Current through Register Vol. 50, No. 9, September 20, 2024
A. General. The owner or operator must comply
with the metals standards provided by Subsections B-F of this Section for each
metal listed in Subsection B of this Section that is present in hazardous waste
at detectable levels by using appropriate analytical procedures.
B. Tier I Feed Rate Screening Limits. Feed
rate screening limits for metals are specified in 40 CFR 266, Appendix I, as
adopted at LAC 33:V.3099.Appendix A, as a function of terrain-adjusted
effective stack height and terrain and land use in the vicinity of the
facility. Criteria for facilities that are not eligible to comply with the
screening limits are provided in Paragraph B.7 of this Section.
1. Noncarcinogenic Metals. The feed rates of
antimony, barium, lead, mercury, thallium, and silver in all feedstreams,
including hazardous waste, fuels, and industrial furnace feedstocks shall not
exceed the screening limits specified in 40 CFR 266, Appendix I, as adopted at
Appendix A of this Chapter.
a. The feed rate
screening limits for antimony, barium, mercury, thallium, and silver are based
on either:
i. an hourly rolling average as
defined in LAC 33:V.3005.E.6.a.ii; or
ii. an instantaneous limit not to be exceeded
at any time.
b. The feed
rate screening limit for lead is based on one of the following:
i. an hourly rolling average as defined in
LAC 33:V.3005.E.6.a.ii;
ii. an
averaging period of two to 24 hours as defined in LAC 33:V.3005.E.6.a with an
instantaneous feed rate limit not to exceed 10 times the feed rate that would
be allowed on an hourly rolling average basis; or
iii. an instantaneous limit not to be
exceeded at any time.
2. Carcinogenic Metals
a. The feed rates of arsenic, cadmium,
beryllium, and chromium in all feedstreams, including hazardous waste, fuels,
and industrial furnace feedstocks shall not exceed values derived from the
screening limits specified in 40 CFR 266, Appendix I, as adopted at LAC
33:V.3099.Appendix A. The feed rate of each of these metals is limited to a
level such that the sum of the ratios of the actual feed rate to the feed rate
screening limit specified in 40 CFR 266, Appendix I, as adopted at LAC
33:V.3099.Appendix A, shall not exceed 1.0, as provided by the following
equation.
Click Here To View
Image
where:
n = number of carcinogenic metals
AFR = actual feed rate to the device for metal "i"
FRSL = feed rate screening limit provided by 40 CFR 266,
Appendix I, as adopted at LAC 33:V.3099. Appendix A, for metal "i"
b. The feed rate screening limits
for the carcinogenic metals are based on either:
i. an hourly rolling average; or
ii. an averaging period of two to 24 hours,
as defined in LAC 33:V.3005.E.6.b, with an instantaneous feed rate limit not to
exceed 10 times the feed rate that would be allowed on an hourly rolling
average basis.
3. Terrain-Adjusted Effective Stack Height
(TESH)
a. The terrain-adjusted effective
stack height (TESH) is determined according to the following equation.
TESH = Ha + Hl - Tr
where:
Ha = actual physical stack height
H1 = plume rise as determined from 40 CFR 266, Appendix
VI, as adopted at LAC 33:V.3099. Appendix F, as a function of stack flow rate
and stack gas exhaust temperature
Tr = terrain rise within 5 kilometers of the stack
b. The stack height (Ha) may not
exceed good engineering practice as specified in
40
CFR 51.100(ii).
c. If the TESH for a particular facility is
not listed in the table in the Appendices, the nearest lower TESH listed in the
table shall be used. If the TESH is four meters or less, a value of four meters
shall be used.
4.
Terrain Type. The screening limits are a function of whether the facility is
located in noncomplex or complex terrain. A device located where any part of
the surrounding terrain within 5 kilometers of the stack equals or exceeds the
elevation of the physical stack height (Ha) is considered to be in complex
terrain and the screening limits for complex terrain apply. Terrain
measurements are to be made from U.S. Geological Survey 7.5-minute topographic
maps of the area surrounding the facility.
5. Land Use. The screening limits are a
function of whether the facility is located in an area where the land use is
urban or rural. To determine whether land use in the vicinity of the facility
is urban or rural, use procedures provided in 40 CFR 266, Appendix IX or X, as
adopted and amended at LAC 33:V.3099.Appendix I or J.
6. Multiple Stacks. Owners and operators of
facilities with more than one on-site stack from a boiler, industrial furnace,
incinerator, or other thermal treatment unit subject to controls of metals
emissions under a RCRA operating permit or interim status controls must comply
with the screening limits for all such units assuming all hazardous waste is
fed into the device with the worst-case stack based on dispersion
characteristics. The worst-case stack is determined from the following equation
as applied to each stack. The stack with the lowest value of K is the
worst-case stack.
K = HVT
where:
K = a parameter accounting for relative influence of stack
height and plume rise;
H = physical stack height (meters);
V = stack gas flow rate
(m3/second); and
T = exhaust temperature (°K).
7. Criteria for Facilities Not Eligible for
Screening Limits. If any criteria below are met, the Tier I and Tier II
screening limits do not apply. Owners and operators of such facilities must
comply with either the Tier III standards provided by LAC 33:V.3013.D or with
the Adjusted Tier I feed rate screening limits provided by LAC 33:V.3013.E.
a. The device is located in a narrow valley
less than 1 kilometer wide.
b. The
device has a stack taller than 20 meters and is located such that the terrain
rises to the physical height within 1 kilometer of the facility.
c. The device has a stack taller than 20
meters and is located within 5 kilometers of a shoreline of a large body of
water such as an ocean or large lake.
d. The physical stack height of any stack is
less than 2.5 times the height of any building within five-building heights or
five projected building widths of the stack and the distance from the stack to
the closest boundary is within five-building heights or five projected building
widths of the associated building.
e. The administrative authority determines
that standards based on site-specific dispersion modeling are
required.
8.
Implementation. The feed rate of metals in each feedstream must be monitored to
ensure that the feed rate screening limits are not exceeded.
C. Tier II Emission Rate Screening
Limits. Emission rate screening limits are specified in 40 CFR 266, Appendix I,
as adopted at LAC 33:V.3099.Appendix A, as a function of terrain-adjusted
effective stack height and terrain and land use in the vicinity of the
facility. Criteria for facilities that are not eligible to comply with the
screening limits are provided in Paragraph B.7 of this Section.
1. Noncarcinogenic Metals. The emission rates
of antimony, barium, lead, mercury, thallium, and silver shall not exceed the
screening limits specified in 40 CFR 266, Appendix I, as adopted at LAC
33:V.3099.Appendix A.
2.
Carcinogenic Metals. The emission rates of arsenic, cadmium, beryllium, and
chromium shall not exceed values derived from the screening limits specified in
40 CFR 266, Appendix I, as adopted at LAC 33:V.3099.Appendix A. The emission
rate of each of these metals is limited to a level such that the sum of the
ratios of the actual emission rate to the emission rate screening limit
specified in 40 CFR 266, Appendix I, as adopted at LAC 33:V.3099.Appendix A,
shall not exceed 1.0, as provided by the following equation.
Click Here To View
Image
where:
n = number of carcinogenic metals
AER = actual emission rate for metal "i"
ERSL = emission rate screening limit provided by 40 CFR
266, Appendix I, as adopted at LAC 33:V.3099.Appendix A, for metal "i"
3. Implementation. The emission
rate limits must be implemented by limiting feed rates of the individual metals
to levels during the trial burn (for new facilities or an interim status
facility applying for a permit) or the compliance test (for interim status
facilities). The feed rate averaging periods are the same as provided by LAC
33:V.3013.B.1.a and b and 2.b. The feed rate of metals in each feedstream must
be monitored to ensure that the feed rate limits for the feedstreams specified
under LAC 33:V.3005 or 3007 are not exceeded.
4. Definitions and Limitations. The
definitions and limitations provided by LAC 33:V.3013.B for the following terms
also apply to the Tier II emission rate screening limits provided by LAC
33:V.3013.B: terrain-adjusted effective stack height; good engineering practice
stack height; terrain type; land use; and criteria for facilities not eligible
to use the screening limits.
5.
Multiple Stacks
a. Owners or operators of
facilities with more than one on-site stack from a boiler, industrial furnace,
incinerator, or other thermal treatment unit subject to controls on metals
emissions under a RCRA operating permit or interim status controls must comply
with the emissions screening limits for any such stacks assuming all hazardous
waste is fed into the device with the worst-case stack based on dispersion
characteristics.
b. The worst-case
stack is determined by procedures provided in LAC 33:V.3013.B.6.
c. For each metal, the total emissions of the
metal from those stacks shall not exceed the screening limit for the worst-case
stack.
D.
Tier III and Adjusted Tier I Site-Specific Risk Assessment
1. General. Conformance with the Tier III
metals controls must be demonstrated by emissions testing to determine the
emission rate for each metal. In addition, conformance with either the Tier III
or Adjusted Tier I metals controls must be demonstrated by air dispersion
modeling to predict the maximum annual average off-site ground level
concentration for each metal and compliance with acceptable ambient levels must
be demonstrated.
2. Acceptable
Ambient Levels. 40 CFR 266, Appendices IV and V, as adopted and amended at LAC
33:V.3099.Appendices D and E, list the acceptable ambient levels for purposes
of this rule. Reference air concentrations (RACs) are listed for the
noncarcinogenic metals and 10-5 risk-specific doses
(RSDs) are listed for the carcinogenic metals. The RSD for a metal is the
acceptable ambient level for that metal provided that only one of the four
carcinogenic metals is emitted. If more than one carcinogenic metal is emitted,
the acceptable ambient level for the carcinogenic metals is a fraction of the
RSD as described in Paragraph D.3 of this Section.
3. Carcinogenic Metals. For the carcinogenic
metals, arsenic, cadmium, beryllium, and chromium, the sum of the ratios of the
predicted maximum annual average off-site ground level concentrations (except
that on-site concentrations must be considered if a person resides on site) to
the risk-specific dose (RSD) for all carcinogenic metals emitted shall not
exceed 1.0 as determined by the following equation.
Click Here To View
Image
where:
n = number of carcinogenic metals
4. Noncarcinogenic Metals. For the
noncarcinogenic metals, the predicted maximum annual average off-site ground
level concentration for each metal shall not exceed the reference air
concentration (RAC).
5. Multiple
Stacks. Owners and operators of facilities with more than one on-site stack
from a boiler, industrial furnace, incinerator, or other thermal treatment unit
subject to controls on metals emissions under a RCRA operating permit or
interim status controls must conduct emissions testing (except that facilities
complying with Adjusted Tier I controls need not conduct emission testing) and
dispersion modeling to demonstrate that the aggregate emissions from all such
on-site stacks do not result in an exceedance of the acceptable ambient
levels.
6. Implementation. Under
Tier III, the metals controls must be implemented by limiting feed rates of the
individual metals to levels during the trial burn (for new facilities or an
interim status facility applying for a permit) or the compliance test (for
interim status facilities). The feed rate averaging periods are the same as
provided by LAC 33:V.3013.B.1.a and b. The feed rate of metals in each
feedstream must be monitored to ensure that the feed rate limits for the
feedstreams specified under LAC 33:V.3005 or 3007 are not exceeded.
E. Adjusted Tier I Feed Rate
Screening Limits. The owner or operator may adjust the feed rate screening
limits provided by 40 CFR 266, Appendix I, as adopted at LAC 33:V.3099.Appendix
A, to account for site-specific dispersion modeling. Under this approach, the
adjusted feed rate screening limit for a metal is determined by
back-calculating from the acceptable ambient levels provided by 40 CFR 266,
Appendices IV and V, as adopted and amended at LAC 33:V.3099.Appendices D and
E, using dispersion modeling to determine the maximum allowable emission rate.
This emission rate becomes the adjusted Tier I feed rate screening limit. The
feed rate screening limits for carcinogenic metals are implemented as
prescribed in Paragraph B.2 of this Section.
F. Alternative Implementation Approaches
1. The administrative authority may approve,
on a case-by-case basis, approaches to implement the Tier II or Tier III metals
emission limits provided by LAC 33:V.3013.C or D alternative to monitoring the
feed rate of metals in each feedstream.
2. The emission limits provided by LAC
33:V.3013.D must be determined as follows:
a.
for each noncarcinogenic metal, by back-calculating from the RAC provided in 40
CFR 266, Appendix IV, as adopted and amended at LAC 33:V.3099.Appendix D, to
determine the allowable emission rate for each metal using the dilution factor
for the maximum annual average ground level concentration predicted by
dispersion modeling in conformance with Subsection H of this Section;
and
b. for each carcinogenic metal,
by:
i. back-calculating from the RSD provided
in 40 CFR 266, Appendix V, as adopted at LAC 33:V.3099.Appendix E, to determine
the allowable emission rate for each metal if that metal were the only
carcinogenic metal emitted using the dilution factor for the maximum annual
average ground level concentration predicted by dispersion modeling in
conformance with Subsection H of this Section; and
ii. if more than one carcinogenic metal is
emitted, selecting an emission limit for each carcinogenic metal not to exceed
the emission rate determined by LAC 33:V.3013.F.2.b.i such that the sum for all
carcinogenic metals of the ratio of the selected emission limit to the emission
rate determined by that Paragraph does not exceed 1.0.
G. Metal Emission
Testing
1. General. Emission testing for
metals shall be conducted using Method 0060, Determinations of Metals in Stack
Emissions, EPA Publication SW-846, as incorporated by reference in LAC
33:V.110.
2. Hexavalent Chromium.
Emissions of chromium are assumed to be hexavalent chromium unless the owner or
operator conducts emissions testing to determine hexavalent chromium emissions
using procedures prescribed in Method 0061, Determination of Hexavalent
Chromium Emissions from Stationary Sources, EPA Publication SW-846, as
incorporated by reference in LAC 33:V.110.
H. Dispersion Modeling. Dispersion modeling
required under this Section shall be conducted according to methods recommended
in 40 CFR 51, Appendix W ("Guidelines on Air Quality Models (revised)" (1986)
and its supplements), the "Hazardous Waste Combustion Air Quality Screening
Procedure" described in 40 CFR 266, Appendix IX, as adopted and amended at LAC
33:V.3099.Appendix I, or in "Screening Procedures for Estimating the Air
Quality Impact of Stationary Sources, Revised," as incorporated by reference at
LAC 33:V.110, to predict the maximum annual average off-site ground level
concentration. However, on-site concentrations must be considered when a person
resides on-site.
I. Enforcement.
For purposes of permit enforcement, compliance with the operating requirements
specified in the permit (under LAC 33:V.3005.C) will be regarded as compliance
with this Section. However, evidence that compliance with those permit
conditions is insufficient to ensure compliance with the requirements of this
Section may be "information'' justifying modifications, revocation, or
reissuance of a permit under LAC 33:V.323.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
