Section 33-24-05-529 - Standards to control organic emissions1. Destruction and removal efficiency standarda. General. Except as provided in subdivision c, a boiler or industrial furnace burning hazardous waste must achieve a destruction and removal efficiency of 99.99 percent for all organic hazardous constituents in the waste feed. To demonstrate conformance with this requirement, 99.99 percent destruction and removal efficiency must be demonstrated during a trial burn for each principal organic hazardous constituent designated (under subdivision b) in its permit for each waste feed. Destruction and removal efficiency is determined for each principal organic hazardous constituent from the following equation: Click here to view image.
where:
Win = Mass feed rate of one principal organic hazardous constituent in the hazardous waste fired to the boiler or industrial furnace; and
Wout = Mass emission rate of the same principal organic hazardous constituent present in stack gas prior to release to the atmosphere.
b. Designation of principal organic hazardous constituents. Principal organic hazardous constituents are those compounds for which compliance with the destruction and removal efficiency requirements shall be demonstrated in a trial burn in conformance with procedures prescribed in subsection 4 of section 33-24-06-19. One or more principal organic hazardous constituents shall be designated by the department for each waste feed to be burned. Principal organic hazardous constituents shall be designated based on the degree of difficulty of destruction of the organic constituents in the waste and on their concentrations or mass in the waste feed considering the results of waste analyses submitted with part B of the permit application. Principal organic hazardous constituents are most likely to be selected from among those compounds listed in appendix V of 33-24-02 that are also present in the normal waste feed. However, if the applicant demonstrates to the department's satisfaction that a compound not listed in appendix V of 33-24-02 or not present in the normal waste feed is a suitable indicator of compliance with the destruction and removal efficiency requirements, that compound may be designated as a principal organic hazardous constituent. Such principal organic hazardous constituents need not be toxic or organic compounds.c. Dioxin-listed waste. A boiler or industrial furnace burning hazardous waste containing (or derived from) hazardous waste numbers F020, F021, F022, F023, F026, or F027 must achieve a destruction and removal efficiency of 99.9999 percent for each principal organic hazardous constituent designated (under subdivision b of subsection 1) in its permit. This performance must be demonstrated on principal organic hazardous constituents that are more difficult to burn than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. Destruction and removal efficiency is determined for each principal organic hazardous constituent from the equation in subdivision a. In addition, the owner or operator of the boiler or industrial furnace must notify the department of intent to burn hazardous waste numbers F020, F021, F022, F023, F026, or F027. d. Automatic waiver of destruction and removal efficiency trial burn. Owners and operators of boilers operated under the special operating requirements provided by section 33-24-05-535 are considered to be in compliance with the destruction and removal efficiency standard of subdivision a and are exempt from the destruction and removal efficiency trial burn.e. Low risk waste. Owners and operators of boilers or industrial furnaces that burn hazardous waste in compliance with the requirements of subsection 1 of section 33-24-05-534 are considered to be in compliance with the destruction and removal efficiency standard of subdivision a and are exempt from the destruction and removal efficiency trial burn. 2.Carbon monoxide standard.a. Except as provided in subsection 3, the stack gas concentration of carbon monoxide from a boiler or industrial furnace burning hazardous waste cannot exceed one hundred parts per million by volume on an hourly rolling average basis (for example, over any sixty-minute period), continuously corrected to seven percent oxygen, dry gas basis.b. Carbon monoxide and oxygen shall be continuously monitored in conformance with "Performance Specifications for Continuous Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste" in appendix XXIV of 33-24-05.c. Compliance with the one hundred parts per million by volume carbon monoxide limit must be demonstrated during the trial burn (for new facilities or an interim status facility applying for a permit) or the compliance test (for interim status facilities). To demonstrate compliance, the highest hourly rolling average carbon monoxide level during any valid run of the trial burn or compliance test must not exceed one hundred parts per million by volume.3.Alternative carbon monoxide standard.a. The stack gas concentration of carbon monoxide from a boiler or industrial furnace burning hazardous waste may exceed the one hundred parts per million by volume limit provided that stack gas concentrations of hydrocarbons do not exceed twenty parts per million by volume, except as provided by subsection 6 for certain industrial furnaces.b. Hydrocarbon limits must be established under this section on an hourly rolling average basis (for example, over any sixty-minute period), reported as propane, and continuously corrected to seven percent oxygen, dry gas basis.c. Hydrocarbon shall be continuously monitored in conformance with "Performance Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste" in appendix XXIV of 33-24-05. Carbon monoxide and oxygen shall be continuously monitored in conformance with subdivision b of subsection 2.d. The alternative carbon monoxide standard is established based on carbon monoxide data during the trial burn (for a new facility) and the compliance test (for an interim status facility). The alternative carbon monoxide standard is the average overall valid runs of the highest hourly average carbon monoxide level for each run. The carbon monoxide limit is implemented on an hourly rolling average basis, and continuously corrected to seven percent oxygen, dry gas basis.4.Special requirements for furnaces. Owners and operators of industrial furnaces (for example, kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient (see paragraph 2 of subdivision e of subsection 1 of section 33-24-05-528) at any location other than the end where products are normally discharged and where fuels are normally fired must comply with the hydrocarbon limits provided by subsection 3 or 6 irrespective of whether stack gas carbon monoxide concentrations meet the one hundred parts per million by volume limit of subsection 2.5.Controls for dioxins and furans. Owners and operators of boilers and industrial furnaces that are equipped with a dry particulate matter control device that operates within the temperature range of four hundred fifty degrees to seven hundred fifty degrees Fahrenheit [232.2 to 398.9 degrees Celsius], and industrial furnaces operating under an alternative hydrocarbon limit established under subsection 6 must conduct a site-specific risk assessment as follows to demonstrate that emissions of chlorinated dibenzo-p-dioxins and dibenzofurans do not result in an increased lifetime cancer risk to the hypothetical maximum exposed individual exceeding one in one hundred thousand: a. During the trial burn (for new facilities or an interim status facility applying for a permit) or compliance test (for interim status facilities), determine emission rates of the tetra-octa congeners of chlorinated dibenzo-p-dioxins and dibenzofurans (CDDs/CDFs) using method 0023A, "Sampling Method for Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans Emissions from Stationary Sources", environmental protection agency publication SW-846, incorporated by reference in section 33-24-01-05;b. Estimate the 2,3,7,8-TCDD toxicity equivalence of the tetra-octa chlorinated dibenzo-p-dioxins and dibenzofurans congeners using "Procedures for Estimating the Toxicity Equivalence of Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners" in appendix XXIV of 33-24-05. Multiply the emission rates of chlorinated dibenzo-p-dioxins and dibenzofurans congeners with a toxicity equivalence greater than zero (see the procedure) by the calculated toxicity equivalence factor to estimate the equivalent emission rate of 2,3,7,8-TCDD;c. Conduct dispersion modeling using methods recommended in appendix W of 40 CFR part 51 ("Guidelines on Air Quality Models (Revised)" (1986) and its supplements), the "Hazardous Waste Combustion Air Quality Screening Procedure", provided in appendix XXIV, or in "Screening Procedures for Estimating Air Quality Impact of Stationary Sources", revised as incorporated by reference in section 33-24-01-05 to predict the maximum annual average offsite ground level concentration of 2,3,7,8-TCDD equivalents determined under subdivision b. The maximum annual average concentration must be used when a person resides onsite; andd. The ratio of the predicted maximum annual average ground level concentration of 2,3,7,8-TCDD equivalents to the risk-specific dose for 2,3,7,8-TCDD provided in appendix XX of 33-24-05 (2.2 x 10-7) shall not exceed 1.0.6.Monitoring carbon monoxide and hydrocarbon in the bypass duct of a cement kiln. Cement kilns may comply with the carbon monoxide and hydrocarbon limits provided by subsections 2 through 4 by monitoring in the bypass duct provided that: a. Hazardous waste is fired only into the kiln and not at any location downstream from the kiln exit relative to the direction of gas flow; andb. The bypass duct diverts a minimum of ten percent of kiln off-gas into the duct.7.Use of emissions test data to demonstrate compliance and establish operating limits. Compliance with the requirements of this section must be demonstrated simultaneously by emissions testing or during separate runs under identical operating conditions. Further, data to demonstrate compliance with the carbon monoxide and hydrocarbon limits of this section or to establish alternative carbon monoxide or hydrocarbon limits under this section must be obtained during the time that destruction and removal efficiency testing, and where applicable, CCD/CDF testing under subsection 5 and comprehensive organic emissions testing under subsection 6 is conducted. 8.Enforcement. For the purposes of permit enforcement, compliance with the operating requirements specified in the permit (under section 33-24-05-527) will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements of this section may be "information" justifying modification or revocation and reissuance of a permit under section 33-24-06-12.N.D. Admin Code 33-24-05-529
Effective July 1, 1997; amended effective 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, 23-20.3-05, 23-20.3-10