La. Admin. Code tit. 33 § V-1009

Current through Register Vol. 50, No. 6, June 20, 2024

Section V-1009 - Conditions for Exemption for Very Small Quantity Generators

A. Provided that the very small quantity generator meets all the conditions for exemption listed in this Section, hazardous waste generated by the very small quantity generator is not subject to the requirements of LAC 33:V.Subpart 1 (except LAC 33:V.1003-1009) and the very small quantity generator may accumulate hazardous waste on-site without complying with such requirements. The conditions for exemption are included in Paragraphs 1-7 below.

1. In a calendar month, the very small quantity generator shall generate less than or equal to the amounts specified in the definition of very small quantity generator in LAC 33:V.109.

2. The very small quantity generator shall comply with LAC 33:V.1005.A-E.

3. If the very small quantity generator accumulated at any time greater than 1 kilogram (2.2 lbs.) of acute hazardous waste or 100 kilograms (220 lbs.) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill into or on any land or water of any acute hazardous waste listed in LAC 33:V.4901.B or E, all quantities of that acute hazardous waste are subject to the following additional conditions for exemption:

a. such waste is held on-site for no more than 90 days beginning on the date when the accumulated wastes exceed the amounts provided above; and

b. the conditions for exemption in LAC 33:V.1015.

4. If the very small quantity generator accumulates at any time 1,000 kilograms (2,200 lbs.) or greater of nonacute hazardous waste, all quantities of that hazardous waste are subject to the following additional conditions for exemption:

a. such waste is held on-site for no more than 180 days, or 270 days, if applicable, beginning on the date when the accumulated waste exceed the amounts provided above;

b. the quantity of waste accumulated on-site never exceeds 6,000 kilograms (13,200 lbs.); and

c. the conditions for exemption in LAC 33:V.1013.C.2-G.

5. A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits in Paragraphs A.3 and 4 of this Section shall either treat or dispose of its hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility, either of which, if located in the U.S., is:

a. permitted under 40 CFR 270, LAC 33:V.Subpart 1, or a RCRA approved hazardous waste program of any other state;

b. in interim status under 40 CFR 265 and 270, LAC 33:V.Subpart 1, or a RCRA approved hazardous waste program of any other state;

c. authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR 271 ;

d. permitted, licensed, or registered by a state to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to 40 CFR 258, LAC 33:VII.Subpart l;

e. permitted, licensed, or registered by a state to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit, is subject to the requirements in 40 CFR 257.5-30, LAC 33:VII.Subpart l; or

f. a facility which:

i. beneficially uses or reuses, or legitimately recycles or reclaims its waste; or

ii. treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation;

g. for universal waste managed under LAC 33:V.Chapter 38, a universal waste handler or destination facility subject to the requirements of 40 CFR 273 or LAC 33:V.Chapter 38;

h. a large quantity generator under the control of the same person as the very small quantity generator, provided the following conditions are met:

i. the very small quantity generator and the large quantity generator are under the control of the same person as defined in LAC 33:V.109. Control for the purpose of this Section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person as defined in LAC 33:V.109 shall not be deemed to control such generators;

ii. the very small quantity generator marks its container(s) of hazardous waste with:

(a). the words "Hazardous Waste"; and

(b). an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the U.S. Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the U.S. Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association Code 704).

6. A container holding hazardous waste shall be closed at all times during accumulation, except when:

a. adding, removing, or consolidating the hazardous waste; or

b. temporary venting of a container is necessary:

i. for the proper operation of equipment; or

ii. to prevent a dangerous situation, such as buildup of extreme pressure.

7. A very small quantity generator shall label or mark each container accumulating hazardous waste with the words "Hazardous Waste" or with other words that identify the contents of the container.

B. The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.

C. A very small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with LAC 33:V.Chapter 10.Subchapter Cinlieu of LAC 33:V.1011, 1013, and 1015.

La. Admin. Code tit. 33, § V-1009

Promulgated by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46904 (7/1/2020).

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