A. Applicability 1. This regulatory permit authorizes the installation and use of portable air curtain incinerators, subject to the requirements established herein, upon notification by the administrative authority that the application (i.e., notification form) submitted in accordance with Subsection E of this Section has been determined to be complete. This regulatory permit also authorizes the engine that drives the fan mechanism and the associated fuel storage tank.2. This regulatory permit does not apply to an air curtain incinerator that: a. has a manufacturer's rated capacity greater than 10 tons per hour;b. is operated at a commercial/industrial or institutional facility;c. combusts construction/demolition (C&D) debris as defined in LAC 33:VII.115;d. incinerates waste, including yard waste, collected from the general public; collected from residential, commercial, institutional, or industrial sources; or otherwise generated at a location other than the operational site; ore. remains at a single operational site (not to include storage locations) for more than 90 consecutive days.Air Curtain Incinerator(ACI)- an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor.
Commercial/Industrial Facility - any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange, or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. Such facilities include stores, offices, restaurants, warehouses, and other similar establishments.
Institutional Facility- a facility operated by an organization having a governmental, educational, civic, or religious purpose, such as a school, hospital, prison, military installation, church, or other similar establishment.
Yard Waste- grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs, originating from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands.
C. Operating Requirements 1. Visible Emissions a. Opacity from the ACI shall not exceed 20 percent, except for a 30-minute start-up period once per day during which opacity shall not exceed 35 percent.b. The emission of smoke, suspended particulate matter, or uncombined water, or any air contaminants or combinations thereof, that passes onto or across a public road and creates a traffic hazard by impairment of visibility, as defined in LAC 33:III.111, or intensifies an existing traffic hazard condition is prohibited.c. The owner or operator shall conduct a 6-minute opacity reading in accordance with Method 9 of 40 CFR 60, Appendix A, upon request of the department. Results shall be kept on-site and available for inspection by the Office of Environmental Compliance.2. Approved Wastes a. The ACI shall be used to burn only untreated wood, wood refuse, untreated wood products (i.e., crates, pallets, etc.), trees, branches, leaves, grass, and/or other vegetable matter.b. The owner or operator shall use only clean oils (e.g., diesel fuel, No. 2 fuel oil, kerosene) to ignite waste.3. Operating Locations a. The owner or operator shall not locate the ACI at any permitted municipal or sanitary landfill.b. The ACI must be situated at least 1,000 feet from any dwelling other than a dwelling or structure located on the property on which the burning is conducted, unless the location has been approved by the appropriate DEQ Regional Office.c. Relocation. The owner or operator shall notify the department prior to moving the ACI to a new operating site. Approval must be obtained before operations at the new site can commence.4. The owner or operator shall restrict incineration to the time period from 8 a.m. to 5 p.m. each day. Piles of combustible material should be of such size as to allow complete reduction in this time interval.5. The owner or operator shall obtain all necessary permits from local and/or state agencies.6. The owner or operator shall install on the ACI a manufacturer's nameplate giving the manufacturer's name and the unit's model number and capacity.7. The owner or operator shall maintain the ACI to design standards and shall not operate the ACI if any equipment is malfunctioning.8. The owner or operator shall use care to minimize the amount of dirt on the material being burned.9. Material shall not be added to the ACI in such a manner as to be stacked above the air curtain.10. An operator shall remain with the ACI at all times when it is operating.11. Operation of the ACI shall be limited to no more than 1,500 hours per calendar year.D. Recordkeeping and Reporting 1. A daily record of the hours of operation of the ACI shall be kept on-site and available for review by the Office of Environmental Compliance. Daily records shall include the time combustion commences and the time the fire is completely extinguished.2. Annual hours of operation for the preceding calendar year shall be reported to the Office of Environmental Compliance annually by February 15.E. Notification Requirements . Written notification describing the planned activity shall be submitted to the Office of Environmental Services using the appropriate form provided by the department. A separate notification shall be submitted for each air curtain incinerator.F. In accordance with LAC 33:III.Chapter 2, the fee for this regulatory permit is $2,634 (fee number 1520). If emissions from the ACI are such that it qualifies for a small source permit as described in LAC 33:III.503.B.2, the fee is $785 (fee number 1722), in accordance with LAC 33:III.211.B.13.e. In accordance with LAC 33:III.209 and 211, the annual maintenance fee associated with this regulatory permit shall be $526, if fee number 1520 is applicable, or $250, if fee number 1722 is applicable.La. Admin. Code tit. 33, § III-313
Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 35:460 (March 2009), Amended by the Office of the Secretary, Legal Division, LR 43942 (5/1/2017).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.