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-4903 - Category II Hazardous Wastes

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Category II hazardous wastes are wastes designated as hazardous based on
				  classical analytical procedures (see
Test Methods for Evaluating Solid
				  Waste, Physical/Chemical Methods,
EPA Publication SW-846, as
				  incorporated by reference at LAC 33:V.110, for guidance on the procedures).
				  There are four hazardous waste categories for wastes not otherwise
				  characterized: ignitability, corrosivity, reactivity, and toxicity. LAC
				  33:V.Subpart 1 applies to those materials that exhibit the characteristics of
				  ignitability, corrosivity, reactivity, and/or toxicity.
B. Ignitability. A solid waste that exhibits
				  the characteristic of ignitability has the EPA Hazardous Waste Number D001. A
				  solid waste exhibits the characteristic of ignitability if a representative
				  sample of the waste has any of the following properties.
1. It is a liquid, other than an aqueous
				  solution containing less than 24 percent alcohol by volume, and has a flash
				  point less than 60 ° C (140 ° F), as determined by a Pensky-Martens Closed Cup
				  Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80, as
				  incorporated by reference in LAC 33:V.110, or by a Setaflash Closed Cup Tester,
				  using the test method specified in ASTM Standard D 3278-78, as incorporated by
				  reference in LAC 33:V.110.
2. It is
				  not a liquid and is capable, under standard temperature and pressure, of
				  causing fire through friction, absorption of moisture or spontaneous chemical
				  changes and, when ignited, burns so vigorously and persistently that it creates
				  a hazard.
3. It is an ignitable
				  compressed gas.
a. The term
compressed gas
designates any material or mixture having in
				  the container an absolute pressure exceeding 40 p.s.i. at 70°F or, regardless
				  of the pressure at 70°F, having an absolute pressure exceeding 104 p.s.i. at
				  130°F; or any liquid flammable material having a vapor pressure exceeding 40
				  p.s.i. absolute at 100°F as determined by ASTM Test D-323.
b. A compressed gas shall be characterized as
				  ignitable if any one of the following occurs:
i. either a mixture of 13 percent or less (by
				  volume) with air forms a flammable mixture or the flammable range with air is
				  wider than 12 percent regardless of the lower limit. These limits shall be
				  determined at atmospheric temperature and pressure. The method of sampling and
				  test procedure shall be acceptable to the Bureau of Explosives and approved by
				  the Director, Pipeline and Hazardous Materials Technology, U.S. Department of
				  Transportation (see Note 2 to this Subsection);
ii. using the Bureau of Explosives' Flame
				  Projection Apparatus (see Note 1 to this Subsection), the flame projects more
				  than 18 inches beyond the ignition source with valve opened fully, or the flame
				  flashes back and burns at the valve with any degree of valve opening;
iii. using the Bureau of Explosives' Open
				  Drum Apparatus (see Note 1 to this Subsection), there is any significant
				  propagation of flame away from the ignition source; or
iv. using the Bureau of Explosives' Closed
				  Drum Apparatus (see Note 1 to this Subsection), there is any explosion of the
				  vapor-air mixture in the drum.
4. It is an oxidizer. An oxidizer, for the
				  purposes of these regulations, is a substance, such as a chlorate,
				  permanganate, inorganic peroxide, or nitrate, that yields oxygen readily to
				  stimulate the combustion of organic matter (see Note 4 to this Subsection). An
				  organic compound containing the bivalent -O-O- structure and that may be
				  considered a derivative of hydrogen peroxide where one or more of the hydrogen
				  atoms have been replaced by organic radicals must be classed as an organic
				  peroxide unless:
a. the material meets the
				  definition of a Class A explosive or a Class B explosive, as defined in LAC
				  33:V.4903.D.8, in which case it must be classed as an explosive;
b. the material is forbidden to be offered
				  for transportation according to
				  49 CFR
				  172.101 or
				  49 CFR
				  173.21;
c. it is determined that the predominant
				  hazard of the material containing an organic peroxide is other than that of an
				  organic peroxide; or
d. according
				  to data on file with the Pipeline and Hazardous Materials Safety Administration
				  in the U.S. Department of Transportation (see Note 3 to this Subsection), it
				  has been determined that the material does not present a hazard in
				  transportation.
NOTE 1: A description of the Bureau of Explosives' Flame
					 Projection Apparatus, Open Drum Apparatus, Closed Drum Apparatus, and method of
					 tests may be procured from the Bureau of Explosives.
NOTE 2: As part of a U.S. Department of Transportation
					 (DOT) reorganization, the Office of Hazardous Materials Technology (OHMT),
					 which was the office listed in the 1980 publication of
					 49 CFR
					 173.300 for the purposes of approving
					 sampling and test procedures for a flammable gas, ceased operations on February
					 20, 2005. OHMT programs have moved to the Pipeline and Hazardous Materials
					 Safety Administration (PHMSA) in the DOT.
NOTE 3: As part of a U.S. Department of Transportation
					 (DOT) reorganization, the Research and Special Programs Administration (RSPA),
					 which was the office listed in the 1980 publication of  49 CFR 173.151a  for the
					 purposes of determining that a material does not present a hazard in transport,
					 ceased operations on February 20, 2005. RSPA programs have moved to the
					 Pipeline and Hazardous Materials Safety Administration (PHMSA) in the
					 DOT.