La. Admin. Code tit. 33 § V-3115

Current through Register Vol. 50, No. 6, June 20, 2024

Section V-3115 - Incinerator Permits for New or Modified Facilities

A. Conditions. For the purposes of determining operational readiness following completion of physical construction, the administrative authority must establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to bring the incinerator to a point of operation readiness sufficient to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste. The administrative authority may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to LAC 33:V.321.

1. Applicants must submit a statement in the permit application which suggests the conditions necessary to operate in compliance with the performance standard of LAC 33:V.3111 during this period. This statement should include, at a minimum, restrictions on waste constituents, waste feed rates, and the operating parameters identified in LAC 33:V.3117.

2. The administrative authority will review this statement and any other relevant information submitted with the permit application and specify requirements for this period sufficient to meet the performance standards of LAC 33:V.3111 based on his engineering judgment.

B. For the purpose of determining feasibility of compliance with the performance standards of LAC 33:V.3111 and of determining adequate operating conditions under LAC 33:V.3117, the administrative authority must establish conditions in the permit for a new hazardous waste incinerator to be effective during the trial burn. Applicants must propose a trial burn plan which includes the following information:

1. an analysis of each waste or mixture of wastes to be burned which includes:

a. heat value of the waste in the form and composition in which it will be burned;

b. viscosity (if applicable), or description of physical form of the waste; and

c. an identification of any hazardous, organic constituents listed in LAC 33:V.3105, Table 1, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in LAC 33:V.3105, Table 1 that would reasonably not be expected to be found in the waste. The constituents excluded from analysis must be identified, and the basis for their exclusion stated. The waste analysis must rely on appropriate analytical techniques;

d. an approximate quantification of the hazardous constituents identified in the waste, within the precision produced by appropriate analytical methods;

2. a detailed engineering description of the incinerator for which the permit is sought including:

a. manufacturer's name and model number of incinerator (if available);

b. type of incinerator;

c. linear dimensions of the incinerator unit including the cross sectional area of combustion chamber;

d. description of the auxiliary fuel system (type/feed);

e. capacity of prime mover;

f. description of automatic waste feed cut-off system(s);

g. stack gas monitoring and pollution control equipment;

h. nozzle and burner design;

i. construction materials; and

j. location and description of temperature, pressure, and flow indicating and control devices;

3. a detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis;

4. a detailed test schedule for each waste for which the trial burn is planned including date(s), duration, quantity of waste to be burned, and other factors relevant to the administrative authority's decision under this Section;

5. a detailed test protocol, including, for each waste identified, the ranges of temperature, waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the incinerator;

6. a description of, and planned operating conditions for, any emission control equipment which will be used;

7. procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction; and

8. such other information as the administrative authority reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this Subsection and the criteria in LAC 33:V.3115.B.11;

9. the administrative authority, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this Section;

10. based on the waste analysis data in the trial burn plan, the administrative authority will specify as trial Principal Organic Hazardous Constituents (POHCs), those constituents for which destruction and removal efficiencies must be calculated during the trial burn. These trial POHCs will be specified by the administrative authority based on his estimate of the difficulty of incineration of the constituents identified in the waste analysis, their concentration or mass in the waste feed, and, for wastes listed in LAC 33:V.Chapter 49 and LAC 33:V.3105, Table 1;

11. the administrative authority shall approve a trial burn plan if he finds that:

a. the trial burn is likely to determine whether the incinerator performance standard required by LAC 33:V.3111 can be met;

b. the trial burn itself will not present an imminent hazard to human health or the environment;

c. the trial burn will help the administrative authority to determine operating requirements to be specified in LAC 33:V.3117; and

d. the information sought in this Section cannot reasonably be developed through other means;

12. the administrative authority must send a notice to all persons on the facility mailing list, as set forth in LAC 33:V.717.A.1.e, and to the appropriate units of state and local government, as set forth in LAC 33:V.717.A.1.b, announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the administrative authority has issued such notice:

a. this notice must be mailed within a reasonable time period before the scheduled trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the permitting agency;

b. this notice must contain:

i. the name and telephone number of the applicant's contact person;

ii. the name and telephone number of the permitting agency's contact office;

iii. the location where the approved trial burn plan and any supporting documents can be reviewed and copied; and

iv. an expected time period for commencement and completion of the trial burn;

13. during, or immediately after, each approved trial burn the applicant must make the following determinations when a DRE trial burn is required under LAC 33:V.3009.A:

a. a quantitative analysis of the trial POHCs in the waste feed;

b. a quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial POHCs, oxygen (O₂) and hydrogen chloride (HCl);

c. a quantitative analysis of the scrubber water (if any), ash residues, and other residues, for the purpose of estimating the fate of the trial POHCs;

d. a computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in LAC 33:V.3111;

e. if the HCl emission rate exceeds 1.8 kilograms of HCl per hour (4 pounds per hour), a computation of HCl removal efficiency in accordance with LAC 33:V.3111;

f. a computation of particulate emissions, in accordance with LAC 33:V.3111;

g. an identification of sources of fugitive emissions and their means of control;

h. a measurement of average, maximum, and minimum temperatures and combustion gas velocity;

i. a continuous measurement of carbon monoxide (CO) in the exhaust gas; and

j. such other information as the administrative authority may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in LAC 33:V.3111 and to establish the operating conditions required by LAC 33:V.3117 as necessary to meet that performance standard;

14. the applicant must submit to the Office of Environmental Services a certification that the trial burn has been carried out in accordance with the approved trial burn plan, and must submit the results of all the determinations required in Paragraph B.13 of this Section. This submission shall be made within 90 days of completion of the trial burn, or later if approved by the administrative authority;

15. all data collected during any trial burn must be submitted to the Office of Environmental Services following the completion of the trial burn;

16. all submissions required by this Subsection must be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under LAC 33:V.507 and 509;

17. based on the results of the trial burn, the administrative authority shall set the operating requirements in the final permit according to LAC 33:V.3117. The permit modification shall proceed according to LAC 33:V.321.C.

C. For the purposes of allowing operation of a new hazardous waste incinerator, following completion of the trial burn and prior to final modification of the permit conditions to reflect the trial burn results, the administrative authority may establish permit conditions, including, but not limited to, allowable waste feeds and operating conditions sufficient to meet the requirements of LAC 33:V.3117, in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to complete sample analysis, data computation and submission of the trial burn results by the applicant, and modification of the facility permit by the administrative authority.

1. Applicants must submit a statement in the permit application, which identifies the conditions necessary to operate in compliance with the performance standards of LAC 33:V.3111 during this period. This statement should include, at a minimum, restrictions on waste constituents, waste feed rates and the operating parameters in LAC 33:V.3117.

2. The administrative authority will review this statement and any other relevant information submitted with the permit application and specify those requirements for this period most likely to meet the performance standards of LAC 33:V.3111 based on his engineering judgment.

D. For the purposes of determining feasibility of compliance with the performance standards of LAC 33:V.3111 and of determining adequate operating conditions under LAC 33:V.3117, the applicant for a permit for an existing hazardous waste incinerator must prepare and submit to the Office of Environmental Services a trial burn plan and perform a trial burn in accordance with LAC 33:V.529.B and Paragraphs B.1-11 and 13-16 of this Section or, instead, submit other information as specified in LAC 33:V.529.C. The administrative authority must announce his or her intention to approve the trial burn plan in accordance with the timing and distribution requirements of Paragraph B.12 of this Section. The contents of the notice must include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the permitting agency; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for agency approval of the plan and the time period during which the trial burn would be conducted. Applicants submitting information under LAC 33:V.529.A are exempt from compliance with LAC 33:V.3111 and 3117 and, therefore, are exempt from the requirements to conduct a trial burn. Applicants who submit trial burn plans and receive approval before submission of a permit application must complete the trial burn and submit the results, specified in Paragraph B.13 of this Section, with Part II of the permit application. If completion of this process conflicts with the date set for submission of the Part II application, the applicant must contact the administrative authority to establish a later date for submission of the Part II application or the trial burn results. Trial burn results must be submitted prior to issuance of a permit. When the applicant submits a trial burn plan with Part II of the permit application, the administrative authority will specify a time period prior to permit issuance in which the trial burn must be conducted and the results submitted.

E. When an owner or operator of a hazardous waste incineration unit becomes subject to RCRA permit requirements after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the air emission standards and limitations in 40 CFR Part 63, Subpart EEE, as incorporated by reference at LAC 33:III.5122 (i.e., by conducting a comprehensive performance test and submitting a notification of compliance under 40 CFR 63.1207(j) and 63.1210(d) documenting compliance with all applicable requirements of 40 CFR Part 63, Subpart EEE), the requirements of this Section do not apply, except those provisions the administrative authority determines are necessary to ensure compliance with LAC 33:V.3117.A and C 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. Nevertheless, the administrative authority may apply the provisions of this Section, on a case-by-case basis, for purposes of information collection in accordance with LAC 33:V.303.Q-R and 311.E-F.

La. Admin. Code tit. 33, § V-3115

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 10:496 (July 1984), LR 16:614 (July 1990), LR 18:1256 (November 1992), LR 22:828, 835 (September 1996), amended by the Office of Waste Services, Hazardous Waste Division, LR 24:683 (April 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2484 (November 2000), LR 27:302 (March 2001), LR 29:324 (March 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2464 (October 2005), LR 33:2115 (October 2007), LR 34:630 (April 2008), LR 34:1016 (June 2008).

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