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-1005 - Hazardous Waste Determination and Recordkeeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person who generates a solid waste, as
					 defined in LAC 33:V.109, shall determine if that waste is a hazardous waste in
					 order to ensure the wastes are properly managed according to applicable RCRA
					 regulations. A hazardous waste determination is made using the steps in
					 Subsections B-G of this Section.
B.
					 The hazardous waste determination for each solid waste shall be made at the
					 point of waste generation, before any dilution, mixing, or other alteration of
					 the waste occurs, and at any time in the course of its management that it has,
					 or may have, changed its properties as a result of exposure to the environment
					 or other factors that may change the properties of the waste such that the RCRA
					 classification of the waste may change.
C. The generator shall determine if the waste
					 is exempted or excluded from regulation under LAC 33:V.105.D.
D. If the waste is not exempted or excluded
					 under LAC 33:V.105.D, the person shall then use knowledge of the waste to
					 determine whether the waste meets any of the listing descriptions under LAC
					 33:V.Chapter 49. Acceptable knowledge that may be used in making an accurate
					 determination as to whether the waste is listed may include waste origin,
					 composition, process producing the waste, feedstock, and other reliable and
					 relevant information. If the waste is listed, the person may file a delisting
					 petition under LAC 33:V.105.M to demonstrate to the Office of Environmental
					 Services that the waste from this particular site or operation is not a
					 hazardous waste.
E. The person then
					 shall also determine whether the waste exhibits one or more hazardous
					 characteristics as identified in LAC 33:V.4903 by following the procedures in
					 Paragraph E.l or 2 of this Section, or a combination of both.
1. The person shall apply knowledge of the
					 hazard characteristic of the waste in light of the materials or the processes
					 used to generate the waste. Acceptable knowledge may include process knowledge
					 (e.g., information about the chemical feedstocks and other inputs to the
					 production process); knowledge of products, byproducts, and intermediates
					 produced by the manufacturing process; chemical or physical characterization of
					 wastes; information on the chemical and physical properties of the chemicals
					 used or produced by the process or otherwise contained in the waste; testing
					 that illustrates the properties of the waste; or other reliable and relevant
					 information about the properties of the waste or its constituents. A test other
					 than a test method set forth in LAC 33:V.4903, or an equivalent test method
					 approved by the administrative authority under LAC 33:V.105.1, may be used as
					 part of a person's knowledge to determine whether a solid waste exhibits a
					 characteristic of hazardous waste. However, such tests do not, by themselves,
					 provide definitive results. Persons testing their waste shall obtain a
					 representative sample of the waste for testing, as defined at LAC
					 33:V.109.
2. When available
					 knowledge is inadequate to make an accurate determination, the person shall
					 test the waste according to the methods set forth in LAC 33:V.4903, or
					 according to an equivalent method approved by the administrative authority
					 under LAC 33:V.105.1 and in accordance with Subparagraphs a and b below.
a. Persons testing their waste shall obtain a
					 representative sample of the waste for testing as defined at LAC
					 33:V.109.
b. Where a test method is
					 specified in LAC 33:V.4903, the results of the regulatory test, when properly
					 performed, shall be definitive for determining the regulatory status of the
					 waste.