La. Admin. Code tit. 33 § V-3001

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

Section V-3001 - Applicability

A. The regulations of this Chapter apply to hazardous waste burned for energy or material recovery in a boiler or industrial furnace (as defined in LAC 33:V.109) irrespective of the purpose of burning or processing, except as provided by Subsections B-D, G, and H of this Section. In this Chapter, the term burn means burning for energy recovery or destruction, or processing for materials recovery or as an ingredient. The emissions standards of LAC 33:V.3009-3015 apply to facilities operating under interim status or under a hazardous waste permit as specified in LAC 33:V.3005 and 3007.

B. Integration of the MACT Standards

1. Except as provided by Paragraphs B.2-4 of this Section, the standards of this Chapter do not apply to a new hazardous waste boiler or industrial furnace unit that becomes subject to RCRA permit requirements after October 12, 2005, and no longer apply when an owner or operator of an existing hazardous waste boiler or industrial furnace unit demonstrates compliance with the maximum achievable control technology (MACT) requirements of 40 CFR Part 63, Subpart EEE, as incorporated by reference at LAC 33:III.5122, by conducting a comprehensive performance test and submitting to the administrative authority a notification of compliance under 40 CFR 63.1207(j) and 63.1210(d) documenting compliance with the requirements of 40 CFR Part 63, Subpart EEE. Nevertheless, even after this demonstration of compliance with the MACT standards, RCRA permit conditions that were based on the standards of this Chapter will continue to be in effect until they are removed from the permit or the permit is terminated or revoked, unless the permit expressly provides otherwise.

2. The following standards continue to apply:

a. if the owner or operator elects to comply with LAC 33:V.2001.A.1.a to minimize emissions of toxic compounds from startup, shutdown, and malfunction events, LAC 33:V.3005.E.1, requiring operations in accordance with the operating requirements specified in the permit at all times that hazardous waste is in the unit, and LAC 33:V.3005.E.2.c, requiring compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes. These provisions apply only during startup, shutdown, and malfunction events;

b. the closure requirements of LAC 33:V.3005.I and 3007.L;

c. the standards for direct transfer of LAC 33:V.3023;

d. the standards for regulation of residues of LAC 33:V.3025; and

e. the applicable requirements of LAC 33:V.Chapters 15, 17 (Subchapters B and C), 33, 35, 37, and 43 (Subchapters A-G, R, and V), 4301.A-D, F, H, and J, and 4306.

3. The owner or operator of a boiler or hydrochloric acid production furnace that is an area source as defined in LAC 33:III.5103.A that elects not to comply with the emission standards of 40 CFR 63.1216-1218 for particulate matter, semivolatile and low volatile metals, and total chlorine, also remains subject to:

a. LAC 33:V.3011-Standards to Control Particulate Matter;

b. LAC 33:V.3013-Standards to Control Metals Emissions, except for mercury; and

c. LAC 33:V.3015-Standards to Control Hydrogen Chloride (HCl) and Chlorine Gas (Cl₂) Emissions.

4. The particulate matter standard of LAC 33:V.3011 remains in effect for boilers that elect to comply with the alternative to the particulate matter standard under 40 CFR 63.1216(e) and 63.1217(e).

C. The following hazardous wastes and facilities are not subject to regulation under this Chapter:

1. used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in LAC 33:V.4903. Such used oil is subject to regulation under LAC 33:V.Chapter 40;

2. gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery;

3. hazardous wastes that are exempt from regulation under LAC 33:V.105.D and 4105.A.l.c-d.m, and hazardous wastes that are subject to the special requirements for very small quantity generators under LAC 33:V.1007 and 1009; and

4. coke ovens, if the only hazardous waste burned is EPA Hazardous Waste Number K087, decanter tank tar sludge from coking operations.

D. Owners or operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, but not including cement kilns, aggregate kilns, or halogen acid furnaces burning hazardous waste) that process hazardous waste solely for metal recovery are conditionally exempt from regulation under this Section, except for LAC 33:V.3003 and 3005.

1. To be exempt from LAC 33:V.3005-3023, an owner or operator of a metal recovery furnace or mercury recovery furnace must comply with the following requirements, except that an owner or operator of a lead or a nickel-chromium recovery furnace or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing must comply with the requirements of Paragraph D.3 of this Section, and owners or operators of lead recovery furnaces that are subject to regulation under the Secondary Lead Smelting NESHAP must comply with the requirements of Subsection H of this Section:

a. provide a one-time written notice to the administrative authority indicating the following:

i. the owner or operator claims exemption under this Paragraph;

ii. the hazardous waste is burned solely for metal recovery consistent with the provisions of Paragraph D.2 of this Section;

iii. the hazardous waste contains recoverable levels of metals; and

iv. the owner or operator will comply with the sampling and analysis and recordkeeping requirements of this Paragraph;

b. sample and analyze the hazardous waste and other feedstocks as necessary to comply with the requirements of this Section by using appropriate methods; and

c. maintain at the facility for at least three years records to document compliance with the provisions of this Paragraph including limits on levels of toxic organic constituents and Btu value of the waste, and levels of recoverable metals in the hazardous waste compared to normal nonhazardous waste feedstocks.

2. A hazardous waste meeting either of the following criteria is not processed solely for metal recovery:

a. the hazardous waste has a total concentration of organic compounds listed in LAC 33:V.4901.G, Table 6 exceeding 500 ppm by weight, as-fired and so is considered to be burned for destruction. The concentration of organic compounds in a waste as-generated may be reduced to the 500 ppm limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the 500 ppm limit is prohibited and documentation that the waste has not been impermissibly diluted must be retained in the records required by Subparagraph D.1.c of this Section; or

b. the hazardous waste has a heating value of 5,000 Btu/lb or more as-fired and so is considered to be burned as fuel. The heating value of a waste as-generated may be reduced to below the 5,000 Btu/lb limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the 5,000 Btu/lb limit is prohibited and documentation that the waste has not been impermissibly diluted must be retained in the records required by Subparagraph D.1.c of this Section.

3. To be exempt from LAC 33:V.3005-3023, an owner or operator of a lead or nickel-chromium or mercury recovery furnace (except for owners or operators of lead recovery furnaces subject to regulation under the Secondary Lead Smelting NESHAP) or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing must provide a one-time written notice to the administrative authority identifying each hazardous waste burned, specifying whether the owner or operator claims an exemption for each waste under Paragraph D.1 or 3 of this Section. The owner or operator must comply with the requirements of Paragraph D.1 of this Section for those wastes claimed to be exempt under that Section and must comply with the requirements below for those wastes claimed to be exempt under this Section.

a. The hazardous wastes listed in 40 CFR 266, Appendices XI, XII, and XIII, as adopted and amended at LAC 33:V.3099.Appendices J, K, and L, and baghouse bags used to capture metallic dusts emitted by steel manufacturing are exempt from the requirements of Paragraph D.1 of this Section, provided that:

i. a waste listed in 40 CFR 266, Appendix XI, as adopted at LAC 33:V.3099.Appendix J, contains recoverable levels of lead; a waste listed in 40 CFR 266, Appendix XII, as adopted and amended at LAC 33:V.3099.Appendix K, contains recoverable levels of nickel or chromium; a waste listed in 40 CFR 266, Appendix XIII, as adopted and amended at LAC 33:V.3099.Appendix L, contains recoverable levels of mercury and less than 500 ppm of LAC 33:V.3105, Table 1 organic constituents; and baghouse bags used to capture metallic dusts emitted by steel manufacturing contain recoverable levels of metal;

ii. the waste does not exhibit the Toxicity Characteristic of LAC 33:V.4903.E for an organic constituent;

iii. the waste is not a hazardous waste listed in LAC 33:V.4901 because it is listed for an organic constituent as identified in LAC 33:V.4901.G, Table 6; and

iv. the owner or operator certifies in the one-time notice that hazardous waste is burned under the provisions of Paragraph D.3 of this Section and that sampling and analysis will be conducted or other information will be obtained as necessary to ensure continued compliance with these requirements. Sampling and analysis shall be conducted according to Subparagraph D.1.b of this Section; records to document compliance with Paragraph D.3 of this Section shall be kept for at least three years.

b. The administrative authority may decide on a case-by-case basis that the toxic organic constituents in a material listed in 40 CFR 266, Appendix XI, XII, or XIII, as adopted and amended at LAC 33:V.3099.Appendices K, L, and M, that contains a total concentration of more than 500 ppm toxic organic compounds listed in LAC 33:V.3105, Table 1 may pose a hazard to human health and the environment when burned in a metal recovery furnace exempt from the requirements of this Chapter. In that situation, after adequate notice and opportunity for comment, the metal recovery furnace will become subject to the requirements of this Chapter when burning that material. In making the hazard determination, the administrative authority will consider the following factors:

i. the concentration and toxicity of organic constituents in the material;

ii. the level of destruction of toxic organic constituents provided by the furnace; and

iii. whether the acceptable ambient levels established in 40 CFR 266, Appendix IV or V, as adopted and amended at LAC 33:V.3099.Appendices D and E, may be exceeded for any toxic organic compound that may be emitted based on dispersion modeling to predict the maximum annual average off-site ground level concentration.

E. The standards for direct transfer operations under LAC 33:V.3023 apply only to facilities subject to the permit standards of LAC 33:V.3005 or the interim status standards of LAC 33:V.3007.

F. The management standards for residues under LAC 33:V.3025 apply to any boiler or industrial furnace burning hazardous waste.

G. Owners or operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, but not including cement kilns, aggregate kilns, or halogen acid furnaces burning hazardous waste) that process hazardous waste for recovery of economically significant amounts of the precious metals gold, silver, platinum, palladium, iridium, osmium, rhodium, or ruthenium or any combination of these are conditionally exempt from regulation under this Section, except for LAC 33:V.3025.

1. To be exempt from LAC 33:V.3005-3023, an owner or operator must:

a. provide a one-time written notice to the administrative authority indicating the following:

i. the owner or operator claims exemption under this Paragraph;

ii. the hazardous waste is burned solely for legitimate metal recovery; and

iii. the owner or operator will comply with the sampling, analysis, and recordkeeping requirements of this Paragraph;

b. sample and analyze the hazardous waste as necessary to document that the waste contains economically significant amounts of the metals and that the treatment recovers economically significant amounts of precious metal; and

c. maintain at the facility for at least three years records to document that all hazardous wastes burned are for recovery of economically significant amounts of precious metal.

H. Starting June 23, 1997, owners or operators of lead recovery furnaces that process hazardous waste for recovery of lead and that are subject to regulation under the Secondary Lead Smelting NESHAP, are conditionally exempt from regulation under this Chapter, except for LAC 33:V.3003. To be exempt, an owner or operator must provide a one-time notice to the administrative authority identifying each hazardous waste burned and specifying that the owner or operator claims an exemption under this Subsection. The notice also must state that the waste burned has a total concentration of nonmetal compounds listed in LAC 33:V.3105, Table 1 of less than 500 ppm by weight, as fired and as provided in Subparagraph D.2.a of this Section, or is listed in LAC 33:V.3099.Appendix K.

La. Admin. Code tit. 33, § V-3001

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 18:1375 (December 1992), amended LR 21:266 (March 1995), LR 21:944 (September 1995), LR 22:821, 835 (September 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1466 (August 1999), LR 27:297 (March 2001), LR 27:712 (May 2001), LR 29:323 (March 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 32:607 (April 2006), LR 34:628 (April 2008), LR 34:1014 (June 2008), Amended by the Office of the Secretary, Legal Division, LR 431145 (6/1/2017), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46939 (7/1/2020).

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