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 › AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS › Section 33.1-24-05-452 - Standards - General

Current through Supplement No. 393, July, 2024
1. This section
				  applies to the management of hazardous waste in tanks, surface impoundments,
				  and containers subject to sections
				  33.1-24-05-450 through
				  33.1-24-05-474.
2. The owner or operator shall control air
				  pollutant emissions from each hazardous waste management unit in accordance
				  with standards specified in sections
				  33.1-24-05-454 through
				  33.1-24-05-457, as applicable to
				  the hazardous waste management unit, except as provided for in subsection
				  3.
3. A tank, surface impoundment,
				  or container is exempt from standards specified in sections
				  33.1-24-05-454 through
				  33.1-24-05-457, as applicable,
				  provided that the waste management unit is one of the following:
a. A tank, surface impoundment, or container
				  for which all hazardous waste entering the unit has an average VO concentration
				  at the point of waste origination of less than five hundred parts per million
				  by weight. The average VO concentration shall be determined using the
				  procedures specified in subsection 1 of section
				  33.1-24-05-453. The owner or
				  operator shall review and update, as necessary, this determination at least
				  once every twelve months following the date of the initial determination for
				  the hazardous waste streams entering the unit.
b. A tank, surface impoundment, or container
				  for which the organic content of all the hazardous waste entering the waste
				  management unit has been reduced by an organic destruction or removal process
				  that achieves any one of the following conditions:
(1) A process that removes or destroys the
				  organics contained in the hazardous waste to a level such that the average VO
				  concentration of the hazardous waste at the point of waste treatment is less
				  than the exit concentration limit (Ct) established for the process. The average
				  VO concentration of the hazardous waste at the point of waste treatment and the
				  exit concentration limit for the process shall be determined using the
				  procedures specified in subsection 2 of section
				  33.1-24-05-453.
(2) A process that removes or destroys the
				  organics contained in the hazardous waste to a level such that the organic
				  reduction efficiency (R) for the process is equal to or greater than
				  ninety-five percent, and the average VO concentration of the hazardous waste at
				  the point of waste treatment is less than one hundred parts per million weight.
				  The organic reduction efficiency for the process and the average VO
				  concentration of the hazardous waste at the point of waste treatment shall be
				  determined using the procedures specified in subsection 2 of section
				  33.1-24-05-453.
(3) A process that removes or destroys the
				  organics contained in the hazardous waste to a level such that the actual
				  organic mass removal rate (MR) for the process is equal to or greater than the
				  required organic mass removal rate (RMR) established for the process. The
				  required organic mass removal rate and the actual organic mass removal rate for
				  the process shall be determined using the procedures specified in subsection 2
				  of section
				  33.1-24-05-453.
(4) A biological process that destroys or
				  degrades the organics contained in the hazardous waste, such that either of the
				  following conditions is met:
(a) The organic
				  reduction efficiency (R) for the process is equal to or greater than
				  ninety-five percent, and the organic biodegradation efficiency (Rbio) for the
				  process is equal to or greater than ninety-five percent. The organic reduction
				  efficiency and the organic biodegradation efficiency for the process shall be
				  determined using the procedures specified in subsection 2 of section
				  33.1-24-05-453.
(b) The total actual organic mass
				  biodegradation rate (MRbio) for all hazardous waste treated by the process is
				  equal to or greater than the required organic mass removal rate (RMR). The
				  required organic mass removal rate and the actual organic mass biodegradation
				  rate for the process shall be determined using the procedures specified in
				  subsection 2 of section
				  33.1-24-05-453.
(5) A process that removes or destroys the
				  organics contained in the hazardous waste and meets all of the following
				  conditions:
(a) From the point of waste
				  origination through the point where the hazardous waste enters the treatment
				  process, the hazardous waste is managed continuously in waste management units
				  which use air emission controls in accordance with the standards specified in
				  sections
				  33.1-24-05-454 through
				  33.1-24-05-457, as applicable to
				  the waste management unit.
(b) From
				  the point of waste origination through the point where the hazardous waste
				  enters the treatment process, any transfer of the hazardous waste is
				  accomplished through continuous hard-piping or other closed system transfer
				  that does not allow exposure of the waste to the atmosphere. The department
				  considers a drain system that meets the requirements of 40 CFR part 63, subpart
				  RR - national emission standards for individual drain systems to be a closed
				  system.
(c) The average VO
				  concentration of the hazardous waste at the point of waste treatment is less
				  than the lowest average VO concentration at the point of waste origination
				  determined for each of the individual waste streams entering the process or
				  five hundred parts per million weight, whichever value is lower. The average VO
				  concentration of each individual waste stream at the point of waste origination
				  shall be determined using the procedures specified in subsection 1 of section
				  33.1-24-05-453. The average VO
				  concentration of the hazardous waste at the point of waste treatment shall be
				  determined using the procedures specified in subsection 2 of section
				  33.1-24-05-453.
(6) A process that removes or destroys the
				  organics contained in the hazardous waste to a level such that the organic
				  reduction efficiency (R) for the process is equal to or greater than
				  ninety-five percent and the owner or operator certifies that the average VO
				  concentration at the point of waste origination for each of the individual
				  waste streams entering the process is less than ten thousand parts per million
				  weight. The organic reduction efficiency for the process and the average VO
				  concentration of the hazardous waste at the point of waste origination must be
				  determined using the procedures specified in subsections 2 and 1 of section
				  33.1-24-05-453,
				  respectively.
(7) A hazardous waste
				  incinerator for which the owner or operator has either:
(a) Been issued a final permit under
				  33.1-24-06 which implements the requirements of sections
				  33.1-24-05-144 through
				  33.1-24-05-159; or
(b) Has designed and operates the incinerator
				  in accordance with the applicable interim status requirements of subsection 5
				  of section
				  33.1-24-06-16.
(8) A boiler or industrial furnace for which
				  the owner or operator has either:
(a) Been
				  issued a final permit under 33.1-24-06 which implements the requirements of
				  sections
				  33.1-24-05-525 through
				  33.1-24-05-549; or
(b) Has designed and operates the boiler or
				  industrial furnace in accordance with sections
				  33.1-24-05-525 through
				  33.1-24-05-549.
(9) For the purpose of determining the
				  performance of an organic destruction or removal process in accordance with the
				  conditions in each of paragraphs 1 through 6, the owner or operator shall
				  account for VO concentrations determined to be below the limit of detection of
				  the analytical method by using the following VO concentration:
(a) If method 25D in 40 CFR part 60, appendix
				  A, is used for the analysis, one-half the blank value determined in the method
				  at section 4.4 of method 25D in 40 CFR part 60, appendix A, or a value of
				  twenty-five parts per million by weight, whichever is less.
(b) If any other analytical method is used,
				  one-half the sum of the limits of detection established for each organic
				  constituent in the waste that has a Henry's law constant value at least 0.1
				  mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X)
				  (which can also be expressed as 1.8 x 10-6
				  atmospheres/gram - mole/m3) at twenty-five degrees
				  Celsius.
c. A
				  tank or surface impoundment used for biological treatment of hazardous waste in
				  accordance with the requirements of paragraph 4 of subdivision b.
d. A tank, surface impoundment, or container
				  for which all hazardous waste placed in the unit either:
(1) Meets the numerical concentration limits
				  for organic hazardous constituents, applicable to the hazardous waste, as
				  specified in sections
				  33.1-24-05-250 through
				  33.1-24-05-299 under table
				  "Treatment Standards for Hazardous Waste" in section
				  33.1-24-05-280; or
(2) The organic hazardous constituents in the
				  waste have been treated by the treatment technology established by the
				  environmental protection agency for the waste in subsection 1 of section
				  33.1-24-05-282, or have been
				  removed or destroyed by an equivalent method of treatment approved by the
				  environmental protection agency pursuant to subsection 2 of section
				  33.1-24-05-282.
e. A tank used for bulk feed of hazardous
				  waste to a waste incinerator and all of the following conditions are met:
(1) The tank is located inside an enclosure
				  vented to a control device that is designed and operated in accordance with all
				  applicable requirements specified under 40 CFR part 61, subpart FF - national
				  emission standards for benzene waste operations for a facility at which the
				  total annual benzene quantity from the facility waste is equal to or greater
				  than ten megagrams per year;
(2)
				  The enclosure and control device serving the tank were installed and began
				  operation prior to November 25, 1996; and
(3) The enclosure is designed and operated in
				  accordance with the criteria for a permanent total enclosure as specified in
				  "Procedure T - Criteria for and Verification of a Permanent or Temporary Total
				  Enclosure" under
				  40
				  CFR 52.741, appendix B. The enclosure may
				  have permanent or temporary openings to allow worker access; passage of
				  material into or out of the enclosure by conveyor, vehicles, or other
				  mechanical or electrical equipment; or to direct air flow into the enclosure.
				  The owner or operator shall perform the verification procedure for the
				  enclosure as specified in section 5.0 to "Procedure T - Criteria for and
				  Verification of a Permanent or Temporary Total Enclosure"
				  annually.