La. Admin. Code tit. 43 § XIX-503

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

Section XIX-503 - General Requirements for Generators of E and P Waste

A. E and P Waste Characterization

1. Generators of E and P Waste must be familiar with the components of the E and P Waste they generate.

2. If not previously characterized, E and P Waste characterization procedures should be undertaken to determine the constituents of E and P Waste prior to disposal.

3. At a minimum, E and P Waste should be tested for the following constituents: pH, TPH, EC, TCLP benzene, SAR, ESP and the following metals: As, Ba, Cd, Cr, Cu, Pb, Hg, Mo, Ni, Se, Ag and Zn.

4. E and P Waste should be re-characterized if the waste generation process changes significantly (e.g., process change, chemical additives, etc.).

5. E and P Waste which is to be taken offsite or has been taken offsite for storage, treatment, or disposal may be required to be sampled and analyzed in accordance with EPA protocols or Office of Conservation (OC) approved procedures.

B. The unpermitted or unauthorized onsite or offsite storage, treatment, disposal or discharge of E and P Waste is prohibited and is a violation of these rules.

C. Subsurface disposal of salt water is required and regulated by LAC 43:XIX.401 et seq. The requirements of this Chapter do not apply to either lease saltwater disposal wells or to community saltwater disposal wells.

D. The generator is responsible for the proper handling and transportation of E and P Waste taken offsite for storage, treatment, or disposal to assure its proper delivery to an approved commercial facility or transfer station or other approved storage, treatment or disposal facility. Failure to properly transport and dispose of E and P Waste shall subject the generator to penalties provided for in R.S. 30:18. Each shipment must be documented as required by §545

E. At the option of the generator, E and P Waste may be treated and/or disposed at Department of Natural Resources (DNR) permitted commercial facilities and transfer stations under the provisions of this Chapter or Department of Environmental Quality (DEQ) permitted facilities as defined by LAC 33:V and VII which are permitted to receive E and P Waste which are subject to relevant DEQ regulations. If received, stored, treated and/or disposed at a DEQ regulated facility, E and P Waste would become the sole regulatory responsibility of DEQ upon receipt.

F. Requirements for E and P Waste Type 06 (Storage Tank Sludge) and E and P Waste Type 12 (Gas Plant Waste Solids)

1. Generators of Waste Type 06 are hereby made aware that commercial land treatment facilities must manage such waste in compliance with the location criteria of §507. A.3 and the maximum permissible concentration (MPC) requirements of §549. C.7.c and d for total benzene.

2. Waste Types 12 is not required to be tested for benzene if disposed at commercial facilities that utilize treatment options other than land treatment (see §547).

3. Prior to shipment and disposal at commercial land treatment facilities, natural gas plant processing waste solids (gas plant waste- Waste Type 12) must be analyzed for the chemical compound benzene (C₆H₆). Testing must be performed by a DEQ certified laboratory in accordance with procedures presented in the Laboratory Manual for the Analysis of E and P Waste (Department of Natural Resources, August 9, 1988, or latest revision).

4. Subject to the requirements of §507. A.3 and §549. C.7 a, Waste Type 12 may be disposed at any commercial land treatment facility if test data indicates the waste is less than or equal to the MPC of 3198 mg/kg total benzene.

5. If test data indicates the concentration of total benzene in Waste Type 12 is above 3198 mg/kg (MPC criteria), the following disposal options are available:

a. dispose of the waste at a permitted commercial facility that utilizes an E and P Waste treatment or disposal option other than land treatment;

b. treat the waste (on-site) to a concentration of total benzene equal to or below 3198 mg/kg prior to off-site shipment to any commercial land treatment facility;

c. dispose of the E and P Waste at a commercial land treatment facility that has been approved for the receipt, storage, treatment and disposal of E and P Waste that exceeds a total benzene concentration of 3198 mg/kg; or

d. dispose of the E and P Waste at Department of Environmental Quality (DEQ) permitted facilities as defined by LAC 33:V and VII, pursuant to the provisions of §503. E above.

6. If a generator chooses to dispose of Waste Type 12 at a commercial land treatment facility, the generator must attach a copy of the laboratory report to the manifest which accompanies each shipment of the E and P Waste.

7. Commercial land treatment facilities may not receive, store, treat or dispose of E and P Waste Type 12, gas plant waste solids, unless the requirements of §505. B have been met.

G. Prohibition of Waste Mixing

1. A mixture of E and P Wastes containing amounts greater than residual quantities of Waste Type 06 (and associated wash water) shall be designated as Waste Type 06, and if land treated, must meet the distance requirements for Waste Type 06 in §507. A.3 below.

2. Mixing Waste Type 12 with any other E and P Waste type prior to sampling and shipment to a commercial land treatment facility or transfer station is strictly prohibited.

3. Any inadvertent or unavoidable mixture of E and P Wastes containing any quantity of Waste Type 12 (and associated wash water) must meet the MPC testing criteria of §549. C.7.a for total benzene and must meet the distance requirements for Waste Type 12 in §507. A 3

H. General Reporting Requirements

1. Any spills which occur during the offsite transportation of E and P Waste shall be reported by phone to the Office of Conservation, within 24 hours of the spill and the appropriate state and federal agencies.

2. Operators (generators) are required to report the discovery of any unauthorized disposal of E and P Waste by transporters, or any other oilfield contracting company.

3. Within six months of the completion of the drilling or workover of any well permitted by the Office of Conservation, the operator (generator) shall comply with the reporting requirements of LAC 43:XIX.303 or successor regulations regarding the disposition of any E and P Wastes.

La. Admin. Code tit. 43, § XIX-503

Promulgated by the Department of Natural Resources, Office of Conservation, LR 26:2813 (December 2000), amended LR 27:1900 (November 2001), LR 29:937 (June 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.