Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 10 - Generators of Hazardous Waste › Subchapter A - General › Section V-1013 - Conditions for Exemption for Small Quantity Generators

Current through Register Vol. 50, No. 6, June 20, 2024
A. A small quantity generator may accumulate
					 hazardous waste on-site without a permit or interim status, and without
					 complying with the requirements of LAC 33:V.Subpart 1, provided that all the
					 conditions for exemption listed in this Section are met.
B. Generation. The generator generates in a
					 calendar month no more than the amounts specified in the definition of small
					 quantity generator in LAC 33:V.109.
C. Accumulation. The generator accumulates
					 hazardous waste on-site for no more than 180 days, unless in compliance with
					 the conditions for exemption for longer accumulation in Subsections E and F of
					 this Section. The following accumulation conditions also apply:
1. Accumulation Limit. The quantity of
					 hazardous waste accumulated on-site never exceeds 6,000 kilograms (13,200
					 lbs.).
2. Accumulation of Hazardous
					 Waste in Containers
a. Condition of
					 Containers. If a container holding hazardous waste is not in good condition, or
					 if it begins to leak, the small quantity generator shall immediately transfer
					 the hazardous waste from this container to a container that is in good
					 condition, or immediately manage the waste in some other way that complies with
					 the conditions for exemption of this Section.
b. Compatibility of Waste with Container. The
					 small quantity generator shall use a container made of or lined with materials
					 that will not react with, and are otherwise compatible with, the hazardous
					 waste to be accumulated, so that the ability of the container to contain the
					 waste is not impaired.
c.
					 Management of Containers
i. A container
					 holding hazardous waste shall always be closed during accumulation, except when
					 it is necessary to add or remove waste.
ii. A container holding hazardous waste shall
					 not be opened, handled, or accumulated in a manner that may rupture the
					 container or cause it to leak.
d. Inspections. At least weekly, the small
					 quantity generator shall inspect central accumulation areas. The small quantity
					 generator shall look for leaking containers and for deterioration of containers
					 caused by corrosion or other factors. See Subparagraph C.2.a of this Section
					 for remedial action required if deterioration or leaks are detected.
e. Special Conditions for Accumulation of
					 Incompatible Wastes
i. Incompatible wastes, or
					 incompatible wastes and materials (see LAC 33:V.199.Appendix B for examples),
					 shall not be placed in the same container, unless the generator complies with
					 LAC 33:V.1517.B.
ii. Hazardous
					 waste shall not be placed in an unwashed container that previously held an
					 incompatible waste or material (see LAC 33:V.199.Appendix B for examples),
					 unless the generator complies with LAC 33:V.1517.B.
iii. A container accumulating hazardous waste
					 that is incompatible with any waste or other materials accumulated or stored
					 nearby in other containers, piles, open tanks, or surface impoundments shall be
					 separated from the other materials or protected from them by means of a dike,
					 berm, wall, or other device.
3. Accumulation of Hazardous Waste in Tanks
a. A small quantity generator of hazardous
					 waste shall comply with the following operating conditions.
i. Treatment or accumulation of hazardous
					 waste in tanks shall comply with LAC 33:V.1517.B.
ii. Hazardous waste or treatment reagents
					 shall not be placed in a tank if they could cause the tank or its inner liner
					 to rupture, leak, corrode, or otherwise fail before the end of its intended
					 life.
iii. Uncovered tanks shall be
					 operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the
					 tank is equipped with a containment structure (e.g., dike or trench), a
					 drainage control system, or a diversion structure (e.g., standby tank) with a
					 capacity that equals or exceeds the volume of the top 60 centimeters (2 feet)
					 of the tank.
iv. Where hazardous
					 waste is continuously fed into a tank, the tank shall be equipped with a means
					 to stop this inflow (e.g., waste feed cutoff system or by-pass system to a
					 standby tank).
b. Except
					 as noted in Subparagraph C.3.C of this Section, a small quantity generator that
					 accumulates hazardous waste in tanks shall inspect, where present:
i. discharge control equipment (e.g., waste
					 feed cutoff systems, bypass systems, and drainage systems) at least once each
					 operating day, to ensure that it is in good working order;
ii. data gathered from the monitoring
					 equipment (e.g., pressure and temperature gauges) at least once each operating
					 day to ensure that the tank is being operated according to its
					 design;
iii. the level of waste in
					 the tank at least once each operating day to ensure compliance with Clause
					 C.3.a.iii of this Section;
iv. the
					 construction materials of the tank at least weekly to detect corrosion or
					 leaking of fixtures or seams; and
v. the construction materials of, and the
					 area immediately surrounding, discharge confinement (e.g., dikes) at least
					 weekly to detect erosion or obvious signs of leakage (e.g., wet spots or dead
					 vegetation). The generator shall remedy any deterioration or malfunction of
					 equipment or structures, which the inspection reveals on a schedule, which
					 ensures that the problem does not lead to an environmental or human health
					 hazard. Where a hazard is imminent or has already occurred, remedial action
					 shall be taken immediately.
c. A small quantity generator accumulating
					 hazardous waste in tanks or tank systems that have full secondary containment
					 and that either use leak detection equipment to alert personnel to leaks, or
					 implement established workplace practices to ensure leaks are properly
					 identified, shall inspect at least weekly, where applicable, the areas
					 identified in Clauses C.3.b.i-v of this Section. Use of the alternate
					 inspection schedule shall be documented in the generator's operating record.
					 This documentation shall include a description of the established workplace
					 practices at the generator.
d. A
					 small quantity generator accumulating hazardous waste in tanks shall, upon
					 closure of the facility, remove all hazardous waste from tanks, discharge
					 control equipment, and discharge confinement structures. At closure, as
					 throughout the operating period, unless the small quantity generator can
					 demonstrate, in accordance with LAC 33:V.109.Hazardous Waste.4 or 5, that any
					 solid waste removed from its tank is not a hazardous waste, then it shall
					 manage such waste in accordance with all applicable provisions of LAC
					 33:V.Chapters 10, 11, 13, 22, and 43.
e. A small quantity generator shall comply
					 with the following special conditions for accumulation of ignitable or reactive
					 waste.
i. Ignitable or reactive waste shall
					 not be placed in a tank, unless:
(a), the
					 waste is treated, rendered, or mixed before or immediately after placement in a
					 tank so that the resulting waste, mixture, or dissolution of material no longer
					 meets the definition of ignitable or reactive waste under LAC 33:V.4903.B or D
					 and LAC 33:V.1517.B is complied with;
(b). the waste is accumulated or treated in
					 such a way that it is protected from any material or conditions that may cause
					 the waste to ignite or react; or
(c). the tank is used solely for emergencies,
ii. A small quantity
					 generator which treats or accumulates ignitable or reactive waste in covered
					 tanks shall comply with the buffer zone requirements for tanks contained in
					 Tables 2-1 through 2-6 of the 1977 or 1981 National Fire Protection
					 Association's "Flammable and Combustible Liquids Code" (incorporated by
					 reference in LAC 33:V.110).
iii. A
					 small quantity generator shall comply with the following special conditions for
					 incompatible wastes.
(a). Incompatible
					 wastes, or incompatible wastes and materials (see LAC 33:V.199.Appendix B for
					 examples), shall not be placed in the same tank, unless the generator complies
					 with LAC 33:V.1517.B.
(b).
					 Hazardous waste shall not be placed in an unwashed tank that previously held an
					 incompatible waste or material, unless the generator complies with LAC
					 33:V.1517.B.
f. A small quantity generator accumulating
					 hazardous waste in tanks shall use inventory logs, monitoring equipment or
					 other records in accordance with LAC 33:V.1909.D or E to demonstrate that
					 hazardous waste has been emptied within 180 days of first entering the tank if
					 using a batch process, or in the case of a tank with a continuous flow process,
					 demonstrate that estimated volumes of hazardous waste entering the tank daily
					 exit the tank within 180 days of first entering.
g. A small quantity generator accumulating
					 hazardous waste in tanks shall keep inventory logs or records documenting the
					 generator's compliance with LAC 33:V.1909.D or E on-site and readily available
					 for inspection.
4.
					 Accumulation of Hazardous Waste on Drip Pads. If the waste is placed on drip
					 pads, the small quantity generator shall:
a.
					 comply with LAC 33:V.2801, 2803, 2804, 2805, 2807, and 2809;
b. remove all wastes from the drip pad at
					 least once every 90 days (Any hazardous wastes that are removed from the drip
					 pad at least once every 90 days are then subject to the 180-day accumulation
					 limit in Subsection C of this Section and LAC 33:V.1011 if hazardous waste is
					 being managed in satellite accumulation areas prior to being moved to the
					 central accumulation area.); and
c.
					 maintain on-site at the facility the following records readily available for
					 inspection:
i. a written description of
					 procedures that are followed to ensure that all wastes are removed from the
					 drip pad and associated collection system at least every 90 days; and
ii. documentation of each waste removal,
					 including the quantity of waste removed from the drip pad and the sump or
					 collection system, and the date and time of the removal.
5. Accumulation of Hazardous Waste
					 in Containment Buildings. If the wastes is placed in containment buildings, the
					 small quantity generator shall:
a. comply with
					 LAC 33:V.Chapter 43. Subchapter T;
b. label its containment building with the
					 words "Hazardous Waste" in a conspicuous place easily visible to employees,
					 visitors, emergency responders, waste handlers, or other persons
					 on-site;
c. provide an indication
					 of the hazards of the contents in a conspicuous place (examples include, but
					 are not limited to, the applicable hazardous waste characteristic(s) (i.e.,
					 ignitable, corrosive, reactive, toxic); hazardous communication consistent with
					 the U.S. Department of Transportation requirements in   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 in 29 CRF 1910.1200; or a chemical hazard label
					 consistent with the National Fire Protection Association Code 704);
d. maintain the following records on-site and
					 made readily available for inspection:
i. the
					 professional engineer certification that the building complies with the design
					 standards specified in LAC 33:V.4703 (This certification shall be in the
					 generator's files prior to operation of the unit.); and
ii. inventory logs or other records (i.e.,
					 monitoring equipment or any other effective means) with the following
					 information:
(a), a written description of
					 procedures to ensure that each waste volume remains in the unit for no more
					 than 90 days, a written description of the waste generation and management
					 practices for the facility showing that the generator is consistent with
					 maintaining the 90-day limit, and documentation that the procedures are
					 complied with; or
(b).
					 documentation that the unit is emptied at least once every 90 days.
6. Labeling
					 and Marking of Containers and Tanks
a. A small
					 quantity generator shall mark or label its containers and tanks accumulating
					 hazardous waste with:
i. the words "Hazardous
					 Waste"; and
ii. 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 in 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 Communication Standard in
					 29 CFR
					 1910.1200; or a chemical hazard label
					 consistent with the National Fire Protection Association Code 704).
b. In addition to Clauses 6.a.i
					 and ii above, each container shall be marked or labelled with the date upon
					 which each period of accumulation begins. The date shall be clearly visible for
					 inspection on each container.
7. Land Disposal Restrictions. A small
					 quantity generator shall comply with all the applicable requirements mLAC
					 33:V.Chapter 22.
8. Preparedness
					 and Prevention
a. Maintenance and Operation
					 of Facility. A small quantity generator shall maintain and operate its facility
					 to minimize the possibility of a fire, explosion, or any unplanned sudden or
					 nonsudden release of hazardous waste or hazardous waste constituents to air,
					 soil, or surface water, which could threaten human health or the
					 environment.
b. Required Equipment.
					 All areas where hazardous waste is either generated or accumulated shall be
					 equipped with the items in Clauses 1013.C.b.i-iv of this Section, unless none
					 of the hazards posed by waste handled at the facility could require a
					 particular kind of equipment specified below or the actual waste generation or
					 accumulation area does not lend itself for safety reasons to have a particular
					 kind of equipment specified below. A small quantity generator may determine the
					 most appropriate locations to locate equipment necessary to prepare for and
					 respond to emergencies. The required equipment consists of:
i. an internal communications or alarm system
					 capable of providing immediate emergency instruction (voice or signal) to
					 facility personnel;
ii. a device
					 (i.e., a telephone) immediately available at the scene of operations, or a
					 hand-held two-way radio, capable of summoning emergency assistance from local
					 police departments, fire departments, or state or local emergency response
					 teams;
iii. portable fire
					 extinguishers, fire control equipment, including special extinguishing
					 equipment, such as that using foam, inert gas, or dry chemicals, spill control
					 equipment, and decontamination equipment; and
iv. water at adequate volume and pressure to
					 supply water hose streams, or foam producing equipment, or automatic
					 sprinklers, or water spray systems.
c. Testing and Maintenance of Equipment. All
					 communications or alarm systems, fire protection equipment, spill control
					 equipment, and decontamination equipment, where required, shall be tested and
					 maintained as necessary to ensure its proper operation in time of
					 emergency.
d. Access to
					 Communications or Alarm System
i. Whenever
					 hazardous waste is being poured, mixed, spread, or otherwise handled, all
					 personnel involved in the operation shall have immediate access (e.g., direct
					 or unimpeded access) to an internal alarm or emergency communication device,
					 either directly or through visual or voice contact with another employee,
					 unless such a device is not required under Subparagraph C.8.b of this
					 Section.
ii. In the event there is
					 just one employee on the premises while the facility is operating, the employee
					 shall have immediate access (e.g., direct or unimpeded access) to a device,
					 such as a telephone (immediately available at the scene of operation) or a
					 hand-held two-way radio, capable of summoning external emergency assistance,
					 unless such a device is not required under Subparagraph C.8.b of this
					 Section.
e. Required
					 Aisle Space. The small quantity generator shall maintain aisle space to allow
					 the unobstructed movement of personnel, fire protection equipment, spill
					 control equipment, and decontamination equipment to any area of facility
					 operation in an emergency, unless aisle space is not needed for any of these
					 purposes.
f. Arrangements with
					 Local Authorities
i. The small quantity
					 generator shall attempt to make arrangements with the local police department,
					 fire department, other emergency response teams, emergency response
					 contractors, equipment suppliers and local hospitals, taking into account the
					 types and quantities of hazardous waste handled at the facility. Arrangements
					 may be made with the local emergency planning committee, if it is determined to
					 be the appropriate organization with which to make arrangements.
(a). A small quantity generator attempting to
					 make arrangements with its local fire department shall determine the potential
					 need for the services of the local police department, other emergency response
					 teams, emergency response contractors, equipment suppliers and local
					 hospitals.
(b). As part of this
					 coordination, the small quantity generator shall attempt to make arrangements,
					 as necessary, to familiarize the above organizations with the layout of the
					 facility, the properties of hazardous waste handled at the facility and
					 associated hazards, places where facility personnel would normally be working,
					 entrances to roads inside the facility, and possible evacuation routes as well
					 as the types of injuries or illnesses that could result from fires, explosions,
					 or releases at the facility.
(c).
					 Where more than one police or fire department might respond to an emergency,
					 the small quantity generator shall attempt to make arrangements designating
					 primary emergency authority to a specific fire or police department, and
					 arrangements with any others to provide support to the primary emergency
					 authority.
ii. A small
					 quantity generator shall maintain records documenting the arrangements with the
					 local fire department as well as any other organization necessary to respond to
					 an emergency. This documentation shall include documentation in the operating
					 record that either confirms such arrangements actively exist or in cases where
					 no arrangements exist, confirms that attempts to make such arrangements were
					 made.
iii. A facility possessing
					 24-hour response capabilities may seek a waiver from the authority having
					 jurisdiction (AHJ) over the fire code at the facility's location (i.e., state
					 fire marshal or district fire chief) as far as needing to make arrangements
					 with the local fire department as well as any other organization necessary to
					 respond to an emergency, provided the waiver is documented in the operating
					 record.
9.
					 Emergency Procedures. The small quantity generator shall comply with the
					 following conditions for those areas of the generator facility where hazardous
					 waste is generated and accumulated.
a. At all
					 times there shall be at least one employee either on the premises or on call
					 (i.e., available to respond to an emergency by reaching the facility within a
					 short period of time) with the responsibility for coordinating all emergency
					 response measures specified in Subparagraph C.9.d of this Section. This
					 employee is the emergency coordinator.
b. The small quantity generator shall post
					 the following information next to telephones or in areas directly involved in
					 the generation and accumulation of hazardous waste:
i. the name and emergency telephone number of
					 the emergency coordinator;
ii.
					 location of fire extinguishers and spill control material, and if present, fire
					 alarm; and
iii. the telephone
					 number of the fire department, unless the facility has a direct
					 alarm.
c. The small
					 quantity generator shall ensure that all employees are thoroughly familiar with
					 proper waste handling and emergency procedures, relevant to their
					 responsibilities during normal facility operations and emergencies.
d. The emergency coordinator or his designee
					 shall respond to any emergencies that arise. The applicable responses are as
					 follows.
i. In the event of a fire, the small
					 quantity generator shall call the fire department or attempt to extinguish it
					 using a fire extinguisher.
ii. In
					 the event of a spill, the small quantity generator is responsible for
					 containing the flow of hazardous waste to the extent possible, and as soon as
					 is practicable, cleaning up the hazardous waste and any contaminated materials
					 or soil. Such containment and cleanup can be conducted either by the small
					 quantity generator or by a contractor on behalf of the small quantity
					 generator, iii. Immediate Emergency Notification
(a). Notification to the Louisiana State
					 Police, Department of Public Safety
(i). In
					 the event of a fire, explosion, or other release that could threaten human
					 health outside the facility or when the small quantity generator has knowledge
					 that a spill has reached surface water, the small quantity generator shall
					 immediately, but in no case later than one hour, notify the 24-hour Louisiana
					 Emergency Hazardous Materials Hotline by calling 1-877-922-6595 or
					 225-925-6595. This notification to the Louisiana State Police, Department of
					 Public Safely shall be in accordance with LAC 33:1.Chapter 39 and shall include
					 the following information:
[a]. the name and
					 telephone number, and employer of the contact person;
[b]. the company or responsible party's
					 name;
[c]. where the incident
					 occurred (mailing address and physical location);
[d]. date and time the incident began and
					 ended;
[e]. the identity of the
					 hazardous material released or involved (this would include proper chemical
					 name if available, an indication of whether it is an extremely hazardous
					 substance and whether it is a solid, liquid or gas);
[f]. the actual amount or an estimate of the
					 amount released; or in the absence of quantity data for the hazardous materials
					 released, one of the following incident classifications: unusual event, site
					 emergency, or general emergency;
[g]. whether the material released escaped or
					 could reasonably be expected to escape, beyond the site of the
					 facility;
[h]. if available, the
					 substance's hazard class and any other identifier (e.g., U.N. number, CHRIS
					 code, etc.);
[i]. medium into which
					 the hazardous materials was released (e.g., air, water, land);
[j]. whether the release resulted in a fire
					 or explosion;
[k]. injury to
					 personnel, or a fatality resulting from the release or incident;
[l]. details regarding wind direction, wind
					 speed, temperature, and precipitation;
[m]. any need or a recommendation for, an
					 offsite protective action (road closure, shelter-in-place, evacuation, or
					 none);
[n]. details of the release
					 or incident; and
[o]. whether other
					 responsible state and local agencies such as the local emergency planning
					 committee have been notified.
(ii). Updates During the Incident. The
					 hotline must be immediately notified of any adverse change in the nature or
					 rate of the discharge. Additional notifications must be made for discharges of
					 multiple constituents when they originate from different causes or sources or
					 they are substantially different in nature from the discharges in the initial
					 notification.
(iii). Written
					 Follow-Up Reports. Written follow-up reports for any unauthorized discharge
					 that requires notification shall be submitted by the small quantity generator
					 to SPOC in accordance with LAC 33:1.3925 and the Louisiana State Police,
					 Department of Public Safety in accordance with LAC 33.V.Subpart
					 2.10111.
(b). Emergency
					 Notifications to Other Regulatory Agencies. The small quantity generator should
					 be aware that other federal, state and local agencies may require immediate
					 and/or follow-up notification of an emergency situation under other regulatory
					 authorities, including, but not limited to, the following:
(i). the National Response Center by calling
					 their 24-hour toll free number 1-800-424-8802, to the extent that immediate
					 notification is required under
					 40 CFR
					 302.6 (exceedance of reportable quantities)
					 or
					 40 CFR
					 110.6 (oil spills); and/or
(ii). the appropriate local emergency
					 planning committee having jurisdiction over the facility to the extent that
					 immediate notification is required under  40 CFR part 355, Subpart C or LAC
					 33:V.Subpart 2.Chapter 101. (Contact information for each local emergency
					 planning committee is available on the Louisiana State Police, Department of
					 Public Safety's website.)