La. Admin. Code tit. 33 § V-1007

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-1007 - Generator Category Determination

A. A Generator Shall Determine its Generator Category. A generator's category is based on the amount of hazardous waste generated each month and may change from month to month. This Section sets forth procedures to determine whether a generator is a very small quantity generator, small quantity generator, or large quantity generator for a particular month, as defined in LAC 33:V.109.

B. Generators of Either Acute Hazardous Waste or Nonacute Hazardous Waste. A generator who generates either acute hazardous waste or nonacute hazardous waste in a calendar month shall determine its generator category for that month by doing the following:

1. counting the total amount of hazardous waste generated in a calendar month;

2. subtracting the total of any amounts of waste exempt from counting as described in Subsections D and E of this Section; and

3. determining the resulting generator category for the hazardous waste generated using Lable 1 of this Section.

C. Generators of Both Acute Hazardous Waste and Nonacute Hazardous Waste. A generator who generates both acute hazardous waste and nonacute hazardous waste in the same calendar month shall determine its generator category for that month by doing the following:

1. counting separately the total amount of acute hazardous waste and the total amount of nonacute hazardous waste generated in a calendar month;

2. subtracting from each total any amounts of waste exempt from counting as described in Subsections D and E of this Section;

3. determining separately the resulting categories for the quantities of acute and nonacute hazardous waste generated using Lable 1 of this Section; and

4. comparing the resulting generator categories from Paragraph C.3 of this Section and applying the more stringent generator category to the accumulation and management of both nonacute and acute hazardous waste generated for that month.

Table 1. Generator Categories Based on Quantity of Hazardous Waste Generated in a Calendar Month
Quantity of Acute Hazardous Waste Generated in a Calendar Month	Quantity of Nonacute Hazardous Waste Generated in a Calendar Month	Quantity of Residues from a Clean-up of Acute Hazardous Waste in a Calendar Month	Generator Category
Greater than 1 kg (2.2 lbs) ( 1 kg)	Any Amount	Any Amount	Large Quantity Generator
Any Amount	Greater than or equal to 1,000 kg (2,000 lbs) ( 1,000 kg)	Any Amount	Large Quantity Generator
Any Amount	Any Amount	Greater than 1,000 kg (220 lbs) (100 kg)	Large Quantity Generator
Less than or equal to 1 kg (2.2 lbs) (< 1 kg)	Greater than 100 kg (220 lbs.) and less than 1,000 kg (2,200 lbs) (100 kg and < 1,000 kg)	Less than or equal to 100 kg (220 lbs) (< 100 kg)	Small Quantity Generator
Less than or equal to 1 kg (2.2 lbs) (< 1 kg)	Less than or equal to 100 kg (220 lbs) (< 1 kg)	Less than or equal to 100 kg (220 lbs) (< 100 kg)	Very Small Quantity Generator

D. When making the monthly quantity-based determination required by this Chapter, the generator shall include all hazardous waste that it generates, except hazardous waste that is:

1. exempt from regulation under LAC 33:V.105.D.3-6 and 8, 109. Empty Container. 1.a, and 4105.A.1;

2. managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in LAC 33:V.109;

3. recycled, without prior storage or accumulation, only in an on-site process subject to regulation under LAC 33:V.4105.D;

4. used oil managed under the requirements of LAC 33:V.4105.A.3 and Chapter 40;

5. spent lead-acid batteries managed under the requirements of LAC 33:V.4145;

6. universal waste managed under LAC 33:V.105.D.7 and Chapter 38; or

7. managed as part of an episodic event in compliance with LAC 33:V.Chapter 10. Subchapter C.

E. In determining the quantity of hazardous waste generated in a calendar month, a generator need not include:

1. hazardous waste when it is removed from on-site accumulation, as long as the hazardous waste has been previously counted once;

2. hazardous waste generated by on-site treatment (including reclamation) of the generator's hazardous waste, so long as the hazardous waste that is treated was previously counted once; or

3. hazardous waste spent materials that are generated, reclaimed, and subsequently reused on-site, so long as such spent materials have been previously counted once.

F. Based on the generator category as determined under this Section, the generator shall meet the applicable independent requirements listed in LAC 33:V.1003. A generator's category also determines which of the provisions of LAC 33:V.1009, 1011, 1013, or 1015 shall be met to obtain an exemption from the storage facility permit, interim status, and operating requirements when accumulating hazardous waste.

G. Mixing Hazardous Waste with Solid Waste

1. Very Small Quantity Generator Waste

a. Hazardous waste generated by a very small quantity generator may be mixed with solid waste. Very small quantity generators may mix a portion or all of its hazardous waste with solid waste and remain subject to LAC 33:V.1009 even though the resultant mixture exceeds the quantity limits identified in the definition of very small quantity generator at LAC 33:V.109, unless the mixture exhibits one or more of the characteristics of hazardous waste identified in LAC 33:V.4903.

b. If the resulting mixture exhibits a characteristic of hazardous waste, this resultant mixture is a newly generated hazardous waste. The very small quantity generator shall count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the calendar month quantity limits for the very small quantity generator identified in the definition of generator categories found in LAC 33:V.109. If so, to remain exempt from permitting, interim status, and operating standards, the very small quantity generator shall meet the conditions for exemption applicable to either a small quantity generator or a large quantity generator. The very small quantity generator shall also comply with the applicable independent requirements for either a small quantity generator or a large quantity generator.

c. If a very small quantity generator's waste is mixed with used oil, the mixture is subject to LAC 33:V.Chapter 40. Any material produced from such a mixture by processing, blending, or other treatment is also regulated under LAC 33:V.Chapter 40.

2. Small Quantity Generator and Large Quantity Generator Hazardous Waste

a. Hazardous waste generated by a small quantity generator or a large quantity generator may be mixed with a solid waste. These mixtures are subject to the following: the mixture rule in LAC 33:V.109. Hazardous Waste. 2.c, 3.b, 3.c, and 4.e; the prohibition of dilution rule at LAC 33:V.2207.A; the land disposal restriction requirements of LAC 33:V.2223 if a characteristic hazardous waste is mixed with a solid waste so that it no longer exhibits the hazardous characteristic; and the hazardous waste determination requirement at LAC 33:V.1005.

b. If the resulting mixture is found to be a hazardous waste, this resultant mixture is a newly generated hazardous waste. A small quantity generator shall count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the small quantity generator calendar monthly quantity limits identified in the definition of generator categories found in LAC 33:V.109. If so, to remain exempt from the permitting, interim status, and operating standards, the small quantity generator shall meet the conditions for exemption applicable to the large quantity generator. The small quantity generator shall also comply with the independent requirements for a large quantity generator.

La. Admin. Code tit. 33, § V-1007

Promulgated by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46903 (7/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.