Section 33-24-05-400 - Applicability to air emission standards for process vents1. The regulations of sections 33-24-05-400 through 33-24-05-419 apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in section 33-24-05-01).2. Except for subsections 4 and 5 of section 33-24-05-404, sections 33-24-05-400 through 33-24-05-419 apply to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least ten parts per million weight, if these operations are conducted in one of the following: a. A unit that is subject to the permitting requirements of 33-24-06;b. A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of subsection 1 of section 33-24-03-12 (for example, a hazardous waste recycling unit that is not a ninety-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of 33-24-06; orc. A unit that is exempt from permitting under the provisions of subsection 1 of section 33-24-03-12 (for example, a ninety-day tank or container) and is not a recycling unit under the provisions of section 33-24-02-06.3. For the owner and operator of a facility subject to sections 33-24-05-400 through 33-24-05-419 and who received a final state-issued hazardous waste permit under 33-24 prior to December 6, 1996, the requirements of section 33-24-05-400 through 33-24-05-419 shall be incorporated into the permit when the permit is reissued in accordance with the requirements of section 33-24-07-11 or reviewed in accordance with the requirements of subsection 1 of section 33-24-06-06. Until such date when the owner and operator receive a final state-issued hazardous waste permit incorporating the requirements of sections 33-24-05-400 through 33-24-05-419, the owner and operator are subject to the applicable requirements of subsection 5 of section 33-24-06-16. [Note: The requirements of sections 33-24-05-402 through 33-24-05-406 apply to process vents on hazardous waste recycling units previously exempt under subdivision a of subsection 3 of section 33-24-02-06. Other exemptions under section 33-24-02-04 and subsection 7 of section 33-24-05-01 are not affected by these requirements.]
5. The requirements of sections 33-24-05-400 through 33-24-04-419 do not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to sections 33-24-05-400 through 33-24-05-419 are equipped with and operating air emission controls in accordance with the process vent requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, 61, or 63. The documentation of compliance under regulations at 40 CFR part 60, 61, or 63 shall be kept with, or made readily available with, the facility operating record.N.D. Admin Code 33-24-05-400
Effective December 1, 1991; amended effective January 1, 1994; July 1, 1997; December 1, 2003.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04