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 › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-525 - Applicability to hazardous waste burned in boilers and industrial furnaces

Current through Supplement No. 393, July, 2024
1. The regulations of sections 33.1-24-05-525
				  through
				  33.1-24-05-549 apply to
				  hazardous waste burned or processed in a boiler or industrial furnace (as
				  defined in section
				  33.1-24-01-04)
				  irrespective of the purpose of burning or processing, except as provided by
				  subsections 2, 3, 4, 7, and 8. In sections 33.1-24-05-525 through
				  33.1-24-05-549, the term
				  "burn" means burning for energy recovery or destruction, or processing for
				  materials recovery or as an ingredient. The emissions standards of sections
				  33.1-24-05-529
				  through
				  33.1-24-05-532
				  apply to facilities operating under interim status or under a hazardous waste
				  operating permit as specified in sections
				  33.1-24-05-527
				  and
				  33.1-24-05-528.
2. Integration of the maximum achievable
				  control technology standards.
a. Except as
				  provided by subdivisions b through d, the standards of sections 33.1-24-05-525
				  through
				  33.1-24-05-549 do not
				  apply to a new hazardous waste boiler or industrial furnace 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 boiler or
				  industrial furnace 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 33.1-24-05-525 through
				  33.1-24-05-549 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 following
				  standards continue to apply:
(1) 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 startup, shutdown, and
				  malfunction events, subdivision a of subsection 5 of section
				  33.1-24-05-527
				  requiring operations in accordance with the operating requirements specified in
				  the permit at all times that hazardous waste is in the unit, and paragraph 3 of
				  subdivision b of subsection 5 of section
				  33.1-24-05-527
				  requiring compliance with the emission standards and operating requirements
				  during startup and shutdown if hazardous waste is in the combustion chamber,
				  except for particular hazardous wastes. These provisions apply only during
				  startup, shutdown, and malfunction events;
(2) The closure requirements of subdivision k
				  of subsection 5 of section
				  33.1-24-05-527
				  and subsection 12 of section
				  33.1-24-05-528;
(3) The standards for direct transfer of
				  section
				  33.1-24-05-536;
(4) The standards for regulation of residues
				  of section
				  33.1-24-05-537;
				  and
(5) The applicable requirements
				  of sections
				  33.1-24-05-01
				  through
				  33.1-24-05-88,
				  33.1-24-05-420
				  through
				  33.1-24-05-474, and
				  subsection 5 of section
				  33.1-24-06-16.
c. The owner or operator of a boiler or
				  hydrochloric acid production furnace that is an area source under
				  40
				  CFR section 63.2 and the owner or operator
				  elects not to comply with the emission standards under
				  40
				  CFR sections 63.1216,
				  63.1217,
				  and
				  63.1218
				  for particulate matter, semivolatile and low volatile metals, and total
				  chlorine, the owner or operator also remains subject to:
(1) Section
				  33.1-24-05-530
				  - Standards to control particulate matter;
(2) Section
				  33.1-24-05-531
				  - Standards to control metals emissions, except for mercury; and
(3) Section
				  33.1-24-05-532
				  - Standards to control hydrogen chloride and chlorine gas.
d. The particulate matter standard of section
				  33.1-24-05-530
				  remains in effect for boilers that elect to comply with the alternative to the
				  particulate matter standard under
				  40
				  CFR sections 63.1216(e) and
				  63.1217(e).