Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 38 - Universal Wastes › Subchapter G - Petition to Include Other Wastes under This Chapter › Section V-3883 - Factors for Petitions to Include Other Wastes under This Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. Factors for
					 petitions to include other waste under this Chapter include:
1. the waste or category of waste, as
					 generated by a wide variety of generators, is listed in LAC 33:V.4901 or (if
					 not listed) a proportion of the waste stream exhibits one or more
					 characteristics of hazardous waste identified in LAC 33:V.4903. When a
					 characteristic waste is added to the universal waste regulations of this
					 Chapter by using a generic name to identify the waste category (e.g.,
					 batteries), the definition of universal waste in LAC 33:V.3813 will be amended
					 to include only the hazardous waste portion of the waste category (e.g.,
					 hazardous waste batteries). Thus, only the portion of the waste stream that
					 does exhibit one or more characteristics (i.e., is hazardous waste) is subject
					 to the universal waste regulations of this Chapter;
2. the waste or category of waste is not
					 exclusive to a specific industry or group of industries and is commonly
					 generated by a wide variety of types of establishments including, for example,
					 households, retail and commercial businesses, office complexes, very small
					 quantity generators, small businesses, and government organizations, as well as
					 large industrial facilities;
3. the
					 waste or category of waste is generated by a large number of generators (e.g.,
					 more than 1,000 nationally) and is frequently generated in relatively small
					 quantities by each generator;
4.
					 systems to be used for collecting the waste or category of waste (including
					 packaging, marking, and labeling practices) would ensure close stewardship of
					 the waste;
5. the risk posed by the
					 waste or category of waste during accumulation and transport is relatively low
					 compared to other hazardous wastes, and specific management standards proposed
					 or referenced by the petitioner (e.g., waste management requirements
					 appropriate to be added to LAC 33:V.3821, 3843, and 3863 and/or applicable
					 Department of Transportation requirements) would be protective of human health
					 and the environment during accumulation and transport;
6. regulation of the waste or category of
					 waste under this Chapter will increase the likelihood that the waste will be
					 diverted from nonhazardous waste management systems (e.g., the municipal waste
					 stream, nonhazardous industrial or commercial waste stream, municipal sewer, or
					 stormwater systems) to recycling, treatment, or disposal in compliance with
					 Subtitle C of RCRA;
7. regulation
					 of the waste or category of waste under this Chapter will improve
					 implementation of and compliance with the hazardous waste regulatory program;
					 and/or
8. such other factors as may
					 be appropriate.