Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 22 - Prohibitions on Land Disposal › Subchapter A - Land Disposal Restrictions › Section V-2245 - Generators' Waste Analysis, Recordkeeping, and Notice Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requirements for
					 Generators. A generator of hazardous waste must determine if the waste has to
					 be treated before it can be land disposed. This is done by determining if the
					 hazardous waste meets the treatment standards in LAC 33:V.2223, 2230, or 2236.
					 This determination can be made concurrently with the hazardous waste
					 determination required in LAC 33:V.1005 in either of two ways: testing the
					 waste or using knowledge of the waste. If the generator tests the waste,
					 testing would normally determine the total concentration of hazardous
					 constituents, or the concentration of hazardous constituents in an extract of
					 the waste obtained using Test Method 1311 in
Test Methods for
					 Evaluating Solid Waste, Physical/Chemical Methods,
EPA Publication
					 SW-846, as incorporated by reference in LAC 33:V.110, depending on whether the
					 treatment standard for the waste is expressed as a total concentration or
					 concentration of hazardous constituent in the waste's extract. Alternatively,
					 the generator must send the waste to a RCRA-permitted hazardous waste treatment
					 facility, where the waste treatment facility must comply with the requirements
					 of LAC 33:V.1519 and 2247.A. In addition, some hazardous wastes must be treated
					 by particular treatment methods before they can be land disposed, and some
					 soils are contaminated by such hazardous wastes. These treatment standards are
					 also found in LAC 33:V.2223, and are described in detail in LAC
					 33:V.2299.Appendix, Table 3. These wastes, and soils contaminated with such
					 wastes, do not need to be tested (however, if they are in a waste mixture,
					 other wastes with concentration level treatment standards would have to be
					 tested). If a generator determines they are managing a waste, or soil
					 contaminated with a waste, that displays a hazardous characteristic of
					 ignitability, corrosivity, reactivity, or toxicity, they must comply with the
					 special requirements of LAC 33:V.2246 in addition to any applicable
					 requirements in this Section.
B. If
					 the waste or contaminated soil does not meet the treatment standards, or if the
					 generator chooses not to make the determination of whether his waste must be
					 treated, with the initial shipment of waste to each treatment or storage
					 facility, the generator must send a one-time written notice to each treatment
					 or storage facility receiving the waste and place a copy in the file. The
					 notice must include the information in column "LAC 33:V.2245.B" of the
					 Generator Paperwork Requirements Table in Subsection D of this Section.
					 Alternatively, if the generator chooses not to make the determination of
					 whether the waste must be treated, the notification must include the EPA
					 hazardous waste numbers and manifest number of the first shipment and must
					 state, "This hazardous waste may or may not be subject to the LDR treatment
					 standards. The treatment facility must make the determination." No further
					 notification is necessary until such time as the waste or facility changes, in
					 which case a new notification must be sent and a copy placed in the generator's
					 file.
1. For contaminated soil, the following
					 certification statement should be included, signed by an authorized
					 representative.
"I certify under penalty of law that I personally have
						examined this contaminated soil and it [does/does not] contain listed hazardous
						waste and [does/does not] exhibit a characteristic of hazardous waste and
						requires treatment to meet the soil treatment standards as provided by LAC
						33:V.2236.C."