La. Admin. Code tit. 33 § V-2201

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

Section V-2201 - Purpose, Scope, and Applicability

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 Repealed.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.

La. Admin. Code tit. 33, § V-2201

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 15:378 (May 1989), amended LR 16:398 (May 1990), LR 16:1057 (December 1990), LR 17:658 (July 1991), LR 18:723 (July 1992), LR 21:266 (March 1995), LR 22:22 (January 1996), LR 23:568 (May 1997), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:300 (February 1998), LR 24:666 (April 1998), LR 24:1107 (June 1998), LR 24:1724 (September 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1799 (October 1999), LR 27:711 (May 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:3117 (December 2005), Amended by the Office of the Secretary, Legal Division, LR 431142 (6/1/2017), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46936 (7/1/2020).

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