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 › WASTE PILE REQUIREMENTS › Section 33.1-24-05-144 - Applicability of incinerator requirements

Current through Supplement No. 393, July, 2024
1. Sections
				  33.1-24-05-144 through
				  33.1-24-05-159 apply to owners
				  or operators of hazardous waste incinerators, except as section
				  33.1-24-05-01 provides
				  otherwise.
2. Integration of the
				  maximum achievable control technology standards.
a. Except as provided by subdivisions b
				  through d, the standards of sections 33.1-24-05-144 through
				  33.1-24-05-159 do not apply to a
				  new hazardous waste incineration unit that becomes subject to hazardous waste
				  permit requirements after October 12, 2005, or no longer apply when an owner or
				  operator of an existing hazardous waste incineration unit demonstrates
				  compliance with the maximum achievable control technology requirements of 40
				  CFR part 63, subpart EEE by conducting a comprehensive performance test and
				  submitting to the department a notification of compliance under
				  40 CFR sections
				  63.1207(j) and
				  63.1210(d)
				  documenting compliance with the requirements of 40 CFR part 63, subpart EEE.
				  Nevertheless, even after this demonstration of compliance with the maximum
				  achievable control technology standards, hazardous waste permit conditions that
				  were based on the standards of sections
				  33.1-24-05-01 through
				  33.1-24-05-190,
				  33.1-24-05-300 through
				  33.1-24-05-524,
				  33.1-24-05-550 through
				  33.1-24-05-559, and
				  33.1-24-05-800 through
				  33.1-24-05-819 will continue to
				  be in effect until they are removed from the permit or the permit is terminated
				  or revoked, unless the permit expressly provides otherwise.
b. The maximum achievable control technology
				  standards do not replace the closure requirements of section
				  33.1-24-05-151 or the applicable
				  requirements of sections
				  33.1-24-05-01 through
				  33.1-24-05-88 and sections
				  33.1-24-05-420 through
				  33.1-24-05-474.
c. The particulate matter standard of
				  subsection 3 of section
				  33.1-24-05-147 remains in effect
				  for incinerators that elect to comply with the alternative to the particulate
				  matter standard under
				  40
				  CFR sections 63.1206(b)(14)
				  and
				  63.1219(e).
d. The following requirements remain in
				  effect for startup, shutdown, and malfunction events if a 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 these events:
(1) Subsection 1 of section
				  33.1-24-05-149 requiring that an
				  incinerator operate in accordance with operating requirements specified in the
				  permit; and
(2) Subsection 3 of
				  section 33.1-24-05-149 requiring
				  compliance with emission standards and operating requirements during startup
				  and shutdown if hazardous waste is in the combustion chamber, except for
				  particular hazardous wastes.