La. Admin. Code tit. 33 § V-1101

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-1101 - Applicability

A. Generators, transporters and treatment, storage, and disposal facilities are subject to the applicable manifesting requirements of Sections 1107 of this Chapter when transporting hazardous waste off-site.

B. Any person who exports or imports hazardous waste shall comply with LAC 33:V.1017 and LAC 33:V.Chapter 11.Subchapter B.

C. Any person who imports hazardous waste from a foreign country into the state of Louisiana must comply with the standards applicable to generators established in LAC 33:V.Chapter 10.

D. Manifest Copy Submission Requirements for Certain Interstate Waste

1. Shipments In any case in which the state where waste is generated or transported to a designated facility requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state where the facility is located:

a. complete the facility portion of the applicable manifest;

b. sign and date the facility certification;

c. submit a final copy of the manifest to the e-Manifest system for data processing purposes; and

d. pay the appropriate fee per manifest to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in the Code of Federal Regulations at 40 CFR 265, Subpart FF (Fees for the Electronic Hazardous Waste Manifest Program), up to date as of July 1, 2021.

E. Applicability of Electronic Manifest System and User Fee Requirements to Facilities Receiving State-Only Regulated Waste Shipments

1. For purposes of this Section, state-only regulated waste means:

a. a nonRCRA waste that a state regulates more broadly under its state regulatory program; or

b. a RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

2. Any case where a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

a. comply with the provisions of LAC 33:V.1516.B and C; and

b. pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in the Code of Federal Regulations at 40 CFR 265, Subpart FF (fees for the electronic hazardous waste manifest program), up to date as of July 1, 2021.

F. An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this Chapter. The provisions of LAC 33:V.1109.E are applicable to the on-site accumulation of hazardous waste by generators. Therefore, the provisions of LAC 33:V.1109.E only apply to owners or operators who are shipping hazardous waste which they generated at that facility. A generator who treats, stores, or disposes of hazardous waste on-site must comply with the applicable standards and permit requirements set forth in LAC 33:V.Subpart 1.

G. A person who generates a hazardous waste as defined in LAC 33:V.109 and further specified in LAC 33:V.Chapter 49 is subject to the requirements of these chapters and shall register with the department in accordance with the applicable provisions of LAC 33:V.303.

H. Persons responding to an explosives or munitions emergency in accordance with LAC 33:V.1501.C.7.a.iv or d or 4307 and 305.C.12 or 13 are not required to comply with the standards of this Chapter.

I. LAC 33:V.108.C and D must be used to determine the applicability of provisions of this Chapter that are dependent on calculations of the quantity of hazardous waste generated per month.

La. Admin. Code tit. 33, § V-1101

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 16:398 (May 1990), LR 18:1256 (November 1992), LR 20:1000 (September 1994), LR 22:20 (January 1996), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:660 (April 1998), LR 24:1106 (June 1998), LR 24:1693 (September 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 27:709 (May 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 32:822 (May 2006), LR 38:782 (March 2012), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 4440 (1/1/2018), Amended by LR 46928 (7/1/2020), Amended LR 501458 (10/1/2024).

Parts of 1101 were either revised or moved to LAC 33:V.1003 as part of the consolidation and reorganization of the generator requirements in LAC 33:V.Chapter 10.

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