Section 33-24-05-403 - Standards - Closed-vent systems and control devices1. Requirements for owners or operators of closed-vent systems and control devices. a. Owners or operators of closed-vent systems and control devices used to comply with provisions of sections 33-24-05-01 through 33-24-05-190, 33-24-05-300 through 33-24-05-524, 33-24-05-550 through 33-24-05-559, and 33-24-05-800 through 33-24-05-819 shall comply with the provisions of this section.b. For: (1) 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 33-24-05-400 through 33-24-05-419 on the effective date that the facility becomes subject to the provisions of sections 33-24-05-400 through 33-24-05-419 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 33-24-05-400 through 33-24-05-419 for installation and start-up.(2) Any unit that begins operation after December 21, 1990, and is subject to the provisions of sections 33-24-05-400 through 33-24-05-419 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.(3) 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 33-24-05-400 through 33-24-05-419 shall comply with all requirements of sections 33-24-05-400 through 33-24-05-419 as soon as practicable but no later than thirty months after the amendment's effective date. When control equipment required by sections 33-24-05-400 through 33-24-05-419 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 33-24-05-400 through 33-24-05-419. The owner or operator shall enter the implementation schedule in the operating record or in a permanent, readily available file located at the facility.(4) Owners and operators of facilities and units that become newly subject to the requirements of sections 33-24-05-400 through 33-24-05-419 after December 8, 1997, due to an action other than those described in paragraph 3 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 33-24-05-400 through 33-24-05-419; the thirty-month implementation schedule does not apply).2. A control device involving vapor recovery (for example, a condenser or absorber) must be designed and operated to recover the organic vapors vented to it with an efficiency of ninety-five weight percent or greater unless the total organic emission limits of subdivision a of subsection 1 of section 33-24-05-402 for all affected process vents can be attained at an efficiency less than ninety-five weight percent.3. An enclosed combustion device (for example, a vapor incinerator, boiler, or process heater) must be designed and operated to reduce the organic emissions vented to it by ninety-five weight percent or greater; to achieve a total organic compound concentration of twenty parts per million volume, expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis corrected to three percent oxygen; or to provide a minimum residence time of fifty hundredths seconds at a minimum temperature of seven hundred sixty degrees Celsius. If a boiler or process heater is used as the control device, then the vent stream must be introduced into the flame zone of the boiler or process heater.4. Flares. a. A flare must be designed for and operated with no visible emissions as determined by the methods specified in subdivision a of subsection 5, except for periods not to exceed a total of five minutes during any two consecutive hours.b. A flare must be operated with a flame present at all times, as determined by the methods specified in paragraph 3 of subdivision b of subsection 6.c. A flare must be used only if the net heating value of the gas being combusted is eleven and two-tenths mega joules per standard cubic meter at standard conditions (three hundred British thermal units per standard cubic foot at standard conditions) or greater if the flare is steam-assisted or air-assisted; or if the net heating value of the gas being combusted is seven and forty-five hundredths mega joules per cubic meter at standard conditions (two hundred British thermal units per standard cubic foot at standard conditions) or greater if the flare is nonassisted. The net heating value of the gas being combusted must be determined by the methods specified in subdivision b of subsection 5.d. Steam-assisted or nonassisted flare. (1) A steam-assisted or nonassisted flare must be designed for and operated with an exit velocity, as determined by the methods specified in subdivision c of subsection 5, less than eighteen and three-tenths meters per second [sixty feet per second], except as provided in paragraphs 2 and 3.(2) A steam-assisted or nonassisted flare designed for and operated with an exit velocity, as determined by the methods specified in subdivision c of subsection 5, equal to or greater than eighteen and three-tenths meters per second [sixty feet per second] but less than one hundred twenty-two meters per second [four hundred feet per second] is allowed if the net heating value of the gas being combusted is greater than thirty-seven and three-tenths mega joules per standard cubic meter at standard conditions [one thousand British thermal units per standard cubic foot at standard conditions]. (3) A steam-assisted or nonassisted flare designed for and operated with an exit velocity, as determined by the methods specified in subdivision c of subsection 5, less than the velocity Vmax as determined by the method specified in subdivision d of subsection 5 and less than one hundred twenty-two meters per second [four hundred feet per second] is allowed.e. An air-assisted flare must be designed and operated with an exit velocity less than the velocity Vmax as determined by the method specified in subdivision e of subsection 5.f. A flare used to comply with this section must be steam-assisted, air-assisted, or nonassisted.5. Methods. a. Referenced method 22 in 40 CFR part 60 must be used to determine the compliance of a flare with the visible emissions provisions of sections 33-24-05-400 through 33-24-05-419. The observation period is two hours and must be used according to method 22.b. The net heating value of the gas being combusted in a flare shall be calculated using the following equation: Click here to view image.
where:
HT = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25 °C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20 °C;
K = Constant, 1.74 x 10-7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20 °C;
Ci = Concentration of sample component i in ppm on a wet basis, as measured for organics by reference method 18 in 40 CFR part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (incorporated by reference as specified in section 33-24-01-05); and
Hi = Net heat of combustion of sample component i, kcal/g mol at 25 °C and 760 mm Hg. The heats of combustion may be determined using ASTM D 2382-83 (incorporated by reference as specified in section 33-24-01-05) if published values are not available or cannot be calculated.
c. The actual exit velocity of a flare must be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined by reference methods 2, 2a, 2c, or 2d in 40 CFR part 60 as appropriate, by the unobstructed (free) cross-sectional area of the flare tip. d. The maximum allowed velocity in meters per second Vmax for a flare complying with paragraph 3 of subdivision d of subsection 4 must be determined by the following equation: log10 (Vmax) = (HT + 28.8)/31.7
where:
28.8 = constant,
31.7 = constant, and
HT = the net heating value as determined in subdivision b.
e. The maximum allowed velocity in meters per second Vmax for an air-assisted flare must be determined by the following equation: Vmax = 8.706 + 0.7084 (HT)
where:
8.706 = constant,
0.7084 = constant, and
HT = the net heating value as determined in subdivision b.
6. The owner or operator shall monitor and inspect each control device required to comply with this section to ensure proper operation and maintenance of the control device by implementing the following requirements:a. Install, calibrate, maintain, and operate according to the manufacturer's specifications a flow indicator that provides a record of vent stream flow from each affected process vent to the control device at least once every hour. The flow indicator sensor must be installed in the vent stream at the nearest feasible point to the control device inlet but before the point at which the vent streams are combined.b. Install, calibrate, maintain, and operate according to the manufacturer's specifications a device to continuously monitor control device operation as specified below: (1) For a thermal vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device must have an accuracy of plus or minus one percent of the temperature being monitored in Celsius or plus or minus five-tenths degrees Celsius, whichever is greater. The temperature sensor must be installed at a location in the combustion chamber downstream of the combustion zone.(2) For a catalytic vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device must be capable of monitoring temperature at two locations and have an accuracy of plus or minus one percent of the temperature being monitored in degrees Celsius or plus or minus five-tenths degrees Celsius, whichever is greater. One temperature sensor must be installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor must be installed in the vent stream at the nearest feasible point to the catalyst bed outlet.(3) For a flare, a heat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition of the pilot flame.(4) A boiler or process heater having a design heat input capacity less than forty-four megawatts a temperature monitoring device equipped with a continuous recorder. The device must have an accuracy of plus or minus one percent of the temperature being monitored in degrees Celsius or plus or minus five-tenths degrees Celsius, whichever is greater. The temperature sensor must be installed at a location in the furnace downstream of the combustion zone.(5) For a boiler or process heater having a design heat input capacity greater than or equal to forty-four megawatts a monitoring device equipped with a continuous recorder to measure a parameter that indicates good combustion operating practices are being used.(6) For a condenser, either: (a) A monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds, the exhaust vent stream from the condenser; or(b) A temperature monitoring device equipped with a continuous recorder. The device must be capable of monitoring temperature with an accuracy of plus or minus one percent of the temperature being monitored in degrees Celsius or plus or minus five-tenths degrees Celsius, whichever is greater. The temperature sensor shall be installed at a location in the exhaust vent stream from the condenser exit (for example, product side).(7) For a carbon adsorption system that regenerates the carbon bed directly in the control device such as a fixed-bed carbon adsorber either: (a) A monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the carbon bed; or(b) A monitoring device equipped with a continuous recorder to measure a parameter that indicates the carbon bed is regenerated in a regular predetermined time cycle.c. Inspect the readings from each monitoring device required by subdivisions a and b at least once each operating day to check control device operation and, if necessary, immediately implement the corrective measures necessary to ensure the control device operates in compliance with the requirements of this section.7. An owner or operator using a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in the control device shall replace the existing carbon in the control device with fresh carbon at a regular predetermined time interval that is no longer than the carbon service life established as a requirement of subparagraph f of paragraph 3 of subdivision d of subsection 2 of section 33-24-05-405.8. An owner or operator using a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly onsite in the control device shall replace the existing carbon in the control device with fresh carbon on a regular basis by using one of the following procedures: a. Monitor the concentration level of organic compounds in the exhaust vent stream from the carbon adsorption system on a regular schedule, and replace the existing carbon with fresh carbon immediately when carbon breakthrough is indicated. The monitoring frequency must be daily or at an interval no greater than twenty percent of the time required to consume the total carbon working capacity established as a requirement of subparagraph g of paragraph 3 of subdivision d of subsection 2 of section 33-24-05-405, whichever is longer. b. Replace the existing carbon with fresh carbon at a regular, predetermined time interval that is less than the design carbon replacement interval established as a requirement of subparagraph g of paragraph 3 of subdivision d of subsection 2 of section 33-24-05-405.9. An alternative operational or process parameter may be monitored if it can be demonstrated that another parameter will ensure that the control device is operated in conformance with these standards and the control device's design specifications.10. An owner or operator of an affected facility seeking to comply with the provisions of sections 33-24-05-01 through 33-24-05-190, 33-24-05-300 through 33-24-05-524, 33-24-05-550 through 33-24-05-559, and 33-24-05-800 through 33-24-05-819 by using a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system is required to develop documentation, including sufficient information to describe the control device operation and identify the process parameter or parameters that indicate proper operation and maintenance of the control device.11. A closed-vent system shall meet either of the following design requirements: a. A closed-vent system shall be designed to operate with no detectable emissions, as indicated by an instrument reading of less than five hundred parts per million volume above background as determined by the procedure in subsection 2 of section 33-24-05-404, and by visual inspections; orb. A closed-vent system shall be designed to operate at a pressure below atmospheric pressure. The system shall be equipped with at least one pressure gauge or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the control device is operating. 12. The owner or operator shall monitor and inspect each closed-vent system required to comply with this section to ensure proper operation and maintenance of the closed-vent system by implementing the following requirements: a. Each closed-vent system that is used to comply with subdivision a of subsection 11 shall be inspected and monitored in accordance with the following requirements: (1) An initial leak detection monitoring of the closed-vent system shall be conducted by the owner or operator on or before the date that the system becomes subject to this section. The owner or operator shall monitor the closed-vent system components and connections using the procedures specified in subsection 2 of section 33-24-05-404 to demonstrate that the closed-vent system operates with no detectable emissions, as indicated by an instrument reading of less than five hundred parts per million volume above background.(2) After initial leak detection monitoring required in paragraph 1, the owner or operator shall inspect and monitor the closed-vent system as follows: (a) Closed-vent system joints, seams, or other connections that are permanently or semipermanently sealed (for example, a welded joint between two sections of hard piping or a bolted and gasketed ducting flange) shall be visually inspected at least once per year to check for defects that could result in air pollutant emissions. The owner or operator shall monitor a component or connection using the procedures specified in subsection 2 of section 33-24-05-404 to demonstrate that it operates with no detectable emissions following any time the component is repaired or replaced (for example, a section of damaged hard piping is replaced with new hard piping) or the connection is unsealed (for example, a flange is unbolted).(b) Closed-vent system components or connections other than those specified in subparagraph a shall be monitored annually and at other times as requested by the department, except as provided for in subsection 15, using the procedures specified in subsection 2 of section 33-24-05-404 to demonstrate that the components or connections operate with no detectable emissions.(3) In the event that a defect or leak is detected, the owner or operator shall repair the defect or leak in accordance with the requirements of subdivision c.(4) The owner or operator shall maintain a record of the inspection and monitoring in accordance with the requirements specified in section 33-24-05-405.b. Each closed-vent system that is used to comply with subdivision b of subsection 11 shall be inspected and monitored in accordance with the following requirements: (1) The closed-vent system shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in duct work or piping or loose connections.(2) The owner or operator shall perform an initial inspection of the closed-vent system on or before the date that the system becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year.(3) In the event that a defect or leak is detected, the owner or operator shall repair the defect in accordance with the requirements of subdivision c.(4) The owner or operator shall maintain a record of the inspection and monitoring in accordance with the requirements specified in section 33-24-05-405.c. The owner or operator shall repair all detected defects as follows: (1) Detectable emissions, as indicated by visual inspection, or by an instrument reading greater than five hundred parts per million volume above background, shall be controlled as soon as practicable, but not later than fifteen calendar days after the emission is detected, except as provided for in paragraph 3.(2) A first attempt at repair shall be made no later than five calendar days after the emission is detected.(3) Delay of repair of a closed-vent system for which leaks have been detected is allowed if the repair is technically infeasible without a process unit shutdown, or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be completed by the end of the next process unit shutdown. (4) The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified in section 33-24-05-405.13. Closed-vent systems and control devices used to comply with provisions of sections 33-24-05-400 through 33-24-05-419 must be operated at all times when emissions may be vented to them.14. The owner or operator using a carbon adsorption system to control air pollutant emissions shall document that all carbon that is a hazardous waste and that is removed from the control device is managed in one of the following manners, regardless of the average volatile organic concentration of the carbon:a. Regenerated or reactived in a thermal treatment unit that meets one of the following:(1) The owner or operator of the unit has been issued a final permit under 33-24-06 which implements the requirements of sections 33-24-05-300 through 33-24-05-309; or(2) The unit is equipped with operating air emission controls in accordance with the applicable requirements of sections 33-24-05-400 through 33-24-05-419 and sections 33-24-05-450 through 33-24-05-474 or the applicable requirements of subsection 5 of section 33-24-06-16; or(3) The unit is equipped with operating air emission controls in accordance with a national emission standard for hazardous air pollutants under 40 CFR part 61 or 40 CFR part 63.b. Incinerated in a hazardous waste incinerator for which the owner or operator either: (1) Has been issued a final permit under 33-24-06 which implements the requirements of sections 33-24-05-144 through 33-24-05-159; or(2) Has designed and operates the incinerator in accordance with the applicable interim status requirements of subsection 5 of section 33-24-06-16.c. Burned in a boiler or industrial furnace for which the owner or operator either: (1) Has been issued a final permit under 33-24-06 which implements the requirements of sections 33-24-05-525 through 33-24-05-549; or(2) Has designed and operates the boiler or industrial furnace in accordance with the interim status requirements of sections 33-24-05-525 through 33-24-05-549.15. Any components of a closed-vent system that are designated, as described in subdivision i of subsection 3 of section 33-24-05-405, as unsafe to monitor are exempt from the requirements of subparagraph b of paragraph 2 of subdivision a of subsection 12 if: a. The owner or operator of the closed-vent system determines that the components of the closed-vent system are unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with subparagraph b of paragraph 2 of subdivision a of subsection 12; andb. The owner or operator of the closed-vent system adheres to a written plan that requires monitoring the closed-vent system components using the procedures specified in subparagraph b of paragraph 2 of subdivision a of subsection 12 as frequently as practicable during safe-to-monitor times.N.D. Admin Code 33-24-05-403
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