North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-24 - Hazardous Waste Management
Chapter 33.1-24-06 - Permits
Section 33.1-24-06-19 - Special forms of permits
Universal Citation: ND Admin Code ยง 33.1-24-06-19
Current through Supplement No. 394, October, 2024
1. Emergency permits. Notwithstanding any other provisions of this chapter or chapter 33.1-24-07, if the department finds an imminent and substantial endangerment to human health or the environment, the department may issue a temporary emergency permit to a nonpermitted facility to allow treatment, storage, or disposal of hazardous waste or a permitted facility to allow treatment, storage, or disposal of a hazardous waste not covered by an effective permit. This emergency permit:
a. May be oral or written.
If oral, it shall be followed in five days by a written emergency
permit;
b. May not exceed ninety
days in duration;
c. Must clearly
specify the hazardous wastes to be received and the manner and location of
their treatment, storage, or disposal;
d. May be terminated by the department at any
time without process if the department determines that termination is
appropriate to protect human health and the environment;
e. Must be accompanied by a public notice
published under subsection 2 of section
33.1-24-07-06, including:
(1) Name and address of the office granting
the emergency authorization;
(2)
Name and location of the permitted hazardous waste management
facility;
(3) A brief description
of the wastes involved;
(4) A brief
description of the action authorized and reasons for authorizing it;
and
(5) Duration of the emergency
permit; and
f. Must
incorporate, to the extent possible and not inconsistent with the emergency
situation, all applicable requirements of this chapter and
33.1-24-05.
2. Hazardous waste incinerator permits. When an owner or operator of a hazardous waste incineration unit becomes subject to hazardous waste permit requirements after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart EEE (for example, by conducting a comprehensive performance test and submitting a notification of compliance under 40 CFR sections 63.1207(j) and 63.1210(d) documenting compliance with all applicable requirements of 40 CFR part 63, subpart EEE), the requirements of this subsection do not apply, except those provisions the department determines are necessary to ensure compliance with subsections 1 and 3 of section 33.1-24-05-149 if the permittee elects to comply with paragraph 1 of subdivision a of subsection 1 of section 33.1-24-06-100 to minimize emissions of toxic compounds from startup, shutdown, and malfunction events. Nevertheless, the department may apply the provisions of this subsection, on a case-by-case basis, for purposes of information collection in accordance with subsections 11 and 12 of section 33.1-24-06-01 and subdivisions b and c of subsection 2 of section 33.1-24-06-05.
a. For the purposes of determining
operational readiness following completion of physical construction, the
department shall establish permit conditions, including allowable waste feeds
and operating conditions in the permit to a new hazardous waste incinerator.
These permit conditions will be effective for the minimum time required to
bring the incinerator to a point of operational readiness sufficient to conduct
a trial burn, not to exceed seven hundred twenty hours operating time for
treatment of hazardous waste. The department may extend the duration of this
operational period once for up to seven hundred twenty additional hours at the
request of the applicant when good cause is shown. The permit may be modified
to reflect the extension according to section
33.1-24-06-14.
(1) Applicants shall submit a statement with
the permit application which suggests the conditions necessary to operate in
compliance with the performance standards of section
33.1-24-05-147 during this
period. This statement should include, at a minimum, restrictions on waste
constituents, waste feed rates, and the operating parameters identified in
section 33.1-24-05-149.
(2) The department will review this statement
and any other relevant information submitted with the permit application and
specify requirements for this period sufficient to meet the performance
standards of section
33.1-24-05-147 based on the
department's engineering judgment.
b. For the purposes of determining
feasibility of compliance with the performance standards of section
33.1-24-05-147 and of
determining adequate operating conditions under section
33.1-24-05-149, the department
shall establish conditions in the permit for a new hazardous waste incinerator
to be effective during the trial burn.
(1)
Applicants must propose a trial burn plan prepared under paragraph 2 with the
permit application.
(2) The trial
burn plan must include the following information:
(a) An analysis of each waste or mixture of
wastes to be burned which includes:
[1] Heat
value of the waste in the form and composition in which it will be
burned.
[2] Viscosity (if
applicable), or description of physical form of the waste.
[3] An identification of any hazardous
organic constituents listed in 33.1-24-02, appendix V, which are present in the
waste to be burned, except that the applicant need not analyze for constituents
listed in 33.1-24-02, appendix V, which would reasonably not be expected to be
found in the waste. The constituents excluded from analysis must be identified
and the basis for their exclusion stated. The waste analysis must rely on
appropriate analytical techniques.
[4] An approximate quantification of the
hazardous constituents identified in the waste, within the precision produced
by appropriate analytical methods.
(b) A detailed engineering description of the
incinerator for which the permit is sought, including:
[1] Manufacturer's name and model number of
incinerator (if available).
[2]
Type of incinerator.
[3] Linear
dimensions of the incinerator unit, including cross-sectional area of
combustion chamber.
[4] Description
of the auxiliary fuel system (type/feed).
[5] Capacity of prime mover.
[6] Description of automatic waste feed
cutoff system or systems.
[7] Stack
gas monitoring and pollution control equipment.
[8] Nozzle and burner design.
[9] Construction materials.
[10] Location and description of temperature,
pressure, and flow indicating and control devices.
(c) A detailed description of sampling and
monitoring procedures, including sampling and monitoring locations in the
system, the equipment to be used, sampling and monitoring frequency, and
planned analytical procedures for sample analysis.
(d) A detailed test schedule for each waste
for which the trial burn is planned, including dates, duration, quantity of
waste to be burned, and other factors relevant to the department's decision
under paragraph 5.
(e) A detailed
test protocol, including, for each waste identified, the ranges of temperature,
waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other
relevant parameters that will be varied to affect the destruction and removal
efficiency of the incinerator.
(f)
A description of, and planned operating conditions for, any emission control
equipment which will be used.
(g)
Procedures for rapidly stopping waste feed, shutting down the incinerator, and
controlling emissions in the event of an equipment malfunction.
(h) Such other information as the department
reasonably finds necessary to determine whether to approve the trial burn plan
in light of the purposes of this paragraph and the criteria in paragraph
5.
(3) In reviewing the
trial burn plan, the department shall evaluate the sufficiency of the
information provided and may require the applicant to supplement this
information, if necessary, to achieve the purposes of this
subsection.
(4) Based on the waste
analysis data in the trial burn plan, the department will specify as trial
principal organic hazardous constituents those constituents for which
destruction and removal efficiencies must be calculated during the trial burn.
These trial principal organic hazardous constituents will be specified by the
department based on the department's estimate of the difficulty of incineration
of the constituents identified in the waste analysis, their concentration or
mass in the waste feed, and, for wastes listed in sections
33.1-24-02-15 through
33.1-24-02-19, the hazardous
waste organic constituent or constituents identified in appendix IV of
33.1-24-02 as the basis for listing.
(5) The department shall approve a trial burn
plan if the department finds that:
(a) The
trial burn is likely to determine whether the incinerator performance standard
required by section
33.1-24-05-147 can be
met;
(b) The trial burn itself will
not present an imminent hazard to human health or the environment;
(c) The trial burn will help the department
determine operating requirements to be specified under section
33.1-24-05-149; and
(d) The information sought in subparagraphs a
and c cannot reasonably be developed through other means.
(6) The department must send a notice to all
persons on the facility mailing list as set forth in paragraph 4 of subdivision
a of subsection 3 of section
33.1-24-07-06 and to the
appropriate units of state and local government as set forth in subdivision b
of subsection 3 of section
33.1-24-07-06 announcing the
scheduled commencement and completion dates for the trial burn. The applicant
may not commence the trial burn until after the department has issued such
notice.
(a) This notice must be mailed within
a reasonable time period before the scheduled trial burn. An additional notice
is not required if the trial burn is delayed due to circumstances beyond the
control of the facility or the department.
(b) This notice must contain:
[1] The name and telephone number of the
applicant's contact person;
[2] The
name and telephone number of the department's contact office;
[3] The location where the approved trial
burn plan and any supporting documents can be reviewed and copied;
and
[4] An expected time period for
commencement and completion of the trial burn.
(7) During each approved trial burn (or as
soon after the burn as practicable), the applicant must make the following
determinations:
(a) A quantitative analysis of
the trial principal organic hazardous constituents in the waste feed to the
incinerator.
(b) A quantitative
analysis of the exhaust gas for the concentration and mass emissions of the
trial principal organic hazardous constituents, oxygen, and hydrogen
chloride.
(c) A quantitative
analysis of the scrubber water (if any), ash residues, and other residues, for
the purpose of estimating the fate of the trial principal organic hazardous
constituents.
(d) A computation of
destruction and removal efficiency, in accordance with the destruction and
removal efficiency formula specified in subsection 1 of section
33.1-24-05-147.
(e) If the hydrogen chloride emission rate
exceeds one and eight-tenths kilograms of hydrogen chloride per hour [4 pounds
per hour], a computation of the hydrogen chloride removal efficiency in
accordance with subsection 2 of section
33.1-24-05-147.
(f) A computation of particulate emissions,
in accordance with subsection 3 of section
33.1-24-05-147.
(g) An identification of sources of fugitive
emissions and their means of control.
(h) A measurement of average, maximum, and
minimum temperatures and combustion gas velocity.
(i) A continuous measurement of carbon
monoxides in the exhaust gas.
(j)
Such other information as the department may specify as necessary to ensure
that the trial burn will determine compliance with the performance standard in
section 33.1-24-05-147 and to establish
the operating conditions required by section
33.1-24-05-149 as necessary to
meet that performance standard.
(8) The applicant shall submit to the
department a certification that the trial burn has been carried out in
accordance with the approved trial burn plan and shall submit the results of
all the determinations required in paragraph 6. This submission must be made
within ninety days of the completion of the trial burn, or later if approved by
the department.
(9) All data
collected during any trial burn must be submitted to the department following
the completion of the trial burn.
(10) All submissions required by this
subdivision must be certified on behalf of the applicant by the signature of a
person authorized to sign a permit application or a report under section
33.1-24-06-03.
(11) Based on the results of the trial burn,
the department shall set the operating requirements in the final permit
according to section
33.1-24-05-149. The permit
modification shall proceed according to section
33.1-24-06-14.
c. For the purposes of allowing
operation of a new hazardous waste incinerator following completion of the
trial burn and prior to final modification of the permit conditions to reflect
the trial burn results, the department may establish permit conditions,
including allowable waste feeds and operating conditions sufficient to meet the
requirements of section
33.1-24-05-149 in the permit to
a new hazardous waste incinerator. These permit conditions will be effective
for the minimum time required to complete sample analysis, data computation,
and submission of the trial burn results by the applicant, and modification of
the facility permit by the department.
(1)
Applicants shall submit a statement with the permit application which
identifies the conditions necessary to operate in compliance with the
performance standards of section
33.1-24-05-147 during this
period. This statement should include, at a minimum, restrictions on waste
constituents, waste feed rates, and the operating parameters identified in
section 33.1-24-05-149.
(2) The department will review this statement
and any other relevant information submitted with the permit application and
specify those requirements for this period most likely to meet the performance
standards of section
33.1-24-05-147 based on the
department's engineering judgment.
d. For the purpose of determining feasibility
of compliance with the performance standards of section
33.1-24-05-147 and of
determining adequate operating conditions under section
33.1-24-05-149, the applicant
for a permit for an existing hazardous waste incinerator must prepare and
submit a trial burn plan and perform a trial burn in accordance with paragraph
2 of subdivision w of subsection 2 of section
33.1-24-06-17 and paragraphs 2
through 5 and 7 through 10 of subdivision b or, instead, submit other
information as specified in paragraph 3 of subdivision w of subsection 2 of
section 33.1-24-06-17. The department
must announce the department's intention to approve the trial burn plan in
accordance with the timing and distribution requirements of paragraph 6 of
subdivision b. The contents of the notice must also include a schedule of the
activities that are required prior to permit issuance. Applicants submitting
information under paragraph 1 of subdivision w of subsection 2 of section
33.1-24-06-17 are exempt from
compliance with sections
33.1-24-05-147 and
33.1-24-05-149 and, therefore,
are exempt from the requirement to conduct a trial burn. Applicants who submit
trial burn plans and receive approval before submission of a permit application
must complete the trial burn and submit the results specified in paragraph 6 of
subdivision b, with part B of the permit application. If completion of this
process conflicts with the date set for submission of the part B application,
the applicant must contact the department to establish a later date for
submission of the part B application or the trial burn results. Trial burn
results must be submitted prior to issuance of the permit. When the applicant
submits a trial burn plan with part B of the permit application, the department
will specify a time period prior to permit issuance in which the trial burn
must be conducted and the results submitted.
3. Permits for land treatment demonstrations using field tests or laboratory analyses.
a. For the purpose of allowing an owner or
operator to meet the treatment demonstration requirements of section
33.1-24-05-162, the department
may issue a treatment demonstration permit. The permit must contain only those
requirements necessary to meet the standards in subsection 3 of section
33.1-24-05-162. The permit may
be issued either as a treatment or disposal permit covering only the field test
or laboratory analyses or as a two-phase facility permit covering field tests
or laboratory analyses and design construction, operation, and maintenance of
the land treatment unit.
(1) The department
may issue a two-phase facility permit if the department finds that based on
information submitted in the permit application substantial, although
incomplete or inconclusive, information already exists on which to base the
issuance of a facility permit.
(2)
If the department finds that not enough information exists upon which the
department can establish permit conditions to attempt to provide for compliance
with all the requirements of the land treatment requirements in sections
33.1-24-05-160 through
33.1-24-05-175, the department
shall issue a treatment demonstration permit covering only the field test or
laboratory analyses.
b.
If the department finds that a phased permit may be issued, the department will
establish as requirements in the first phase of the facility permit conditions
for conducting a field test or laboratory analyses. These permit conditions
will contain design and operating parameters (including the duration of the
tests or analyses and, in the case of field tests, the horizontal and vertical
dimensions of the treatment zone), monitoring procedures, postdemonstration
cleanup activities, and any other conditions which the department finds may be
necessary under subsection 3 of section
33.1-24-05-162. The department
will include conditions in the second phase of the facility permit to attempt
to meet all the requirements in sections
33.1-24-05-160 through
33.1-24-05-175 pertaining to
unit design, construction, operation, and maintenance. The department will
establish these conditions in the second phase of the permit, based upon the
substantial but incomplete or inconclusive information contained in the permit
application.
(1) The first phase of the
permit will be effective as provided in subsection 2 of section
33.1-24-07-11.
(2) The second phase of the permit will be
effective as provided in subdivision d.
c. When the owner or operator who has been
issued a two-phase permit has completed the treatment demonstration, the owner
or operator shall submit to the department a certification signed by a person
authorized to sign a permit application or report under section
33.1-24-06-03 that the field
tests or laboratory analyses have been carried out in accordance with the
conditions specified in phase one of the permit for conducting such tests or
analyses. The owner or operator shall also submit all data collected during the
field tests or laboratory analyses within ninety days of completion of those
tests or analyses, unless the department approves a later date.
d. If the department determines that the
results of the field tests or laboratory analyses meet the requirements of
section 33.1-24-05-162, the department
will modify the second phase of the permit to incorporate any requirements
necessary for operation of the facility in compliance with sections
33.1-24-05-160 through
33.1-24-05-175, based upon the
results of the field tests or laboratory analyses.
(1) This permit modification may proceed
under section
33.1-24-06-14, or otherwise
proceed as a modification under subdivision b of subsection 1 of section
33.1-24-06-12. If such
modifications are necessary, the second phase of the permit will become
effective only after those modifications have been made.
(2) If no modifications of the second phase
of the permit are necessary, the department will give notice of the
department's final decision to the permit applicant and to each person who
submitted written comments on the phased permit or who requested notice of the
final decision on the second phase of the permit. The second phase of the
permit then will become effective as specified in subsection 2 of section
33.1-24-07-11.
4. Permits for boilers and industrial furnaces burning hazardous waste. When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject to hazardous waste permit requirements after October 12, 2005, or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart EEE (for example, by conducting a comprehensive performance test and submitting a notification of compliance under 40 CFR sections 63.1207(j) and 63.1210(d) documenting compliance with all applicable requirements of 40 CFR part 63, subpart EEE), the requirements of this subsection do not apply. The requirements of this subsection do apply, however, if the department determines certain provisions are necessary to ensure compliance with subdivision a of subsection 5 of section 33.1-24-05-527 and paragraph 3 of subdivision b of subsection 5 of section 33.1-24-05-527 if the permittee elects to comply with paragraph 1 of subdivision a of subsection 1 of section 33.1-24-06-100 to minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if the permittee is an area source and elects to comply with the sections 33.1-24-05-530, 33.1-24-05-531, and 33.1-24-05-532 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and nonmercury metals; or the department determines certain provisions apply, on a case-by-case basis, for purposes of information collection in accordance with subsections 11 and 12 of section 33.1-24-06-01 and subdivisions b and c of subsection 2 of section 33.1-24-06-05.
a. General. Owners and operators of new
boilers and industrial furnaces (those not operating under the interim status
standards of section
33.1-24-05-528) are subject to
subdivisions b through f. Boilers and industrial furnaces operating under the
interim status standards of section
33.1-24-05-528 are subject to
subdivision g.
b. Permit operating
periods for new boilers and industrial furnaces. A permit for a new boiler or
industrial furnace shall specify appropriate conditions for the following
operating periods:
(1) Pretrial burn period.
For the period beginning with initial introduction of hazardous waste and
ending with initiation of the trial burn, and only for the minimum time
required to bring the boiler or industrial furnace to a point of operational
readiness to conduct a trial burn, not to exceed seven hundred twenty hours
operating time when burning hazardous waste, the department must establish in
the pretrial burn period of the permit conditions, including allowable
hazardous waste feed rates and operating conditions. The department may extend
the duration of this operational period once, for up to seven hundred twenty
additional hours, at the request of the applicant when good cause is shown. The
permit may be modified to reflect the extension according to section
33.1-24-06-14.
(a) Applicants must submit a statement, with
part B of the permit application, that suggests the conditions necessary to
operate in compliance with the standards of sections
33.1-24-05-529 through
33.1-24-05-532 during this
period. This statement should include, at a minimum, restrictions on the
applicable operating requirements identified in subsection 5 of section
33.1-24-05-527.
(b) The department will review this statement
and any other relevant information submitted with part B of the permit
application and specify requirements for this period sufficient to meet the
performance standards of sections
33.1-24-05-529 through
33.1-24-05-532 based on the
department's engineering judgment.
(2) Trial burn period. For the duration of
the trial burn, the department must establish conditions in the permit for the
purposes of determining feasibility of compliance with the performance
standards of sections
33.1-24-05-529 through
33.1-24-05-532 and determining
adequate operating conditions under subsection 5 of section
33.1-24-05-527. Applicants must
propose a trial burn plan, prepared under subdivision c, to be submitted with
part B of the permit application.
(3) Posttrial burn period.
(a) For the period immediately following
completion of the trial burn, and only for the minimum period sufficient to
allow sample analysis, data computation, and submission of the trial burn
results by the applicant, and review of the trial burn results and modification
of the facility permit by the department to reflect the trial burn results, the
department will establish the operating requirements most likely to ensure
compliance with the performance standards of sections
33.1-24-05-529 through
33.1-24-05-532 based on the
department's engineering judgment.
(b) Applicants must submit a statement, with
part B of the application, that identifies the conditions necessary to operate
during this period in compliance with the performance standards of sections
33.1-24-05-529 through
33.1-24-05-532. This statement
should include, at a minimum, restrictions on the operating requirements
provided by subsection 5 of section
33.1-24-05-527.
(c) The department will review this statement
and any other relevant information submitted with part B of the permit
application and specify requirements for this period sufficient to meet the
performance standards of sections
33.1-24-05-529 through
33.1-24-05-532 based on the
department's engineering judgment.
(4) Final permit period. For the final period
of operation, the department will develop operating requirements in conformance
with subsection 5 of section
33.1-24-05-527 that reflect
conditions in the trial burn plan and are likely to ensure compliance with the
performance standards of sections
33.1-24-05-529 through
33.1-24-05-532. Based on the
trial burn results, the department shall make any necessary modifications to
the operating requirements to ensure compliance with the performance standards.
The permit modification shall proceed according to section
33.1-24-06-14.
c. Requirements for trial burn
plans. The trial burn plan must include the following information. The
department, in reviewing the trial burn plan, shall evaluate the sufficiency of
the information provided and may require the applicant to supplement this
information, if necessary, to achieve the purposes of this subdivision:
(1) An analysis of each feed stream,
including hazardous waste, other fuels, and industrial furnace feedstocks, as
fired, that includes:
(a) Heating value,
levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead,
mercury, silver, thallium, total chlorine/chloride, and ash; and
(b) Viscosity or description of the physical
form of the feed stream;
(2) An analysis of each hazardous waste, as
fired, including:
(a) An identification of
any hazardous organic constituents listed in appendix V of 33.1-24-02, that are
present in the feed stream, except that the applicant need not analyze for
constituents listed in appendix V of 33.1-24-02 that would reasonably not be
expected to be found in the hazardous waste. The constituents excluded from
analysis must be identified and the basis for this exclusion explained. The
waste analysis must be conducted in accordance with appropriate analytical
techniques.
(b) An approximate
quantification of the hazardous constituents identified in the hazardous waste,
within the precision produced by appropriate analytical methods.
(c) A description of blending procedures, if
applicable, prior to firing the hazardous waste, including a detailed analysis
of the hazardous waste prior to blending, an analysis of the material with
which the hazardous waste is blended, and blending ratios.
(3) A detailed engineering description of the
boiler or industrial furnace, including:
(a)
Manufacturer's name and model number of the boiler or industrial
furnace;
(b) Type of boiler or
industrial furnace;
(c) Maximum
design capacity in appropriate units;
(d) Description of the feed system for the
hazardous waste, and, as appropriate, other fuels and industrial furnace
feedstocks;
(e) Capacity of
hazardous waste feed system;
(f)
Description of automatic hazardous waste feed cutoff systems;
(g) Description of any air pollution control
system; and
(h) Description of
stack gas monitoring and any pollution control monitoring systems.
(4) A detailed description of
sampling and monitoring procedures, including sampling and monitoring locations
in the system, the equipment to be used, sampling and monitoring frequency, and
planned analytical procedures for sample analysis.
(5) A detailed test schedule for each
hazardous waste for which the trial burn is planned, including dates, duration,
quantity of hazardous waste to be burned, and other factors relevant to the
department's decision under paragraph 2 of subdivision b.
(6) A detailed test protocol, including, for
each hazardous waste identified, the ranges of hazardous waste feed rate, and,
as appropriate, the feed rates of other fuels and industrial furnace
feedstocks, and any other relevant parameters that may affect the ability of
the boiler or industrial furnace to meet the performance standards in sections
33.1-24-05-529 through
33.1-24-05-532.
(7) A description of, and planned operating
conditions for, any emission control equipment that will be used.
(8) Procedures for rapidly stopping the
hazardous waste feed and controlling emissions in the event of an equipment
malfunction.
(9) Such other
information as the department reasonably finds necessary to determine whether
to approve the trial burn plan in light of the purposes of this subdivision and
the criteria in paragraph 2 of subdivision b.
d. Trial burn procedures.
(1) A trial burn must be conducted to
demonstrate conformance with the standards of sections
33.1-24-05-529 through
33.1-24-05-532 under an approved
trial burn plan.
(2) The department
shall approve a trial burn plan if the department finds that:
(a) The trial burn is likely to determine
whether the boiler or industrial furnace can meet the performance standards of
sections
33.1-24-05-529 through
33.1-24-05-532;
(b) The trial burn itself will not present an
imminent hazard to human health and the environment;
(c) The trial burn will help the department
to determine operating requirements to be specified under subsection 5 of
section 33.1-24-05-527; and
(d) The information sought in the trial burn
cannot reasonably be developed through other means.
(3) The department must send a notice to all
persons on the facility mailing list as set forth in subdivision a of
subsection 3 of section
33.1-24-07-06 and to the
appropriate units of local government as set forth in subdivision b of
subsection 3 of section
33.1-24-07-06 announcing the
scheduled commencement and completion dates for the trial burn. The applicant
may not commence the trial burn until after the department has issued such
notice. This notice must be mailed within a reasonable time period before the
trial burn. An additional notice is not required if the trial burn is delayed
due to circumstances beyond the control of the facility or the department. This
notice must contain:
(a) The name and
telephone number of the applicant's contact person;
(b) The name and telephone number of the
department contact;
(c) The
location where the approved trial burn plan and any supporting documents can be
reviewed and copied; and
(d) An
expected time period for commencement and completion of the trial
burn.
(4) The applicant
must submit to the department a certification that the trial burn has been
carried out in accordance with the approved trial burn plan and must submit the
results of all the determinations required in subdivision c. This submission
shall be made within ninety days of completion of the trial burn, or later if
approved by the department.
(5) All
data collected during any trial burn must be submitted to the department
following completion of the trial burn.
(6) All submissions required by this
subdivision must be certified on behalf of the applicant by the signature of a
person authorized to sign a permit application or a report under section
33.1-24-06-03.
e. Special procedures for
destruction and removal efficiency trial burns. When a destruction and removal
efficiency trial burn is required under subsection 1 of section
33.1-24-05-529, the department
will specify (based on the hazardous waste analysis data and other information
in the trial burn plan) as trial principal organic hazardous constituents those
compounds for which destruction and removal efficiencies must be calculated
during the trial burn. These trial principal organic hazardous constituents
will be specified by the department based on information, including the
department's estimate of the difficulty of destroying the constituents
identified in the hazardous waste analysis, their concentrations or mass in the
hazardous waste feed, and, for hazardous waste containing or derived from
wastes listed in sections
33.1-24-02-15 through
33.1-24-02-19, the hazardous
waste organic constituent or constituents identified in appendix IV of
33.1-24-02 as the basis for listing.
f. Determinations based on trial burn. During
each approved trial burn (or as soon after the burn as is practicable), the
applicant must make the following determinations:
(1) A quantitative analysis of the levels of
antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury,
thallium, silver, and chlorine/chloride, in the feed streams (hazardous waste,
other fuels, and industrial furnace feedstocks);
(2) When a destruction and removal efficiency
trial burn is required under subsection 1 of section
33.1-24-05-529:
(a) A quantitative analysis of the trial
principal organic hazardous constituents in the hazardous waste feed;
(b) A quantitative analysis of the stack gas
for the concentration and mass emissions of the trial principal organic
hazardous constituents; and
(c) A
computation of destruction and removal efficiency, in accordance with the
destruction and removal efficiency formula specified in subsection 1 of section
33.1-24-05-529;
(3) When a trial burn for
chlorinated dioxins and furans is required under subsection 5 of section
33.1-24-05-529, a quantitative
analysis of the stack gas for the concentration and mass emission rate of the
2,3,7,8-chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and
furans, and a computation showing conformance with the emission
standard;
(4) When a trial burn for
particulate matter, metals, hydrogen chloride or chlorine is required under
section 33.1-24-05-530, subsection 3 or
4 of section
33.1-24-05-531, or subdivision b
of subsection 2 or subsection 3 of section
33.1-24-05-532, a quantitative
analysis of the stack gas for the concentrations and mass emissions of
particulate matter, metals, or hydrogen chloride and chlorine, and computations
showing conformance with the applicable emission performance
standards;
(5) When a trial burn
for destruction and removal efficiency, metals, or hydrogen chloride or
chlorine is required under subsection 1 of section
33.1-24-05-529, subsection 3 or
4 of section
33.1-24-05-531, or subdivision b
of subsection 2 or subsection 3 of section
33.1-24-05-532, a quantitative
analysis of the scrubber water (if any), ash residues, other residues, and
products for the purpose of estimating the fate of the trial principal organic
hazardous constituents, metals, and chlorine/chloride;
(6) An identification of sources of fugitive
emissions and their means of control;
(7) A continuous measurement of carbon
monoxide, oxygen, and where required, hydrocarbons, in the stack gas;
and
(8) Such other information as
the department may specify as necessary to ensure that the trial burn will
determine compliance with the performance standards in sections
33.1-24-05-529 through
33.1-24-05-532 and to establish
the operating conditions required by subsection 5 of section
33.1-24-05-527 as necessary to
meet those performance standards.
g. Interim status boilers and industrial
furnaces. For the purpose of determining feasibility of compliance with the
performance standards of sections
33.1-24-05-529 through
33.1-24-05-532 and of
determining adequate operating conditions under section
33.1-24-05-528, applicants
owning or operating existing boilers or industrial furnaces operated under the
interim status standards of section
33.1-24-05-528 must either
prepare and submit a trial burn plan and perform a trial burn in accordance
with the requirements of this subsection or submit other information as
specified in subparagraph f of paragraph 1 of subdivision ff of subsection 2 of
section 33.1-24-06-17. The department
must announce its intention to approve of the trial burn plan in accordance
with the timing and distribution requirements of paragraph 3 of subdivision d.
The contents of the notice must include: the name and telephone number of a
contact person at the facility; the name and telephone number of the department
contact; the location where the trial burn plan and any supporting documents
can be reviewed and copied; and a schedule of the activities that are required
prior to permit issuance, including the anticipated time schedule for
department approval of the plan and the time periods during which the trial
burn would be conducted. Applicants who submit a trial burn plan and receive
approval before submission of the part B permit application must complete the
trial burn and submit the results specified in subdivision f with the part B
permit application. If completion of this process conflicts with the date set
for submission of the part B application, the applicant must contact the
department to establish a later date for submission of the part B application
or the trial burn results. If the applicant submits a trial burn plan with part
B of the permit application, the trial burn must be conducted and the results
submitted within a time period prior to permit issuance to be specified by the
department.
5. Remedial action plans. Remedial action plans (RAPs) are special forms of permits that are regulated under sections 33.1-24-06-30 through 33.1-24-06-35.
6. Hazardous waste standardized permits. Standardized permits are special forms of permits for treatment, storage, or disposal owners or operators that:
a. Generate hazardous waste and then
nonthermally treat or store the hazardous waste onsite in tanks, containers, or
containment buildings; or
b.
Receive hazardous waste generated offsite by a generator under the same
ownership as the receiving facility, and then store or nonthermally treat the
hazardous waste in containers, tanks, or containment buildings. Standardized
permit facility owners or operators are regulated under sections
33.1-24-06-45 through
33.1-24-06-85,
33.1-24-07-40 through
33.1-24-07-54, and
33.1-24-05-950 through
33.1-24-05-1149.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08, 23.1-04-15; S.L. 2017, ch. 199, § 19
Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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