La. Admin. Code tit. 33 § V-2246

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

Section V-2246 - Special Rules Regarding Wastes That Exhibit a Characteristic

A. The initial generator of a solid waste must determine each EPA Hazardous Waste Number (waste code) applicable to the waste in order to determine the applicable treatment standards under this Chapter. This determination may be made concurrently with the hazardous waste determination required in LAC 33:V.1005. For purposes of this Chapter, the waste will carry the waste code for any applicable listing under LAC 33:V.4901. In addition, where the waste exhibits a characteristic, the waste will carry one or more of the characteristic waste codes (LAC 33:V.4903), except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in Subsection B of this Section. If the generator determines that his waste displays a hazardous characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, or POLYM of LAC 33 :V.2299.Appendix, Table 3), the generator must determine the underlying hazardous constituents (as defined in LAC 33:V.2203.A), in the characteristic waste.

B. Where a prohibited waste is both listed under LAC 33:V.4901 and exhibits a characteristic under LAC 33:V.4903, the treatment standard for the waste code listed in LAC 33:V.4901 will operate in lieu of the standard for the waste code under LAC 33:V.4903, provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the waste must meet the treatment standards for all applicable listed and characteristic waste codes.

C. In addition to any applicable standards determined from the initial point of generation, no prohibited waste that exhibits a characteristic under LAC 33:V.4903 may be land disposed unless the waste complies with the treatment standards under LAC 33:V.2299.Appendix, Table 2.

D. Wastes that exhibit a characteristic are also subject to the requirements of LAC 33:V.2245, except that once the waste is no longer hazardous, a one-time notification and certification must be placed in the generator's or treater's on-site files. The notification and certification must be updated if the process or operation generating the waste changes and/or if the solid waste disposal facility receiving the waste changes.

1. The notification must include the following information:

a. name and address of the RCRA Subtitle D facility receiving the waste shipment; and

b. a description of the waste as initially generated, including the applicable EPA Hazardous Waste Number(s), treatability group(s), and underlying hazardous constituents (as defined in LAC 33:V.2203), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice.

2. The certification must be signed by an authorized representative and must state the language found in LAC 33:V.2247.C.

3. If treatment removes the characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in LAC 33:V.2247.C.4 applies.

E. Generators or treaters who first claim that hazardous debris is excluded from the definition of hazardous waste under LAC 33:V.109.Hazardous Waste.6 (i.e., debris treated by an extraction or destruction technology provided by LAC 33:V.2299.Appendix, Table 8, and debris that the administrative authority has determined does not contain hazardous waste) are subject to the following notification and certification requirements.

1. A one-time notification, including the following information, must be submitted to the Office of Environmental Services:

a. the name and address of the RCRA Subtitle D facility receiving the treated debris;

b. a description of the hazardous debris as initially generated, including the applicable EPA Hazardous Waste Number(s); and

c. for debris excluded under LAC 33:V.109.Hazardous Waste.6, the technology from LAC 33:V.2299.Appendix, Table 8, used to treat the debris.

2. The notification must be updated if the debris is shipped to a different facility and, for debris excluded under LAC 33:V.109.Hazardous Waste.6, if a different type of debris is treated or if a different technology is used to treat the debris.

3. For debris excluded under LAC 33:V.109. Hazardous Waste.6, the owner or operator of the treatment facility must document and certify compliance with the treatment standards of LAC 33:V.2299.Appendix, Table 8 as follows:

a. records must be kept of all inspections, evaluations, and analyses of treated debris that are made to determine compliance with the treatment standards;

b. records must be kept of any data or information the treater obtains during treatment of the debris that identifies key operating parameters of the treatment unit; and

c. for each shipment of treated debris, a certification of compliance with the treatment standards must be signed by an authorized representative and placed in the facility's files. The certification must state the following.

"I certify under penalty of law that the debris has been treated in accordance with the requirements of LAC 33:V.2299.Appendix, Table 8. I am aware that there are significant penalties for making a false certification, including the possibility of fine and imprisonment."

F. Generators and treaters who first receive from the administrative authority a determination that a given contaminated soil subject to LDRs as provided in LAC 33:V.2236.A no longer contains a listed hazardous waste and generators and treaters who first determine that a contaminated soil subject to LDRs as provided in LAC 33:V.2236.A no longer exhibits a characteristic of hazardous waste must:

1. prepare a one-time only documentation of these determinations including all supporting information; and

2. maintain that information in the facility files and other records for a minimum of three years.

La. Admin. Code tit. 33, § V-2246

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 16:1057 (December 1990), 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 24:669 (April 1998), LR 24:1730 (September 1998), LR 25:449 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:281 (February 2000), LR 26:2478 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2459 (October 2005), LR 33:2109 (October 2007), LR 34:997 (June 2008), LR 34:1897 (September 2008), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46937 (7/1/2020).

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