La. Admin. Code tit. 33 § V-4513

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

Section V-4513 - Applicability

A. The regulations in this Section apply to owners or operators of hazardous waste incinerators (as defined in LAC 33:V.109) except as LAC 33:V.4307 provides otherwise.

B. Integration of the MACT Standards

1. Except as provided by Paragraphs B.2 and 3 of this Section, the standards of this Chapter no longer apply when an owner or operator 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.

2. The following requirements continue to apply even where the owner or operator has demonstrated compliance with the MACT requirements of 40 CFR part 63, subpart EEE, LAC 33:V.4521 (closure), and the applicable requirements of LAC 33:V.4301.A-D, F, H, and J, 4306, and Chapter 43 (Subchapters A-G, R, and V).

3. LAC 33:V.4517.A, generally prohibiting burning of hazardous waste during startup and shutdown, remains in effect if the owner or operator elects to comply with LAC 33:V.2001.B.1.a to minimize emissions of toxic compounds from startup and shutdown.

C. Owners or operators of incinerators burning hazardous waste are exempt from all of the requirements of this Section, except LAC 33:V.4521 (Closure), provided that the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents listed in LAC 33:V.3105, Table 1, and such documentation is retained at the facility, if the waste to be burned is:

1. listed as a hazardous waste in LAC 33:V.4901, solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or

2. listed as a hazardous waste in LAC 33:V.4901, solely because it is reactive (Hazard Code R) for characteristics other than those listed in LAC 33:V.4903.D.4 and 5, and will not be burned when other hazardous wastes are present in the combustion zone; or

3. a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous wastes under LAC 33:V.4903; or

4. a hazardous waste solely because it possesses the reactivity characteristics described by LAC 33:V.4903.D.1-3 and 6-8, and will not be burned when other hazardous wastes are present in the combustion zone.

La. Admin. Code tit. 33, § V-4513

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 15:737 (September 1989), amended LR 16:220 (March 1990), LR 18:1375 (December 1992), LR 20:1000 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 27:303 (March 2001), LR 29:324 (March 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 34:635 (April 2008), Amended by the Office of the Secretary, Legal Division, LR 431149 (6/1/2017).

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