Current through Register Vol. 50, No. 9, September 20, 2024
A. The regulations
in this Section apply to owners or operators of hazardous waste incinerators
(as defined in LAC 33:V.109) except as LAC 33:V.4307 provides
otherwise.
B. Integration of the
MACT Standards
1. Except as provided by
Paragraphs B.2 and 3 of this Section, the standards of this Chapter no longer
apply when an owner or operator 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.
2. The following requirements
continue to apply even where the owner or operator has demonstrated compliance
with the MACT requirements of 40 CFR part 63, subpart EEE, LAC 33:V.4521
(closure), and the applicable requirements of LAC 33:V.4301.A-D, F, H, and J,
4306, and Chapter 43 (Subchapters A-G, R, and V).
3. LAC 33:V.4517.A, generally prohibiting
burning of hazardous waste during startup and shutdown, remains in effect if
the owner or operator elects to comply with LAC 33:V.2001.B.1.a to minimize
emissions of toxic compounds from startup and shutdown.
C. Owners or operators of incinerators
burning hazardous waste are exempt from all of the requirements of this
Section, except LAC 33:V.4521 (Closure), provided that the owner or operator
has documented, in writing, that the waste would not reasonably be expected to
contain any of the hazardous constituents listed in LAC 33:V.3105, Table 1, and
such documentation is retained at the facility, if the waste to be burned is:
1. listed as a hazardous waste in LAC
33:V.4901, solely because it is ignitable (Hazard Code I), corrosive (Hazard
Code C), or both; or
2. listed as a
hazardous waste in LAC 33:V.4901, solely because it is reactive (Hazard Code R)
for characteristics other than those listed in LAC 33:V.4903.D.4 and 5, and
will not be burned when other hazardous wastes are present in the combustion
zone; or
3. a hazardous waste
solely because it possesses the characteristic of ignitability, corrosivity, or
both, as determined by the tests for characteristics of hazardous wastes under
LAC 33:V.4903; or
4. a hazardous
waste solely because it possesses the reactivity characteristics described by
LAC 33:V.4903.D.1-3 and 6-8, and will not be burned when other hazardous wastes
are present in the combustion zone.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
