North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - 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 EQUIPMENT LEAKS › Section 33-24-05-430 - Standards - Closed-vent systems and control devices

Current through Supplement No. 393, July, 2024
1. Owners and operators of closed-vent
				  systems and control devices subject to sections
				  33-24-05-420 through 33-24-05-449
				  shall comply with the provisions of section
				  33-24-05-403.
2. For:
a.
				  The owner or operator of an existing facility who cannot install a closed-vent
				  system and control device to comply with the provisions of sections
				  33-24-05-420 through 33-24-05-449
				  on the effective date that the facility becomes subject to the provisions of
				  sections 33-24-05-420 through 33-24-05-449
				  must prepare an implementation schedule that includes dates by which the
				  closed-vent system and control device will be installed and in operation. The
				  controls must be installed as soon as possible, but the implementation schedule
				  may allow up to thirty months after the effective date that the facility
				  becomes subject to sections
				  33-24-05-420 through 33-24-05-449
				  for installation and start-up.
b.
				  Any unit that begins operation after December 21, 1990, and is subject to the
				  provisions of sections
				  33-24-05-420 through 33-24-05-449
				  when operation begins, must comply with the rules immediately (for example,
				  must have control devices installed and operating on start-up of the affected
				  unit); the thirty-month implementation schedule does not apply.
c. The owner or operator of any facility in
				  existence on the effective date of a statutory or regulatory amendment that
				  renders the facility subject to sections
				  33-24-05-420 through 33-24-05-449
				  shall comply with all requirements of sections
				  33-24-05-420 through 33-24-05-449
				  as soon as practicable but no later than thirty months after the amendment's
				  effective date. When control equipment required by sections
				  33-24-05-420 through 33-24-05-449
				  cannot be installed and begin operation by the effective date of the amendment,
				  the facility owner or operator shall prepare an implementation schedule that
				  includes the following information: specific calendar dates for award of
				  contracts or issuance of purchase orders for the control equipment, initiation
				  of onsite installation of the control equipment, completion of the control
				  equipment installation, and performance of any testing to demonstrate that the
				  installed equipment meets the applicable standards of sections
				  33-24-05-420 through 33-24-05-449.
				  The owner or operator shall enter the implementation schedule in the operating
				  record or in a permanent, readily available file located at the facility.
d. Owners and operators of
				  facilities and units that become newly subject to the requirements of sections
				  33-24-05-420 through 33-24-05-449
				  after December 8, 1997, due to an action other than those described in
				  subdivision c must comply with all applicable requirements immediately (for
				  example, must have control devices installed and operating on the date the
				  facility or unit becomes subject to sections
				  33-24-05-420 through 33-24-05-449;
				  the thirty-month implementation schedule does not apply).