La. Admin. Code tit. 33 § V-2205

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-2205 - Storage of Prohibited Wastes

A. The storage of hazardous wastes prohibited from land disposal is prohibited except under the following conditions.

1. A generator may store such wastes in tanks, containers, or containment buildings on-site solely for the purpose of accumulating such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal and the generator complies with the requirements of LAC 33:V.1013, 1015, Chapters 10, 11, 15, 17, 18, 19, 21, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 35, 37, 43, and 51.

2. An owner/operator of a hazardous waste treatment, storage, or disposal facility may store such wastes in tanks, containers, or containment buildings solely for the purpose of accumulating such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal provided that:

a. each container is clearly marked to identify its contents and with:

i. the words "Hazardous Waste";

ii. the applicable EPA hazardous waste number(s) (EPA hazardous waste codes) in LAC 33:V.4901 and 4903; or use a nationally recognized electronic system, such as bar coding, to identify the EPA hazardous waste number(s);

iii. an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the U.S. Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the U.S. Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704); and

iv. the date each period of accumulation begins; and

b. each tank is clearly marked with a description of its contents, the quantity of each hazardous waste received, and the date each period of accumulation begins, or such information for each tank is recorded and maintained in the operating record at that facility. Regardless of whether the tank itself is marked, an owner/operator must comply with the operating record requirements specified in LAC 33:V.1529 or 4357.

3. A transporter may store manifested shipments of such wastes at a transfer facility for 10 days or less with the approval of the administrative authority in accordance with LAC 33:V.1305.

B. An owner/operator of a treatment, storage, or disposal facility may store such wastes for up to one year provided that such storage is solely for the purpose of accumulating such quantities of hazardous wastes as are necessary to facilitate proper recovery, treatment, or disposal. In response to a request from the administrative authority, the owner/operator must prove that storage for less than one year is solely for the purpose of accumulating such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.

C. An owner/operator of a treatment, storage, or disposal facility may store such wastes beyond one year with the approval of the administrative authority; however, the owner/operator bears the burden of proving that such storage is solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.

D. The prohibition in Subsection A of this Section does not apply to hazardous wastes that are the subject of an approval under LAC 33:V.2241 or 2271, or a determination under LAC 33:V.2273, a case-by-case extension of time under LAC 33:V.2239, or a national capacity variance.

E. The prohibition in Subsection A of this Section does not apply to hazardous wastes that:

1. meet the treatment standards specified under LAC 33:V.2223 or 2227; or

2. have been granted a variance under LAC 33:V.2231; or

3. if treatment standards have not been specified, are in compliance with the applicable prohibitions specified in LAC 33:V.2213.

F. Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm must be stored at a facility that meets the requirements of 40 CFR 761.65(b) and must be removed from storage and treated or disposed as required by this Chapter within one year of the date when such wastes are first placed into storage. The provisions of Subsection C of this Section do not apply to PCB wastes prohibited under LAC 33:V.2213.

G. Notwithstanding the above, any storage facility must be in full compliance with all applicable hazardous waste rules pertaining to storage.

H. The prohibition and requirements in this Section do not apply to hazardous remediation wastes stored in a staging pile approved in accordance with to LAC 33:V.2605.

La. Admin. Code tit. 33, § V-2205

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 15:378 (May 1989), amended LR 16:220 (March 1990), LR 17:658 (July 1991), LR 21:266 (March 1995), LR 22:22 (January 1996), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:1724 (September 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1799 (October 1999), LR 26:280 (February 2000), LR 27:711 (May 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 32:827 (May 2006), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46936 (7/1/2020).

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