Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 22 - Prohibitions on Land Disposal › Subchapter A - Land Disposal Restrictions › Section V-2246 - Special Rules Regarding Wastes That Exhibit a Characteristic

Current through Register Vol. 50, No. 6, June 20, 2024
A. The initial generator of a solid waste
					 must determine each EPA Hazardous Waste Number (waste code) applicable to the
					 waste in order to determine the applicable treatment standards under this
					 Chapter. This determination may be made concurrently with the hazardous waste
					 determination required in LAC 33:V.1005. For purposes of this Chapter, the
					 waste will carry the waste code for any applicable listing under LAC 33:V.4901.
					 In addition, where the waste exhibits a characteristic, the waste will carry
					 one or more of the characteristic waste codes (LAC 33:V.4903), except when the
					 treatment standard for the listed waste operates in lieu of the treatment
					 standard for the characteristic waste, as specified in Subsection B of this
					 Section. If the generator determines that his waste displays a hazardous
					 characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, or
					 POLYM of LAC 33 :V.2299.Appendix, Table 3), the generator must determine the
underlying hazardous constituents
(as defined in LAC
					 33:V.2203.A), in the characteristic waste.
B. Where a prohibited waste is both listed
					 under LAC 33:V.4901 and exhibits a characteristic under LAC 33:V.4903, the
					 treatment standard for the waste code listed in LAC 33:V.4901 will operate in
					 lieu of the standard for the waste code under LAC 33:V.4903, provided that the
					 treatment standard for the listed waste includes a treatment standard for the
					 constituent that causes the waste to exhibit the characteristic. Otherwise, the
					 waste must meet the treatment standards for all applicable listed and
					 characteristic waste codes.
C. In
					 addition to any applicable standards determined from the initial point of
					 generation, no prohibited waste that exhibits a characteristic under LAC
					 33:V.4903 may be land disposed unless the waste complies with the treatment
					 standards under LAC 33:V.2299.Appendix, Table 2.
D. Wastes that exhibit a characteristic are
					 also subject to the requirements of LAC 33:V.2245, except that once the waste
					 is no longer hazardous, a one-time notification and certification must be
					 placed in the generator's or treater's on-site files. The notification and
					 certification must be updated if the process or operation generating the waste
					 changes and/or if the solid waste disposal facility receiving the waste
					 changes.
1. The notification must include the
					 following information:
a. name and address of
					 the RCRA Subtitle D facility receiving the waste shipment; and
b. a description of the waste as initially
					 generated, including the applicable EPA Hazardous Waste Number(s), treatability
					 group(s), and underlying hazardous constituents (as defined in LAC 33:V.2203),
					 unless the waste will be treated and monitored for all underlying hazardous
					 constituents. If all underlying hazardous constituents will be treated and
					 monitored, there is no requirement to list any of the underlying hazardous
					 constituents on the notice.