Section 33-24-05-532 - Standards to control hydrogen chloride (HCl) and chlorine gas (Cl2) emissions1.General. The owner or operator must comply with the hydrogen chloride and chlorine controls provided by subsection 2, 3, or 5. 2.Screening limits. a. Tier I feed rate screening limits. Feed rate screening limits are specified for total chlorine in appendix XVII as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. The feed rate of total chlorine and chloride, both organic and inorganic, in all feedstreams, including hazardous waste, fuels, and industrial furnace feedstocks, shall not exceed the levels specified. b. Tier II emission rate screening limits. Emission rates screening limits for hydrogen chloride and chlorine are specified in appendix XVIII as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. The stack emission rates of hydrogen chloride and chlorine shall not exceed the levels specified. c. Definitions and limitations. The definitions and limitations provided by subsection 2 of section 33-24-05-531 for the following terms also apply to the screening limits provided by this subsection: terrain-adjusted effective stack height, good engineering practice stack height, terrain type, land use, and criteria for facilities not eligible to use the screening limits. d. Multiple stacks. Owners and operators of facilities with more than one onsite stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on hydrogen chloride or chlorine emissions under a hazardous waste operating permit or interim status controls must comply with the tier I and tier II screening limits for those stacks assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics. (1) The worst-case stack is determined by procedures provided in subdivision f of subsection 2 of section 33-24-05-531. (2) Under tier I, the total feed rate of chlorine and chloride to all subject devices shall not exceed the screening limit for the worst-case stack. (3) Under tier II, the total emissions of hydrogen chloride and chlorine from all subject stacks shall not exceed the screening limit for the worst-case stack. 3.Tier III site-specific risk assessments. a. General. Conformance with the tier III controls must be demonstrated by emissions testing to determine the emission rate for hydrogen chloride and chlorine, air dispersion modeling to predict the maximum annual average offsite ground level concentration for each compound, and a demonstration that acceptable ambient levels are not exceeded. b. Acceptable ambient levels. Appendix XIX of 33-24-05 lists the reference air concentrations for hydrogen chloride (7 micrograms per cubic meter) and chlorine (0.4 micrograms per cubic meter). c. Multiple stacks. Owners and operators of facilities with more than one onsite stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on hydrogen chloride or chlorine emissions under a hazardous waste operating permit or interim status controls must conduct emissions testing and dispersion modeling to demonstrate that the aggregate emissions from all such onsite stacks do not result in an exceedance of the acceptable ambient levels for hydrogen chloride and chlorine. 4.Averaging periods. The hydrogen chloride and chlorine controls are implemented by limiting the feed rate of total chlorine and chloride in all feedstreams, including hazardous waste, fuels, and industrial furnace feedstocks. Under tier I, the feed rate of total chloride and chlorine is limited to the tier I screening limits. Under tier II and tier III, the feed rate of total chloride and chlorine is limited to the feed rates during the trial burn (for new facilities or an interim status facility applying for a permit) or the compliance test (for interim status facilities). The feed rate limits are based on either: a. An hourly rolling average as defined in subdivision f of subsection 5 of section 33-24-05-527; or b. An instantaneous basis not to be exceeded at any time. 5.Adjusted tier I feed rate screening limits. The owner or operator may adjust the feed rate screening limit provided by appendix XVII of 33-24-05 to account for site-specific dispersion modeling. Under this approach, the adjusted feed rate screening limit is determined by back-calculating from the acceptable ambient level for chlorine provided by appendix XIX of 33-24-05 using dispersion modeling to determine the maximum allowable emission rate. This emission rate becomes the adjusted tier I feed rate screening limit. 6.Emissions testing. Emissions testing for hydrogen chloride and chlorine shall be conducted using the procedures described in methods 0050 or 0051, environmental protection agency publication SW-846, incorporated by reference in section 33-24-01-05. 7.Dispersion modeling. Dispersion modeling shall be conducted according to the provisions of subsection 8 of section 33-24-05-531. 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 33-24-05-532
Effective July 1, 1997; amended effective December 1, 2003.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04, 23-20.3-05, 23-20.3-09