La. Admin. Code tit. 33 § V-4105

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

Section V-4105 - Requirements for Recyclable Material

A. Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities in Subsections B-E of this Section, except for the materials listed in Paragraphs A.1 and 2 of this Section. Hazardous wastes that are recycled will be known as recyclable materials.

1. The following recyclable materials are not subject to regulation under LAC 33:V.Subpart 1, and are not subject to the notification requirements of LAC 33:V.105 or Section 3010 of RCRA:

a. industrial ethyl alcohol that is reclaimed, except that, unless otherwise provided in an international agreement as specified in LAC 33:V.1113.I:

i. a person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, shall comply with the requirements applicable to a primary exporter in LAC 33:V.1113.D, G, and H, export such materials only upon consent of the receiving country and in conformance with the Louisiana State Acknowledgment of Consent as defined in LAC 33:V.1113, and provide a copy of the Louisiana State Acknowledgment of Consent to the shipment to the transporter transporting the shipment for export;

ii. a transporter transporting a shipment for export shall not accept a shipment if he knows the shipment does not conform to the Louisiana State Acknowledgment of Consent, shall ensure that a copy of the Louisiana State Acknowledgment of Consent accompanies the shipment, and shall ensure that it is delivered to the facility designated by the person initiating the shipment;

b. scrap metal that is not excluded under LAC 33:V.105.D.1.m;

c. fuels produced from the refining of oil-bearing hazardous wastes along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under LAC 33:V.105.D.1.l);

d. the following recyclable materials:

i. hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil as long as the resulting fuel meets the used oil specification under LAC 33:V.4005 and as long as no other hazardous wastes are used to produce the hazardous waste fuel;

ii. hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining, production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, as long as the fuel meets the used oil fuel specification under LAC 33:V.4005; and

iii. oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, as long as the reclaimed oil meets the used oil fuel specification under LAC 33:V.4005.

2. The following recyclable materials are not subject to the requirements of this Section but are regulated under LAC 33:V.4139, 4141, 4143, and 4145, and all applicable provisions as provided in LAC 33:V.Chapters 1, 3, 5, 7, 22, 27, 31, 42, and 43:

a. recyclable materials used in a manner constituting disposal;

b. hazardous wastes burned, as defined in LAC 33:V.3001.A, in boilers and industrial furnaces that are not regulated under LAC 33:V.Chapter 31 or 43.Subchapter N;

c. recyclable materials from which precious metals are reclaimed; and

d. spent lead-acid batteries that are being reclaimed.

3. Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements of LAC 33:V.Subpart 1, but is regulated under LAC 33:V.Chapter 40. Used oil that is recycled includes any used oil that is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). The term includes, but is not limited to, oil that is re-refined, reclaimed, burned for energy recovery, or reprocessed.

4. Hazardous waste that is exported to or imported from designated member countries of the Organization for Economic Cooperation and Development (OECD) (as defined in LAC 33:V.1113.I.1.a) for the purpose of recovery is subject to the requirements of LAC 33:V.Chapter 11.Subchapter B, if it is subject to either the manifesting requirements of LAC 33:V.Chapter 11 or to the universal waste management standards of LAC 33:V.Chapter 38.

B. Generators and transporters of recyclable materials are subject to the applicable requirements of LAC 33:V.Chapters 10, 11 and 13 and the notification requirements of LAC 33:V.105, except as provided in Paragraph A.1 of this Section.

C. Owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of LAC 33:V.Chapters 3, 5, 10, 11, 15, 19, 21, 22, 23, 29, 33, 35, and 37, and Chapter 43.Subchapters A-K; and the notification requirements of LAC 33:V.105.A, except as provided in Subsection A of this Section. The recycling process itself is exempt from regulation, except as provided in Subsection E of this Section.

D. Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in Subsection A of this Section:

1. notification requirements of LAC 33:V.105.A;

2. LAC 33:V.1516.B and C, dealing with the use of manifest and manifest discrepancies;

3. Subsection E of this Section; and

4. LAC 33:V.1529.D (Annual Report).

E. Owners or operators subject to LAC 33:V.Subpart 1 permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of LAC 33:V.Chapter 17 and Chapter 43.Subchapters Q-R.

La. Admin. Code tit. 33, § V-4105

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 11:988 (October 1985), amended LR 11:1139 (December 1985), LR 12:319 (May 1986), LR 13:84 (February 1987), LR 13:433 (August 1987), LR 16:219 (March 1990), LR 17:362 (April 1991), repromulgated LR 18:1256 (November 1992), amended LR 18:1375 (December 1992), LR 20:1000 (September 1994), LR 21:266 (March 1995), LR 22:837 (September 1996), LR 23:579 (May 1997), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:685 (April 1998), LR 24:1108 (June 1998), LR 24:1742 (September 1998), LR 25:482 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 27:713 (May 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 32:608 (April 2006), LR 38:779 (March 2012), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 4442 (1/1/2018), Amended by LR 46945 (7/1/2020).

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