Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 30 - Hazardous Waste Burned in Boilers and Industrial Furnaces › Section V-3001 - Applicability

Current through Register Vol. 50, No. 6, June 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).