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 › BOILERS AND INDUSTRIAL FURNACES › Section 33-24-05-525 - Applicability to hazardous waste burned in boilers and industrial furnaces

Current through Supplement No. 393, July, 2024
1. The regulations of sections
				  33-24-05-525 through 33-24-05-549
				  apply to hazardous waste burned or processed in a boiler or industrial furnace
				  (as defined in section
				  33-24-01-04) irrespective of the
				  purpose of burning or processing, except as provided by subsections 2, 3, 4, 7,
				  and 8. In sections
				  33-24-05-525 through 33-24-05-549,
				  the term "burn" means burning for energy recovery or destruction, or processing
				  for materials recovery or as an ingredient. The emissions standards of sections
				  33-24-05-529 through
				  33-24-05-532 apply to facilities
				  operating under interim status or under a hazardous waste operating permit as
				  specified in sections
				  33-24-05-527 and
				  33-24-05-528.
2. Integration of the maximum achievable
				  control technology standards.
a. Except as
				  provided by subdivisions b through d, the standards of sections
				  33-24-05-525 through 33-24-05-549
				  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
				  33-24-05-525 through 33-24-05-549
				  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 33-24-06-100 to minimize emissions
				  of toxic compounds from startup, shutdown, and malfunction events, subdivision
				  a of subsection 5 of section
				  33-24-05-527 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
				  33-24-05-527 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
				  33-24-05-527 and subsection 12 of
				  section 33-24-05-528;
(3) The standards for direct transfer of
				  section 33-24-05-536;
(4) The standards for regulation of residues
				  of section
				  33-24-05-537; and
(5) The applicable requirements of sections
				  33-24-05-01 through 33-24-05-88,
				  33-24-05-420 through 33-24-05-474,
				  and subsection 5 of section
				  33-24-06-16.
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
				  33-24-05-530 - Standards to
				  control particulate matter;
(2)
				  Section 33-24-05-531 - Standards to
				  control metals emissions, except for mercury; and
(3) Section
				  33-24-05-532 - Standards to
				  control hydrogen chloride and chlorine gas.
d. The particulate matter standard of section
				  33-24-05-530 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).