A. The administrative authority shall list a
solid waste as a hazardous waste upon determining that the solid waste meets
one of the following criteria.
1. It exhibits
any of the characteristics of hazardous waste identified in LAC
33:V.4903.
2. It has been found to
be fatal to humans in low doses or, in the absence of data on human toxicity,
it has been shown in studies to have an oral LD 50 toxicity (rat) of less than
50 milligrams per kilogram, an inhalation LC 50 toxicity (rat) of less than 2
milligrams per liter, or a dermal LD 50 toxicity (rabbit) of less than 200
milligrams per kilogram or is otherwise capable of causing or significantly
contributing to an increase in serious irreversible, or incapacitating
reversible, illness. (Waste listed in accordance with these criteria will be
designated Acute or Acutely Hazardous Waste.)
3. It contains any of the toxic constituents
listed in LAC 33:V.3105, Table 1, and after considering the following factors,
the administrative authority concludes that the waste is capable of posing a
substantial present or potential hazard to human health or the environment when
improperly treated, stored, transported, or disposed of, or otherwise managed:
a. the nature of the toxicity presented by
the constituent;
b. the
concentration of the constituent in the waste;
c. the potential of the constituent or any
toxic degradation product of the constituent to migrate from the waste into the
environment under the types of improper management considered in LAC
33:V.4907.A.3.g;
d. the persistence
of the constituent or any toxic degradation product of the
constituent;
e. the potential for
the constituent or any toxic degradation product of the constituent to degrade
into nonharmful constituents and the rate of degradation;
f. the degree to which the constituent or any
degradation product of the constituent bioaccumulates in ecosystems;
g. the plausible types of improper management
to which the waste could be subjected;
h. the quantities of the waste generated at
individual generation sites or on a regional or national basis;
i. the nature and severity of the human
health and environmental damage that has occurred as a result of the improper
management of wastes containing the constituent;
j. action taken by other governmental
agencies or regulatory programs based on the health or environmental hazard
posed by the waste or waste constituent; and
k. such other factors as may be appropriate.
Substances will be listed in LAC 33:V.3105, Table 1 only
if they have been shown in scientific studies to have toxic, carcinogenic,
mutagenic, or teratogenic effects on humans or other life forms. (Wastes listed
in accordance with these criteria will be designated "Toxic" wastes.)
