Section 33-24-05-430 - Standards - Closed-vent systems and control devices1. Owners and operators of closed-vent systems and control devices subject to sections 33-24-05-420 through 33-24-05-449 shall comply with the provisions of section 33-24-05-403. 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 33-24-05-420 through 33-24-05-449 on the effective date that the facility becomes subject to the provisions of sections 33-24-05-420 through 33-24-05-449 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 33-24-05-420 through 33-24-05-449 for installation and start-up. b. Any unit that begins operation after December 21, 1990, and is subject to the provisions of sections 33-24-05-420 through 33-24-05-449 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 33-24-05-420 through 33-24-05-449 shall comply with all requirements of sections 33-24-05-420 through 33-24-05-449 as soon as practicable but no later than thirty months after the amendment's effective date. When control equipment required by sections 33-24-05-420 through 33-24-05-449 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 33-24-05-420 through 33-24-05-449. 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 33-24-05-420 through 33-24-05-449 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 33-24-05-420 through 33-24-05-449; the thirty-month implementation schedule does not apply). N.D. Admin Code 33-24-05-430
Effective December 1, 1991; amended effective December 1, 2003.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04