Section 33-24-05-534 - Low risk waste exemption1.Waiver of destruction and removal efficiency standard. The destruction and removal efficiency standard of subsection 1 of section 33-24-05-529 does not apply if the boiler or industrial furnace is operated in conformance with subdivision a of subsection 1 and the owner or operator demonstrates by procedures prescribed in subdivision b of subsection 1 that the burning will not result in unacceptable adverse health effects.a. The device shall be operated as follows:(1) A minimum of fifty percent of fuel fired to the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved by the department on a case-by-case basis, other nonhazardous fuel with combustion characteristics comparable to fossil fuel. Such fuels are termed "primary fuel" for purposes of this section. (Tall oil is a fuel derived from vegetable and rosin fatty acids.) The fifty percent primary fuel firing rate shall be determined on a total heat or mass input basis, whichever results in the greater mass feed rate of primary fuel fired;(2) Primary fuels and hazardous waste fuels shall have a minimum as-fired heating value of eight thousand British thermal units per pound;(3) The hazardous waste is fired directly into the primary fuel flame zone of the combustion chamber; and(4) The device operates in conformance with the carbon monoxide controls provided by subdivision a of subsection 2 of section 33-24-05-529. Devices subject to the exemption provided by this section are not eligible for the alternative carbon monoxide controls provided by subsection 3 of section 33-24-05-529.b. Procedures to demonstrate that the hazardous waste burning will not pose unacceptable adverse public health effects are as follows:(1) Identify and quantify those nonmetal compounds listed in appendix V of 33-24-02 that could reasonably be expected to be present in the hazardous waste. The constituents excluded from analysis must be identified and the basis for their exclusion explained.(2) Calculate reasonable, worst-case emission rates for each constituent identified in paragraph 1 by assuming the device achieves 99.9 percent destruction and removal efficiency. That is, assume that 0.1 percent of the mass weight of each constituent fed to the device is emitted.(3) For each constituent identified in paragraph 1, use emissions dispersion modeling to predict the maximum annual average ground level concentration of the constituent. (a) Dispersion modeling shall be conducted using methods specified in subsection 8 of section 33-24-05-531.(b) Owners and operators of facilities with more than one onsite stack from a boiler or industrial furnace that is exempt under this section must conduct dispersion modeling of emissions from all stacks exempt under this section to predict ambient levels prescribed by this subdivision.(4) Ground level concentrations of constituents predicted under paragraph 3 must not exceed the following levels:(a) For the noncarcinogenic compounds listed in appendix XIX of 33-24-05, the levels established in appendix XIX of 33-24-05;(b) For the carcinogenic compounds listed in appendix XX of 33-24-05, the sum for all constituents of the ratios of the actual ground level concentration to the level established in appendix XX of 33-24-05 cannot exceed 1.0; and(c) For constituents not listed in appendix XIX or XX of 33-24-05, 0.1 micrograms per cubic meter.2.Waiver of particulate matter standard. The particulate matter standard of section 33-24-05-530 does not apply if: a. The destruction and removal efficiency standard is waived under subsection 1; andb. The owner or operator complies with the tier I or adjusted tier I metals feed rate screening limits provided by subsection 2 or 5 of section 33-24-05-531.N.D. Admin Code 33-24-05-534
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