La. Admin. Code tit. 33 § V-2221
Current through Register Vol. 50, No. 6, June 20, 2024
Section V-2221 - Schedule of Wastes Identified or Listed after November 8, 1984D. Waste-Specific Prohibitions: Ignitable and Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated 1. Effective March 20, 1995, the wastes specified in LAC 33:V.4903.B as D001 (and is not in the High TOC Ignitable Liquids Subcategory) and specified in LAC 33:V.4903.C as D002 that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA) or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA) or that are zero-dischargers that engage in CWA-equivalent treatment before ultimate land disposal are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination, or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or better than these technologies.2. Effective March 20, 1995, the wastes specified in LAC 33:V.4903.B as D001 (and is not in the High TOC Ignitable Liquids Subcategory) and specified in LAC 33:V.4903.C as D002 that are managed in systems defined in LAC 43:XVII.103.C as Class V injection wells that do not engage in CWA-equivalent treatment before injection are prohibited from land disposal.E. Waste-Specific Prohibitions: Newly Identified Organic Toxicity Characteristic Wastes and Newly Listed Coke By-product and Chlorotoluene Production Wastes 1. Effective September 20, 1995, the wastes specified in LAC 33:V.Chapter 49 as EPA Hazardous Waste Numbers K141, K142, K143, K144, K145, K147, K148, K149, K150, and K151 are prohibited from land disposal. In addition, debris contaminated with EPA Hazardous Waste Numbers F037, F038, K107-K112, K117, K118, K123-K126, K131, K132, K136, U328, U353, and U359 and soil and debris contaminated with D012-D043, K141-K145, and K147-K151 are prohibited from land disposal. The following wastes that are specified in LAC 33:V.Chapter 49 as EPA Hazardous Waste Numbers D012, D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, D024, D025, D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, D036, D037, D038, D039, D040, D041, D042, and D043 that are not radioactive or that are managed in systems other than those whose discharge is regulated under the CWA or that are zero dischargers that do not engage in CWA-equivalent treatment before ultimate land disposal or that are injected in Class I deep wells regulated under the SDWA are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or better than these technologies.2. On September 19, 1996, radioactive wastes that are mixed with D018-D043 that are managed in systems other than those whose discharge is regulated under the CWA or that inject in Class I deep wells regulated under the SDWA or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal are prohibited from land disposal. CWA-equivalent treatment means biological treatment of organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or better than these technologies. Radioactive wastes mixed with K141-K145 and K147-K151 are also prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.3. Between March 20, 1995 and September 19, 1996, the wastes included in LAC 33:V.2221.E.2 may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the requirements specified in 40 CFR 268.5(h)(2).4. The requirements of LAC 33:V.2221.E.1-3 do not apply if the following conditions are met: a. the wastes meet the applicable treatment standards specified in LAC 33:V.Chapter 22.Subchapter A;b. persons have been granted an exemption from a prohibition in accordance with a petition under LAC 33:V.2241, with respect to those wastes and units covered by the petition;c. the wastes meet the applicable alternate treatment standards established in accordance with a petition granted under LAC 33:V.2231; andd. persons have been granted an extension to the effective date of a prohibition in accordance with LAC 33:V.2239, with respect to those wastes covered by the extension.5. To determine whether a hazardous waste identified in LAC 33:V.2221 exceeds the applicable treatment standards specified in LAC 33:V.2299.Appendix, Table 2, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable LAC 33:V.2299.Appendix, Table 2 levels, the waste is prohibited from land disposal, and all requirements of this Chapter are applicable, except as otherwise specified.F. Waste-Specific Prohibitions: Spent Aluminum Potliners and Reactive and Carbamate Wastes 1. Effective April 20, 1998, the wastes specified in LAC 33:V.4901.C as EPA Hazardous Waste Numbers K156-K159, K161, and in LAC 33:V.4901.E as EPA Hazardous Waste Numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.2. Effective April 20, 1998, the wastes identified in LAC 33:V.4903.D as D003 that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA) or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA) or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. This prohibition does not apply to unexploded ordnance and other explosive devices, which have been the subject of an emergency response. Such D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal (see LAC 33:V.2223).3. On September 21, 1998, the wastes specified in LAC 33:V.4901.C as EPA Hazardous Waste Number K088 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.4. On April 20, 1998, radioactive wastes mixed with K088, K156-K159, K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are also prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.5. Between July 8, 1996, and April 20, 1998, the wastes included in 40 CFR 268.39(a), (c), and (d) may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the requirements specified in 40 CFR 268.5(h)(2). 6. The requirements of Paragraphs F.1-4 of this Section do not apply if: a. the wastes meet the applicable treatment standards specified in this Chapter;b. persons have been granted an exemption from a prohibition pursuant to a petition under LAC 33:V.2241, with respect to those wastes and units covered by the petition;c. the wastes meet the applicable alternate treatment standards established pursuant to a petition granted under LAC 33:V.2231; ord. persons have been granted an extension to the effective date of a prohibition pursuant to LAC 33:V.2239, with respect to these wastes covered by the extension.7. To determine whether a hazardous waste identified in this Section exceeds the applicable treatment standards specified in LAC 33:V.2223, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable treatment levels, the waste is prohibited from land disposal and all requirements of this Chapter are applicable, except as otherwise specified.La. Admin. Code tit. 33, § V-2221
Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 15:378 (May 1989), amended LR 17:658 (July 1991), LR 21:266 (March 1995), LR 22:22 (January 1996), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:667 (April 1998), LR 24:1725 (September 1998), LR 25:444 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:280 (February 2000), Amended by the Office of the Secretary, Legal Division, LR 431143 (6/1/2017).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.