La. Admin. Code tit. 33 § V-109
For all purposes of these rules and regulations, the terms defined in this Chapter shall have the following meanings, unless the context of use clearly indicates otherwise.
Aboveground Tank - a device meeting the definition of tank in this Section and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected.
Accumulated Speculatively-a material is accumulated speculatively if it is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that, during the calendar year (commencing on January 1), the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period. Materials must be placed in a storage unit with a label indicating the first date that the material began to be accumulated. If placing a label on the storage unit is not practicable, (such as where material is stored in batch tanks, continuous-flow tanks, waste piles, or containment buildings), the accumulation period must be documented through an inventory log or other appropriate method. In calculating the percentage of turnover, the 75 percent requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulating in units that would be exempt from regulation under LAC 33:V.105.D.3 are not to be included in making the calculation. (Materials that are already defined as solid wastes also are not to be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however. For example, the following materials are either excluded from the definition of solid waste, or are solid wastes, and therefore are not included in any speculative accumulation calculations:
1. scrap metal that is excluded under LAC 33:V.105.D.1.m;
2. commercial chemical products that are not used in a manner constituting disposal (unless they are applied to the land and that is their ordinary use), and are not burned for energy recovery (unless they are themselves fuels) (LAC 33:V.109, solid waste, 3);
3. industrial ethyl alcohol that is reclaimed (LAC 33:V.4105.A.1.a);
4. fuels produced from the refining of oil-bearing hazardous waste ( LAC 33:V.4105.A.1.c);
5. wastes from growing and harvesting of agricultural crops (LAC 33:V.105.D.2.b.i);
6. wastes from raising of animals, including animal manures (LAC 33:V.105.D.2.b.ii);
7. mining overburden returned to the mine site (LAC 33:V.105.D.2.c);
8. used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment (LAC 33:V.105.D.2.m);
9. used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products (LAC 33:V.105.D.2.o);
10. materials excluded under closed loop recycling with reclamation (LAC 33:V.105.D.1.h) or closed loop recycling without reclamation (LAC 33:V.109, solid waste, 5.a.iii);
11. solvent wipes excluded under LAC 33:V.105.D.1.w.
Act-the Louisiana Environmental Quality Act, R.S. 30:2001, et seq.
Active Life- of a facility means the period from the initial receipt of hazardous waste at the facility until the administrative authority receives certification of final closure.
Active Portion- that portion of a facility where treatment, storage, or disposal operations are being or have been conducted after August 1, 1979, and which is not a closed portion. (See also closed portion and inactive portion.)
Active Range- a military range that is currently in service and is being regularly used for range activities.
Acute Hazardous Waste-hazardous wastes that meet the listing criteria in LAC 33:4907.A.2 and therefore are either listed in LAC 33:4901.B with the assigned hazard code of (H) or are listed in LAC 33:4901.E.
Administrative Authority- the Secretary of the Department of Environmental Quality or his designee or the appropriate assistant secretary or his designee.
Analogous Product-a product made of raw materials or made by competing companies with similar specifications for which a hazardous secondary material substitutes.
Analogous Raw Material-a material for which a hazardous secondary material substitutes and which serves the same function and has similar physical and chemical properties as the hazardous secondary material.
Ancillary Equipment- any device including, but not limited to, such devices as piping, fittings, flanges, valves and pumps that is used to distribute, meter, or control the flow or hazardous waste from its point of generation to a storage or treatment tank(s), between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal off-site.
Aquifer- a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs.
Assets- all existing and all probable future economic benefits obtained or controlled by a particular entity.
Authorized Representative- the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent, or person of equivalent responsibility.
Barrier- a physical separation by natural or constructed means which prevents or restricts the penetration to adjacent areas of the harmful effects of hazardous wastes.
Basin- any uncovered area constructed to retain hazardous wastes.
Batch Tank-a device meeting the definition of tank in this Section that receives a batch (or batches) of hazardous waste on a one-time or intermittent basis.
Boiler- an enclosed device using controlled flame combustion and having the following characteristics:
1. the unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases and:
a. the unit's combustion chamber and primary energy recovery section(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and
b. while in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
c. the unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or
2. the unit is one which the administrative authority has determined, on a case-by-case basis, to be a boiler, after considering the standards in LAC 33:V.105.K.
By-Product- a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a coproduct that is produced for the general public's use and is ordinarily used in the form it is produced by the process.
Carbon Regeneration Unit- any enclosed thermal treatment device used to regenerate spent activated carbon.
Carbon Dioxide Stream-carbon dioxide that has been captured from an emission source (e.g., power plant), plus incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process.
Caretaker Management- management by the administrative authority, through an appointed manager to operate a hazardous waste facility during the time the permit of the facility is revoked.
Category I Wastes- chemicals and process streams whose hazardous nature has been prescribed by prior determination and which are presented in LAC 33:V.Chapter 49, i.e., from non-specific sources, specific sources, acute hazardous wastes and toxic wastes.
Category II Wastes- wastes possessing any of the characteristics of the hazard classes listed in LAC 33:V.Chapter 49. Hazard classes of concern for these wastes are ignitability, corrosivity, reactivity and toxicity. Analytical protocols are detailed in LAC 33:V.Chapter 49.
Cathode Ray Tube or CRT- a vacuum tube, composed primarily of glass, that is the visual or video display component of an electronic device. A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means a CRT that has had the glass removed from its housing or casing and whose vacuum has been released.
Central Accumulation Area-any on-site hazardous waste accumulation area with hazardous waste accumulating in units subject to either LAC 33.V.1013 (for small quantity generators) or LAC 33 :V.1015 (for large quantity generators).
Chemical Agents and Munitions- defined in 50 U.S.C. Section 1521 (j)(1).
Closed Portion- that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements. (See also active portion and inactive portion.)
Closure- the act of securing and rendering harmless a site which has been used to treat, store or dispose of a hazardous waste so that it will pose no significant threat to human health or the environment.
Closure Plan- the plan for closure prepared in accordance with the requirements of LAC 33:V.Chapter 35.
Commercial Boiler- an industrial boiler that recycles hazardous waste for a fee by means of combustion.
Commercial Facility- a hazardous waste treatment, storage or disposal facility which receives, treats, stores or disposes of waste for a fee or other consideration.
Commercial Industrial Furnace- an industrial furnace that recycles hazardous waste for a fee by means of combustion.
Competent Authorities- the regulatory authorities of concerned countries having jurisdiction over transboundary movements of waste destined for recovery operations.
Compliance Schedule- remedial measures including an enforceable sequence of events, operations, or milestone actions leading to compliance with these rules and regulations and the Act.
Component- either the tank or ancillary equipment of a tank system.
Component- any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function (e.g., a pump seal, pump, kiln liner, kiln thermocouple).
Concerned Countries- the exporting and importing Organization for Economic Cooperation and Development (OECD) member countries and any OECD member countries of transit.
Confined Aquifer- an aquifer bounded above and below by aquicludes or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined groundwater.
Constituent or Hazardous Waste Constituent- any substance specified as a hazardous waste in any list in these rules and regulations.
Contained- held in a unit (including land-based unit as defined LAC 33:V.109) that meets the following criteria:
1. the unit is in good condition, with no leaks or other continuing or intermittent unpermitted releases of the hazardous secondary materials to the environment, and is designed, as appropriate for the hazardous secondary materials, to prevent releases of hazardous secondary materials to the environment. Unpermitted releases are releases that are not covered by a permit (such as a permit to discharge to water or air) and may include, but are not limited to, releases through surface transport by precipitation runoff, releases to soil and groundwater, wind-blown dust, fugitive air emissions, and catastrophic unit failures;
2. the unit is properly labeled or otherwise has a system (such as a log) to immediately identify the hazardous secondary materials in the unit;
3. the unit holds hazardous secondary materials that are compatible with other hazardous secondary materials placed in the unit and is compatible with the materials used to construct the unit and addresses any potential risks of fires or explosions;
4. hazardous secondary materials in units that meet the applicable requirements of LAC 33:V.Subpart 1 are presumptively contained.
Container- any portable device in which a material is stored, transported, treated, disposed of or otherwise handled.
Containment Building- a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of LAC 33:V.1801 or 4701.
Contingency Plan- a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
Continuous-Flow Tank-a device meeting the definition of tank in this Section that receives hazardous waste on an ongoing, continuous basis.
Corrosion Expert- a person who, by reason of his knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing in the state of Louisiana that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.
Corrosive Waste- a waste subject to these regulations pursuant to provisions of LAC 33:V.4903.C which, because of such properties as acidity or alkalinity, would tend to weaken or erode a common construction material.
Country of Export- any designated OECD member country listed in LAC 33:V.1113.I.1.a from which a transboundary movement of hazardous waste is planned to be initiated, or is initiated.
Country of Import- any designated OECD member country listed in LAC 33:V.1113.I.1.a to which a transboundary movement of hazardous waste is planned, or takes place, for the purpose of submitting the waste to recovery operations therein.
Country of Transit - any designated OECD member country listed in LAC 33:V.1113.I.1.a and b other than the exporting or importing country across which a transboundary movement of hazardous waste is planned or takes place.
CRT Collector- a person who receives used, intact CRTs for recycling, repair, resale, or donation.
CRT Exporter-any person in the United States who initiates a transaction to send used CRTs outside the United States or its territories for recycling or reuse, or an intermediary in the United States arranging for such export.
CRT Glass Manufacturer- an operation or part of an operation that uses a furnace to manufacture CRT glass.
CRT Processing- conducting any of the following activities:
1. receiving broken or intact CRTs;
2. intentionally breaking intact CRTs or further breaking or separating broken CRTs; or
3. sorting or otherwise managing glass removed from CRTs.
Current Assets- cash, other assets, or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.
Current Closure Cost Estimate- the most recent of the estimates prepared in accordance with LAC 33:V.3705.
Current Liabilities- obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.
Current Plugging and Abandonment Cost Estimates- the most recent cost estimate for plugging and abandonment of disposal wells prepared for 40 CFR 144.62, Office of Conservation, or other substantially equivalent state program(s).
Current Post-Closure Cost Estimate- the most recent of the estimates prepared in accordance with LAC 33:V.3709.
Date of Issuance of the Hazardous Waste Permit- the date shown on the hazardous waste permit as the date of issue.
Department- Department of Natural Resources, or after February 1, 1984, Department of Environmental Quality, pursuant to Act 97 of 1983.
Designated Facility-
1. A designated facility is a hazardous waste treatment, storage, or disposal facility that:
a. has received a permit (or interim status) in accordance with the requirements of LAC 33:V.Chapters 1, 3, 5, 7, 27, 31, and 43;
b. has received a permit (or interim status) from a state authorized in accordance with 40 CFR 271; or
c. is regulated under the applicable Sections of 40 CFR 266, LAC 33:V.Chapter 41, or equivalent regulation of other states; and
d. has been designated on the manifest by the generator in accordance with LAC 33:V.105.H.
2.Designated facility also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with LAC 33:V.1516.C.
3. If a waste is destined for a facility in an authorized state that has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility must be a facility allowed by the receiving state to accept such waste.
Dike- an embankment, levee, or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids or other materials.
Dioxins and Furans (D/F)- tetra, penta, hexa, hepta, and octa-chlorinated dibenzo dioxins and furans.
Discarded- a material is discarded if it is abandoned (and not used, re-used, reclaimed, or recycled) by being disposed of; or burned or incinerated, except where the material is being burned as a fuel for the purpose of recovering usable energy; or physically, chemically, or biologically treated (other than burned or incinerated) in lieu of or prior to being disposed of.
Discharge or Hazardous Waste Discharge- the placing, spilling, releasing, percolating, draining, seeping, disposing, bypassing, or other escaping of pollutants into the air, waters, subsurface water, or the ground as the result of a prior act or omission; or the placing of pollutants into natural or man-made pits or drums, barrels or similar containers under conditions and circumstances that leaking, seeping, draining or escaping of the pollutants can be reasonably anticipated.
Displacement- the relative movement of any two sides of a fault measured in any direction.
Disposal- the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters of the state.
Disposal Facility- a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water and at which the waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.
Disposer- any person or agency who operates a treatment, storage and/or disposal facility.
Domestic Sewage- untreated sanitary wastes that pass through a sewer system.
Drip Pad- an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.
Electronic Manifest (or e-Manifest)-the electronic format of the hazardous waste manifest that is obtained from EPAs national e-manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700-22 (manifest) and 8700-22A (continuation sheet).
Electronic Manifest System (or e-Manifest System)-EPAs national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.
Elementary Neutralization Unit-a device that:
1. is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in LAC 33:V.4903.C, or they are listed in LAC 33:V.4901 only for this reason; and
2. meets the definition of tank, tank system, container, transport vehicle, or vessel in LAC 33:V.109.
Emergency Action- a situation in which there is no feasible alternative, other than the extraordinary actions authorized, to avoid loss of life, serious injury to human health or the environment, or severe damage to property.
Empty Container-
1.
a. any hazardous waste remaining in either of the following is not subject to regulation under LAC33:V.Chapters 1-38, 41, 43, 49, or to the notification requirements of LAC 33:V.105.A:
i. an empty container; or
ii. an inner liner removed from an empty container, as defined in Paragraph 2 of this definition;
b. any hazardous waste in either of the following is subject to regulation under LAC 33:V.Chapters 1-38, 41, 43, 49, or to the notification requirements of LAC 33:V.105.A:
i. a container that is not empty; or
ii. an inner liner removed from a container that is not empty, as defined in Paragraph 2 of this definition;
2.
a. a container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acutely hazardous waste listed in LAC 33:V.4901.B or E, is empty if:
i.
(a). all wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating; and
(b). no more than 2.5 centimeters (1 inch) of residue remain on the bottom of the container or inner liner; or
ii.
(a). no more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size; or
(b). no more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gallons in size;
b. a container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric;
c. a container or an inner liner removed from a container that has held an acutely hazardous waste listed in LAC 33:V.4901.B or E, is empty if:
i. the container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;
ii. the container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or
iii. in the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container has been removed.
EPA Acknowledgement of Consent- the cable sent to the EPA from the United States Embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment.
EPA Identification Number-the number assigned by EPA to each generator, transporter, and treatment, storage, or disposal facility. An EPA identification number is site-specific. If a facility moves to another location, the owner/operator must obtain a new EPA identification number for the facility.
EPA Hazardous Waste Number- the number assigned by EPA to each hazardous waste (see LAC 33:V.Chapter 49).
EPA Identification Number- the number assigned by EPA to each generator, transporter, and treatment, storage, or disposal facility.
Equivalent Method- any testing or analytical method approved by the administrative authority.
Excluded Scrap Metal- processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.
Existing Facilities- hazardous waste facilities in operation or for which construction commenced on or before August 1, 1979. A facility has commenced construction if the owner or operator has obtained the federal, state and local approvals or permits necessary to begin physical construction; and either: a continuous on-site, physical construction program has begun; or the owner or operator has entered into contractual obligations (which cannot be canceled or modified without substantial loss) for physical construction of the facility to be completed within a reasonable time.
Existing Hazardous Waste Management (HWM) Facility or Existing Facility- a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if:
1. the owner or operator has obtained the federal, state and local approvals or permits necessary to begin physical construction, and either:
a. a continuous on-site, physical construction program has begun; or
b. the owner or operator has entered into contractual obligations- which cannot be canceled or modified without substantial loss- for physical construction of the facility to be completed within a reasonable time.
Existing Portion- that land surface area of an existing waste management unit, included in the original Part I permit application, on which wastes have been placed prior to the issuance of a permit.
Existing Tank System or Existing Component- a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to July 14, 1986. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either:
1. a continuous on-site physical construction or installation program has begun; or
2. the owner or operator has entered into contractual obligations-which cannot be canceled or modified without substantial loss-for physical construction of the site or installation of the tank system to be completed within a reasonable time.
Explosives or Munitions Emergency- a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive materials or devices, or other potentially harmful military chemical munitions or devices, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.
Explosives or Munitions Emergency Response- all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions, and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.
Explosives or Munitions Emergency Response Specialist- an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), DOD-certified civilian or contractor personnel, and other federal, state, or local government or civilian personnel similarly trained in explosives or munitions emergency responses.
Exporter- the person under the jurisdiction of the country of export who has, or will have at the time of the transboundary movement, possession or other forms of legal control of the waste and who proposes transboundary movement of the hazardous waste for the ultimate purpose of submitting it to recovery operations. When the United States (U.S.) is the country of export, exporter is interpreted to mean a person domiciled in the United States.
Exporting Country-any designated OECD member country listed in LAC 33:V.1113.I.1.a from which a transboundary movement of waste is planned or has commenced.
Facilities- a group of units (each an individual facility) on a site operated to treat, store, and/or dispose of hazardous waste.
Facility-
1. all contiguous land and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste, or for managing hazardous secondary materials prior to reclamation. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments or a combination of them); or
2. for the purpose of implementing corrective action under LAC 33:V.3322, all the contiguous property under the control of the owner or operator seeking a permit under subtitle C of RCRA. This definition also applies to facilities implementing corrective actions under RCRA section 3008(h);
3. notwithstanding Paragraph 2 of this definition, a remediation waste management site is not a facility that is subject to LAC 33:V.3322, but is subject to corrective action requirements if the site is located within such a facility.
Facility Mailing List- the mailing list for a facility maintained by the department in accordance with LAC 33:V.717.A.1.e.
Fault- a fracture along which rocks or soils on one side have been displaced with respect to those on the other side.
Federal Agency- any department, agency, or other instrumentality of the federal government, any independent agency or establishment of the federal government including any government corporation, and the Government Printing Office.
Federal, State, and Local Approvals or Permits Necessary to Begin Physical Construction- permits and approvals required under federal, state, or local statutes, regulations or ordinances.
Final Closure-the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements so that hazardous waste management activities under LAC 33:V.Chapters 15, 19, 21, 23, 25, 27, 29, 31, 33, 35 and 43 are no longer conducted unless subject to provisions of LAC 33:V.1011, 1013, and 1015.
Final Permit- same as Permit.
Food-Chain Crops- tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.
Foreign Source- any hazardous waste originating from other than the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, or any other territory or protectorate.
Freeboard- the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.
Free Liquids- liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.
Fresh-Water Aquifer- water-bearing formations capable of yielding usable quantities of groundwater with dissolved minerals less than 10,000 mg/L to drinking water wells, pumps, springs, or streams.
Functionally Equivalent Component- a component that performs the same function or measurement and that meets or exceeds the performance specifications of another component.
Gasification-Repealed.
Generator- any person, by site, whose act or process produces hazardous waste identified or listed, or whose act first causes a hazardous waste to become subject to regulation.
Groundwater - water located beneath the ground surface or below a surface water body in a saturated zone or stratum.
Hazardous Material- a material designated under Louisiana Department of Public Safety regulations or its successor agency to be capable of posing an unreasonable risk to health, safety, or property when transported.
Hazardous Secondary Material- a secondary material (e.g., spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste under LAC 33:V.Subpart 1.
Hazardous Secondary Material Generator- any person whose act or process produces hazardous secondary materials at the generating facility. For purposes of this LAC 33:V.Subpart 1, "generating facility" means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator. Under LAC 33:V.105.D.1.x ("hazardous secondary materials reclaimed under the control of the generator"), a facility that collects hazardous secondary materials from other persons is not the hazardous secondary material generator.
Hazardous Waste- a solid waste, as defined in this Section, is a hazardous waste if:
1. it is not excluded from regulation as a hazardous waste under LAC 33:V.105.D; and
2. it meets any of the following criteria:
a. it exhibits any of the characteristics of hazardous waste identified in LAC 33:V.4903. However, any mixture of a waste from the extraction, beneficiation, or processing of ores and minerals excluded under LAC 33:V.105.D.2.h and any other solid waste exhibiting a characteristic of hazardous waste under LAC 33:V.4903 is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred; or if it continues to exhibit any of the characteristics exhibited by the nonexcluded wastes prior to mixture. Further, for the purposes of applying the toxicity characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in LAC 33:V.4903.E, Table 5 that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture;
b. it is listed in LAC 33:V.4901 and has not been excluded from the lists in LAC 33:V.4901 by the Environmental Protection Agency or the administrative authority;
c. it is a mixture of solid waste and one or more hazardous wastes listed in LAC 33:V.4901 and has not been excluded from Paragraph 2 or Subparagraphs 4.e and f of this definition under LAC 33:V.105.D and M; however, the following mixtures of solid wastes and hazardous wastes listed in LAC 33:V.4901 are not hazardous wastes (except by application of Subparagraph 2.a or b of this definition) if the generator can demonstrate that the mixture consists of wastewater, the discharge of which is subject to regulation under either Section 402 or Section 307(b) of the Clean Water Act (including wastewater at facilities that have eliminated the discharge of wastewater), and:
i. one or more of the following spent solvents listed in LAC 33:V.4901.B- benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene, or scrubber waters derived from the combustion of these spent solvents-provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed 1 part per million, or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR Part 60, 61, or 63, as incorporated by reference at LAC 33:III.3003, 5116, and 5122, respectively, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions) does not exceed 1 part per million on an average weekly basis. Any facility that uses benzene as a solvent and claims this exemption must use an aerated biological wastewater treatment system and must use only lined surface impoundments or tanks prior to secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the administrative authority. A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once it receives confirmation that the sampling and analysis plan has been received by the administrative authority. The administrative authority may reject the sampling and analysis plan if it finds that the sampling and analysis plan fails to include the above information, or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the administrative authority rejects the sampling and analysis plan or if the administrative authority finds that the facility is not following the sampling and analysis plan, the administrative authority shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or
ii. one or more of the following spent solvents listed in LAC 33:V.4901.B-methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters derived from the combustion of these spent solvents- provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed 25 parts per million, or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR Part 60, 61, or 63, as incorporated by reference at LAC 33:III.3003, 5116, and 5122, respectively, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions) does not exceed 25 parts per million on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the administrative authority. A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once it receives confirmation that the sampling and analysis plan has been received by the administrative authority. The administrative authority may reject the sampling and analysis plan if it finds that the sampling and analysis plan fails to include the above information, or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the administrative authority rejects the sampling and analysis plan or if the administrative authority finds that the facility is not following the sampling and analysis plan, the administrative authority shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or
iii. one of the following wastes listed in LAC 33:V.4901.C, provided that the wastes are discharged to the refinery oil recovery sewer before primary oil/water/solids separation-heat exchanger bundle cleaning sludge from the petroleum refining industry (EPA Hazardous Waste Number K050), crude oil storage tank sediment from petroleum refining operations (EPA Hazardous Waste Number K169), clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining operations (EPA Hazardous Waste Number K170), spent hydrotreating catalyst (EPA Hazardous Waste Number K171), and spent hydrorefining catalyst (EPA Hazardous Waste Number K172); or
iv. a discarded hazardous waste, commercial chemical product, or chemical intermediate listed in LAC 33:V.4901.A, B.1-2, and C-F arising from de minimis losses of these materials. For purposes of this Clause, de minimis losses are inadvertent releases to a wastewater treatment system, including those from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves, or other devices used to transfer materials); minor leaks of process equipment, storage tanks, or containers; leaks from well-maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers rendered empty by that rinsing. Any manufacturing facility that claims an exemption for de minimis quantities of wastes listed in LAC 33:V.4901.B and C, or any nonmanufacturing facility that claims an exemption for de minimis quantities of wastes listed in LAC 33:V.Chapter 49, must either have eliminated the discharge of wastewaters or have included in its Clean Water Act permit application or submission to its pretreatment control authority the constituents for which each waste was listed in LAC 33:V.4901.G and the constituents in LAC 33:V.2299.Table 2, Treatment Standards for Hazardous Wastes, for which each waste has a treatment standard (i.e., Land Disposal Restriction constituents). A facility is eligible to claim the exemption once the administrative authority has been notified of possible de minimis releases via the Clean Water Act permit application or the pretreatment control authority submission. A copy of the Clean Water Act permit application or the submission to the pretreatment control authority must be placed in the facility's on-site files; or
v. wastewater resulting from laboratory operations containing toxic (T) wastes listed in LAC 33:V.4901, provided that the annualized average flow of laboratory wastewater does not exceed 1 percent of total wastewater flow into the headworks of the facility's wastewater treatment or pretreatment system, or provided the wastes' combined annualized average concentration does not exceed 1 part per million in the headworks of the facility's wastewater treatment or pretreatment facility. Toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation; or
vi. one or more of the following wastes listed in LAC 33:V.4901.C-wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste Number K157)-provided that the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine (including all amounts that cannot be demonstrated to be reacted in the process, destroyed through treatment, or recovered, i.e., what is discharged or volatilized) divided by the average weekly flow of process wastewater prior to any dilution into the headworks of the facility's wastewater treatment system does not exceed a total of 5 parts per million by weight, or the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR Part 60, 61, or 63, as incorporated by reference at LAC 33:III.3003, 5116, and 5122, respectively, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions) does not exceed 5 parts per million on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the administrative authority. A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once it receives confirmation that the sampling and analysis plan has been received by the administrative authority. The administrative authority may reject the sampling and analysis plan if it finds that the sampling and analysis plan fails to include the above information, or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the administrative authority rejects the sampling and analysis plan or if the administrative authority finds that the facility is not following the sampling and analysis plan, the administrative authority shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or
vii. wastewaters derived from the treatment of one or more of the following wastes listed in LAC 33:V.4901.C- organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste Number K156)-provided that the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 milligrams per liter, or the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR Part 60, 61, or 63, as incorporated by reference at LAC 33:III.3003, 5116, and 5122, respectively, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions) does not exceed 5 milligrams per liter on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the administrative authority. A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once it receives confirmation that the sampling and analysis plan has been received by the administrative authority. The administrative authority may reject the sampling and analysis plan if it finds that the sampling and analysis plan fails to include the above information, or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the administrative authority rejects the sampling and analysis plan or if the administrative authority finds that the facility is not following the sampling and analysis plan, the administrative authority shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; and
d. Rebuttable Presumption for Used Oil. Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in LAC 33:V.4901. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (e.g., by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in LAC 33:V.3105, Table 1):
i. the rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed through a tolling agreement, to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner or disposed;
ii. the rebuttable presumption does not apply to used oils contaminated with Chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units;
3. a solid waste which is not excluded from regulation under LAC 33:V.105.D becomes a hazardous waste when any of the following events occur:
a. in the case of a waste listed in LAC 33:V.4901, when the waste first meets the listing description set forth in LAC 33:V.4901;
b. in the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous waste listed in LAC 33:V.4901 is first added to the solid waste; and
c. in the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in LAC 33:V.4903;
4. unless and until a hazardous waste meets the criteria of Paragraph 5 of this definition:
a. a hazardous waste will remain a hazardous waste;
b.
i. except as otherwise provided in Clause 4.b.ii, Subparagraph 4.f, or Paragraph 6 of this definition, any solid waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust, or leachate (but not including precipitation runoff) is a hazardous waste (However, materials that are reclaimed from solid waste and that are used beneficially are not solid wastes and hence are not hazardous wastes under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.);
ii. the following solid wastes are not hazardous even though they are generated from the treatment, storage, or disposal of hazardous waste, unless they exhibit one or more of the characteristics of hazardous wastes:
(a). waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC Codes 331 and 332);
(b). waste from burning any of the materials exempted from regulation by LAC 33:V.4105.A.1.c and d.i;
(c).
(i). nonwastewater residues, such as slag, resulting from High-Temperature Metals Recovery (HTMR) processing of K061, K062, or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations, or industrial furnaces (as defined in Industrial Furnace, Paragraphs 6, 7 and 13, in this Section), that are disposed of in Subtitle D units, provided that these residues meet the generic exclusion levels identified in Tables A and B of this definition for all constituents and exhibit no characteristics of hazardous waste. Testing requirements must be incorporated in a facility's waste analysis plan or a generator's self-implementing waste analysis plan; at a minimum, composite samples of residues must be collected and analyzed quarterly and/or when the process or operation generating the waste changes. Persons claiming this exclusion in an enforcement action will have the burden of proving, by clear and convincing evidence, that the material meets all of the exclusion requirements;
Table A | |
Generic Exclusion Levels for K061 and K062 Nonwastewater HTMR Residues | |
Constituent | Maximum for Any Single Composite Sample-TCLP (mg/L) |
Antimony | 0.10 |
Arsenic | 0.50 |
Barium | 7.6 |
Beryllium | 0.010 |
Cadmium | 0.050 |
Chromium (total) | 0.33 |
Lead | 0.15 |
Mercury | 0.009 |
Nickel | 1.0 |
Selenium | 0.16 |
Silver | 0.30 |
Thallium | 0.020 |
Zinc | 70.0 |
Table B | |
Generic Exclusion Levels for F006 Nonwastewater HTMR Residues | |
Constituent | Maximum for Any Single Composite Sample-TCLP (mg/L) |
Antimony | 0.10 |
Arsenic | 0.50 |
Barium | 7.6 |
Beryllium | 0.010 |
Cadmium | 0.050 |
Chromium (total) | 0.33 |
Cyanide (total) (mg/kg) | 1.8 |
Lead | 0.15 |
Mercury | 0.009 |
Nickel | 1.0 |
Selenium | 0.16 |
Silver | 0.30 |
Thallium | 0.020 |
Zinc | 70.0 |
(ii). a one-time notification and certification must be placed in the facility's files and sent to the Office of Environmental Services for K061, K062, or F006 HTMR residues that meet the generic exclusion levels for all constituents and do not exhibit any characteristics that are sent to Subtitle D units. The notification and certification that is placed in the generators' or treaters' files must be updated if the process or operation generating the waste changes and/or if the Subtitle D unit receiving the waste changes. However, the generator or treater needs only to notify the administrative authority on an annual basis if such changes occur. Such notification and certification should be sent to the EPA region or authorized state by the end of the calendar year, but no later than December 31. The notification must include the following information:
[a]. the name and address of the Subtitle D unit receiving the waste shipments;
[b]. the EPA hazardous waste number(s) and treatability group(s) at the initial point of generation;
[c]. the treatment standards applicable to the waste at the initial point of generation; and
[d]. the certification must be signed by an authorized representative and must state as follows:
"I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."
c. biological treatment sludge from the treatment of one of the following wastes listed in LAC 33:V.4901.C: organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste Number K156), and wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste Number K157);
d. catalyst inert support media separated from one of the following wastes listed in LAC 33:V.4901.C: spent hydrotreating catalyst (EPA Hazardous Waste Number K171) and spent hydrorefining catalyst (EPA Hazardous Waste Number K172);
e. a hazardous waste that is listed in LAC 33:V.4901 solely because it exhibits one or more characteristics of ignitability as defined under LAC 33:V.4903.B, corrosivity as defined under LAC 33:V.4903.C, or reactivity as defined under LAC 33:V.4903.D is not a hazardous waste if the waste no longer exhibits any characteristic of hazardous waste identified in LAC 33:V.4903. The exclusion also pertains to any mixture of a solid waste and a hazardous waste listed in LAC 33:V.4901 solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity, as regulated under Subparagraph 2.c of this definition, and any solid waste generated from treating, storing, or disposing of a hazardous waste listed in LAC 33:V.4901 solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity, as regulated under Clause 4.b.i of this definition. Wastes excluded under this Subparagraph are subject to LAC 33:V.Chapter 22 (as applicable), even if they no longer exhibit a characteristic at the point of land disposal. Any mixture of a solid waste excluded from regulation under LAC 33:V.105.D.2.h and a hazardous waste listed in LAC 33:V.Chapter 49 solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity, as regulated under Subparagraph 2.d of this definition, is not a hazardous waste if the mixture no longer exhibits any characteristic of hazardous waste identified in LAC 33:V.Chapter 49 for which such hazardous waste was listed;
f. hazardous waste containing radioactive waste is no longer a hazardous waste when it meets the eligibility criteria and conditions of LAC 33:V.Chapter 42. This exemption also pertains to any mixture of a solid waste and an eligible radioactive mixed waste and any solid waste generated from treating, storing, or disposing of an eligible radioactive mixed waste. Waste exempted under this Subparagraph must meet the eligibility criteria and specified conditions in LAC 33:V.4205 and 4207 (for storage and treatment) and in LAC 33:V.4223 and 4225 (for transportation and disposal). Waste that fails to satisfy these eligibility criteria and conditions is regulated as hazardous waste;
5. any solid waste described in Paragraph 4 of this definition is not a hazardous waste if it meets the following criteria:
a. in the case of any solid waste, it does not exhibit any of the characteristics of hazardous waste identified in LAC 33:V.4903. (However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of LAC 33:V.Chapter 22, even if they no longer exhibit a characteristic at the point of land disposal);
b. in the case of a waste which is a listed waste under LAC 33:V.4901, contains a waste listed under LAC 33:V.4901 or is derived from a waste listed in LAC 33:V.4901, and it also has been excluded from Paragraph 4 of this definition under LAC 33:V.105.H and M;
6. notwithstanding Paragraphs 1-4 of this definition and provided the debris as defined in LAC 33:V.2203 does not exhibit a characteristic identified at LAC 33:V.4903.B-E, the following materials are not subject to regulation under LAC 33:V.Subpart 1:
a. hazardous debris as defined in LAC 33:V.2203 that has been treated using one of the required extraction or destruction technologies specified in LAC 33:V.2299.Appendix, Table 8. Persons claiming this exclusion in an enforcement action will have the burden of proving, by clear and convincing evidence, that the material meets all of the exclusion requirements; or
b. debris as defined in LAC 33:V.2203 that the administrative authority, considering the extent of contamination, has determined is no longer contaminated with hazardous waste.
Hazardous Waste Management- the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery and disposal of hazardous wastes.
Hazardous Waste Management Unit- is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.
Hazardous Waste Permit-same as Permit.
Health Care Waste- infectious or other hazardous waste resulting from operations of a health care facility.
Holocene- the most recent epoch of the quaternary period, extending from the end of the Pleistocene to the present.
Home Scrap Metal- scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.
Household Waste- any waste material (including garbage, trash, and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels, and motels).
Ignitable Waste- a waste subject to these regulations pursuant to provisions of LAC 33:V.4903.B of such properties as to constitute a potential fire hazard during its management.
Importer- the person to whom possession or other form of legal control of the waste is assigned at the time the waste is received in the country of import.
Importing Country- any designated OECD member country listed in LAC 33:V.1113.I.1.a to which a transboundary movement of waste is planned or takes place for the purpose of submitting the waste to recovery operations therein.
Inactive Portion- that portion of a facility which is not operated after August 1, 1979. (See also active portion and closed portion.)
Inactive Range- a military range that is not currently being used, but that is still under military control and considered by the military to be a potential range area, and that has not been put to a new use that is incompatible with range activities.
Incinerator- any enclosed device that:
1. uses controlled flame combustion that neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace; or
2. meets the definition of infrared incinerator or plasma arc incinerator.
Incompatible Waste- a hazardous waste that is unsuitable for placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls), or that is unsuitable for commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure; fire or explosion; violent reaction; toxic dusts, mists, fumes, or gases; or flammable fumes or gases. For examples of potentially incompatible wastes, see LAC 33:V.199.Appendix B.
Individual Generation Site- the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the property is contiguous.
Industrial Furnace- any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:
1. cement kilns;
2. lime kilns;
3. aggregate kilns;
4. phosphate kilns;
5. coke ovens;
6. blast furnaces;
7. smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machine, roasters, and foundry furnaces);
8. titanium dioxide chloride process oxidation reactors;
9. methane reforming furnaces;
10. pulping liquor recovery furnaces;
11. combustion devices used in the recovery of sulfur values from spent sulfuric acid;
12. halogen acid furnaces (HAFs) for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least 3 percent, the acid product is used in a manufacturing process and, except for hazardous waste burned as a fuel, hazardous waste fed to the furnace has a minimum halogen content of 20 percent as generated;
13. such other devices as the administrative authority, after notice and comment, adds to this list on the basis of one or more of the following factors:
a. the design and use of the device primarily to accomplish recovery of material products;
b. the use of the device to burn or reduce raw materials to make a material product;
c. the use of the device to burn or reduce secondary materials as effective substitutes for raw materials in processes using raw materials as principal feedstocks;
d. the use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product;
e. the use of the device in common industrial practice to produce a material product; and
f. other factors as appropriate.
Infectious Waste- a waste which has the potential to endanger humans or other living organisms by the communication of diseases caused by microorganisms and/or viruses.
Infrared Incinerator- any enclosed device that uses electric-powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.
Inground Tank- a device meeting the definition of tank in LAC 33:V.109 whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.
Injection Well- those wells, intended or used for disposal of hazardous waste, drilled to a strata below any fresh-water aquifer and permitted, or required to be permitted, by the Office of Conservation or after February 1, 1984, by the Department of Environmental Quality.
In Operation- a facility which is treating, storing or disposing of hazardous waste.
Inner Liner- a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.
Installation Inspector- a person who, by reason of his knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems.
Interim Permit- the hazardous waste permit issued by Louisiana to facilities with interim status.
Interim Status- all facilities that have met the requirements established by §3005e of the Resource Conservation and Recovery Act et seq. and as such has been recognized by the U.S. Environmental Protection Agency (EPA) and approved by the administrative authority in accordance with the Louisiana Environmental Affairs Act.
Intermediate- (as used in LAC 33:V.105.R) a substance formed as a stage in the manufacture of a desired end-product.
Intermediate Facility- any facility that stores hazardous secondary materials for more than 10 days, other than a hazardous secondary material generator or reclaimer of such material.
International Shipment- the transportation of hazardous waste into or out of the jurisdiction of the United States.
Lab Pack- an overpacked container (such as a drum) containing small, tightly-sealed containers of hazardous waste with an absorbent material filling the voids in the outer container (drum).
Lagoon- a shallow sound, channel, or pond near, or communicating with, a larger body of water, either natural or man-made.
Land-Based Unit- an area where hazardous secondary materials are placed in or on the land before recycling. This definition does not include land-based production units.
Landfarm- a facility for the application of waste onto land and/or incorporation into the surface soil for the purpose of biological reduction and soil attenuation, including the use of such waste as a fertilizer or soil conditioner.
Landfill- a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, land treatment facility, surface impoundment, underground injection well, salt dome formation, salt bed formation, underground mine, cave, or corrective action management unit.
Landfill Cell- a discrete volume of a hazardous waste landfill which uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.
Land Treatment Facility- a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.
Large Quantity Generator-a generator who generates any of the following amounts in a calendar month:
1. greater than or equal to 1,000 kilograms (2200 lbs) of nonacute hazardous waste; or
2. greater than 1 kilogram (2.2 lbs) of acute hazardous waste listed in LAC 33:V.4901.B with the assigned hazard code of (H) or LAC 33:V.4901.E; or
3. greater than 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in LAC 33:V.4901. with the assigned hazard code of (H) or LAC 33.V.4901.E.
Leachate- any liquid, including any suspended components in the liquid, that has percolated through, or drained from hazardous waste.
Leak-Detection System- a system capable of detecting the failure of either the primary or secondary containment structure by the detection of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure by the detection of a release of hazardous waste into the secondary containment structure.
Liner- a continuous layer of natural or man made materials, beneath and on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.
Management or Hazardous Waste Management- the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery and disposal of hazardous waste.
Manifest-the shipping document EPA Form 8700-22 (including, if necessary, EPA Form 8700-22A), or the electronic manifest, originated and signed by the generator or offer or in accordance with the instructions in the appendix to 40 CFR part 262 and the applicable requirements of 40 CFR parts 262-265.
Manifest Tracking Number- the alphanumeric identification number that is pre-printed in Item 4 of the manifest.
Military-the Department of Defense (DOD), the Armed Services, Coast Guard, National Guard, Department of Energy (DOE), or other parties under contract or acting as an agent for the foregoing, who handle military munitions.
Military Munitions- all ammunition products and components produced or used by or for the DOD or the U.S. Armed Services for national defense and security, including military munitions under the control of the DOD, the U.S. Coast Guard, the DOE, and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices managed under DOE's nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.
Military Range- designated land and water areas set aside, managed, and used to conduct research on, develop, test, and evaluate military munitions and explosives, other ordnances, or weapon systems or to train military personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas.
Mining Overburden Returned to the Mine Site- any material overlying an economic mineral deposit, which is removed to gain access to that deposit and is then used for reclamation of a surface mine.
Miscellaneous Unit- a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well (with appropriate technical standards under 40 CFR Part 146), containment building, corrective action management unit, unit eligible for a research, development, and demonstration permit under LAC 33:V.329, or staging pile.
Monitoring- inspection and collection of data following a predesigned schedule and system on operational parameters of the facility or on the quality of the environment including the air, groundwater, surface water or soils.
New Hazardous Waste Management Facility or New Facility-a facility which began operation, or for which construction commenced after November 19, 1980.
New Tank System or New Tank Component- a tank system or component that will be used for the storage or treatment of hazardous waste and for which installation has commenced after July 14, 1986; except, however, for purposes of LAC 33:V.1907.G.2 and 4435, a new tank system is one for which construction commences after July 14, 1986. (see also Existing Tank System)
No Free Liquids - as used in LAC 33:V.105.D.1.w and LAC 33:V.105.D.2.q, means that solvent-contaminated wipes may not contain free liquids as determined by method 9095B (paint filter liquids test), included in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (EPA Publication SW-846), which is incorporated by reference at LAC 33:V.110, and that there is no free liquid in the container holding the wipes. No free liquids may also be determined using another standard or test method as defined by the administrative authority.
Nonacute Hazardous Waste-all hazardous wastes that are not acute hazardous waste, as defined in this Section.
OECD-Organization for Economic Cooperation and Development.
One-Hundred Year Flood- a flood that has a 1 percent chance of being equaled or exceeded in any given year.
One-Hundred Year Floodplain- the lowland and relatively flat areas adjoining inland and coastal areas of the mainland and off-shore islands, including, at a minimum, areas subject to a 1 percent or greater chance of flooding in any given year.
Onground Tank- a device meeting the definition of tank in LAC 33:V.109 and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.
On-Site- the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties, owned by the same person, but connected by a right-of-way which he controls and to which the public does not have access, are also considered on-site property.
Open Burning- the combustion of any material without the following characteristics: control of combustion air to maintain adequate temperature for efficient combustion; containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and control of emission of the gaseous combustion products.
Operator, Owner, Licensee, Manager, etc.- whoever has legal authority and responsibility for a facility that generates, transports, treats, stores or disposes of any hazardous waste.
Organization for Economic Cooperation and Development (OECD) Area-all land or marine areas under the national jurisdiction of any OECD member country listed in LAC 33:V.1113.I.1.a. When the regulations refer to shipments to or from an OECD country, this means OECD area.
Owner- the person who owns a facility or part of a facility.
Parent Corporation- a corporation which directly owns at least 50 percent of the voting stock of the corporation which is the facility owner or operator; the latter corporation is deemed a "subsidiary" of the parent corporation.
Partial Closure-the closure of a hazardous waste management unit in accordance with the applicable closure requirements of LAC 33:V.Chapters 10, 11, 13, 15, 17, 18, 19, 23, and 43 at a facility that contains other active hazardous waste management units. For example, a partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile, or other hazardous waste management unit, while other units of the same facility continue to operate.
Permit- the permit issued by the state of Louisiana to a facility to treat, store, and/or dispose of hazardous waste under the conditions specified in the permit and the conditions required by the Act and these regulations.
Person- an individual, trust, firm, joint sPersonnel or Facility Personnel-all persons who work at or oversee the operations of a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of LAC 33:V.Chapters 10, 11, 15, 17, 19, 21, 23, 25, 27, 28, 29, 31, 32, 33, 35, 37, and 43.
tock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, an interstate body, or the federal government or any agency of the federal government.
Personnel or Facility Personnel- all persons who work at or oversee the operations of a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of LAC 33:V.Chapters 11, 15, 17, 19, 21, 23, 25, 27, 28, 29, 31, 32, 33, 35, 37, and 43.
Petition- a written request made to the administrative authority.
Pile- any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.
Plasma Arc Incinerator- any enclosed device using a high-intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.
Point Source- any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
Pond- a confined body of standing water usually smaller than a lake, either natural or man-made.
Post-Closure Plan- the plan for the post-closure care prepared in accordance with the requirements of LAC 33:V.Chapter 35.
Potable-Water Aquifer- water-bearing formations capable of yielding usable quantities of groundwater with dissolved minerals less than 10,000 mg/L to drinking water wells, pumps, springs or streams.
Pre-2008 Exclusions- the exclusions from the definition of solid waste and hazardous waste exemptions in effect prior to EPAs 2008 promulgation of revisions to the definition of solid waste to exclude certain hazardous secondary materials from hazardous waste regulation in 73 Federal Register 64668 et seq., October 30, 2008, effective December 29, 2008.
Primary Exporter- any person who is required to originate the manifest for a shipment of hazardous waste in accordance with LAC 33:V.1107, which specifies a treatment, storage or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.
Processed Scrap Metal- scrap metal that has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to, scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and fines, drosses, and related materials which have been agglomerated.
NOTE: Shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (LAC 33:V.105.D.1.n).
Prompt Scrap Metal- scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.
Proper- a qualifying adjective requiring consistency with any operating procedures published by the department.
Public Water Supply Well- a well of piped water for consumption by the public if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
Publicly-Owned Treatment Works or POTW- any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by the state, parish, municipality, or other governmental subdivision. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to POTW providing treatment.
Qualified Groundwater Scientist- a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering and has sufficient training and experience in groundwater hydrology and related fields as may be demonstrated by state registration, professional certifications, or completion of accredited university courses that enable that individual to make sound professional judgements regarding groundwater monitoring and contaminant fate and transport.
Reactive Waste- a waste subject to these regulations pursuant to provisions of LAC 33:V.4903.D which is normally unstable or which may endanger life or property in the presence of other substances likely to be encountered in the management of waste.
Receiving Country- a foreign country to which a hazardous waste is sent for the purpose of treatment, storage, or disposal (except short-term storage incidental to transportation).
Reclaimed Material- a material is reclaimed if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents. In addition, for purposes of LAC 33:V.105.D.1.x and LAC 33:V.105.D.1.y, smelting, melting, and refining furnaces are considered to be solely engaged in metals reclamation if the metal recovery from the hazardous secondary materials meets the same requirements as those specified for metals recovery from hazardous waste found in LAC 33:V.3001.D.1-3 of this Subpart, and if the residuals meet the requirements specified in LAC 33:V.3025 (Regulation of Residues).
Reclaimer- any person or agency who processes materials or wastes to recover a usable product or who regenerates materials or wastes.
Recognized Trader-a person who, with appropriate authorization of concerned countries, acts in the role of principal to purchase and subsequently sell waste; this person has legal control of such waste from time of purchase to time of sale; such a person may act to arrange and facilitate transboundary movements of waste destined for recovery operations.
Recovery Facility- an entity which, under applicable domestic law, is operating or is authorized to operate in the importing country to receive wastes and to perform recovery operations on them.
Recovery Operations-activities leading to resource recovery, recycling, reclamation, direct reuse or alternative uses, which include the following operations.
Table 1 | |
Code | Recovery Operations |
R1 | Use as a fuel (other than in direct incineration) or other means to generate energy |
R2 | Solvent reclamation/regeneration |
R3 | Recycling/reclamation of organic substances that are not used as solvents |
R4 | Recycling/reclamation of metals and metal compounds |
R5 | Recycling/reclamation of other inorganic materials |
R6 | Regeneration of acids or bases |
R7 | Recovery of components used for pollution abatement |
R8 | Recovery of components used from catalysts |
R9 | Used oil re-refining or other reuses of previously used oil |
R10 | Land treatment resulting in benefit to agriculture or ecological improvement |
R11 | Uses of residual materials obtained from any of the operations numbered R1-R10 |
R12 | Exchange of wastes for submission to any of the operations numbered R1-R11 |
R13 | Accumulation of material intended for any operation numbered R1-R12 |
Recyclable Material- a recyclable material is a material meeting the definition of a solid waste and which is used, reused, recycled, or reclaimed.
Remanufacturing- processing a higher-value hazardous secondary material in order to manufacture a product that serves a similar functional purpose as the original commercial-grade material. For the purpose of this definition, a hazardous secondary material is considered higher-value if it was generated from the use of a commercial-grade material in a manufacturing process and can be remanufactured into a similar commercial-grade material.
Remedial Action Plan (RAP)- a special form of RCRA permit that a facility owner or operator may obtain instead of a permit issued under LAC 33:V.303-329 and 501-537, to authorize the treatment, storage, or disposal of hazardous remediation waste (as defined in this Section) at a remediation waste management site.
Remediation Waste-all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments) and debris that are managed for implementing cleanup.
Remediation Waste Management Site- a facility where an owner or operator is or will be treating, storing, or disposing of hazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under LAC 33:V.3322, but is subject to corrective action requirements if the site is located in such a facility.
Replacement Unit- a landfill, surface impoundment, or waste pile unit from which all or substantially all of the waste is removed and that is subsequently reused to treat, store, or dispose of hazardous waste. Replacement unit does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with an approved closure plan or EPA- or state-approved corrective action.
Representative Sample- a sample of a universe or whole (e.g., waste pile, lagoon, groundwater) which can be expected to exhibit the average properties of the universe or whole.
Resource Recovery- recovery of useful material or energy from hazardous waste.
Reused Material- see Used or Reused Material.
Run-Off- any rainwater, leachate, or other liquid that drains overland from any part of a facility.
Run-On- any rainwater, leachate, or other liquid that drains overland onto any part of a facility.
Rural- all areas zoned rural or not zoned at all by a municipality or parish.
Saturated Zone or Zone of Saturation- that part of the earth's crust in which all voids are filled with water.
Scrap Metal- bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
Sham Recycling- a hazardous secondary material found to be sham recycled is considered discarded and a solid waste. Sham recycling is recycling that is not legitimate recycling as defined in LAC 33:V. 105.R.
SIC- Standard Industrial Classification Code.
Site- land area and appurtenances, thereon and thereto, used for the treatment, storage, and/or disposal of hazardous waste.
Sludge- any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
Sludge Dryer- any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight basis.
Small Quantity Generator-a generator who generates the following amounts in a calendar month:
1. greater than 100 kilograms (220 lbs) but less than 1,000 kilograms (2200 lbs) of nonacute hazardous waste; and
2. less than or equal to 1 kilogram (2.2 lbs) of acute hazardous waste listed in LAC 33:V.4901.B with the assigned hazard code of (H) or LAC 33:V.4901.E; and
3. less than or equal to 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in LAC 33:V.4901. with the assigned hazard code of (H) or LAC 33.V.4901.E.
Solid Waste-
1.
a. any discarded material that is not excluded by LAC 33:V105.D.1 or that is not excluded by a variance or non-waste determination granted under LAC 33:V. 105.K or O;
b. a discarded material is any material which is:
i. abandoned as explained in Paragraph 2 of this definition;
ii. recycled as explained in Paragraph 3 of this definition;
iii. considered inherently waste-like, as explained in Paragraph 4 of this definition; or
iv. a military munition identified as a solid waste in LAC 33:V.5303;
2. materials are solid waste if they are abandoned by being:
a. disposed of; or
b. burned or incinerated; or
c. accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated;
d. sham recycled as defined under LAC 33:V109, sham recycling
3. materials are solid wastes if they are recycled, or accumulated, stored, or treated before recycling, as specified in Subparagraphs 3.a-d of this definition:
a. used in a manner constituting disposal:
i. materials noted with an "*" in Column 1 of Table 1 in this Chapter are solid wastes when they are:
(a). applied to or placed on the land in a manner that constitutes disposal; or
(b). used to produce products that are applied to or placed on the land (in which cases the product itself remains a solid waste);
ii. however, commercial chemical products listed in LAC 33:V.4901.D and E are not solid wastes if they are applied to the land and that is their ordinary manner of use;
b. burning for energy recovery:
i. materials noted with an "*" in Column 2 of Table 1 in this Chapter are solid wastes when they are burned to recover energy, used to produce a fuel, or otherwise contained in fuels (in which case the fuel itself remains a solid waste);
ii. however, commercial chemical products listed in LAC 33:V.4901.D and E are not solid wastes if they are themselves fuels;
c. reclaimed- materials noted with an "*" in column 3 of Table 1 in this Chapter are solid wastes when reclaimed, except as provided under LAC 33:V105.D.1.p, or unless they meet the requirements of LAC 33:V105.D.1.x, LAC 33:V105.D.1.y, or 261.4(a)(27), as incorporated by reference at LAC 33:V 105.D. 1.z. Materials noted with a "---" in column 3 of Table 1 are not solid wastes when reclaimed;
d.accumulated speculatively-materials noted with an "*" in Column 4 of Table 1 in this Chapter are solid wastes when accumulated speculatively.
4. Inherently Waste-Like Materials. The following materials are solid wastes when they are recycled in any manner:
a. Hazardous Waste Numbers F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, and F028;
b. secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste as defined in LAC 33:V.4901 or 4903, except for brominated material that meets the following criteria:
i. the material must contain a bromine concentration of at least 45 percent;
ii. the material must contain less than a total of 1 percent of toxic organic compounds listed in LAC 33:V.3105, Table 1; and
iii. the material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping); and
c. the administrative authority will use the following criteria to add wastes to that list:
i. the materials are ordinarily disposed of, burned, or incinerated; or
ii. the materials contain toxic constituents listed in LAC 33:V.3105, Table 1 and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and
iii. the material may pose a substantial hazard to human health and the environment when recycled;
5. Materials That Are Not Solid Waste When Recycled
a. materials are not solid wastes when they can be shown to be recycled by being:
i. used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed; or
ii. used or reused as effective substitutes for commercial products; or
iii. returned to the original process from which they are generated, without first being reclaimed or land disposed. The material must be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the materials must be managed such that there is no placement on land. In cases where the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found at LAC 33:V.105.D.1.p apply rather than this Paragraph;
b. the following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process (described in preceding paragraphs of this definition):
i. materials used in a manner constituting disposal, or used to produce products that are applied to the land; or
ii. materials burned for energy recovery, used to produce a fuel, or otherwise contained in fuels; or
iii. materials accumulated speculatively; or
iv. inherently waste-like materials listed in Paragraph 4 of this definition;
6. respondents in actions to enforce regulations who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so:
Table 1 | ||||
Use Constituting Disposal | Energy Recovery/Fuel | Reclamation except as Provided in LAC 33:V. 105.D.1.p for Mineral Processing Secondary Materials, LAC 33:V.105.D.1.x, LAC 33:V.105.D.1.y, or LAC 33:V.105.D.1.z. | Speculative Accumulation | |
(1) | (2) | (3) | (4) | |
Spent Materials | * | * | * | * |
Sludges (listed in LAC 33:V.4901) | * | * | * | * |
Sludges exhibiting a characteristic of hazardous waste | * | * | .............. | * |
By-products (listed in LAC 33:V.4901) | * | * | * | * |
By-products exhibiting a characteristic of hazardous waste | * | * | ............ | * |
Commercial chemical products (listed in LAC 33: V.4901.E and F) | * | * | ............. | ........... |
Scrap metal that is not excluded under LAC 33:V.105. D.1.m | * | * | * | * |
Solvent-Contaminated Wipe -
1. a wipe that, after use or after cleaning up a spill:
a. contains one or more of the F001 through F005 solvents listed in LAC 33:V.4901.C, or the corresponding P- or U-listed solvents listed in LAC 33:V.4901.E or F;
b. exhibits a hazardous characteristic found in LAC 33:V.4903, when that characteristic results from a solvent listed in LAC 33:V.4901; and/or
c. exhibits only the hazardous waste characteristic of ignitability found in LAC 33:V.4903.B;
2. solvent-contaminated wipes that contain listed hazardous waste other than solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions at LAC 33:V.105.D.1.w and LAC 33:V.105.D.2.q.
Sorbent- a material that is used to soak up free liquids by either adsorption or absorption, or both. Sorb means to either adsorb or absorb, or both.
Spent Material- a spent material is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.
Spill- the accidental or intentional spilling, leaking, pumping, pouring, emitting or dumping of hazardous wastes or materials which, when spilled, become hazardous wastes into or on any land, air or water.
SPOC-the Office of Environmental Compliance, Emergency and Radiological Services Division, Single Point of Contact (SPOC).
Staging Pile- an accumulation of solid, nonflowing remediation waste (as defined in this Section) that is not a containment building and that is used only during remedial operations for temporary storage at a facility. Staging piles must be designated by the administrative authority according to the requirements of LAC 33:V.2605.
Standards- performance criteria established by department to govern the hazardous waste program.
Storage- the containment of hazardous waste for such time as may be permitted by regulations in such a manner as not to constitute disposal of hazardous waste.
Storage Facility- any environmentally sound facility used to store hazardous waste.
Sump- any pit or reservoir that meets the definition of tank and those troughs/trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities; except that, as used in the landfill, surface impoundment, and waste pile rules, sump means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system.
Surface Impoundment or Impoundment- a facility or part of a facility, which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds and lagoons.
Tank- a stationary device designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.
Tank System- a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.
Temporary Storage- storage of a generator's waste on-site for less than 90 days.
TEQ- toxicity equivalence, the international method of relating the toxicity of various dioxin/furan congeners to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin.
Thermal Treatment- the processing of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge. (See also incinerator and open burning.)
Toll Manufacturer- (for purposes of LAC 33:V.105.D.1.x) a person who produces a product or intermediate made from specified unused materials pursuant to a written contract with a tolling contractor.
Tolling Contractor- (for purposes of LAC 33:V.105.D.1.x) a person who arranges for the production of a product or intermediate made from specified unused materials through a written contract with a toll manufacturer.
Totally Enclosed Treatment Facility- a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.
Toxic Waste- a waste subject to these regulations pursuant to provisions of LAC 33:V.4903.E which, by its chemical properties, has the potential to endanger human health or other living organisms by means of acute or chronic adverse effects, including poisoning, mutagenic, teratogenic, or carcinogenic effects.
Transboundary Movement-any movement of waste from an area under the national jurisdiction of one OECD member country to an area under the national jurisdiction of another OECD member country.
Transfer Facility- any transportation-related facility, including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste or hazardous secondary materials are held during the normal course of transportation.
Transit Country- any foreign country, other than a receiving country, through which a hazardous waste is transported.
Transporter- a person engaged in the off-site transportation of hazardous waste by air, rail, highway, or water.
Transports or Transportation- the movement of hazardous waste from the point of generation or storage to the point of treatment, storage or disposal by any means of commercial or private transport. The term does not apply to the movement of hazardous wastes on the premises of a hazardous waste generator or on the premises of a permitted hazardous waste treatment, storage or disposal facility.
Transport Vehicle- a motor vehicle, aircraft, rail freight car, freight container, cargo tank, portable tank, or vessel used for the transportation of hazardous waste. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.
Treatability Study- a study in which a hazardous waste is subjected to a treatment process to determine:
1.
a. whether the waste is amenable to the treatment process;
b. what pretreatment (if any) is required;
c. the optimal process conditions needed to achieve the desired treatment;
d. the efficiency of a treatment process for a specific waste or wastes; or
e. the characteristics and volumes of residuals from a particular treatment process;
2. also included in this definition for the purpose of the LAC 33:V.105.D.5 and 6 exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A treatability study is not a means of commercially treating or disposing of hazardous waste.
Treatment- (when used in connection with hazardous waste) any method, technique, or process, including neutralization, designed to change the physical or chemical character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous.
Treatment Zone- a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed or immobilized.
Type of Waste- waste description by category as classified in LAC 33:V.Chapter 49 to these rules and regulations.
Underground Injection- the subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension. (See also injection well.)
Underground Source of Drinking Water or USDW-an aquifer or its portion:
1. which supplies any public water system; or
2. which contains a sufficient quantity of groundwater to supply a public water system; and
a. currently supplies drinking water for human consumption; or
b. contains fewer than 10,000 mg/L total dissolved solids; and
3. which is not an aquifer exempted by the Department of Natural Resources, Office of Conservation.
Underground Tank- a device meeting the definition of tank in LAC 33:V.109 whose entire surface area is totally below the surface of and covered by the ground.
Unexploded Ordnance (UXO)- military munitions that have been primed, fused, armed, or otherwise prepared for action and have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installation, personnel, or material and remain unexploded either by malfunction, design, or any other cause.
Unfit for Use Tank System- a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.
Unsaturated Zone or Zone of Aeration- the zone between the land surface and the water table.
Uppermost Aquifer- the geological formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer.
Used Oil- any oil that has been refined from crude oil or any synthetic oil that has been used and, as a result of such use, is contaminated by physical or chemical impurities.
Used or Reused Material-a material is used or reused if it is either:
1. employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or
2. employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorus precipitant and sludge conditioner in wastewater treatment).
User of the Electronic Manifest System-a hazardous waste generator; a hazardous waste transporter; an owner or operator of a hazardous waste treatment, storage, recycling, or disposal facility; or any other person that:
1. is required to use a manifest to comply with:
a. any federal or state requirement to track the shipment, transportation, and receipt of hazardous waste or other waste material that is shipped from the site of generation to an off-site designated facility for treatment, storage, recycling, or disposal; or
b. any federal or state requirement to track the shipment, transportation, and receipt of rejected wastes or regulated container residues that are shipped from a designated facility to an alternative facility, or returned to the generator; and
2. elects to use the system to obtain, complete, and transmit an electronic manifest format supplied by the EPA electronic manifest system; or
3. elects to use the paper manifest form and submits to the system for data processing purposes a paper copy of the manifest (or data from such a paper copy), in accordance with LAC 33:V.1516.B.1.e.
[NOTE: These paper copies are submitted for data exchange purposes only and are not the official copies of record for legal purposes.]
Very Small Quantity Generator-a generator who generates less than or equal to the following amounts in a calendar month:
1. 100 kilograms (220 lbs) of nonacute hazardous waste; and
2. 1 kilogram (2.2 lbs) of acute hazardous waste listed in in LAC 33:V.4901.B with the assigned hazard code of (H) or LAC 33:V.4901.E; and
3. 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in in LAC 33:V.4901.B with the assigned hazard code of (H) or LAC 33:V.4901.E.
Vessel- any type of watercraft used, or capable of being used, as a means of transportation on the water.
Volatile Waste- hydrocarbon or other waste with a vapor pressure greater than or equal to 1.5 psia.
Washout- the movement of hazardous waste from the active portion of the facility as a result of flooding.
Waste Reduction- in-plant practices that reduce, avoid or eliminate the generation of hazardous or solid waste so as to reduce the risks to human health and the environment:
1. when recycling is environmentally acceptable and is an integral part of the waste-generating industrial process or operation, such as a closed-loop application which returns potential waste as it is generated for reuse within the process, it shall be considered waste reduction. Recycling is not considered waste reduction if waste exits a process, exists as a separate identity, undergoes significant handling, or is transported from the waste-generating location;
2. actions that reduce waste volume by concentrating the hazardous content of a waste or that reduce hazard level by diluting the hazardous content are not considered waste reduction;
3. actions that change the chemical composition and the concentrations of the components of the waste, but do not change the degree of hazard of the waste are not considered waste reduction.
Wastewater Treatment Unit-a device that:
1. is part of a wastewater treatment facility that is subject to regulation under either Section 402 of the Clean Water Act or subject to regulation under LAC 33:IX.Chapter 3; and
2. receives and treats or stores an influent wastewater that is a hazardous waste as defined in LAC 33:V.109, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in LAC 33:V.109, or treats or stores a wastewater treatment sludge that is a hazardous waste as defined in LAC 33:V.109; and
3. meets the definition of a tank or tank system in LAC 33:V.109.
All sludges, floats, oils, residues, recovered organics, and inorganics from such units shall be considered to be hazardous and managed according to the applicable regulations, unless the wastes do not exhibit the characteristics of a hazardous waste, except for those specifically listed as hazardous, or the wastes are excluded under LAC 33:V.105.D.
Well- any shaft or pit dug or bored into the earth, generally of a cylindrical form, and often walled with bricks or tubing to prevent the earth from caving in.
Wipe - a woven or nonwoven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.
Zone of Engineering Control- an area under the control of the owner/operator that, upon detection of a hazardous waste release, can be readily cleaned up prior to the release of hazardous waste or hazardous constituents to groundwater or surface water.
La. Admin. Code tit. 33, § V-109