N.D. Admin. Code 33-24-05-404

Current through Supplement No. 393, July, 2024
Section 33-24-05-404 - Test methods and procedures
1. Each owner or operator subject to the provisions of sections 33-24-05-400 through 33-24-05-419 shall comply with the test methods and procedures requirements provided in this section.
2. When a closed-vent system is tested for compliance with no detectable emissions, as required in subsection 12 of section 33-24-05-403, the test must comply with the following requirements:
a. Monitoring must comply with referenced method 21 in 40 CFR part 60.
b. The detection instrument must meet the performance criteria of reference method 21.
c. The instrument must be calibrated before use on each day of its use by the procedures specified in reference method 21.
d. Calibration gases must be:
(1) Zero air (less than ten parts per million hydrocarbon in air).
(2) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, ten thousand parts per million methane or n-hexane.
e. The background level must be determined as set forth in reference method 21.
f. The instrument probe must be traversed around all potential leak interfaces as close to the interface as possible as described in reference method 21.
g. The arithmetic difference between the maximum concentration indicated by the instrument and background level is compared with five hundred parts per million for determining compliance.
3. Performance tests to determine compliance with subsection 1 of section 33-24-05-402 and with the total organic compound concentration limit of subsection 3 of section 33-24-05-403 must comply with the following:
a. Performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices must be conducted and data reduced in accordance with the following reference methods and calibration procedures:
(1) Method 2 in 40 CFR part 60 for velocity and volume flow rate.
(2) Method 18 or Method 25A in 40 CFR part 60, appendix A, for organic content. If Method 25A is used, the organic hazardous air pollutant used as the calibration gas must be the single organic hazardous air pollutant representing the largest percent by volume of the emissions. The use of Method 25A is acceptable if the response from the high-level calibration gas is at least twenty times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale.
(3) Each performance test must consist of three separate runs; each run conducted for at least one hour under the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. For the purpose of determining total organic compound concentrations and mass flow rates, the average of results of all runs apply. The average must be computed on a time-weighted basis.
(4) Total organic mass flow rates must be determined by the following equation:
(a) For sources utilizing method 18.

Click here to view image.

where:

Eh = Total organic mass flow rate, kg/h;

Q2sd = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;

n = Number of organic compounds in the vent gas;

Ci = Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;

MWi = Molecular weight of organic compound i in the vent gas, kg/kg-mol;

0.0416 = Conversion factor for molar volume, kg-mol/m3 (@293K and 760 mm Hg); and

10-6 = Conversion from ppm.

(b) For sources utilizing method 25A.

Eh = (Q)(C)(MW)(0.0416)(10-6 )

Where:

Eh = Total organic mass flow rate, kg/h;

Q = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;

C = Organic concentration in ppm, dry basis, as determined by Method 25A;

MW = Molecular weight of propane, 44;

0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);

10-6 = Conversion from ppm.

(5) The annual total organic emission rate must be determined by the following equation:

EA = (Eh) (H)

where:

EA = Total organic mass emission rate, kg/y;

Eh = Total organic mass flow rate for the process vent, kg/h;

H = Total annual hours of operations for the affected unit, h.

(6) Total organic emissions from all affected process vents at the facility must be determined by summing the hourly total organic mass emission rates (Eh as determined in paragraph 4 ) and by summing the annual total organic mass emission rates (EA, as determined in paragraph 5 ) for all affected process vents at the facility.
b. The owner or operator shall record such process information as may be necessary to determine the conditions of the performance test. Operations during periods of startup, shutdown, and malfunction do not constitute representative conditions for the purpose of a performance test.
c. The owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as follows:
(1) Sampling ports adequate for the test methods specified in subdivision a .
(2) Safe sampling platforms.
(3) Safe access to sampling platforms.
(4) Utilities for sampling and testing equipment.
d. For the purpose of making compliance determinations, the time-weighted average of the results of the three runs applies. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of force shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the owner's or operator's control, compliance may, upon the department's approval, be determined using the average of the results of the two other runs.
4. To show that a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of sections 33-24-05-400 through 33-24-05-419, the owner or operator must make an initial determination that the time-weighted, annual average total organic concentration of the waste managed by the waste management unit is less than ten parts per million weight using one of the following two methods:
a. Direct measurement of the organic concentration of the waste using the following procedures:
(1) The owner or operator must take a minimum of four grab samples of waste for each waste stream managed in the affected unit under process conditions expected to cause the maximum waste organic concentration.
(2) For waste generated onsite, the grab samples must be collected at a point before the waste is exposed to the atmosphere such as in an enclosed pipe or other closed system that is used to transfer the waste after generation to the first affected distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation. For waste generated offsite, the grab samples must be collected at the inlet to the first waste management unit that receives the waste provided the waste has been transferred to the facility in a closed system such as a tank truck and the waste is not diluted or mixed with other waste.
(3) Each sample must be analyzed and the total organic concentration of the sample must be computed using method 9060A (incorporated by reference under section 33-24-01-05) of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," environmental protection agency publication SW-846 or analyzed for its individual organic constituents.
(4) The arithmetic mean of the results of the analysis of the four samples applies for each waste stream managed in the unit in determining the time-weighted annual average total organic concentration of the waste. The time-weighted average is to be calculated using the annual quantity of each waste stream processed and the mean organic concentration of each waste stream managed in the unit.
b. Using knowledge of the waste to determine that its total organic concentration is less than ten parts per million weight. Documentation of the waste determination is required. Examples of documentation that must be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to generate a waste stream having a total organic content less than ten parts per million weight, or prior speciation analysis results on the same waste stream where it can also be documented that no process changes have occurred since that analysis that could affect the waste total organic concentration.
5. The determination that distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations manage hazardous wastes with time-weighted, annual average total organic concentrations less than ten parts per million weight must be made as follows:
a. By the effective date that the facility becomes subject to the provisions of sections 33-24-05-400 through 33-24-05-419 or by the date when the waste is first managed in a waste management unit, whichever is later; and
b. For continuously generated waste, annually; or
c. Whenever there is a change in the waste being managed or a change in the process that generates or treats the waste.
6. When an owner or operator and the department do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manages a hazardous waste with organic concentrations of at least ten parts per million weight based on knowledge of the waste, the dispute may be resolved by using direct measurement as specified at subdivision a of subsection 4.

N.D. Admin Code 33-24-05-404

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