La. Admin. Code tit. 33 § V-4907

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

Section V-4907 - Criteria for Listing Hazardous Waste

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.)

B. The administrative authority may list classes or types of solid waste as hazardous waste if he or she has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in LAC 33:V.109.

C. The administrative authority shall use the criteria for listing specified in this Chapter to establish the exclusion limits referred to in LAC 33:V.1007.D.

La. Admin. Code tit. 33, § V-4907

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 17:478 (May 1991), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 27:715 (May 2001), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46949 (7/1/2020).

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