North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-24 - Hazardous Waste Management
Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Section 33.1-24-02-207 - Standards - Closed-vent systems and control devices

(1) If a flow indicator is used to comply with this subdivision, the indicator must be installed at the inlet to the bypass line used to divert gases and vapors from the closed-vent system to the atmosphere at a point upstream of the control device inlet. For this subdivision, a flow indicator means a device which indicates the presence of either gas or vapor flow in the bypass line.

(2) If a seal or locking device is used to comply with this subdivision, the device must be placed on the mechanism by which the bypass device position is controlled (for example, valve handle, damper lever) when the bypass device is in the closed position such that the bypass device cannot be opened without breaking the seal or removing the lock. Examples of such devices include, a car-seal or a lock-and-key configuration valve. The remanufacturer or other person that stores or treats the hazardous secondary material visually shall inspect the seal or closure mechanism at least once every month to verify that the bypass mechanism is maintained in the closed position.

(1) A control device designed and operated to reduce the total organic content of the inlet vapor stream vented to the control device by at least ninety-five percent by weight;

(2) An enclosed combustion device designed and operated in accordance with the requirements of subsection 3 of section 33.1-24-02-173; or

(3) A flare designed and operated in accordance with the requirements of subsection 4 of section 33.1-24-02-173.

(1) Periods of planned routine maintenance of the control device, during which the control device does not meet the specifications of paragraphs 1, 2, or 3 of subdivision a, as applicable, must not exceed two hundred forty hours per year.

(2) The specifications and requirements in paragraphs 1, 2, and 3 of subdivision a for control devices do not apply during periods of planned routine maintenance.

(3) The specifications and requirements in paragraphs 1, 2, and 3 of subdivision a for control devices do not apply during a control device system malfunction.

(4) The remanufacturer or other person that stores or treats the hazardous secondary material shall demonstrate compliance with the requirements of paragraph 1 (for example, planned routine maintenance of a control device, during which the control device does not meet the specifications of paragraph 1, 2, or 3 of subdivision a, as applicable, shall not exceed two hundred forty hours per year) by recording the information specified in paragraph 5 of subdivision a of subsection 5 of section 33.1-24-02-209.

(5) The remanufacturer or other person that stores or treats the hazardous secondary material shall correct control device system malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of air pollutants.

(6) The remanufacturer or other person that stores or treats the hazardous secondary material shall operate the closed-vent system such that gases, vapors, or fumes are not actively vented to the control device during periods of planned maintenance or control device system malfunction (for example, periods when the control device is not operating or not operating normally) except in cases when it is necessary to vent the gases, vapors, or fumes, or any combination, to avoid an unsafe condition or to implement malfunction corrective actions or planned maintenance actions.

(1) Following the initial startup of the control device, all activated carbon in the control device must be replaced with fresh carbon on a regular basis in accordance with the requirements of subsection 7 or 8 of section 33.1-24-02-173.

(2) All carbon that is hazardous waste and that is removed from the control device must be managed in accordance with the requirements of subsection 14 of section 33.1-24-02-173, regardless of the average volatile organic concentration of the carbon.

(1) A remanufacturer or other person that stores or treats the hazardous secondary material shall demonstrate using either a performance test as specified in paragraph 3 or a design analysis as specified in paragraph 4 the performance of each control device except for the following:

(2) A remanufacturer or other person that stores or treats the hazardous secondary material shall demonstrate the performance of each flare in accordance with the requirements specified in subsection 5 of section 33.1-24-02-173.

(3) For a performance test conducted to meet the requirements of paragraph 1, the remanufacturer or other person that stores or treats the hazardous secondary material shall use the test methods and procedures specified in subdivisions a through d of subsection 3 of section 33.1-24-02-174.

(4) For a design analysis conducted to meet the requirements of paragraph 1, the design analysis must meet the requirements specified in paragraph 3 of subdivision d of subsection 2 of section 33.1-24-02-175.

(5) The remanufacturer or other person that stores or treats the hazardous secondary material shall demonstrate that a carbon adsorption system achieves the performance requirements of subdivision a based on the total quantity of organics vented to the atmosphere from all carbon adsorption system equipment that is used for organic adsorption, organic desorption or carbon regeneration, organic recovery, and carbon disposal.