Section 33-24-05-525 - Applicability to hazardous waste burned in boilers and industrial furnaces1. The regulations of sections 33-24-05-525 through 33-24-05-549 apply to hazardous waste burned or processed in a boiler or industrial furnace (as defined in section 33-24-01-04) irrespective of the purpose of burning or processing, except as provided by subsections 2, 3, 4, 7, and 8. In sections 33-24-05-525 through 33-24-05-549, the term "burn" means burning for energy recovery or destruction, or processing for materials recovery or as an ingredient. The emissions standards of sections 33-24-05-529 through 33-24-05-532 apply to facilities operating under interim status or under a hazardous waste operating permit as specified in sections 33-24-05-527 and 33-24-05-528.2. Integration of the maximum achievable control technology standards. a. Except as provided by subdivisions b through d, the standards of sections 33-24-05-525 through 33-24-05-549 do not apply to a new hazardous waste boiler or industrial furnace unit that becomes subject to hazardous waste permit requirements after October 12, 2005; or no longer apply when an owner or operator of an existing hazardous waste boiler or industrial furnace unit demonstrates compliance with the maximum achievable control technology requirements of 40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and submitting to the department a notification of compliance under 40 CFR sections 63.1207(j) and 63.1210(d) documenting compliance with the requirements of 40 CFR part 63, subpart EEE. Nevertheless, even after this demonstration of compliance with the maximum achievable control technology standards, hazardous waste permit conditions that were based on the standards of sections 33-24-05-525 through 33-24-05-549 will continue to be in effect until they are removed from the permit or the permit is terminated or revoked, unless the permit expressly provides otherwise.b. The following standards continue to apply: (1) If a permittee elects to comply with paragraph 1 of subdivision a of subsection 1 of section 33-24-06-100 to minimize emissions of toxic compounds from startup, shutdown, and malfunction events, subdivision a of subsection 5 of section 33-24-05-527 requiring operations in accordance with the operating requirements specified in the permit at all times that hazardous waste is in the unit, and paragraph 3 of subdivision b of subsection 5 of section 33-24-05-527 requiring compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes. These provisions apply only during startup, shutdown, and malfunction events;(2) The closure requirements of subdivision k of subsection 5 of section 33-24-05-527 and subsection 12 of section 33-24-05-528;(3) The standards for direct transfer of section 33-24-05-536;(4) The standards for regulation of residues of section 33-24-05-537; and(5) The applicable requirements of sections 33-24-05-01 through 33-24-05-88, 33-24-05-420 through 33-24-05-474, and subsection 5 of section 33-24-06-16.c. The owner or operator of a boiler or hydrochloric acid production furnace that is an area source under 40 CFR section 63.2 and the owner or operator elects not to comply with the emission standards under 40 CFR sections 63.1216, 63.1217, and 63.1218 for particulate matter, semivolatile and low volatile metals, and total chlorine, the owner or operator also remains subject to:(1) Section 33-24-05-530 - Standards to control particulate matter;(2) Section 33-24-05-531 - Standards to control metals emissions, except for mercury; and(3) Section 33-24-05-532 - Standards to control hydrogen chloride and chlorine gas.d. The particulate matter standard of section 33-24-05-530 remains in effect for boilers that elect to comply with the alternative to the particulate matter standard under 40 CFR sections 63.1216(e) and 63.1217(e).3. The following hazardous wastes and facilities are not subject to regulation under sections 33-24-05-525 through 33-24-05-549: a. Used oil burned for energy recovery that is also hazardous waste solely because it exhibits a characteristic of hazardous waste identified in sections 33-24-02-10 through 33-24-02-14. Such used oil is subject to regulation under sections 33-24-05-600 through 33-24-05-689;b. Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery;c. Hazardous wastes that are exempt from regulation under section 33-24-02-04 and paragraphs 4 through 6 of subdivision c of subsection 1 of section 33-24-02-06, and hazardous wastes that are subject to the special requirements for conditionally exempt small quantity generators under section 33-24-02-05; andd. Coke ovens, if the only hazardous waste burned is hazardous waste number K087, decanter tank tar sludge from coking operations.4. Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, but not including cement kilns, aggregate kilns, or halogen acid furnaces burning hazardous waste) that process hazardous waste solely for metal recovery are conditionally exempt from regulation under sections 33-24-05-525 through 33-24-05-549, except for sections 33-24-05-526 and 33-24-05-537. a. To be exempt from sections 33-24-05-527 through 33-24-05-536, an owner or operator of a metal recovery furnace or mercury recovery furnace must comply with the following requirements, except that an owner or operator of a lead or a nickel-chromium recovery furnace, or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, must comply with the requirements of subdivision c, and owners or operators of lead recovery furnaces that are subject to regulation under the secondary lead smelting national emission standard for hazardous air pollutants must comply with the requirements of subsection 8:(1) Provide a one-time written notice to the department indicating the following: (a) The owner or operator claims exemption under this subsection;(b) The hazardous waste is burned solely for metal recovery consistent with the provisions of subdivision b;(c) The hazardous waste contains recoverable levels of metals; and(d) The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this subsection;(2) Sample and analyze the hazardous waste and other feedstocks as necessary to comply with the requirements of this subsection by using appropriate methods; and(3) Maintain at the facility for at least three years records to document compliance with the provisions of this subsection, including limits on levels of toxic organic constituents and British thermal unit value of the waste, and levels of recoverable metals in the hazardous waste compared to normal nonhazardous waste feedstocks.b. A hazardous waste meeting either of the following criteria is not processed solely for metal recovery: (1) The hazardous waste has a total concentration of organic compounds listed in appendix V of 33-24-02 exceeding five hundred parts per million by weight, as-fired, and so is considered to be burned for destruction. The concentration of organic compounds in a waste as-generated may be reduced to the five hundred parts per million limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the five hundred parts per million limit is prohibited and documentation that the waste has not been impermissibly diluted must be retained in the records required by paragraph 3 of subdivision a; or(2) The hazardous waste has a heating value of five thousand British thermal units per pound or more, as-fired, and so is considered to be burned as fuel. The heating value of a waste as-generated may be reduced to below the five thousand British thermal units per pound limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the five thousand British thermal units per pound limit is prohibited and documentation that the waste has not been impermissibly diluted must be retained in the records required by paragraph 3 of subdivision a.c. To be exempt from sections 33-24-05-527 through 33-24-05-536, an owner or operator of a lead or nickel-chromium or mercury recovery furnace (except for owners or operators of lead recovery furnaces subject to regulation under the secondary lead smelting national emission standards for hazardous air pollutants), or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, must provide a one-time written notice to the department identifying each hazardous waste burned and specifying whether the owner or operator claims an exemption for each waste under this subdivision or subdivision a. The owner or operator must comply with the requirements of subdivision a for those wastes claimed to be exempt under that subdivision and must comply with the requirements below for those wastes claimed to be exempt under subdivision a and must comply with the requirements below for those wastes claimed to be exempt under this subdivision. (1) The hazardous wastes listed in appendices XXVI, XXVII, and XXVIII of 33-24-05, and baghouse bags used to capture metallic dusts emitted by steel manufacturing are exempt from the requirements of subdivision a, provided that: (a) A waste listed in appendix XXVI must contain recoverable levels of lead, a waste listed in appendix XXVII must contain recoverable levels of nickel or chromium, a waste listed in appendix XXVIII must contain recoverable levels of mercury and contain less than five hundred parts per million organic constituents listed in appendix V of 33-24-02 and baghouse bags used to capture metallic dusts emitted by steel manufacturing must contain recoverable levels of metal;(b) The waste does not exhibit the toxicity characteristic of section 33-24-02-14 for an organic constituent;(c) The waste is not a hazardous waste listed in sections 33-24-02-15 through 33-24-02-19 because it is listed for an organic constituent as identified in appendix IV of 33-24-02; and(d) The owner or operator certifies in the one-time notice that hazardous waste is burned under the provisions of subdivision c and that sampling and analysis will be conducted or other information will be obtained as necessary to ensure continued compliance with these requirements. Sampling and analysis shall be conducted according to paragraph 2 of subdivision a and records to document compliance with subdivision c shall be kept for at least three years.(2) The department may decide on a case-by-case basis that the toxic organic constituents in a material listed in appendix XXVI, XXVII, or XXVIII of 33-24-05 that contains a total concentration of more than five hundred parts per million toxic organic compounds listed in appendix V of 33-24-02, may pose a hazard to human health and the environment when burned in a metal recovery furnace exempt from the requirements of sections 33-24-05-525 through 33-24-05-549. In that situation, after adequate notice and opportunity for comment, the metal recovery furnace will become subject to the requirements of sections 33-24-05-525 through 33-24-05-549 when burning that material. In making the hazard determination, the department will consider the following factors: (a) The concentration and toxicity of organic constituents in the material;(b) The level of destruction of toxic organic constituents provided by the furnace; and(c) Whether the acceptable ambient levels established in appendix XIX or XX of 33-24-05 may be exceeded for any toxic organic compound that may be emitted based on dispersion modeling to predict the maximum annual average offsite ground level concentration.5. The standards for direct transfer operations under section 33-24-05-536 apply only to facilities subject to the permit standards of section 33-24-05-527 or the interim status standards of section 33-24-05-528.6. The management standards for residues under section 33-24-05-537 apply to any boiler or industrial furnace burning hazardous waste.7. Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces) that process hazardous waste for recovery of economically significant amounts of the precious metals gold, silver, platinum, palladium, irridium, osmium, rhodium, or ruthenium, or any combination of these are conditionally exempt from regulation under sections 33-24-05-525 through 33-24-05-549, except for section 33-24-05-537. To be exempt from sections 33-24-05-526 through 33-24-05-536, an owner or operator must:a. Provide a one-time written notice to the department indicating the following: (1) The owner or operator claims exemption under this subsection;(2) The hazardous waste is burned for legitimate recovery of precious metal; and(3) The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this subsection;b. Sample and analyze the hazardous waste as necessary to document that the waste contains economically significant amounts of the metals and that the treatment recovers economically significant amounts of precious metals; andc. Maintain at the facility, for at least three years, records to document that all hazardous wastes burned are burned for recovery of economically significant amounts of precious metal.8. Starting June 23, 1997, owners or operators of lead recovery furnaces that process hazardous waste for recovery of lead and that are subject to regulation under the secondary lead smelting national emission standards for hazardous air pollutants are conditionally exempt from regulation under sections 33-24-05-525 through 33-24-05-549, except for section 33-24-05-526. To be exempt, an owner or operator must provide a one-time notice to the department identifying each hazardous waste burned and specifying that the owner or operator claims an exemption under this subsection. The notice also must state that the waste burned has a total concentration of nonmetal compounds listed in appendix V of 33-24-02 of less than five hundred parts per million by weight as fired and as provided in paragraph 1 of subdivision b of subsection 4, or is listed in appendix XXVI of 33-24-05.N.D. Admin Code 33-24-05-525
Effective January 1, 1994; amended effective 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, 23-20.3-10