La. Admin. Code tit. 33 § V-535

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

Section V-535 - Specific Part II Information Requirements for Boilers and Industrial Furnaces Burning Hazardous Waste for Energy or Material Recovery and Not for Destruction

A. Trial Burns

1. General. Except as provided below, owners or operators that are subject to the standards to control organic emissions provided by LAC 33:V.3009, standards to control particulate matter provided by LAC 33:V.3011, standards to control metals emissions provided by LAC 33:V.3013, or standards to control hydrogen chloride or chlorine gas emissions provided by LAC 33:V.3015 must conduct a trial burn to demonstrate conformance with those standards and must submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with LAC 33:V.537.

a. A trial burn to demonstrate conformance with a particular emission standard may be waived under provisions of LAC 33:V.3009-3015 and LAC 33:V.535.A.2-5.

b. The owner or operator may submit data in lieu of a trial burn, as prescribed in LAC 33:V.535.A.6.

2. Waiver of Trial Burn for DRE

a. Boilers Operated under Special Operating Requirements. When seeking to be permitted under LAC 33:V.3009.A.4 and 3021 that automatically waive the DRE trial burn, the owner or operator of a boiler must submit documentation that the boiler operates under the special operating requirements provided by LAC 33:V.3021.

b. Boilers and Industrial Furnaces Burning Low Risk Waste. When seeking to be permitted under the provisions for low risk waste provided by LAC 33:V.3009.A.5 and 3019.A that waive the DRE trial burn, the owner or operator must submit:

i. documentation that the device is operated in conformance with the requirements of LAC 33:V.3019.A.1;

ii. results of analyses of each waste to be burned, documenting the concentrations of nonmetal compounds listed in LAC 33:V.4901.G, Table 6, except for those constituents that would reasonably not be expected to be in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion explained. The analysis must rely on appropriate analytical techniques;

iii. documentation of hazardous waste firing rates and calculations of reasonable, worst-case emission rates of each constituent identified in LAC 33:V.535.A.2.b.ii using procedures provided by LAC 33:V.3019.A.2.b;

iv. results of emissions dispersion modeling for emissions identified in LAC 33:V.535.A.2.b.iii using modeling procedures prescribed by LAC 33:V.3013.H. The administrative authority will review the emission modeling conducted by the applicant to determine conformance with these procedures. The administrative authority will either approve the modeling or determine that alternate or supplementary modeling is appropriate; and

v. documentation that the maximum annual average ground level concentration of each constituent identified in Clause A.2.b.ii of this Section quantified in conformance with Clause A.2.b.iv of this Section does not exceed the allowable ambient level established in 40 CFR 266, Appendices IV or V, as adopted and amended at LAC 33:V.3099.Appendices D and E. The acceptable ambient concentration for emitted constituents for which a specific Reference Air Concentration has not been established in 40 CFR 266, Appendix IV, as adopted and amended at LAC 33:V.3099.Appendix D or Risk-Specific Dose has not been established in 40 CFR 266, Appendix V, as adopted at LAC 33:V.3099.Appendix E, is 0.1 micrograms per cubic meter, as noted in the footnote to 40 CFR 266, Appendix IV, as adopted and amended at LAC 33:V.3099.Appendix D.

3. Waiver of Trial Burn for Metals. When seeking to be permitted under the Tier I (or adjusted Tier I) metals feed rate screening limits provided by LAC 33:V.3013.B and E that control metals emissions without requiring a trial burn, the owner or operator must submit:

a. documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feedstocks;

b. documentation of the concentration of each metal controlled by LAC 33:V.3013.B or E in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of each metal;

c. documentation of how the applicant will ensure that the Tier I feed rate screening limits provided by LAC 33:V.3013.B or E will not be exceeded during the averaging period provided by that Subsection;

d. documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by LAC 33:V.3013.B.3-5;

e. documentation of compliance with the provisions of LAC 33:V.3013.B.6, if applicable, for facilities with multiple stacks;

f. documentation that the facility does not fail the criteria provided by LAC 33:V.3013.B.7 for eligibility to comply with the screening limits; and

g. proposed sampling and metals analysis plan for the hazardous waste, other fuels, and industrial furnace feedstocks.

4. Waiver of Trial Burn for Particulate Matter. When seeking to be permitted under the low risk waste provisions of LAC 33:V.3019.B which waives the particulate standard (and trial burn to demonstrate conformance with the particulate standard), applicants must submit documentation supporting conformance with LAC 33:V.535.A.2.b and A.3.

5. Waiver of Trial Burn for HCl and Cl₂. When seeking to be permitted under the Tier I (or adjusted Tier I) feed rate screening limits for total chloride and chlorine provided by LAC 33:V.3015.B.1 and E that control emissions of hydrogen chloride (HCl) and chlorine gas (Cl₂) without requiring a trial burn, the owner or operator must submit:

a. documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feedstocks;

b. documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine;

c. documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits provided by LAC 33:V.3015.B.1 or E will not be exceeded during the averaging period provided by that Subsection;

d. documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by LAC 33:V.3015.B.3;

e. documentation of compliance with the provisions of LAC 33:V.3015.B.4, if applicable, for facilities with multiple stacks;

f. documentation that the facility does not fail the criteria provided by LAC 33:V.3015.B.3 for eligibility to comply with the screening limits; and

g. proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks.

6. Data in Lieu of Trial Burn. The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with LAC 33:V.537 and 3009-3015 by providing the information required by LAC 33:V.537 from previous compliance testing of the device in conformance with LAC 33:V.3007, or from compliance testing or trial or operational burns of similar boilers or industrial furnaces burning similar hazardous wastes under similar conditions. If data from a similar device is used to support a trial burn waiver, the design and operating information required by LAC 33:V.535 must be provided for both the similar device and the device to which the data is to be applied, and a comparison of the design and operating information must be provided. The administrative authority shall approve a permit application without a trial burn if he finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar, and the data from other compliance tests, trial burns, or operational burns are adequate to specify (under LAC 33:V.3005) operating conditions that will ensure conformance with LAC 33:V.3005.C. In addition, the following information shall be submitted:

a. for a waiver from any trial burn:

i. a description and analysis of the hazardous waste to be burned compared with the hazardous waste for which data from compliance testing, or operational or trial burns are provided to support the contention that a trial burn is not needed;

ii. the design and operating conditions of the boiler or industrial furnace to be used, compared with that for which comparative burn data are available; and

iii. such supplemental information as the administrative authority finds necessary to achieve the purposes of this Paragraph;

b. for a waiver of the DRE trial burn, the basis for selection of POHCs used in the other trial or operational burns which demonstrate compliance with the DRE performance standard in LAC 33:V.3009.A. This analysis should specify the constituents in LAC 33:V.4901.G, Table 6, that the applicant has identified in the hazardous waste for which a permit is sought, and any differences from the POHCs in the hazardous waste for which burn data are provided.

B. Alternative HC Limit for Industrial Furnaces with Organic Matter in Raw Materials. Owners or operators of industrial furnaces requesting an alternative HC limit under LAC 33:V.3009.F shall submit the following information at a minimum:

1. documentation that the furnace is designed and operated to minimize HC emissions from fuels and raw materials;

2. documentation of the proposed baseline flue gas HC (and CO) concentration, including data on HC (and CO) levels during tests when the facility produced normal products under normal operating conditions from normal raw materials while burning normal fuels and when not burning hazardous waste;

3. test burn protocol to confirm the baseline HC (and CO) level including information on the type and flow rate of all feedstreams, point of introduction of all feedstreams, total organic carbon content (or other appropriate measure of organic content) of all nonfuel feedstreams, and operating conditions that affect combustion of fuel(s) and destruction of hydrocarbon emissions from nonfuel sources;

4. trial burn plan to:

a. demonstrate that flue gas HC (and CO) concentrations when burning hazardous waste do not exceed the baseline HC (and CO) level; and

b. identify the types and concentrations of organic compounds listed in LAC 33:V.4901.G, Table 6, that are emitted when burning hazardous waste in conformance with procedures prescribed by the administrative authority;

5. implementation plan to monitor over time changes in the operation of the facility that could reduce the baseline HC level and procedures to periodically confirm the baseline HC level; and

6. such other information as the administrative authority finds necessary to achieve the purposes of this Subsection.

C. Alternative Metals Implementation Approach. When seeking to be permitted under an alternative metals implementation approach under LAC 33:V.3013.F, the owner or operator must submit documentation specifying how the approach ensures compliance with the metals emissions standards of LAC 33:V.3013.C or D and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other information that the administrative authority finds necessary to achieve the purposes of this Subsection.

D. Automatic Waste Feed Cutoff System. Owners or operators shall submit information describing the automatic waste feed cutoff system, including any pre-alarm systems that may be used.

E. Direct Transfer. Owners or operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in LAC 33:V.3023) directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by LAC 33:V.3023.

F. Residues. Owners or operators that claim that their residues are excluded from regulation under the provisions of LAC 33:V.3025 must submit information adequate to demonstrate conformance with those provisions.

G. When an owner or operator of a cement or lightweight aggregate kiln, solid fuel or liquid fuel boiler, or hydrochloric acid production furnace becomes subject to RCRA permit requirements after October 12, 2005, or when an owner or operator of an existing cement or lightweight aggregate kiln, solid fuel or liquid fuel boiler, or hydrochloric acid production furnace 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 in accordance with 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. However, the requirements of this Section do apply if:

1. the administrative authority determines that certain provisions of this Section are necessary to ensure compliance with LAC 33:V.3005.E.1 and 2.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;

2. the facility is an area source as defined in LAC 33:III.5103 and the owner or operator elects to comply with the standards and associated requirements in LAC 33:V.3011, 3013, and 3015 for particulate matter, non-mercury metals, and hydrogen chloride and chlorine gas; or

3. the administrative authority determines that certain provisions of this Section apply, 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-535

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 15:737 (September 1989), amended LR 18:1375 (December 1992), LR 21:266 (March 1995), LR 22:817 (September 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 27:292 (March 2001), LR 29:319 (March 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 34:621 (April 2008), LR 34:1011 (June 2008).

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