Section 33-24-05-148 - Hazardous waste incinerator permits1. The owner or operator of a hazardous waste incinerator may burn only waste specified in the permit and only under operating conditions specified for those wastes under section 33-24-05-149, except: a. In approved trial burns under subsection 2 of section 33-24-06-19; orb. Under exemptions created by section 33-24-05-144.2. Other hazardous wastes may be burned only after operating conditions have been specified in a new permit or a permit modification as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with the permit application under subdivision w of subsection 2 of section 33-24-06-17.3. The permit for a new hazardous waste incinerator must establish appropriate conditions for each of the applicable requirements of sections 33-24-05-144 through 33-24-05-159, including, but not limited to, allowable waste feeds and operating conditions necessary to meet the requirements of section 33-24-05-149, sufficient to comply with the following standards:a. For the period beginning with initial introduction of hazardous waste to the incinerator and ending with initiation of the trial burn, and only for the minimum time required to establish operating conditions required in subdivision b of this subsection, not to exceed a duration of seven hundred twenty hours operating time for treatment of hazardous waste, the operating requirements must be those most likely to ensure compliance with the performance standards of section 33-24-05-147, based on the department's engineering judgment. The department may extend the duration of this period once for up to seven hundred twenty additional hours when good cause for the extension is demonstrated by the applicant.b. For the duration of the trial burn the operating requirements must be sufficient to demonstrate compliance with the performance standards of section 33-24-05-147 and must be in accordance with the approved trial burn plan.c. For the period immediately following completion of the trial burn and only for the minimum period sufficient to allow sample analysis, data computation, and submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the department, the operating requirements must be those most likely to ensure compliance with performance standards of section 33-24-05-147 based on the department's engineering judgment.d. For the remaining duration of the permit, the operating requirements must be those demonstrated in a trial burn or by alternative data specified in paragraph 3 of subdivision w of subsection 2 of section 33-24-06-17 as sufficient to ensure compliance with the performance standards of section 33-24-05-147.N.D. Admin Code 33-24-05-148
Effective January 1, 1984; amended effective December 1, 1988.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