Section 33-24-05-533 - Small quantity onsite burner exemption1.Exempt quantities. Owners and operators of facilities that burn hazardous waste in an onsite boiler or industrial furnace are exempt from the requirements of sections 33-24-05-525 through 33-24-05-549 provided that: a. The quantity of hazardous waste burned in a device for a calendar month does not exceed the limits provided in the following table based on the terrain-adjusted effective stack height as defined in subdivision c of subsection 2 of section 33-24-05-531: Exempt Quantities for Small Quantity Burner Exemption
| Terrain-Adjusted Effective Stack Height of Device (Meters) | Allowable Hazardous Waste Burning Rate (Gallons/Month) | Terrain-Adjusted Effective Stack Height of Device (Meters) | Allowable Hazardous Waste Burning Rate (Gallons/Month) |
| 0 to 3.9 | 0 | 40.0 to 44.9 | 210 |
| 4.0 to 5.9 | 13 | 45.0 to 49.9 | 260 |
| 6.0 to 7.9 | 18 | 50.0 to 54.9 | 330 |
| 8.0 to 9.9 | 27 | 55.0 to 59.9 | 400 |
| 10.0 to 11.9 | 40 | 60.0 to 64.9 | 490 |
| 12.0 to 13.9 | 48 | 65.0 to 69.9 | 610 |
| 14.0 to 15.9 | 59 | 70.0 to 74.9 | 680 |
| 16.0 to 17.9 | 69 | 75.0 to 79.9 | 760 |
| 18.0 to 19.9 | 76 | 80.0 to 84.9 | 850 |
| 20.0 to 21.9 | 84 | 85.0 to 89.9 | 960 |
| 22.0 to 23.9 | 93 | 90.0 to 94.9 | 1,100 |
| 24.0 to 25.9 | 100 | 95.0 to 99.9 | 1,200 |
| 26.0 to 27.9 | 110 | 100.0 to 104.9 | 1,300 |
| 28.0 to 29.9 | 130 | 105.0 to 109.9 | 1,500 |
| 30.0 to 34.9 | 140 | 110.0 to 114.9 | 1,700 |
| 35.0 to 39.9 | 170 | 115.0 or greater | 1,900 |
b. The maximum hazardous waste firing rate does not exceed at any time one percent of the total fuel requirements for the device (hazardous waste plus other fuel) on a total heat input or mass input basis, whichever results in the lower mass feed rate of hazardous waste;c. The hazardous waste has a minimum heating value of five thousand British thermal units per pound as generated; andd. The hazardous waste fuel does not contain (and is not derived from) hazardous waste number F020, F021, F022, F023, F026, or F027.2.Mixing with nonhazardous fuels. If hazardous waste fuel is mixed with a nonhazardous fuel, the quantity of hazardous waste before such mixing is used to comply with subsection 1.3.Multiple stacks. If an owner or operator burns hazardous waste in more than one onsite boiler or industrial furnace exempt under this section, the quantity limits provided by subdivision a of subsection 1 are implemented according to the following equation: Click here to view image.
where:
n = number of stacks;
Actual quantity burned means the waste quantity burned per month in device "i";
Allowable quantity burned means the maximum allowable exempt quantity for stack "i" from the table in subdivision a of subsection 1.
Note: Hazardous wastes that are subject to the special requirements for small quantity generators under section 33-24-02-05 may be burned in an offsite device under the exemption provided by section 33-24-05-533, but must be included in the quantity determination for the exemption.
4.Notification requirements. The owner or operator of facilities qualifying for the small quantity burner exemption under this section must provide a one-time signed, written notice to the department indicating the following: a. The combustion unit is operating as a small quantity burner of hazardous waste;b. The owner and operator are in compliance with the requirements of this section; andc. The maximum quantity of hazardous waste that the facility may burn per month as provided by subdivision a of subsection 1.5.Recordkeeping requirements. The owner or operator must maintain at the facility for at least three years sufficient records documenting compliance with the hazardous waste quantity, firing rate, and heating value limits. At a minimum, these records must indicate the quantity of hazardous waste and other fuel burned in each unit per calendar month, and the heating value of the hazardous waste.N.D. Admin Code 33-24-05-533
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