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-1009 - Conditions for Exemption for Very Small Quantity Generators

Current through Register Vol. 50, No. 6, June 20, 2024
A. Provided that the very small quantity
					 generator meets all the conditions for exemption listed in this Section,
					 hazardous waste generated by the very small quantity generator is not subject
					 to the requirements of LAC 33:V.Subpart 1 (except LAC 33:V.1003-1009) and the
					 very small quantity generator may accumulate hazardous waste on-site without
					 complying with such requirements. The conditions for exemption are included in
					 Paragraphs 1-7 below.
1. In a calendar month,
					 the very small quantity generator shall generate less than or equal to the
					 amounts specified in the definition of very small quantity generator in LAC
					 33:V.109.
2. The very small
					 quantity generator shall comply with LAC 33:V.1005.A-E.
3. If the very small quantity generator
					 accumulated at any time greater than 1 kilogram (2.2 lbs.) of acute hazardous
					 waste or 100 kilograms (220 lbs.) of any residue or contaminated soil, water,
					 or other debris resulting from the cleanup of a spill into or on any land or
					 water of any acute hazardous waste listed in LAC 33:V.4901.B or E, all
					 quantities of that acute hazardous waste are subject to the following
					 additional conditions for exemption:
a. such
					 waste is held on-site for no more than 90 days beginning on the date when the
					 accumulated wastes exceed the amounts provided above; and
b. the conditions for exemption in LAC
					 33:V.1015.
4. If the
					 very small quantity generator accumulates at any time 1,000 kilograms (2,200
					 lbs.) or greater of nonacute hazardous waste, all quantities of that hazardous
					 waste are subject to the following additional conditions for exemption:
a. such waste is held on-site for no more
					 than 180 days, or 270 days, if applicable, beginning on the date when the
					 accumulated waste exceed the amounts provided above;
b. the quantity of waste accumulated on-site
					 never exceeds 6,000 kilograms (13,200 lbs.); and
c. the conditions for exemption in LAC
					 33:V.1013.C.2-G.
5. A
					 very small quantity generator that accumulates hazardous waste in amounts less
					 than or equal to the limits in Paragraphs A.3 and 4 of this Section shall
					 either treat or dispose of its hazardous waste in an on-site facility or ensure
					 delivery to an off-site treatment, storage, or disposal facility, either of
					 which, if located in the U.S., is:
a.
					 permitted under  40 CFR 270, LAC 33:V.Subpart 1, or a RCRA approved hazardous
					 waste program of any other state;
b. in interim status under  40 CFR 265 and
					 270, LAC 33:V.Subpart 1, or a RCRA approved hazardous waste program of any
					 other state;
c. authorized to
					 manage hazardous waste by a state with a hazardous waste management program
					 approved under  40 CFR 271 ;
d.
					 permitted, licensed, or registered by a state to manage municipal solid waste
					 and, if managed in a municipal solid waste landfill is subject to  40 CFR 258, 	 LAC 33:VII.Subpart l;
e. permitted,
					 licensed, or registered by a state to manage non-municipal non-hazardous waste
					 and, if managed in a non-municipal non-hazardous waste disposal unit, is
					 subject to the requirements in  40 CFR 257.5-30, LAC 33:VII.Subpart l;
					 or
f. a facility which:
i. beneficially uses or reuses, or
					 legitimately recycles or reclaims its waste; or
ii. treats its waste prior to beneficial use
					 or reuse, or legitimate recycling or reclamation;
g. for universal waste managed under LAC
					 33:V.Chapter 38, a universal waste handler or destination facility subject to
					 the requirements of  40 CFR 273  or LAC 33:V.Chapter 38;
h. a large quantity generator under the
					 control of the same person as the very small quantity generator, provided the
					 following conditions are met:
i. the very
					 small quantity generator and the large quantity generator are under the control
					 of the same
person
as defined in LAC 33:V.109. Control for the
					 purpose of this Section, means the power to direct the policies of the
					 generator, whether by the ownership of stock, voting rights, or otherwise,
					 except that contractors who operate generator facilities on behalf of a
					 different person as defined in LAC 33:V.109 shall not be deemed to control such
					 generators;
ii. the very small
					 quantity generator marks its container(s) of hazardous waste with:
(a). the words "Hazardous Waste";
					 and
(b). 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 at  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 at
					 29 CFR
					 1910.1200; or a chemical hazard label
					 consistent with the National Fire Protection Association Code 704).
6. A
					 container holding hazardous waste shall be closed at all times during
					 accumulation, except when:
a. adding,
					 removing, or consolidating the hazardous waste; or
b. temporary venting of a container is
					 necessary:
i. for the proper operation of
					 equipment; or
ii. to prevent a
					 dangerous situation, such as buildup of extreme pressure.
7. A very small quantity generator
					 shall label or mark each container accumulating hazardous waste with the words
					 "Hazardous Waste" or with other words that identify the contents of the
					 container.