Current through Register Vol. 50, No. 9, September 20, 2024
A. Conditions. For the purposes of
determining operational readiness following completion of physical
construction, the administrative authority must establish permit conditions,
including but not limited to allowable waste feeds and operating conditions, in
the permit to a new hazardous waste incinerator. These permit conditions will
be effective for the minimum time required to bring the incinerator to a point
of operation readiness sufficient to conduct a trial burn, not to exceed 720
hours operating time for treatment of hazardous waste. The administrative
authority may extend the duration of this operational period once, for up to
720 additional hours, at the request of the applicant when good cause is shown.
The permit may be modified to reflect the extension according to LAC 33:V.321.
1. Applicants must submit a statement in the
permit application which suggests the conditions necessary to operate in
compliance with the performance standard of LAC 33:V.3111 during this period.
This statement should include, at a minimum, restrictions on waste
constituents, waste feed rates, and the operating parameters identified in LAC
33:V.3117.
2. The administrative
authority will review this statement and any other relevant information
submitted with the permit application and specify requirements for this period
sufficient to meet the performance standards of LAC 33:V.3111 based on his
engineering judgment.
B.
For the purpose of determining feasibility of compliance with the performance
standards of LAC 33:V.3111 and of determining adequate operating conditions
under LAC 33:V.3117, the administrative authority must establish conditions in
the permit for a new hazardous waste incinerator to be effective during the
trial burn. Applicants must propose a trial burn plan which includes the
following information:
1. an analysis of each
waste or mixture of wastes to be burned which includes:
a. heat value of the waste in the form and
composition in which it will be burned;
b. viscosity (if applicable), or description
of physical form of the waste; and
c. an identification of any hazardous,
organic constituents listed in LAC 33:V.3105, Table 1, which are present in the
waste to be burned, except that the applicant need not analyze for constituents
listed in LAC 33:V.3105, Table 1 that would reasonably not be expected to be
found in the waste. The constituents excluded from analysis must be identified,
and the basis for their exclusion stated. The waste analysis must rely on
appropriate analytical techniques;
d. an approximate quantification of the
hazardous constituents identified in the waste, within the precision produced
by appropriate analytical methods;
2. a detailed engineering description of the
incinerator for which the permit is sought including:
a. manufacturer's name and model number of
incinerator (if available);
b. type
of incinerator;
c. linear
dimensions of the incinerator unit including the cross sectional area of
combustion chamber;
d. description
of the auxiliary fuel system (type/feed);
e. capacity of prime mover;
f. description of automatic waste feed
cut-off system(s);
g. stack gas
monitoring and pollution control equipment;
h. nozzle and burner design;
i. construction materials; and
j. location and description of temperature,
pressure, and flow indicating and control devices;
3. a detailed description of sampling and
monitoring procedures, including sampling and monitoring locations in the
system, the equipment to be used, sampling and monitoring frequency, and
planned analytical procedures for sample analysis;
4. a detailed test schedule for each waste
for which the trial burn is planned including date(s), duration, quantity of
waste to be burned, and other factors relevant to the administrative
authority's decision under this Section;
5. a detailed test protocol, including, for
each waste identified, the ranges of temperature, waste feed rate, combustion
gas velocity, use of auxiliary fuel, and any other relevant parameters that
will be varied to affect the destruction and removal efficiency of the
incinerator;
6. a description of,
and planned operating conditions for, any emission control equipment which will
be used;
7. procedures for rapidly
stopping waste feed, shutting down the incinerator, and controlling emissions
in the event of an equipment malfunction; and
8. such other information as the
administrative authority reasonably finds necessary to determine whether to
approve the trial burn plan in light of the purposes of this Subsection and the
criteria in LAC 33:V.3115.B.11;
9.
the administrative authority, in reviewing the trial burn plan, shall evaluate
the sufficiency of the information provided and may require the applicant to
supplement this information, if necessary, to achieve the purposes of this
Section;
10. based on the waste
analysis data in the trial burn plan, the administrative authority will specify
as trial Principal Organic Hazardous Constituents (POHCs), those constituents
for which destruction and removal efficiencies must be calculated during the
trial burn. These trial POHCs will be specified by the administrative authority
based on his estimate of the difficulty of incineration of the constituents
identified in the waste analysis, their concentration or mass in the waste
feed, and, for wastes listed in LAC 33:V.Chapter 49 and LAC 33:V.3105, Table
1;
11. the administrative authority
shall approve a trial burn plan if he finds that:
a. the trial burn is likely to determine
whether the incinerator performance standard required by LAC 33:V.3111 can be
met;
b. the trial burn itself will
not present an imminent hazard to human health or the environment;
c. the trial burn will help the
administrative authority to determine operating requirements to be specified in
LAC 33:V.3117; and
d. the
information sought in this Section cannot reasonably be developed through other
means;
12. the
administrative authority must send a notice to all persons on the facility
mailing list, as set forth in LAC 33:V.717.A.1.e, and to the appropriate units
of state and local government, as set forth in LAC 33:V.717.A.1.b, announcing
the scheduled commencement and completion dates for the trial burn. The
applicant may not commence the trial burn until after the administrative
authority has issued such notice:
a. this
notice must be mailed within a reasonable time period before the scheduled
trial burn. An additional notice is not required if the trial burn is delayed
due to circumstances beyond the control of the facility or the permitting
agency;
b. this notice must
contain:
i. the name and telephone number of
the applicant's contact person;
ii.
the name and telephone number of the permitting agency's contact
office;
iii. the location where the
approved trial burn plan and any supporting documents can be reviewed and
copied; and
iv. an expected time
period for commencement and completion of the trial burn;
13. during, or immediately after,
each approved trial burn the applicant must make the following determinations
when a DRE trial burn is required under LAC 33:V.3009.A:
a. a quantitative analysis of the trial POHCs
in the waste feed;
b. a
quantitative analysis of the exhaust gas for the concentration and mass
emissions of the trial POHCs, oxygen (O2) and hydrogen
chloride (HCl);
c. a quantitative
analysis of the scrubber water (if any), ash residues, and other residues, for
the purpose of estimating the fate of the trial POHCs;
d. a computation of destruction and removal
efficiency (DRE), in accordance with the DRE formula specified in LAC
33:V.3111;
e. if the HCl emission
rate exceeds 1.8 kilograms of HCl per hour (4 pounds per hour), a computation
of HCl removal efficiency in accordance with LAC 33:V.3111;
f. a computation of particulate emissions, in
accordance with LAC 33:V.3111;
g.
an identification of sources of fugitive emissions and their means of
control;
h. a measurement of
average, maximum, and minimum temperatures and combustion gas
velocity;
i. a continuous
measurement of carbon monoxide (CO) in the exhaust gas; and
j. such other information as the
administrative authority may specify as necessary to ensure that the trial burn
will determine compliance with the performance standards in LAC 33:V.3111 and
to establish the operating conditions required by LAC 33:V.3117 as necessary to
meet that performance standard;
14. the applicant must submit to the Office
of Environmental Services a certification that the trial burn has been carried
out in accordance with the approved trial burn plan, and must submit the
results of all the determinations required in Paragraph B.13 of this Section.
This submission shall be made within 90 days of completion of the trial burn,
or later if approved by the administrative authority;
15. all data collected during any trial burn
must be submitted to the Office of Environmental Services following the
completion of the trial burn;
16.
all submissions required by this Subsection must be certified on behalf of the
applicant by the signature of a person authorized to sign a permit application
or a report under LAC 33:V.507 and 509;
17. based on the results of the trial burn,
the administrative authority shall set the operating requirements in the final
permit according to LAC 33:V.3117. The permit modification shall proceed
according to LAC 33:V.321.C.
C. For the purposes of allowing operation of
a new hazardous waste incinerator, following completion of the trial burn and
prior to final modification of the permit conditions to reflect the trial burn
results, the administrative authority may establish permit conditions,
including, but not limited to, allowable waste feeds and operating conditions
sufficient to meet the requirements of LAC 33:V.3117, in the permit to a new
hazardous waste incinerator. These permit conditions will be effective for the
minimum time required to complete sample analysis, data computation and
submission of the trial burn results by the applicant, and modification of the
facility permit by the administrative authority.
1. Applicants must submit a statement in the
permit application, which identifies the conditions necessary to operate in
compliance with the performance standards of LAC 33:V.3111 during this period.
This statement should include, at a minimum, restrictions on waste
constituents, waste feed rates and the operating parameters in LAC
33:V.3117.
2. The administrative
authority will review this statement and any other relevant information
submitted with the permit application and specify those requirements for this
period most likely to meet the performance standards of LAC 33:V.3111 based on
his engineering judgment.
D. For the purposes of determining
feasibility of compliance with the performance standards of LAC 33:V.3111 and
of determining adequate operating conditions under LAC 33:V.3117, the applicant
for a permit for an existing hazardous waste incinerator must prepare and
submit to the Office of Environmental Services a trial burn plan and perform a
trial burn in accordance with LAC 33:V.529.B and Paragraphs B.1-11 and 13-16 of
this Section or, instead, submit other information as specified in LAC
33:V.529.C. The administrative authority must announce his or her intention to
approve the trial burn plan in accordance with the timing and distribution
requirements of Paragraph B.12 of this Section. The contents of the notice must
include: the name and telephone number of a contact person at the facility; the
name and telephone number of a contact office at the permitting agency; the
location where the trial burn plan and any supporting documents can be reviewed
and copied; and a schedule of the activities that are required prior to permit
issuance, including the anticipated time schedule for agency approval of the
plan and the time period during which the trial burn would be conducted.
Applicants submitting information under LAC 33:V.529.A are exempt from
compliance with LAC 33:V.3111 and 3117 and, therefore, are exempt from the
requirements to conduct a trial burn. Applicants who submit trial burn plans
and receive approval before submission of a permit application must complete
the trial burn and submit the results, specified in Paragraph B.13 of this
Section, with Part II of the permit application. If completion of this process
conflicts with the date set for submission of the Part II application, the
applicant must contact the administrative authority to establish a later date
for submission of the Part II application or the trial burn results. Trial burn
results must be submitted prior to issuance of a permit. When the applicant
submits a trial burn plan with Part II of the permit application, the
administrative authority will specify a time period prior to permit issuance in
which the trial burn must be conducted and the results submitted.
E. When an owner or operator of a hazardous
waste incineration unit becomes subject to RCRA permit requirements after
October 12, 2005, or when an owner or operator of an existing hazardous waste
incineration unit 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 under
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, except those
provisions the administrative authority determines are necessary to ensure
compliance with LAC 33:V.3117.A and 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. Nevertheless, the administrative authority
may apply the provisions of this Section, on a case-by-case basis, for purposes
of information collection in accordance with LAC 33:V.303.Q-R and
311.E-F.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.