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 › WASTE PILE REQUIREMENTS › Section 33-24-05-144 - Applicability of incinerator requirements

Current through Supplement No. 393, July, 2024
1. Sections
				  33-24-05-144 through 33-24-05-159
				  apply to owners or operators of hazardous waste incinerators, except as section
				  33-24-05-01 provides
				  otherwise.
2. Integration of the
				  maximum achievable control technology standards.
a. Except as provided by subdivisions b
				  through d, the standards of sections
				  33-24-05-144 through 33-24-05-159
				  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
				  33-24-05-01 through 33-24-05-190,
				  33-24-05-300 through 33-24-05-524,
				  33-24-05-550 through 33-24-05-559,
				  and 33-24-05-800 through 33-24-05-819
				  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
				  33-24-05-151 or the applicable
				  requirements of sections
				  33-24-05-01 through 33-24-05-88
				  and sections
				  33-24-05-420 through
				  33-24-05-474.
c. The particulate
				  matter standard of subsection 3 of section
				  33-24-05-147 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
				  33-24-06-100 to minimize emissions
				  of toxic compounds from these events:
(1)
				  Subsection 1 of section
				  33-24-05-149 requiring that an
				  incinerator operate in accordance with operating requirements specified in the
				  permit; and
(2) Subsection 3 of
				  section 33-24-05-149 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.