Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 49 - Lists of Hazardous Wastes › Section V-4907 - Criteria for Listing Hazardous Waste

Current through Register Vol. 50, No. 6, June 20, 2024
A. The administrative authority shall list a
				  solid waste as a hazardous waste upon determining that the solid waste meets
				  one of the following criteria.
1. It exhibits
				  any of the characteristics of hazardous waste identified in LAC
				  33:V.4903.
2. It has been found to
				  be fatal to humans in low doses or, in the absence of data on human toxicity,
				  it has been shown in studies to have an oral LD 50 toxicity (rat) of less than
				  50 milligrams per kilogram, an inhalation LC 50 toxicity (rat) of less than 2
				  milligrams per liter, or a dermal LD 50 toxicity (rabbit) of less than 200
				  milligrams per kilogram or is otherwise capable of causing or significantly
				  contributing to an increase in serious irreversible, or incapacitating
				  reversible, illness. (Waste listed in accordance with these criteria will be
				  designated Acute or Acutely Hazardous Waste.)
3. It contains any of the toxic constituents
				  listed in LAC 33:V.3105, Table 1, and after considering the following factors,
				  the administrative authority concludes that the waste is capable of posing a
				  substantial present or potential hazard to human health or the environment when
				  improperly treated, stored, transported, or disposed of, or otherwise managed:
a. the nature of the toxicity presented by
				  the constituent;
b. the
				  concentration of the constituent in the waste;
c. the potential of the constituent or any
				  toxic degradation product of the constituent to migrate from the waste into the
				  environment under the types of improper management considered in LAC
				  33:V.4907.A.3.g;
d. the persistence
				  of the constituent or any toxic degradation product of the
				  constituent;
e. the potential for
				  the constituent or any toxic degradation product of the constituent to degrade
				  into nonharmful constituents and the rate of degradation;
f. the degree to which the constituent or any
				  degradation product of the constituent bioaccumulates in ecosystems;
g. the plausible types of improper management
				  to which the waste could be subjected;
h. the quantities of the waste generated at
				  individual generation sites or on a regional or national basis;
i. the nature and severity of the human
				  health and environmental damage that has occurred as a result of the improper
				  management of wastes containing the constituent;
j. action taken by other governmental
				  agencies or regulatory programs based on the health or environmental hazard
				  posed by the waste or waste constituent; and
k. such other factors as may be appropriate.
Substances will be listed in LAC 33:V.3105, Table 1 only
					 if they have been shown in scientific studies to have toxic, carcinogenic,
					 mutagenic, or teratogenic effects on humans or other life forms. (Wastes listed
					 in accordance with these criteria will be designated "Toxic" wastes.)