North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-24 - Hazardous Waste Management
Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS
Section 33.1-24-05-457 - Standards - Closed-vent systems and control devices
Universal Citation: ND Admin Code § 33.1-24-05-457
Current through Supplement No. 395, January, 2025
1. This section applies to each closed-vent system and control device installed and operated by the owner or operator to control air emissions in accordance with standards of sections 33.1-24-05-450 through 33.1-24-05-474.
2. The closed-vent system shall meet the following requirements:
a. The closed-vent
system shall route the gases, vapors, and fumes emitted from the hazardous
waste in the waste management unit to a control device that meets the
requirements specified in subsection 3.
b. The closed-vent system shall be designed
and operated in accordance with the requirements specified in subsection 11 of
section 33.1-24-05-403.
c. In the case when the closed-vent system
includes bypass devices that could be used to divert the gas or vapor stream to
the atmosphere before entering the control device, each bypass device shall be
equipped with either a flow indicator as specified in paragraph 1 or a seal or
locking device as specified in paragraph 2. For the purpose of complying with
this subdivision, low leg drains, high point bleeds, analyzer vents, open-ended
valves or lines, spring-loaded pressure relief valves, and other fittings used
for safety purposes are not considered to be bypass devices.
(1) If a flow indicator is used to comply
with this subdivision, the indicator shall 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 shall 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 owner or operator shall visually inspect the seal or closure
mechanism at least once every month to verify that the bypass mechanism is
maintained in the closed position.
d. The closed-vent system shall be inspected
and monitored by the owner or operator in accordance with the procedure
specified in subsection 12 of section
33.1-24-05-403.
3. The control device shall meet the following requirements:
a. The control device
shall be one of the following devices:
(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
33.1-24-05-403; or
(3) A flare designed and operated in
accordance with the requirements of subsection 4 of section
33.1-24-05-403.
b. The owner or operator who elects to use a
closed-vent system and control device to comply with the requirements of this
section shall comply with the requirements specified in paragraphs 1 through 6.
(1) Periods of planned routine maintenance of
the 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.
(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 owner or operator 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
33.1-24-05-459.
(5) The owner or operator shall correct
control device system malfunctions as soon as practicable after their
occurrence in order to minimize excess emissions of air pollutants.
(6) The owner or operator 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.
c. The owner or
operator using a carbon adsorption system to comply with subdivision a shall
operate and maintain the control device in accordance with the following
requirements:
(1) Following the initial
startup of the control device, all activated carbon in the control device shall
be replaced with fresh carbon on a regular basis in accordance with the
requirements of subsection 7 or 8 of section
33.1-24-05-403.
(2) All carbon that is a hazardous waste and
that is removed from the control device shall be managed in accordance with the
requirements of subsection 14 of section
33.1-24-05-403, regardless of
the average volatile organic concentration of the carbon.
d. An owner or operator using a control
device other than a thermal vapor incinerator, flare, boiler, process heater,
condensor, or carbon adsorption system to comply with subdivision a shall
operate and maintain the control device in accordance with the requirements of
subsection 10 of section
33.1-24-05-403.
e. The owner or operator shall demonstrate
that a control device achieves the performance requirements of subdivision a as
follows:
(1) An owner or operator 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:
(a) A
flare;
(b) A boiler or process
heater with a design heat input capacity of 44 megawatts or greater;
(c) A boiler or process heater into which the
vent stream is introduced with the primary fuel;
(d) A boiler or industrial furnace burning
hazardous waste for which the owner or operator has been issued a final permit
under 33.1-24-06 and has designed and operates the unit in accordance with the
requirements of sections
33.1-24-05-525 through
33.1-24-05-549; or
(e) A boiler or industrial furnace burning
hazardous waste for which the owner or operator has designed and operates in
accordance with sections
33.1-24-05-525 through
33.1-24-05-549.
(2) An owner or operator shall demonstrate
the performance of each flare in accordance with the requirements specified in
subsection 5 of section
33.1-24-05-403.
(3) For a performance test conducted to meet
the requirements of paragraph 1, the owner or operator shall use the test
methods and procedures specified in subdivisions a through d of subsection 3 of
section 33.1-24-05-404.
(4) For a design analysis conducted to meet
the requirements of paragraph 1, the design analysis shall meet the
requirements specified in paragraph 3 of subdivision d of subsection 2 of
section 33.1-24-05-405.
(5) The owner or operator 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.
f. If
the owner or operator and the department do not agree on a demonstration of
control device performance using a design analysis, then the disagreement shall
be resolved using the results of a performance test performed by the owner or
operator in accordance with the requirements of paragraph 3 of subdivision e.
The department may choose to have an authorized representative observe the
performance test.
g. The
closed-vent system and control device shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in subdivision b
of subsection 6 and subsection 12 of section
33.1-24-05-403. The readings
from each monitoring device required by subdivision b of subsection 6 of
section 33.1-24-05-403 shall be
inspected at least once each operating day to check control device operation.
Any necessary corrective measures shall be immediately implemented to ensure
the control device is operated in compliance with the requirements of section
33.1-24-05-457.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
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