dealing with the use of manifest and manifest discrepancies;
3. Subsection E of this Section;
and
4. LAC 33:V.1529.D (Annual
Report).
E. Owners or
operators subject to LAC 33:V.Subpart 1 permitting requirements with hazardous
waste management units that recycle hazardous wastes are subject to the
requirements of LAC 33:V.Chapter 17 and Chapter 43.Subchapters Q-R.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
