Current through Register Vol. 50, No. 9, September 20, 2024
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.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
