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 EQUIPMENT LEAKS › Section 33.1-24-05-430 - Standards - Closed-vent systems and control devices

Current through Supplement No. 393, July, 2024
1. Owners and
				  operators of closed-vent systems and control devices subject to sections
				  33.1-24-05-420 through
				  33.1-24-05-449 shall comply with
				  the provisions of section
				  33.1-24-05-403.
2. For:
a.
				  The owner or operator of an existing facility who cannot install a closed-vent
				  system and control device to comply with the provisions of sections
				  33.1-24-05-420 through
				  33.1-24-05-449 on the effective
				  date that the facility becomes subject to the provisions of sections
				  33.1-24-05-420 through
				  33.1-24-05-449 must prepare an
				  implementation schedule that includes dates by which the closed-vent system and
				  control device will be installed and in operation. The controls must be
				  installed as soon as possible, but the implementation schedule may allow up to
				  thirty months after the effective date that the facility becomes subject to
				  sections
				  33.1-24-05-420 through
				  33.1-24-05-449 for installation
				  and start-up.
b. Any unit that
				  begins operation after December 21, 1990, and is subject to the provisions of
				  sections
				  33.1-24-05-420 through
				  33.1-24-05-449 when operation
				  begins, must comply with the rules immediately (for example, must have control
				  devices installed and operating on start-up of the affected unit); the
				  thirty-month implementation schedule does not apply.
c. The owner or operator of any facility in
				  existence on the effective date of a statutory or regulatory amendment that
				  renders the facility subject to sections
				  33.1-24-05-420 through
				  33.1-24-05-449 shall comply with
				  all requirements of sections
				  33.1-24-05-420 through
				  33.1-24-05-449 as soon as
				  practicable but no later than thirty months after the amendment's effective
				  date. When control equipment required by sections
				  33.1-24-05-420 through
				  33.1-24-05-449 cannot be
				  installed and begin operation by the effective date of the amendment, the
				  facility owner or operator shall prepare an implementation schedule that
				  includes the following information: specific calendar dates for award of
				  contracts or issuance of purchase orders for the control equipment, initiation
				  of onsite installation of the control equipment, completion of the control
				  equipment installation, and performance of any testing to demonstrate that the
				  installed equipment meets the applicable standards of sections
				  33.1-24-05-420 through
				  33.1-24-05-449. The owner or
				  operator shall enter the implementation schedule in the operating record or in
				  a permanent, readily available file located at the facility.
d. Owners and operators of facilities and
				  units that become newly subject to the requirements of sections
				  33.1-24-05-420 through
				  33.1-24-05-449 after December 8,
				  1997, due to an action other than those described in subdivision c must comply
				  with all applicable requirements immediately (for example, must have control
				  devices installed and operating on the date the facility or unit becomes
				  subject to sections
				  33.1-24-05-420 through
				  33.1-24-05-449; the thirty-month
				  implementation schedule does not apply).