Louisiana

Overview of foundry sand reuse rules

In general, beneficial use facilities and permit holders are subject to solid waste regulations (i.e., LAC 33, VII Chapters 1, 3, 5, 7, and 9). A person must obtain a permit before solid waste may be "discharged, applied, incorporated, injected, or deposited onto or into the land for the purpose of beneficial use." The permit does not necessarily have to be held by the solid waste generator.

Louisiana loosely defines wastes by their general source (i.e., commercial, industrial, residential), and the state's solid waste regulations outline a classification system that identifies the types of facilities authorized for handling solid waste:

• Type I. A facility used for disposing of industrial solid wastes.
• Type I-A. A facility used for processing industrial solid waste (e.g., transfer station, incinerator waste-handling facility, shredder, baler, or compactor).
• Type II. A facility used for disposing of residential or commercial solid waste.
• Type II-A. A facility used for processing residential, infectious, or commercial solid waste (e.g., transfer station, incinerator waste-handling facility, shredder, baler, autoclave, or compactor).
• Type III. A facility used for disposing or processing of construction/demolition debris or wood waste, composting organic waste to produce a usable material, or separating recyclable wastes (a separation facility).

Residential, commercial, or industrial solid waste must not be disposed of at a Type III facility.

What reuse options are acceptable?

The state’s solid waste regulations define "beneficial use" as a "use of waste material for some profitable purpose (e.g., using sludge as a soil amendment). Avoidance of processing or disposal cost alone does not constitute beneficial use." More specifically, Chapter 11, "Beneficial Use Facilities," discusses requirements for beneficial use of solid waste with respect to general land applications as well as application to "food-chain cropland" and "land used for animal feed only." The rule defines "food-chain crops" as "crops grown for human consumption; tobacco; and crops grown to feed animals that are consumed by humans" and "animal feed" as "any crop, such as pasture crops, forage, and grain grown for consumption by animals."

What restrictions apply?

In general, the permit application requires that the solid waste meet standards on maximum allowable lifetime metals loading.

For beneficial uses that involve application of solid waste to lands used for "food-chain" crops or "animal feed" crops, the solid waste must meet additional standards and testing (e.g., TCLP, pH, PCBs).

Do I need a permit?

Louisiana's beneficial use program requires the issuance of a permit by the Department of Environmental Quality (DEQ). DEQ may issue a single permit for multiple beneficial use locations, provided: (1) the permit application provides information on each location; (2) each location meets the relevant standards; and (3) the same solid wastes stream (from a single generation site) is disposed of at all locations. A permit application for beneficial use requires:

• Third-party certification that the proposed activity is a legitimate beneficial use of solid waste. Qualified, independent third parties include the following state agencies: Cooperative Extension Service, Department of Agriculture, and Department of Transportation and Development.

• Completion of the beneficial use application, Part I Form, describing the proposed use; proof of public notice regarding the permit’s application; a letter from the state Resource Recovery and Development Authority stating that the operation conforms to the applicable statewide plan; and an Area Master Plan showing the location of major drainage systems, drainage flow patterns, the 100-year floodplain, and other pertinent information.

• Supplemental information, such as beneficial use location characteristics and environmental characteristics (e.g., list of designated wetlands, wildlife management areas, and other sensitive ecologic areas within 1,000 feet of the facility perimeter) and facility geology (e.g., general description of soils).

What steps do I need to take to reuse my foundry sand?

Once issued a permit, beneficial use facilities must comply with various standards, such as buffer zones, monitoring of incoming wastes, and application restrictions determined by surface hydrology.

Where can I get testing performed?

List test regional labs.

What reporting and recordkeeping requirements must I meet?

Once issued a beneficial use permit, beneficial use facilities must submit annual reports and maintain all records specified in the application (e.g., semiannual soil waste mixtures tests and analyses, test parameters).

What other requirements must I meet?

All beneficial use facilities must meet the operational standards with respect to the maximum allowable lifetime metals loading rates (lbs./acre) in Exhibit A-4 for land application uses:

Other metals not listed in Exhibit A-4 may be subject to restrictions based upon the metal content of the waste.

Application to food-chain cropland and to land used for animal feed must meet the following additional requirements: (1) the pH of the solid waste and soil mixture must be maintained at or above 6.5; and (2) the application of cadmium from the waste may not exceed 0.5 lb. per acre.

Land used for animal feed. The requirements are: (1) a waste-soil mixture must have a pH of 6.5 or greater at the time of the solid waste application or when the crop is planted (whichever occurs later); (2) this pH must be maintained while the food-chain crop is grown, and crops that require a lower pH will be considered on a site-specific basis; (3) the facility must submit an operating plan that demonstrates how the animal feed will be distributed to preclude human consumption and describes measures to safeguard against possible health hazards from entry of cadmium or other heavy metals into the food chain; and (4) concentrations of polychlorinated biphenyls (PCBs) in the solid waste must be less than 10 mg/kg.

Sampling and Testing Requirements: The applicant must conduct a detailed analysis of waste, including pH, phosphorus, nitrogen, potassium, sodium, calcium, magnesium, sodium adsorption ratio, and total metals.

For beneficial uses that involve application of solid waste to lands used for "food-chain" crops or "animal feed" crops, the solid waste must meet additional standards and testing (e.g., TCLP, pH, PCBs).

More information

Most Relevant Regulation/Policy: Title 33, Environmental Quality Part VII, Solid Waste, Subpart 1 (Solid Waste Regulations)

State Hazardous Waste Regulations: Title 33, Part V

Regulation/Policy Website: None identified

Responsible Waste Division: Louisiana Department of Environmental Quality

State Agency Point of Contact: Loni Gaudet, Small Business Assistance, 504-736-7701, lonig@deq.state.la.us

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