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TITLE 33

Part V. Hazardous Waste and Hazardous Materials

Subpart 1. Department of Environmental Quality—Hazardous Waste

Chapter 1.General Provisions and Definitions1

§101.Authority1

§103.Purpose1

§105.Program Scope1

§106.Hazardous Waste Determination for Contaminated Media25

§107.Enforcement27

§108.Special Requirements for Hazardous Waste Generated by Conditionally Exempt Small Quantity Generators28

§109.Definitions29

§110.References50

§111.Use of Number and Gender in These Regulations52

§199.Appendices—Appendices A and B52

Chapter 3.General Conditions for Treatment, Storage, and Disposal Facility Permits56

§301.Authority56

§303.Overview of the Permit Program57

§305.Scope of the Permit59

§307.Effect of a Permit62

§309.Conditions Applicable to All Permits62

§311.Establishing Permit Conditions64

§313.Requirements for Recording and Reporting of Monitoring Results65

§315.Duration of Permit65

§317.Availability and Retention of Records65

§319.Confidentiality66

§321.Modification of Permits66

§322.Classification of Permit Modifications71

§323.Suspension, Modification or Revocation and Reissuance, and Termination of Permits78

§325.Compliance Schedule for Facilities Existing on the Effective Date of These Regulations80

§327.Fees81

§329.Research, Development, and Demonstration Permits81

Chapter 4.Requirements for Commercial Treatment, Storage, and Disposal Facility Permits82

§401.Applicability82

§403.Definitions82

§405.Requirements for Commercial TSD Facilities83

§407.Guidelines for the Infrastructure Assessment Report Prepared by Local Government84

§409.Departmental Action on Commercial Hazardous Waste TSD Permit Applications84

Chapter 5.Permit Application Contents85

Subchapter A.General Requirements for Permit Applications85

§501.Permit Application85

§503.Completeness85

§505.Recordkeeping86

Subchapter B.Signatories to Permit Applications and Reports, Changes of Authorizations, and Certifications86

§507.Applications86

§509.Reports86

§511.Changes in Authorization86

§513.Certification86

Subchapter C.Permit Applications: Parts I and II87

§515.Part I Information Requirements87

Subchapter D.Part II General Permit Information Requirements88

§516.Information Requirements for Solid Waste Management Units88

§517.Part II Information Requirements (the Formal Permit Application)88

Subchapter E.Specific Information Requirements93

§519.Contents of Part II: General Requirements93

§520.Specific Part II Information Requirements for Groundwater Protection93

§521.Specific Part II Information Requirements for Containers94

§523.Specific Part II Information Requirements for Tanks95

§525.Specific Part II Information Requirements for Surface Impoundments95

§526.Specific Part II Information Requirements for Air Emission Controls for Tanks, Surface Impoundments, and Containers96

§527.Specific Part II Information Requirements for Waste Piles97

§528.Part II Information Requirements for Post-Closure Permits98

§529.Specific Part II Information Requirements for Incinerators98

§530.Specific Part II Information Requirements for Process Vents100

§531.Specific Part II Information Requirements for Land Treatment Facilities100

§532.Special Part II Information Requirements for Drip Pads101

§533.Specific Part II Information Requirements for Landfills102

§534.Specific Part II Information Requirements for Miscellaneous Units103

§535.Specific Part II Information Requirements for Boilers and Industrial Furnaces Burning Hazardous Waste for Energy or Material Recovery and Not for Destruction103

§536.Specific Part II Information Requirements for Equipment106

Subchapter F.Special Forms of Permits107

§537.Permits for Boiler and Industrial Furnaces Burning Hazardous Waste for Recycling Purposes Only (Boilers and industrial furnaces burning hazardous waste for destruction are subject to permit requirements for incinerators.)107

§540.Remedial Action Plans (RAPs)110

Subchapter G.Remedial Action Plans (RAPs) - General Information110

§545.Why is this Subchapter written in a special format?110

§550.What is a RAP?110

§555.When do I need a RAP?111

§560.Does my RAP grant me any rights or relieve me of any obligations?111

§565.How do I apply for a RAP?111

§570.Who must obtain a RAP?111

§575.Who must sign the application and any required reports for a RAP?111

§580.What must I include in my application for a RAP?111

§585.What if I want to keep this information confidential?112

§590.To whom must I submit my RAP application?112

§595.If I submit my RAP application as part of another document, what must I do?112

§600.What is the process for approving or denying my application for a RAP?112

§605.What must the administrative authority include in a draft RAP?112

§610.What else must the administrative authority prepare in addition to the draft RAP or Notice of Intent to Deny?113

§615.What are the procedures for public comment on the draft RAP or Notice of Intent to Deny?113

§620.How will the administrative authority make a final decision on my RAP application?114

§625.May the decision to approve or deny my RAP application be administratively appealed?114

§630.When does my RAP become effective?114

§635.When may I begin physical construction of new units permitted under the RAP?114

§640.After my RAP is issued, how may it be modified, revoked and reissued, or terminated?115

§645.For what reasons may the administrative authority choose to modify my final RAP?115

§650.For what reasons may the administrative authority choose to revoke and reissue my final RAP?115

§655.For what reasons may the administrative authority choose to terminate my final RAP, or deny my renewal application?115

§660.May the decision to approve or deny a modification, revocation and reissuance, or termination of my RAP be administratively appealed?116

§665.When will my RAP expire?116

§670.How may I renew my RAP if it is expiring?116

§675.What happens if I have applied correctly for a RAP renewal but have not received approval by the time my old RAP expires?116

§680.What records must I maintain concerning my RAP?116

§685.How are time periods in the requirements in this Subchapter and my RAP computed?116

§690.How may I transfer my RAP to a new owner or operator?117

§695.What must the state or EPA region report about noncompliance with RAPs?117

§699.May I perform remediation waste management activities under a RAP at a location removed from the area where the remediation wastes originated?117

Chapter 7.Administrative Procedures for Treatment, Storage, and Disposal Facility Permits117

Subchapter A.Permits117

§701.Emergency Permits117

§703.Permit Evaluation118

§705.Issuance and Effective Date of Permit119

§706.Permit Denial120

Subchapter B.Hearings120

§707.Public Comments and Requests for Public Hearings120

§708.Preapplication Public Meeting and Notice, Public Notice Requirements at the Application Stage, and Information Repository120

§709.Evidentiary Hearings on Operating Permit Applications for Commercial Hazardous Waste Treatment, Storage, Disposal, or Recycling Facilities122

§711.Public Hearings123

Subchapter C.Public Notice of Permit Actions and Public Comment Period123

§713.Scope123

§715.Timing123

§717.Methods123

§719.Contents124

§721.Additional Information124

Chapter 11.Generators125

Subchapter A.General125


§1103.Hazardous Waste Determination125

§1105.EPA Identification Numbers126

§1107.The Manifest System126

§1108.Manifest Tracking Numbers, Manifest Printing, and Obtaining Manifests128

§1109.Pre-Transport Requirements129

§1111.Recordkeeping and Reporting132

§1113.Exports of Hazardous Waste133

§1121.Spills136

§1123.Imports of Foreign Hazardous Waste136

§1125.Unmanifested Foreign Hazardous Waste137

Subchapter B.Transboundary Shipments of Hazardous Waste138

§1127.Transboundary Shipments of Hazardous Waste for Recovery within the OECD138

§1199.Appendix A—Uniform Hazardous Waste Manifest and Instructions (DEQ Form HW-3 and its Instructions)145

Chapter 13.Transporters148


§1303.EPA Identification Number148

§1305.Transfer Facility Requirements148

§1307.The Manifest System149

§1309.Compliance with the Manifest151


§1313.Financial Responsibility152

§1315.Spills152

§1317.Discharge Cleanup153

§1319.Use and Reuse of Containers153

§1321.Hazardous Waste That Is Also a Hazardous Material153

§1323.Vehicle Markings and Placards153

Chapter 15.Treatment, Storage, and Disposal Facilities154


§1503.Site Requirements156

§1504.Construction Quality Assurance Program157

§1505.Discharges from the Site158

§1507.Security158

§1509.General Inspection Requirements159

§1511.Preparedness and Prevention160

§1513.Contingency Plan and Emergency Procedures160

§1515.Personnel Training162

§1516.Manifest System for Treatment, Storage, and Disposal (TSD) Facilities163

§1517.General Requirements for Ignitable, Reactive, or Incompatible Wastes167

§1519.General Waste Analysis167

§1521.Chemical, Physical, and Biological Treatment Facilities (Wastes Only)168

§1523.Surveillance and Monitoring169

§1525.Emergency Response169

§1527.Receiving and Monitoring Incoming Waste169

§1529.Operating Record and Reporting Requirements170

§1531.Required Notices173

§1533.Relationship to Interim Status Standards173

§1535.Imminent Hazard Action173

Chapter 17.Air Emission Standards174


§1703.Definitions174

Subchapter A.Process Vents177


§1707.Standards: Process Vents177

§1709.Standards: Closed-Vent Systems and Control Devices178

§1711.Test Methods and Procedures182

§1713.Recordkeeping Requirements184

§1715.Reporting Requirements187

Subchapter B.Equipment Leaks187


§1719.Standards: Pumps in Light Liquid Service188

§1721.Standards: Compressors189

§1723.Standards: Pressure Relief Devices in Gas/Vapor Service189

§1725.Standards: Sampling Connection Systems190

§1727.Standards: Open-Ended Valves or Lines190

§1729.Standards: Valves in Gas/Vapor Service or in Light Liquid Service190

§1731.Standards: Pumps and Valves in Heavy Liquid Service, Pressure Relief Devices in Light Liquid or Heavy Liquid Service, and Flanges and Other Connectors191

§1733.Standards: Delay of Repair191


§1737.Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Percentage of Valves Allowed to Leak192

§1739.Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Skip Period Leak Detection and Repair192




Subchapter C.Air Emission Standards for Tanks, Surface Impoundments, and Containers196



§1751.Standards: General197

§1753.Waste Determination Procedures199

§1755.Standards: Tanks200

§1757.Standards: Surface Impoundments207

§1759.Standards: Containers209


§1763.Inspection and Monitoring Requirements215



§1799.Appendix—Table 1, Compounds with Henry’s Law Constant Less than 0.1 Y/X [At 25°C]219

Chapter 18.Containment Buildings221


§1802.Design and Operating Standards221

§1803.Closure and Post-Closure Care223

Chapter 19.Tanks224


§1903.Assessment of Existing Tank System's Integrity224

§1905.Design and Installation of New Tank Systems or Components224

§1907.Containment and Detection of Releases226

§1909.General Operating Requirements231

§1911.Inspections232

§1913.Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems232


§1917.Special Requirements for Ignitable or Reactive Wastes234

§1919.Special Requirements for Incompatible Wastes234

§1921.Air Emission Standards234

Chapter 20.Integration with Maximum Achievable Control Technology (MACT) Standards234

§2001.Options for Incinerators, Cement and Lightweight Aggregate Kilns, Solid Fuel and Liquid Fuel Boilers, and Hydrochloric Acid Production Furnaces to Minimize Emissions from Startup, Shutdown, and Malfunction Events234

Chapter 21.Containers236


§2103.Condition of Containers236

§2105.Compatibility of Waste with Containers236

§2107.Management of Containers237


§2111.Containment237



§2117.Closure238


Chapter 22.Prohibitions on Land Disposal238

Subchapter A.Land Disposal Restrictions238

§2201.Purpose, Scope, and Applicability238

§2203.Definitions Applicable to This Chapter239

§2205.Storage of Prohibited Wastes241

§2207.Dilution Prohibited as a Substitute for Treatment242

§2208.Waste-Specific Prohibitions—Dyes and/or Pigments Production Wastes242

§2209.Waste-Specific Prohibitions—Wood Preserving Wastes243

§2211.Waste-Specific Prohibitions—Dioxin-Containing Wastes243

§2213.Waste-Specific Prohibitions—Chlorinated Aliphatic Wastes243

§2215.Waste Specific Prohibitions—Soils Exhibiting the Toxicity Characteristic for Metals and Containing PCBs244

§2216.Waste-Specific Prohibitions—Toxicity Characteristic Metal Wastes244

§2218.Waste Specific Prohibitions—Petroleum Refining Wastes245

§2219.Waste Specific Prohibitions—Inorganic Chemical Wastes245

§2221.Schedule of Wastes Identified or Listed after November 8, 1984246

§2223.Applicability of Treatment Standards247

§2227.Treatment Standards Expressed as Specified Technologies249

§2230.Treatment Standards for Hazardous Debris249

§2231.Variance from a Treatment Standard250

§2233.Universal Treatment Standards251

§2236.Alternative Land Disposal Restriction (LDR) Treatment Standards for Contaminated Soil251

§2237.Exemption for Surface Impoundments Treating Hazardous Waste252

§2239.Procedures for Case-by-Case Extensions of an Effective Date253

§2241.Exemptions to Allow Land Disposal of a Prohibited Waste Except by Deep Well Injection253

§2243.Administrative Procedures for Exemptions under LAC 33:V.2271, and No-Alternative Determinations under LAC 33:V.2273254

§2245.Generators' Waste Analysis, Recordkeeping, and Notice Requirements254

§2246.Special Rules Regarding Wastes That Exhibit a Characteristic257

§2247.Owners or Operators of Treatment or Disposal Facilities: Testing, Waste Minimization, Recordkeeping and Notice Requirements258

Subchapter B.Hazardous Waste Injection Restrictions260

§2249.Purpose, Scope, and Applicability260

§2251.Dilution Prohibited as a Substitute for Treatment260

§2253.Procedures for Case-by-Case Extensions to an Effective Date260

§2255.Waste Analysis260

§2257.Waste-Specific Prohibitions—Solvent Wastes260

§2259.Waste-Specific Prohibitions—Dioxin-Containing Wastes261

§2261.Waste-Specific Prohibitions—California List Wastes261

§2263.Waste-Specific Prohibitions—First Third Wastes262

§2265.Waste-Specific Prohibitions—Second Third Wastes262

§2267.Waste-Specific Prohibitions—Third Third Wastes263

§2269.Waste-Specific Prohibitions—Newly Listed Wastes263

§2271.Exemptions to Allow Land Disposal of a Prohibited Waste by Deep Well Injections264

§2273.Petition for Determinations Concerning No Alternatives to Land Disposal of a Prohibited Waste by Deep Well Injection268

§2299.Appendix—Tables 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12271

Chapter 23.Waste Piles358


§2303.Design and Operating Requirements359

§2304.Action Leakage Rate361

§2305.Exemptions361

§2306.Response Actions361

§2307.Inspection of Synthetic Liners361

§2309.Monitoring and Inspection362

§2311.Special Requirements for Ignitable or Reactive Waste362



§2317.Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027363

Chapter 24.Hazardous Waste Munitions and Explosives Storage363




Chapter 25.Landfills364




§2505.Exemption367



§2509.Surveying and Recordkeeping368



§2515.Special Requirements for Bulk and Containerized Liquids369

§2517.Special Requirements for Containers370

§2519.Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab Packs)370



Chapter 26.Corrective Action Management Units and Special Provisions for Cleanup371

§2601.Applicability of Corrective Action Management Unit (CAMU) Regulations371

§2602.Grandfathered Corrective Action Management Units (CAMUs)371

§2603.Corrective Action Management Units (CAMUs)373

§2604.Temporary Units (TU)377

§2605.Staging Piles378

§2607.Disposal of CAMU-Eligible Wastes in Permitted Hazardous Waste Landfills380

Chapter 27.Land Treatment381



§2705.Treatment Program382

§2707.Treatment Demonstration382

§2709.Food-Chain Crops383

§2711.Unsaturated Zone Monitoring383





§2723.Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026 and F027386

Chapter 28.Drip Pads387


§2803.Assessment of Existing Drip Pad Integrity387

§2804.Design and Installation of New Drip Pads387



§2809.Closure390

Chapter 29.Surface Impoundments390




§2905.Exemption393



§2909.Emergency Repairs; Contingency Plans394






Chapter 30.Hazardous Waste Burned in Boilers and Industrial Furnaces396


§3003.Management Prior to Burning399

§3005.Permit Standards for Burners399

§3007.Interim Status Standards for Burners405

§3009.Standards to Control Organic Emissions415

§3011.Standards to Control Particulate Matter417

§3013.Standards to Control Metals Emissions418

§3015.Standards to Control Hydrogen Chloride (HCl) and Chlorine Gas (Cl2) Emissions421

§3017.Small Quantity On-Site Burner Exemption422

§3019.Low Risk Waste Exemption423

§3021.Waiver of DRE Trial Burn for Boilers424

§3023.Standards for Direct Transfer424

§3025.Regulation of Residues426

§3099.Appendices—Appendix A, B, C, D, E, F, G, H, I, J, K, and L428

Chapter 31.Incinerators429

§3101.Purpose429

§3103.General Requirements429



§3109.Principal Organic Hazardous Constituents (POHCs)445

§3111.Performance Standards445

§3113.Hazardous Waste Permits446

§3115.Incinerator Permits for New or Modified Facilities446

§3117.Operating Requirements449

§3119.Monitoring and Inspections449

§3121.Closure450

Chapter 32.Miscellaneous Units450


§3203.Environmental Performance Standards450

§3205.Monitoring, Analysis, Inspection, Response, Reporting, and Corrective Action451


Chapter 33.Groundwater Protection452


§3303.Required Programs453

§3305.Groundwater Protection Standard453

§3307.Hazardous Constituents454

§3309.Concentration Limits455

§3311.Point of Compliance456

§3313.Compliance Period456

§3315.General Groundwater Monitoring Requirements456

§3317.Detection Monitoring Program458

§3319.Compliance Monitoring Program460

§3321.Corrective Action Program461

§3322.Corrective Action462

§3323.Monitoring Well Abandonment and Sealing of Bore Holes462

§3325.Groundwater Monitoring List463

Chapter 35.Closure and Post-Closure466


§3503.Notification of Intention to Close a Facility466

Subchapter A.Closure Requirements466

§3505.Closure Procedures466

§3507.Closure Performance Standards467

§3509.Closure Financial Responsibility467

§3511.Closure Plan; Amendment of Plan467

§3513.Closure; Time Allowed for Closure469

§3515.Disposal or Decontamination of Equipment, Structures and Soils471

§3517.Certification of Closure471

Subchapter B.Post-Closure Requirements472

§3519.Post-Closure Procedures472

§3521.Post-Closure Care and Use of Property472

§3523.Post-Closure Plan, Amendment of Plan472

§3525.Post-Closure Notices474

§3527.Certification of Completion of Post-Closure Care474

Chapter 37.Financial Requirements474


§3703.Definitions of Terms as Used in This Chapter475

Subchapter A.Closure Requirements476

§3705.Cost Estimate for Closure476

§3707.Financial Assurance for Closure476

Subchapter B.Post-Closure Requirements483

§3709.Cost Estimate for Post-Closure Care483

§3711.Financial Assurance for Post-Closure Care484

Subchapter C.Common Closure and Post-Closure Requirements491

§3713.Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure Care491

Subchapter D.Insurance Requirements491

§3715.Liability Requirements491

Subchapter E.Incapacity Regulations496

§3717.Incapacity of Owners or Operators, Guarantors, or Financial Institutions496

Subchapter F.Financial and Insurance Instruments496

§3719.Wording of the Instruments496

Chapter 38.Universal Wastes513

Subchapter A.General513

§3801.Scope and Applicability513

§3803.Applicability—Batteries514

§3805.Applicability—Pesticides514

§3807.Applicability—Mercury-Containing Equipment515

§3809.Applicability—Lamps515

§3810.Applicability—Electronics515

§3811.Applicability—Antifreeze516


Subchapter B.Standards for Small Quantity Handlers of Universal Waste517


§3817.Prohibitions517

§3819.Notification518

§3821.Waste Management518

§3823.Labeling/Marking520

§3825.Accumulation Time Limits520

§3827.Employee Training521

§3829.Response to Releases521

§3831.Off-Site Shipments521

§3833.Tracking Universal Waste Shipments522

§3835.Exports522

Subchapter C.Standards for Large Quantity Handlers of Universal Waste522





§3845.Labeling/Marking524

§3847.Accumulation Time Limits525

§3849.Employee Training526




§3857.Exports527

Subchapter D.Standards for Universal Waste Transporters527




§3865.Storage Time Limits527



§3871.Exports528

Subchapter E.Standards for Destination Facilities528




Subchapter F.Import Requirements529

§3879.Imports529

Subchapter G.Petitions to Include Other Wastes under This Chapter529

§3881.General529

§3883.Factors for Petitions to Include Other Wastes under This Chapter529

Chapter 39.Reserved530

Chapter 40.Used Oil530


Subchapter A.Materials Regulated as Used Oil531


§4005.Used Oil Specifications533


Subchapter B.Standards for Used Oil Generators534


§4011.Hazardous Waste Mixing534

§4013.Used Oil Storage534

§4015.On-Site Burning in Space Heaters535


Subchapter C.Standards for Used Oil Collection Centers and Aggregation Points536

§4019.Do-It-Yourselfer Used Oil Collection Centers536

§4021.Used Oil Collection Centers536

§4023.Used Oil Aggregation Points Owned by the Generator536

Subchapter D.Standards for Used Oil Transporter and Transfer Facilities536


§4027.Restrictions on Transporters Who Are Not Also Processors or Re-Refiners537


§4031.Used Oil Transportation537

§4033.Rebuttable Presumption for Used Oil538

§4035.Used Oil Storage at Transfer Facilities538

§4037.Tracking539

§4039.Management of Residues539

Subchapter E.Standards for Used Oil Processors and Re-Refiners540



§4045.General Facility Standards540


§4049.Used Oil Management543

§4051.Analysis Plan544

§4053.Tracking545

§4055.Operating Record and Reporting545

§4057.Off-Site Shipments of Used Oil546


Subchapter F.Standards for Used Oil Burners That Burn Off-Specification Used Oil for Energy Recovery546


§4063.Restrictions on Burning546



§4069.Used Oil Storage547

§4071.Tracking548

§4073.Notices548


Subchapter G.Standards for Used Oil Fuel Marketers549



§4081.On-Specification Used Oil Fuel549


§4085.Tracking550

§4087.Notices550

Subchapter H.Standards for Disposal of Used Oil and Use as a Dust Suppressant550


§4091.Disposal550

§4093.Use as a Dust Suppressant550

Chapter 41.Recyclable Materials551


§4105.Requirements for Recyclable Material551

§4139.Recyclable Materials Used in a Manner Constituting Disposal552

§4141.General Requirements for Recyclable Materials Used in a Manner Constituting Disposal553

§4143.Recyclable Materials Utilized for Precious Metal Recovery553

§4145.Spent Lead-Acid Batteries Being Reclaimed553

Chapter 42.Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation, and Disposal555

§4201.What definitions apply to this Chapter?555

§4203.What does a storage and treatment conditional exemption do?556

§4205.What wastes are eligible for the storage and treatment conditional exemption?556

§4207.What conditions must you meet for your LLMW to qualify for and maintain a storage and treatment exemption?556

§4209.What waste treatment does the storage and treatment conditional exemption allow?557

§4211.How could you lose the conditional exemption for your LLMW and what action must you take?557

§4213.If you lose the storage and treatment conditional exemption for your LLMW, can the exemption be reclaimed?557

§4215.What records must you keep at your facility and for how long?558

§4217.When is your LLMW no longer eligible for the storage and treatment conditional exemption?558

§4219.Do closure requirements apply to units that stored LLMW prior to the effective date of this Chapter?558

§4221.What does the transportation and disposal conditional exemption do?558

§4223.What wastes are eligible for the transportation and disposal conditional exemption?558

§4225.What are the conditions you must meet for your waste to qualify for and maintain the transportation and disposal conditional exemption?558

§4227.What treatment standards must your eligible waste meet?559

§4229.Are you subject to the manifest and transportation condition in LAC 33:V.4225.A.2?559

§4231.When does the transportation and disposal exemption take effect?559

§4233.Where must your exempted waste be disposed of?559

§4235.What type of container must be used for disposal of exempted waste?559

§4237.Whom must you notify?559

§4239.What records must you keep at your facility and for how long?560

§4241.How could you lose the transportation and disposal conditional exemption for your waste and what actions must you take?560

§4243.If you lose the transportation and disposal conditional exemption for a waste, can the exemption be reclaimed?560

Chapter 43.Interim Status561

§4302.Operation during Interim Status563

§4303.Changes during Interim Status563

§4305.Termination of Interim Status564

§4306.Imminent Hazard Action564

Subchapter A.General Facility Standards564


§4309.Identification Number565

§4311.Required Notices565

§4313.General Waste Analysis565

§4315.Security566

§4317.General Inspection Requirements566

§4319.Personnel Training567

§4320.Construction Quality Assurance Program567

§4321.General Requirements for Ignitable, Reactive, or Incompatible Wastes568

§4322.Location Standards568

Subchapter B.Preparedness and Prevention568


§4325.Maintenance and Operation of Facility568

§4327.Required Equipment568

§4329.Testing and Maintenance of Equipment568

§4331.Access to Communications or Alarm Systems568

§4333.Required Aisle Space568

§4335.Arrangements with Local Authorities569

Subchapter C.Contingency Plan and Emergency Procedures569


§4339.Purpose and Implementation of Contingency Plan569

§4341.Content of Contingency Plan569

§4343.Copies of Contingency Plan569

§4345.Amendment of Contingency Plan569

§4347.Emergency Coordinator569

§4349.Emergency Procedures569

Subchapter D.Manifest System, Recordkeeping, and Reporting569


§4353.Use of the Manifest System570

§4355.Manifest Discrepancies570

§4356.Unmanifested Waste Report570

§4357.Operating Record570

§4359.Availability, Retention, and Disposition of Records572

§4361.Annual Report572

§4363.Unmanifested Waste Report572

§4365.Additional Reports572

Subchapter E.Groundwater Monitoring572


§4369.Groundwater Monitoring System573

§4371.Sampling and Analysis574

§4373.Preparation, Evaluation, and Response575

§4375.Recordkeeping and Reporting576

Subchapter F.Closure and Post-Closure577


§4379.Closure Performance Standard577

§4381.Closure Plan; Amendment of Plan577

§4383.Closure; Time Allowed for Closure579

§4385.Disposal or Decontamination of Equipment, Structures and Soils582

§4387.Certification of Closure582

§4389.Post-Closure Care and Use of Property582

§4391.Post-Closure Plan; Amendment of Plan583

§4393.Post-Closure Notices585

§4395.Certification of Completion of Post-Closure Care585

§4396.Post-Closure Requirements for Facilities That Obtain Enforceable Documents in Lieu of Post-Closure Permits586

Subchapter G.Financial Requirements586


§4399.Definitions of Terms as Used in This Subpart586

§4403.Financial Assurance for Closure588

§4405.Cost Estimate for Post-Closure Care594

§4407.Financial Assurance for Post-Closure Care595

§4409.Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure Care601

§4411.Liability Requirements601

§4413.Incapacity of Owners or Operators, Guarantors, or Financial Institutions605

Subchapter H.Containers606


§4419.Condition of Containers606

§4421.Compatibility of Waste with Containers606

§4423.Management of Containers606





Subchapter I.Tanks606


§4433.Assessment of Existing Tank System's Integrity606

§4435.Design and Installation of New Tank Systems or Components607

§4437.Containment and Detection of Releases608

§4438.Special Requirements for Generators of between 100 and 1,000 kg/month That Accumulate Hazardous Waste in Tanks613



§4441.Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems614




§4445.Waste Analysis and Trial Tests616


Subchapter J.Surface Impoundments616







§4457.Closure and Post-Closure618



§4462.Design Requirements619

Subchapter K.Waste Piles620


§4465.Protection from Wind620


§4469.Containment620





§4474.Action Leakage Rates621



Subchapter L.Land Treatment622




§4483.Food-Chain Crops623

§4485.Unsaturated Zone (Zone of Aeration) Monitoring623





Subchapter M.Landfills624




§4499.Surveying and Recordkeeping625





§4507.Special Requirements for Liquid Waste627

§4509.Special Requirements for Containers628

§4511.Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab Packs)628


Subchapter N.Incinerators629





§4521.Closure630

§4522.Interim Status Incinerators Burning Particular Hazardous Wastes630

Subchapter O.Thermal Treatment631





§4531.Closure631

§4533.Open Burning; Waste Explosives632

§4534.Interim Status Thermal Treatment Devices Burning Particular Hazardous Waste632

Subchapter P.Chemical, Physical, and Biological Treatment632





§4543.Closure633



Subchapter Q.Air Emission Standards for Process Vents633



§4553.Standards: Process Vents634




Subchapter R.Air Emission Standards for Equipment Leaks634



§4565.Standard: Pumps in Light Liquid Service635

§4567.Standard: Compressors635

§4569.Standards: Pressure Relief Devices in Gas/Vapor Service635

§4571.Standards: Sampling Connection Systems635

§4573.Standards: Open-Ended Valves or Lines635

§4575.Standards: Valves in Gas/Vapor Service or in Light Liquid Service635

§4577.Standards: Pumps and Valves in Heavy Liquid Service, Pressure Relief Devices in Light Liquid or Heavy Liquid Service, and Flanges and Other Connectors635

§4579.Standards: Delay of Repair635


§4583.Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Percentage of Valves Allowed to Leak636

§4585.Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Skip Period Leak Detection and Repair636



Subchapter S.Drip Pads636


§4593.Assessment of Existing Drip Pad Integrity636

§4595.Design and Installation of New Drip Pads636



§4601.Closure636

Subchapter T.Containment Buildings636




Subchapter U.Hazardous Waste Munitions and Explosives Storage639




Subchapter V.Air Emission Standards for Tanks, Surface Impoundments, and Containers 640



§4723.Schedule for Implementation of Air Emission Standards640

§4725.Standards: General641

§4727.Waste Determination Procedures641

§4729.Standards: Tanks648

§4731.Standards: Surface Impoundments648

§4733.Standards: Containers648


§4737.Inspection and Monitoring Requirements648


Chapter 49.Lists of Hazardous Wastes649

§4901.Category I Hazardous Wastes649

§4903.Category II Hazardous Wastes691

§4907.Criteria for Listing Hazardous Waste693

§4911.Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) Undergoing Recycling694

§4913.Conditional Exclusion for Used, Intact Cathode Ray Tubes (CRTs) Exported for Recycling695

§4915.Notification and Recordkeeping for Used, Intact Cathode Ray Tubes (CRTs) Exported for Reuse695

§4999.Appendices—Appendix A, B, C, D, and E696

Chapter 51.Fee Schedules708


§5103.Scope and Purpose708

§5105.Authority708


§5109.Application Fees708

§5111.Treaters, Storers, and/or Disposers Application Fees708

§5113.Provision for Collection of Additional Fees Should Application Fees Paid Be Less Than Program Costs709

§5115.Provision of Funds Collected in Excess of Program Costs709

§5117.Annual Monitoring and Maintenance Fees709

§5119.Treaters, Storers, and/or Disposers Annual Maintenance Fees709

§5120.Land Disposal Prohibition Petition Fees710

§5121.Generators and Transporters of Hazardous Waste710

§5123.Annual Fee for Facilities with Closed Hazardous Waste Units in Post-Closure711

§5127.Methods of Payment711

§5129.Late Payment Fee711

§5131.Failure to Pay711

§5133.Effective Date711

§5139.Groundwater Protection Permit Review Fee711

§5141.Incinerator and Boiler/Industrial Furnace Inspection and Monitoring Fee712

§5145.Annual Land Treatment Unsaturated Zone Monitoring Inspec tion Fee712

§5147.Fee for NHEM Determination for Contaminated Environmental Media712

§5149.Annual Fee for Facilities with Closed Hazardous Waste Units in Post Closure712

Chapter 53.Military Munitions712


§5303.Definition of Military Munitions as a Solid Waste713

§5305.Standards Applicable to the Transportation of Solid Waste Military Munitions713

§5307.Standards Applicable to Emergency Responses714

§5309.Standards Applicable to the Storage of Solid Waste Military Munitions714

§5311.Standards Applicable to the Treatment and Disposal of Waste Military Munitions715

Table of Contents

Title 33

ENVIRONMENTAL QUALITY

Table of Contents

Table of Contents

i Environmental Regulatory Code July 2018

July 2018 Environmental Regulatory Codeii

xi Environmental Regulatory Code July 2018

Title 33

ENVIRONMENTAL QUALITY

Part V. Hazardous Waste and Hazardous Materials

Subpart 1. Department of Environmental Quality—Hazardous Waste

Title 33, Part V, Subpart 1

Chapter 1. General Provisions and Definitions

§101.Authority

A.Rules and regulations for a hazardous waste management system are hereby established by the Department of Natural Resources as mandated by Act 449 of the 1979 Legislature as amended, which is the state's response to P.L. 94-580, the Resource Conservation and Recovery Act of 1976 (RCRA).

AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984).

§103.Purpose

A.These rules and regulations serve a fourfold purpose:

1.first, to protect the health and well-being of the people of the state of Louisiana and to prevent damage to property or to the environment by the improper management of hazardous waste;

2.second, to provide incentives for the maximum recovery and reuse of substances in hazardous waste streams that are possible through the use of the most advanced technology;

3.third, to carefully consider the impact of the program on the economic vitality of the state and to achieve a proper balance that protects the health of the citizens and the environment of the state while meeting the needs of industry; and

4.fourth, to establish minimum state standards that define the acceptable management of hazardous waste.

AUTHORITY NOTE:Promulgated in accordance with R.S. 30:2180 et seq.

HISTORICAL NOTE:Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984).

§105.Program Scope

These rules and regulations apply to owners and operators of all facilities that generate, transport, treat, store, or dispose of hazardous waste, except as specifically provided otherwise herein. The procedures of these regulations also apply to the denial of a permit for the active life of a hazardous waste management facility or TSD unit under LAC 33:V.706. Definitions appropriate to these rules and regulations, including solid waste and hazardous waste, appear in LAC 33:V.109. Wastes that are excluded from regulation are found in this Section.

A.Notification of Hazardous Waste Activity

1.Within 90 days after the promulgation of these regulations anyone subject to these regulations who has not previously notified the department on the Notification of Hazardous Waste Activity Form HW-1, or whose notification on Form HW-1 is not approved, must notify the Office of Environmental Services, using Form HW-1.

2.Within 90 days after changes in waste characteristics or changes in these regulations that result in changes in the notification, interim status facilities must revise their notification form by resubmitting a corrected copy of Form HW-1.

3.All notifications received must be in accordance with EPA notification procedures and must receive an EPA identification number issued through the state of Louisiana.

4.All facilities with an active EPA identification number shall be subject to requirements in LAC 33:V.Subpart 1.

B.Classification of Hazardous Wastes. Hazardous wastes are classified into two categories.

1.Category I wastes are those known chemicals and process streams whose hazardous nature has been prescribed by prior determination and which are presented inLAC 33:V.Chapter 49.

2.Category II wastes are those wastes possessing any of the characteristics of the hazard classes listed inLAC 33:V.Chapter 49. Hazard classes of concern for these wastes are ignitability, corrosivity, reactivity and toxicity.

C.Control of Wastes. Wastes generated, transported, treated, stored, and/or disposed of in Louisiana are controlled by the state of Louisiana according to the appropriate statutes of the state of Louisiana as follows, and provided that nothing contained herein shall limit the authority granted to the Department of Natural Resources (hereinafter referred to as the department) under Title 30 of the Louisiana revised statutes or to its successor (scheduled to be the Department of Environmental Quality after February 1, 1984).

1.The department's hazardous waste program is responsible for the following, subject to these rules and regulations and to Title 30 of the Louisiana Revised Statutes:

a.surface installations and areas associated with the disposal of wastes in injection wells, excluding the injection well proper;

b.all wastes listed as hazardous inLAC 33:V.Chapter 49 or having the hazardous characteristics identified in LAC 33:V.Chapter 49, which are generated, treated, stored, and/or disposed of in Louisiana.

2.The Office of Environmental Services is responsible for nonhazardous solid wastes treated, stored, and/or disposed of in public and private solid waste facilities.

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3.The Department of Natural Resources, Office of Conservation, which is under the authority of the commissioner, is subject to rules and regulations promulgated by the Office of Conservation. Their responsibilities include:

a.salt water injection wells including related surface installations, mud pits, and other areas associated with the exploration and production of oil and gas; and

b.injection wells, less related surface installations and areas, for industrial on-site or commercial disposal of hazardous wastes, until the effective date of Act 97 of 1983 (scheduled to be February 1, 1984), after which time they shall be regulated by the Department of Environmental Quality in accordance with the provisions of Title 30 of the Louisiana Revised Statutes.

4.The department is responsible for radioactive materials.

5.The Louisiana Department of Public Safety (LDPS) is responsible for transportation of wastes.

6.The Department of Agriculture is responsible for waste pesticides, including pesticide containers at point of mixing, loading, application, equipment cleansing or base of operation.

D.Exclusions

1.Materials that are not Solid Wastes. The following materials are not solid wastes for the purpose of this Subpart:

a.i.domestic sewage; and

ii.any mixture of domestic sewage and other wastes that pass through a sewer system to a publicly owned treatment works (POTW) for treatment. Domestic Sewage means untreated sanitary wastes that pass through a sewer system;

b.industrial wastewater discharges that are point source discharges subject to regulation under Section 402 of the Clean Water Act, as amended;

[Comment: This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored, or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment.]

c.irrigation return flows;

d.source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.;

e.material subjected to in-situ mining techniques that are not removed from the ground as part of the extraction process;

f.pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless they are accumulated speculatively as defined in LAC 33:V.109.Solid Waste;

g.spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in LAC 33:V.109.Solid Waste;

h.secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided:

i.only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;

ii.reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators);

iii.the secondary materials are never accumulated in such tanks for over 12 months without being reclaimed; and

iv.the reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal;

i.i.spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose;

ii.wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood; and

iii.prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in Clauses D.1.i.i and ii of this Section, so long as they meet all of the following conditions:

(a).the wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended purpose;

(b).prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or groundwater or both;

(c).any unit used to manage wastewaters and/or spent wood preserving solutions, prior to reuse, can be visually or otherwise determined to prevent such releases;

(d).any drip pad used to manage the wastewaters and/or spent wood preserving solutions, prior to reuse, complies with the standards in LAC 33:V.Chapter 43.Subchapter S, regardless of whether the plant generates a total of less than 100 kg/month of hazardous waste; and

(e).prior to operating pursuant to this exclusion, the plant owner or operator submits to the Office of Environmental Services a one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language:

"I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation."

The plant must maintain a copy of that document in its on-site records until closure of the facility. The exclusion applies so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, it may apply to the administrative authority for reinstatement. The administrative authority may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that violations are not likely to recur;

j.EPA Hazardous Waste Numbers K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the toxicity characteristic (TC) specified in LAC 33:V.4903.E when, subsequent to generation, these materials are recycled to coke ovens, or to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens, tar recovery, or refining processes, or mixed with coal tar;

k.nonwastewater splash condenser dross residue from the treatment of K061 in high-temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery;

l.i.oil-bearing hazardous secondary materials (i.e., sludges, by-products, or spent materials) that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911—including, but not limited to, distillation, catalytic cracking, fractionation, or thermal cracking units (i.e., cokers)) unless the material is placed on the land or speculatively accumulated before being so recycled. Materials inserted into thermal cracking units are excluded under this Paragraph, provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery, and still be excluded under this provision. Except as provided in Clause D.1.l.ii of this Section, oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (i.e., from sources other than petroleum refineries) are not excluded under this Section. Residuals generated from processing or recycling materials excluded under this Subsection, where such materials as generated would have otherwise met a listing under LAC 33:V.Chapter 49, are designated as F037 listed wastes when disposed of or intended for disposal;

ii.recovered oil that is recycled in the same manner and with the same conditions as described in Clause D.1.l.i of this Section. Recovered oil is oil that has been reclaimed from secondary materials (including wastewater) generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172). Recovered oil does not include oilbearing hazardous wastes listed in LAC 33:V.Chapter 49; however, oil recovered from such wastes may be considered recovered oil. Recovered oil does not include used oil as defined in LAC 33:V.4001;

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m.excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being recycled;

n.shredded circuit boards being recycled provided that they are:

i.stored in containers sufficient to prevent a release to the environment prior to recovery; and

ii.free of mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries;

o.condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). The exemption applies only to combustion at the mill generating the condensates;

p.spent materials (as defined in LAC 33:V.109) (other than hazardous wastes listed in LAC 33:V.Chapter 49) generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, provided that:

i.the spent material is legitimately recycled to recover minerals, acids, cyanide, water, or other values;

ii.the spent material is not accumulated speculatively;

iii.except as provided in Clause D.1.p.iv of this Section, the spent material is stored in tanks, containers, or buildings meeting the following minimum integrity standards: a building must be an engineered structure with a floor, walls, and a roof all of which are made of nonearthen materials providing structural support (except smelter buildings may have partially earthen floors provided the secondary material is stored on the nonearthen portion) and have a roof suitable for diverting rainwater away from the foundation; a tank must be freestanding, not be a surface impoundment (as defined in LAC 33:V.109), and be manufactured of a material suitable for containment of its contents; a container must be free standing and be manufactured of a material suitable for containment of its contents. If tanks or containers contain any particulate that may be subject to wind dispersal, the owner/operator must operate these units in a manner that controls fugitive dust. Tanks, containers, and buildings must be designed, constructed, and operated to prevent significant releases to the environment of these materials;

iv.the administrative authority may make a site-specific determination, after public review and comment, that only solid mineral processing spent materials may be placed on pads, rather than in tanks, containers, or buildings. Solid mineral processing spent materials do not contain any free liquid. The decision-maker must affirm that pads are designed, constructed, and operated to prevent significant releases of the spent material into the environment. Pads must provide the same degree of containment afforded by the non-RCRA tanks, containers, and buildings eligible for exclusion:

(a).the decision-maker must also consider if storage on pads poses the potential for significant releases via groundwater, surface water, and air exposure pathways. Factors to be considered for assessing the groundwater, surface water, air exposure pathways are: the volume and physical and chemical properties of the spent material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway; and the possibility and extent of harm to human and environmental receptors via each exposure pathway;

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(b).pads must meet the following minimum standards: be designed of nonearthen material that is compatible with the chemical nature of the mineral processing spent material; be capable of withstanding physical stresses associated with placement and removal; have run-on/runoff controls; be operated in a manner which controls fugitive dust; and have integrity assurance through inspections and maintenance programs;

(c).before making a determination under this Subsection, the administrative authority must provide notice and the opportunity for comment to all persons potentially interested in the determination. This can be accomplished by placing notice of this action in major local newspapers or broadcasting notice over local radio stations;

v.the owner or operator provides notice to the Office of Environmental Services, providing the following information: the types of materials to be recycled; the type and location of the storage units and recycling processes; and the annual quantities expected to be placed in landbased units. This notification must be updated when there is a change in the type of materials recycled or the location of the recycling process; and

vi.for purposes of Subparagraph D.2.h of this Section, mineral processing spent materials must be the result of mineral processing and may not include any listed hazardous wastes. Listed hazardous wastes and characteristic hazardous wastes generated by non-mineral processing industries are not eligible for the conditional exclusion from the definition of solid waste;

q.Reserved.

r.petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, provided:

i.the oil is hazardous only because it exhibits the characteristic of ignitability (as defined inLAC 33:V.4903.B) and/or toxicity for benzene(LAC 33:V.4903.E, waste code D018); and

ii.the oil generated by the organic chemical manufacturing facility is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining process. An associated organic chemical manufacturing facility is a facility: where the primary SIC code is 2869, but where operations may also include SIC codes 2821, 2822, and 2865; and is physically co-located with a petroleum refinery; and where the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. Petrochemical recovered oil is oil that has been reclaimed from secondary materials (i.e., sludges, by-products, or spent materials, including wastewater) from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes;

s.spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid, unless the material is placed on the land or accumulated speculatively, as defined in LAC 33:V.109;

t.hazardous secondary materials used to make zinc fertilizers, provided that the following conditions are satisfied:

i.hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively, as defined in LAC 33:V.109;

ii.generators and intermediate handlers of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers must:

(a).submit a one-time notice to the Office of Environmental Services that contains the name, address, and EPA ID number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this Subparagraph;

(b).store the excluded secondary material in tanks, containers, or buildings that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose must be an engineered structure made of non-earthen materials that provide structural support and must have a floor, walls, and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose must be structurally sound and, if outdoors, must have roofs or covers that prevent contact with wind and rain. Containers used for this purpose must be kept closed except when it is necessary to add or remove material and must be in sound condition. Containers that are stored outdoors must be managed within storage areas that:

(i).have containment structures or systems sufficiently impervious to contain leaks, spills, and accumulated precipitation;

(ii).provide for effective drainage and removal of leaks, spills, and accumulated precipitation; and

(iii).prevent run-on into the containment system;

(c).with each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this Subparagraph;

(d).maintain, at the generator's or intermediate handler’s facility, for no less than three years, records of all shipments of excluded hazardous secondary materials. For each shipment these records must, at a minimum, contain the following information:

(i).the name of the transporter and the date of the shipment;

(ii).the name and address of the facility that received the excluded material and documentation confirming receipt of the shipment; and

(iii).the type and quantity of excluded secondary material in each shipment;

iii.manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must:

(a).store excluded hazardous secondary materials in accordance with the storage requirements for generators and intermediate handlers, as specified in Subclause D.1.t.ii.(b) of this Section;

(b).submit a one-time notification to the Office of Environmental Services that, at a minimum, specifies the name, address, and EPA ID number of the manufacturing facility and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this Subparagraph;

(c).maintain, for a minimum of three years, records of all shipments of excluded hazardous secondary materials received by the manufacturer that must, at a minimum, identify for each shipment the name and address of the generating facility, the name of the transporter, the date the materials were received, the quantity received, and a brief description of the industrial process that generated the material; andSection 105

(d).submit to the Office of Environmental Services an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial processes from which they were generated;

iv.nothing in this Section preempts, overrides, or otherwise negates the provision in LAC 33:V.1103 that requires any person who generates a solid waste to determine if that waste is a hazardous waste; and

v.interim status and permitted storage units that have been used to store only zinc-bearing hazardous wastes prior to the submission of the one-time notice described in Subclause D.1.t.iii.(b) of this Section, and that afterward will be used only to store hazardous secondary materials excluded under this Subparagraph, are not subject to the closure requirements of LAC 33:V.Chapters 11, 15, 17, 19, 21, 23, 25, 27, 28, 29, 31, 32, 33, 35, 37 and 43;

u.zinc fertilizers made from hazardous wastes or hazardous secondary materials that are excluded under this Paragraph, provided that:

i.the fertilizer meets the following contaminant limits:

(a).for metal contaminants:

Constituent

Maximum Allowable Total Concentration in Fertilizer, per Unit (1%) of Zinc (ppm)

Arsenic

0.3

Cadmium

1.4

Chromium

0.6

Lead

2.8

Mercury

0.3

(b).for dioxin contaminants, the fertilizer must contain no more than 8 parts per trillion of dioxin, measured as toxic equivalent (TEQ);

ii.the manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every 6 months, and for dioxins no less than every 12 months. Testing must also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at a concentration above the applicable limit. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the products introduced into commerce; and

iii.the manufacturer maintains, for no less than three years, records of all sampling and analyses performed for purposes of determining compliance with the requirements of Clause D.1.u.ii of this Section. Such records must, at a minimum, include:

(a).the dates and times product samples were taken and the dates the samples were analyzed;

(b).the names and qualifications of the persons taking the samples;

(c).a description of the methods and equipment used to take the samples;

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(d).the name and address of the laboratory facility at which analyses of the samples were performed;

(e).a description of the analytical methods used, including any cleanup and sample preparation; and

(f).all laboratory analytical results used to determine compliance with the contaminant limits specified in this Subparagraph;

v.used cathode ray tubes (CRTs) meeting the following requirements:

i.used, intact CRTs as defined in LAC 33:V.109.Cathode Ray Tube or CRT, unless they are disposed, or unless they are accumulated speculatively as defined in LAC 33:V.109 by CRT collectors or glass processors;

ii.used, intact CRTs that are exported for recycling provided that they meet the requirements of LAC 33:V.4913;

iii.used, broken CRTs as defined in LAC 33:V.109.Cathode Ray Tube or CRT that meet the requirements of LAC 33:V.4911;

iv.glass removed from CRTs, provided that it meets the requirements of LAC 33:V.4911;

w.solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes from the point of generation, provided that:

i.the solvent-contaminated wipes, when accumulated, stored, and transported, are contained in nonleaking, closed containers that are labeled “Excluded Solvent-Contaminated Wipes.” The containers shall be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container shall be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions;

ii.the solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for cleaning;

iii.at the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, the solvent-contaminated wipes shall contain no free liquids as defined in LAC 33:V.109;

iv.free liquids removed from the solvent-contaminated wipes or from the container holding the wipes shall be managed according to the applicable regulations found in LAC 33:V.Subpart 1;

v.generators shall maintain, at their sites, the following documentation:

(a).the name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes;

(b).documentation that the 180-day accumulation time limit in LAC 33:V.105.D.1.w.ii is being met; and

(c).the description of the process the generator is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning; and

vi.the solvent-contaminated wipes are sent to a laundry or dry cleaner whose discharge, if any, is regulated under sections 301 and 402, or section 307 of the Clean Water Act.

x.hazardous secondary material generated and legitimately reclaimed within the United States of America or its territories and under the control of the generator is not a solid waste, provided that the material complies with the following conditions:

i.the hazardous secondary material is generated and reclaimed at the generating facility (for purposes of this definition, generating facility means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator); or

ii.the hazardous secondary material is generated and reclaimed at different facilities, if the reclaiming facility is controlled by the generator or if both the generating facility and the reclaiming facility are controlled by a person, as defined in LAC 33:V.109; and

(a).the generator provides one of the following certifications:

(i).“On behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], which is controlled by [insert generator facility name] and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material.”; or

(ii).“On behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], that both facilities are under common control, and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material.” For purposes of this Paragraph, control means the power to direct the policies of the facility, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate facilities on behalf of a different person as defined in LAC 33:V.109 shall not be deemed to “control” such facilities;

(b).the generating and receiving facilities must both maintain at their facilities for no less than three years records of hazardous secondary materials sent or received under this exclusion. In both cases, the records must contain:

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(i).the name of the transporter;

(ii).the date of the shipment; and

(iii).the type and quantity of the hazardous secondary material shipped or received under the exclusion;

(iv).these record-keeping requirements may be satisfied by maintaining routine business records (e.g., financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations); or

iii.the hazardous secondary material is generated pursuant to a written contract between a tolling contractor and a toll manufacturer and is reclaimed by the tolling contractor, if the tolling contractor certifies the following: “On behalf of [insert tolling contractor name], I certify that [insert tolling contractor name] has a written contract with [insert toll manufacturer name] to manufacture [insert name of product or intermediate] which is made from specified unused materials, and that [insert tolling contractor name] will reclaim the hazardous secondary materials generated during this manufacture. On behalf of [insert tolling contractor name], I also certify that [insert tolling contractor name] retains ownership of, and responsibility for, the hazardous secondary materials that are generated during the course of the manufacture, including any releases of hazardous secondary materials that occur during the manufacturing process.”; and

(a).the tolling contractor must maintain at its facility for no less than three years records of hazardous secondary materials received pursuant to its written contract with the tolling manufacturer; and

(b).the tolling manufacturer must maintain at its facility for no less than three years records of hazardous secondary materials shipped pursuant to its written contract with the tolling contractor; and

(c).for both the tolling contractor and the tolling manufacturer, the records must contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received pursuant to the written contract. These requirements may be satisfied by routine business records (e.g., financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations). For purposes of this Paragraph:

(i).tolling contractora person who arranges for the production of a product or intermediate made from specified unused materials through a written contract with a toll manufacturer;

(ii).toll manufacturera person who produces a product or intermediate made from specified unused materials pursuant to a written contract with a tolling contractor;

iv.the hazardous secondary material is contained as defined in LAC 33:V.109, contained. A hazardous secondary material released to the environment is discarded and a solid waste unless it is immediately recovered for the purpose of reclamation. Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded and a solid waste;

v.the hazardous secondary material is not speculatively accumulated, as defined in LAC 33:V.109, accumulated speculatively;

vi.notice is provided as required by LAC 33:V.105.Q;

vii.the material is not otherwise subject to material-specific management conditions under LAC 33:V.105.D.1 when reclaimed (except as provided for in LAC 33:V.105.R.6.e) and it is not a spent lead-acid battery;

viii.persons performing the recycling of hazardous secondary materials under this exclusion must maintain documentation of their legitimacy determination on-site. Documentation must be a written description of how the recycling meets all four factors in LAC 33:V.105.R. Documentation shall be maintained for three years after the recycling operation has ceased;

ix.persons operating under this exclusion must meet the requirements of the Code of Federal Regulations at 40 CFR 261, subpart M (emergency preparedness and response for management of excluded hazardous secondary materials), July 1, 2015, which are hereby incorporated by reference;

y.hazardous secondary material that is generated and then transferred to a verified reclamation facility for the purpose of reclamation is not a solid waste, provided that:

i.the material is not speculatively accumulated, as defined in LAC 33:V.109, accumulated speculatively;

ii.the material is not handled by any person or facility other than the hazardous secondary material generator, the transporter, an intermediate facility or a reclaimer and, while in transport, is not stored for more than 10 days at a transfer facility, as defined in LAC 33:V.109, transfer facility, and is packaged according to applicable United States Department of Transportation regulations at 49 CFR parts 173, 178, and 179 while in transport;

iii.the material is not otherwise subject to material-specific management conditions under LAC 33:V.105.D.1 when reclaimed (except as provided for in LAC 33:V.105.R.6.e), and it is not a spent lead-acid battery;

iv.the reclamation of the material is legitimate, as specified under LAC 33:V.105.R;

v.the hazardous secondary material generator satisfies all of the following conditions:

(a).the material must be contained as defined in LAC 33:V.109, contained. A hazardous secondary material released to the environment will be considered discarded and a solid waste unless it is immediately recovered for the purpose of recycling. Hazardous secondary material managed in a unit with leaks or other continuing releases is discarded and a solid waste;

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(b).the hazardous secondary material generator must arrange for transport of hazardous secondary materials to a verified reclamation facility (or facilities) in the United States of America. A verified reclamation facility is a facility that has been granted a variance under LAC 33:V.105.O.2.d or a reclamation facility where the management of the hazardous secondary materials is addressed under a RCRA part B permit or interim status standards. If the hazardous secondary material will be passing through an intermediate facility, the intermediate facility must have been granted a variance under LAC 33:V.105.O.2.d or the management of the hazardous secondary materials at that facility must be addressed under a RCRA part B permit or interim status standards, and the hazardous secondary material generator must make contractual arrangements with the intermediate facility to ensure that the hazardous secondary material is sent to the reclamation facility identified by the hazardous secondary material generator;

(c).the hazardous secondary material generator must maintain at the generating facility for no less than three years records of all off-site shipments of hazardous secondary materials. For each shipment, these records must, at a minimum, contain the following information:

(i).name of the transporter and date of the shipment;

(ii).name and address of each reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent;

(iii).the type and quantity of hazardous secondary material in the shipment;(d).the hazardous secondary material generator must maintain at the generating facility for no less than three years confirmations of receipt from each reclaimer and, if applicable, each intermediate facility for all off-site shipments of hazardous secondary materials. Confirmations of receipt must include the name and address of the reclaimer (or intermediate facility), the type and quantity of the hazardous secondary materials received and the date which the hazardous secondary materials were received. This requirement may be satisfied by routine business records (e.g., financial records, bills of lading, copies of U.S. Department of Transportation shipping papers, or electronic confirmations of receipt);(e).the hazardous secondary material generator must comply with the emergency preparedness and response conditions in 40 CFR 261, subpart M (emergency preparedness and response for management of excluded hazardous secondary materials), July 15, 2015; these requirements are hereby incorporated by reference for this exclusion;

vi.reclaimers of hazardous secondary material excluded from regulation under this exclusion and intermediate facilities, as defined in LAC 33:V.109, shall satisfy all of the following conditions:

(a).the reclaimer and intermediate facility shall maintain at its facility for no less than three years records of all shipments of hazardous secondary material that were received at the facility and, if applicable, for all shipments of hazardous secondary materials that were received and subsequently sent off-site from the facility for further reclamation. For each shipment, these records shall at a minimum contain the following information:

(i).name of the transporter and date of the shipment;

(ii).name and address of the hazardous secondary material generator and, if applicable, the name and address of the reclaimer or intermediate facility which the hazardous secondary materials were received from;

(iii).the type and quantity of hazardous secondary material in the shipment; and

(iv).for hazardous secondary materials that, after being received by the reclaimer or intermediate facility, were subsequently transferred off-site for further reclamation, the name and address of the (subsequent) reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent;

(b).the intermediate facility shall send the hazardous secondary material to the reclaimer(s) designated by the hazardous secondary materials generator;

(c).the reclaimer and intermediate facility shall send to the hazardous secondary material generator confirmations of receipt for all off-site shipments of hazardous secondary materials. Confirmations of receipt shall include the name and address of the reclaimer (or intermediate facility), the type and quantity of the hazardous secondary materials received and the date which the hazardous secondary materials were received. This requirement may be satisfied by routine business records (e.g., financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt);

(d).the reclaimer and intermediate facility shall manage the hazardous secondary material in a manner that is at least as protective as that employed for analogous raw material and shall be contained. An “analogous raw material” is a raw material for which a hazardous secondary material is a substitute and serves the same function and has similar physical and chemical properties as the hazardous secondary material;

(e).any residuals that are generated from reclamation processes will be managed in a manner that is protective of human health and the environment. If any residuals exhibit a hazardous characteristic according to LAC 33:V.4903, or if they themselves are specifically listed in LAC 33:V.4901, such residuals are hazardous wastes and must be managed in accordance with the applicable requirements of this Subpart when disposed or intended for disposal;

(f).the reclaimer and intermediate facility shall provide financial assurance as required under subpart H of 40 CFR part 261, July 2015, which is hereby incorporated by reference;

(g).the reclaimer and intermediate facility have been granted a variance under LAC 33:V.105.O and/or LAC 33:V.105.K, as applicable, or have a RCRA part B permit or interim status standards that address the management of the hazardous secondary materials; and

vii.all persons claiming the exclusion under LAC 33:V.105.D.1.y shall provide notification as required under LAC 33:V.105.Q;

z.hazardous secondary materials that are generated and then transferred to another person for the purpose of remanufacturing are not solid waste, provided there is compliance with the standards and requirements for this conditional exclusion, which are published in the Code of Federal Regulations at 40 CFR 261.4(a)(27)-261.4(a)(27)(vi)(F). Additional requirements, as applicable to this exclusion, are located in 40 CFR 261, subpart I (use and management of containers), 40 CFR 261, subpart J (tank systems), 40 CFR 261, subpart AA (air emission standards for process vents), 40 CFR 261, subpart BB (air emission standards for equipment leaks), and 40 CFR 261, subpart CC (air emission standards for tanks and containers), July 1, 2015, and are hereby incorporated by reference for the purposes of this exclusion.

2.Solid Wastes That Are Not Hazardous Wastes. The following solid wastes are not hazardous wastes:

a.h