La. Admin. Code tit. 33 § VII-3017

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

Section VII-3017 - LPPA-LDEQ Work Group Agreement- Appendix I

LPPA-LDEQ Work Group Agreement

The Louisiana Pulp and Paper Association-Louisiana Department of Environmental Quality Solid Waste Beneficial Use Work Group (LPPA-LDEQ Work Group) established an agreement in May 1997 regarding the applicability of the Louisiana Solid Waste Regulations (LSWR) to a variety of materials produced by the pulp and paper industry. During these meetings, a number of preliminary agreements regarding the regulatory applicability of the LSWR to certain categories of materials were reached.

1. Group 1 materials are those that are to be used or reused as either:

a. ingredients, raw materials, or feedstocks in industrial processes to make products; or

b. effective substitutes for commercial products, provided that such uses do not involve application to the land.

The LPPA-LDEQ Work Group agreed that the Group 1 materials, when employed for these uses, are not being discarded and, thus, are not subject to the generator, transporter, or permitting requirements of the LSWR. A listing of the Group 1 materials and their uses are provided in Table 1 of this Appendix.

2. Group 2 materials are those that are to be applied to the land subject to the general approval of the LDEQ in accordance with this Appendix, and:

a. the specific approval of the Louisiana Department of Agriculture and Forestry (LDAF) for use as either a potting soil amendment, soil liming agent, soil nutritional supplement, or cover for timber land;

b. the Louisiana Department of Transportation and Development (LDOTD) standards of criteria for soil cement, road base material, or an aggregate for road surfaces; or

c. the specific approval of the LDEQ for use as ingredients for landfill or surface impoundment closure caps.

The LPPA-LDEQ Work Group agreed that the Group 2 materials, when employed for these uses, are not being discarded and, thus, are not subject to the generator, transporter, or permitting requirements of the LSWR. A listing of the Group 2 materials and their uses are provided in Table 2 of this Appendix.

3. Group 3 materials are those materials listed in Table 1 or Table 2 that are either presently located in a regulated solid waste landfill or surface impoundment or that will be temporarily stockpiled in a regulated solid waste landfill or surface impoundment prior to one of the uses specified in Table 1 or Table 2. The LPPA-LDEQ Work Group agreed that these Group 3 materials, when proposed to be removed for one of the corresponding uses indicated for the Group 1 or Group 2 materials would be subjected to a one-time, facility-specific Solid Waste Permit Minor Modification that would not require public notice. See the example in this Appendix for the agreed upon language for the permit condition to be added pursuant to the one-time, facility-specific Solid Waste Permit Minor Modification. The LPPA-LDEQ Work Group also agreed that these Group 3 materials, when removed from a regulated solid waste landfill or surface impoundment pursuant to the above noted permit condition and employed for the Group 1 or Group 2 uses, are not being discarded and, thus, are not subject to the generator, transporter, or permitting requirements of the LSWR upon such removal.

Only Group 2 materials, i.e., those materials destined for off-site applications to the land for such uses as soil amendments, supplements, or ingredients, are allowed to be stored on-site in a location outside of any regulated solid waste unit. Such storage shall only occur in those on-site areas where runoff is fully captured and treated by the mill's wastewater treatment system. Such materials destined for approved off-site applications shall only be held in temporary storage for a period not to exceed 24 months. No Group 3 materials, i.e., those that had been placed in, and subsequently removed from, regulated solid waste units, shall be stored on-site at any location outside of a regulated solid waste unit at any time.

Reporting Requirements. Group 1, 2, or 3 materials, when utilized or removed for one of the uses specified in Table 1 or 2, shall be reported on the Disposer Annual Report filed by the mill.

Table 1
Group 1 Materials (Materials Not Applied to Land)
Material Description	Uses
Wood-Fired Boiler Ash	1. Feedstock to produce activated carbon. 2. Feedstock to produce charcoal. 3. Waste solidification or stabilization agent. 4. Feedstock to produce portland cement. 5. Any other feedstock use or substitute for a commercial product (no land application).
Coal-Fired Boiler Ash	1. Waste solidification or stabilization agent. 2. Feed stock to produce portland cement. 3. Any other feedstock use or substitute for a commercial product (no land application).
Lime and Lime Mud	1. Feedstock to produce lime. 2. Feedstock to produce portland cement. 3. Any other feedstock use or substitute for a commercial product (no land application).
Slaker Grit	1. Feedstock to produce portland cement.
Wood Fiber (Primary Clarifier Sludge)	1. Feedstock to produce absorbents. 2. Feedstock to produce tar paper or roofing felt. 3. Feedstock to produce filter paper. 4. Feedstock to produce insulation. 5. Use as ingredient or core material in structural and nonstructural concrete products. 6. Any other feed stock use or substitute for a commercial product (no land application).
Recycled Fiber (Recycled Fiber Residues)	1. Feed stock to produce absorbents. 2. Feedstock to produce tar paper or roofing felt. 3. Feedstock to produce filter paper. 4. Feedstock to produce insulation. 5. Use as ingredient or core material in structural and nonstructural concrete products. 6. Any other feedstock use or substitute for a commercial product (no land application).

Table 2
Group 2 Materials (Materials Applied to Land)
Material Description	Uses	Specifications* That Shall Be Met for Such Use
Wood-Fired Boiler Ash (Produced by the pulp and paper industry in Louisiana)	Potting Soil Amendment	Those required by the LDAF and LDEQ for approval.
	Soil Liming Agent	Those required by the LDAF and LDEQ for approval.
	Soil Nutritional Supplement	Those required by the LDAF and LDEQ for approval.
	Ingredient for Landfill or Surface Impoundment Closure Caps	Those required by the LDEQ for approval.
	Any other use approved by the LDAF or LDOTD and LDEQ	Those required by the LDAF or LDOTD and LDEQ for approval.
Coal-Fired Boiler Ash (Produced by the pulp and paper industry in Louisiana)	Potting Soil Amendment	Those required by the LDAF and LDEQ for approval.
	Soil Liming Agent	Those required by the LDAF and LDEQ for approval.
	Soil Nutritional Supplement	Those required by the LDAF and LDEQ for approval.
	Ingredient for Landfill or Surface Impoundment Closure Caps	Those required by the LDEQ for approval.
	Any other use approved by the LDAF or LDOTD and LDEQ	Those required by the LDAF or LDOTD and LDEQ for approval.
Lime, Lime Mud, Lime Residues and Slaker Grit (Produced by the pulp and paper industry in Louisiana)	Potting Soil Amendment	Those required by the LDAF and LDEQ for approval.
	Soil Cement	Those required or adopted by the LDOTD.
	Soil Liming Agent	Those required by the LDAF for approval.
	Ingredient for Landfill or Surface Impoundment Closure Caps	Those required by the LDEQ for approval.
	Any other use approved by the LDOTD, LDAF, and LDEQ.	Those required by the LDAF and LDEQ for approval or required or adopted by the LDOTD.
Boiler Gravel (that which becomes trapped in the bark on logs prior to debarking by the pulp and paper industry in Louisiana)	Road Base Material	None if used on-site; if used off-site, those required or adopted by the LDOTD.
	Aggregate for Road Surfaces	None if used on-site; if used off-site, those required or adopted by the LDOTD.
	Asphalt Amendments	None if used on-site; if used off-site, those required or adopted by the LDOTD.
	Any other off-site use satisfying the criteria or standards of the LDOTD.	If used off-site, those required or adopted by the LDOTD.
Wood Fiber and Recycled Fiber (such as primary clarifier sludge produced by the pulp and paper industry in Louisiana)	Potting Soil Amendment	Those required by the LDAF and LDEQ for approval.
	Soil Nutritional Supplement	Those required by the LDAF and LDEQ for approval.
	Ingredient for Landfill/Surface Impoundment Closure Caps	Those required by the LDEQ for approval.
	Cover for Timber Land	Those required by the LDAF and LDEQ for approval.
	Any other use approved by the LDAF or LDOTD and LDEQ.	Those required by the LDAF or LDOTD and LDEQ for approval.
Mixtures containing boiler ash, boiler gravel, wood fiber, recycled fiber, lime residues, and slaker grit (Produced by the pulp and paper industry in Louisiana)	Potting Soil Amendment	Those required by the LDAF and LDEQ for approval.
	Soil Liming Agent	Those required by the LDAF and LDEQ for approval.
	Ingredient for Landfill/Surface Impoundment Closure Caps	Those required by the LDEQ for approval.
	Road Base Material	None if used on-site; if used off-site, those required or adopted by the LDOTD.
	Aggregate for Road Surfaces	None if used on-site; if used off-site, those required or adopted by the LDOTD.
	Asphalt Amendments	None if used on-site; if used off-site, those required or adopted by the LDOTD.
	Any other on-site or off-site use approved by the LDAF or LDOTD and LDEQ.	Those required by the LDAF or LDOTD and LDEQ, or LDEQ only, as appropriate, for approval.
*The specifications and approval from LDEQ consist of those that are set forth in the LDEQ letter received in response to this LPPA request for reclassification dated June 18, 1999.

Example For

Permit Condition Language For The One-Time, Facility-Specific Minor Permit Modification Addressing Materials Removed From LSWR Regulated Surface Impoundments Or Landfills In Louisiana 's Pulp And Paper Industry

In accordance with LAC 33:VII.303.A.11, when the [description of material], which has not been commingled or contaminated with dissimilar solid wastes, is removed from the [name of facility-specific surface impoundment or landfill], and subsequently used as:

1. Louisiana Department of Agriculture and Forestry (LDAF) approved potting soil amendments, soil liming agents, soil nutritional supplements, or cover for timber land;

2. soil cement, road base materials, or aggregate for road surfaces that satisfy the standards or criteria approved by the Louisiana Department of Transportation and Development (LDOTD); or

3. Louisiana Department of Environmental Quality (LDEQ) approved ingredients for landfill or surface impoundment closure caps; such material, when managed in accordance with all other applicable laws, regulations, and conditions, is no longer considered to be discarded and, thus, is not subject to the generator, transporter, or permitting requirements of the Louisiana Solid Waste Regulations (LSWR).

However, while such material is present in the [name of facility-specific surface impoundment or landfill], it remains subject to all applicable requirements of the LSWR until such removal occurs.

The total tonnage of this material removed from the regulated unit for any such use shall be reported on the facility's Annual Disposer's Solid Waste Report. Any proposed new use for the material must have the approval of the LDAF or LDOTD and LDEQ, or the LDEQ only, as appropriate.

La. Admin. Code tit. 33, § VII-3017

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 33:1120 (June 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.