North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-08 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 33.1-20-08-05 - Operating criteria

Current through Supplement No. 393, July, 2024
1. Air criteria.
a. The owner or operator of a CCR landfill,
				CCR surface impoundment, or any lateral expansion of a CCR unit shall adopt
				measures that will effectively minimize CCR from becoming airborne at the
				facility, including CCR fugitive dust originating from CCR units, roads, and
				other CCR management and material handling activities.
b. Coal combustion residuals fugitive dust
				control plan. The owner or operator of the CCR unit shall prepare and operate
				in accordance with a CCR fugitive dust control plan as specified in paragraphs
				1 through 6. This requirement applies in addition to, not in place of, any
				applicable standards under the Occupational Safety and Health Act.
(1) The CCR fugitive dust control plan shall
				identify and describe the CCR fugitive dust control measures the owner or
				operator will use to minimize CCR from becoming airborne at the facility. The
				owner or operator shall select, and include in the CCR fugitive dust control
				plan, the CCR fugitive dust control measures that are most appropriate for site
				conditions, along with an explanation of how the measures selected are
				applicable and appropriate for site conditions. Examples of control measures
				that may be appropriate include: Locating CCR inside an enclosure or partial
				enclosure; operating a water spray or fogging system; reducing fall distances
				at material drop points; using wind barriers, compaction, or vegetative covers;
				establishing and enforcing reduced vehicle speed limits; paving and sweeping
				roads; covering trucks transporting CCR; reducing or halting operations during
				high wind events; or applying a daily cover.
(2) If the owner or operator operates a CCR
				landfill or any lateral expansion of a CCR landfill, the CCR fugitive dust
				control plan shall include procedures to emplace CCR as conditioned CCR.
				Conditioned CCR means wetting CCR with water to a moisture content that will
				prevent wind dispersal but will not result in free liquids. In lieu of water,
				CCR conditioning may be accomplished with an appropriate chemical dust
				suppression agent.
(3) The CCR
				fugitive dust control plan must include procedures to log citizen complaints
				received by the owner or operator involving CCR fugitive dust events at the
				facility.
(4) The CCR fugitive dust
				control plan must include a description of the procedures the owner or operator
				will follow to periodically assess the effectiveness of the control
				plan.
(5) The owner or operator of
				an existing CCR unit shall include an initial CCR fugitive dust control plan
				for the facility with the application for a permit modification that meets the
				requirements of this chapter within twenty-four months of July 1, 2020, as
				required by subsection 9 of section 33.1-20-08-02. For new CCR units or lateral
				expansions of CCR units, the fugitive dust control plan must be included with
				the application for a new permit or permit modification. The owner or operator
				has completed the initial CCR fugitive dust control plan when the plan has been
				approved by the department and placed in the facility's operating
				record.
(6) Amendment of the plan.
				The owner or operator of a CCR unit subject to the requirements of this section
				may amend the written CCR fugitive dust control plan at any time with approval
				by the department, provided the revised plan is placed in the facility's
				operating record. The owner or operator shall amend the written plan whenever
				there is a change in conditions that would substantially affect the written
				plan in effect, such as the construction and operation of a new CCR
				unit.
c. Annual CCR
				fugitive dust control report. The owner or operator of a CCR unit shall prepare
				an annual CCR fugitive dust control report that includes a description of the
				actions taken by the owner or operator to control CCR fugitive dust, a record
				of all citizen complaints, and a summary of any corrective measures taken. The
				annual CCR fugitive dust control report shall be included with the facility's
				annual report required by subsection 4 of section 33.1-20-04.1-04. For purposes
				of this subdivision, the owner or operator has completed the annual CCR
				fugitive dust control report when the annual report has been submitted to the
				department and placed in the facility's operating record.