N.D. Admin. Code 33.1-24-02-174

Current through Supplement No. 394, October, 2024
Section 33.1-24-02-174 - Test methods and procedures
1. Each remanufacturer or other person that stores or treats the hazardous secondary material subject to the provisions of sections 33.1-24-02-170 through 33.1-24-02-179 shall comply with the test methods and procedural requirements provided in this section.
2. When a closed-vent system is tested for compliance with no detectable emissions, as required in subsection 12 of section 33.1-24-02-173, the test must comply with the following requirements:
a. Monitoring must comply with Reference Method 21 in 40 CFR part 60.
b. The detection instrument must meet the performance criteria of Reference Method 21.
c. The instrument must be calibrated before use on each day of its use by the procedures specified in Reference Method 21.
d. Calibration gases must be:
(1) Zero air (less than ten parts per million hydrocarbon in air).
(2) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, ten thousand parts per million methane or n-hexane.
e. The background level must be determined as set forth in Reference Method 21.
f. The instrument probe must be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.
g. The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with five hundred parts per million for determining compliance.
3. Performance tests to determine compliance with subsection 1 of section 33.1-24-02-172 and with the total organic compound concentration limit of subsection 3 of section 33.1-24-02-173 must comply with the following:
a. Performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices must be conducted and data reduced in accordance with the following reference methods and calculation procedures:
(1) Method 2 in 40 CFR part 60 for velocity and volumetric flow rate.
(2) Method 18 or Method 25A in 40 CFR part 60, appendix A, for organic content. If Method 25A is used, the organic hazardous air pollutant used as the calibration gas must be the single organic hazardous air pollutant representing the largest percent by volume of the emissions. The use of Method 25A is acceptable if the response from the high-level calibration gas is at least twenty times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale.
(3) Each performance test must consist of three separate runs; each run conducted for at least one hour under the conditions that exist when the hazardous secondary material management unit is operating at the highest load or capacity level reasonably expected to occur. For the purpose of determining total organic compound concentrations and mass flow rates, the average of results of all runs shall apply. The average must be computed on a time-weighted basis.
(4) Total organic mass flow rates must be determined by the following equation:
(a) For sources utilizing Method 18.

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where:

Eh = Total organic mass flow rate, kg/h;

Q2sd = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;

n = Number of organic compounds in the vent gas;

Ci = Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;

MWi = Molecular weight of organic compound i in the vent gas, kg/kg-mol;

0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);

10 -6 = C onversion from ppm .

(b) For sources utilizing Method 25A.

Eh = (Q)(C)(MW)(0.0416)(10 -6 )

where:

Eh = Total organic mass flow rate, kg/h;

Q = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;

C = Organic concentration in ppm, dry basis, as determined by Method 25A;

MW = Molecular weight of propane, 44;

0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);

10 -6 = Conversion from ppm.

(5) The annual total organic emission rate must be determined by the following equation:

EA = (Eh)(H)

where:

EA = Total organic mass emission rate, kg/y;

Eh = Total organic mass flow rate for the process vent, kg/h;

H = Total annual hours of operations for the affected unit, h.

(6) Total organic emissions from all affected process vents at the facility must be determined by summing the hourly total organic mass emission rates (Eh as determined in paragraph 4) and by summing the annual total A organic mass emission rates (EA, as determined in paragraph 5) for all affected process vents at the facility.
b. The remanufacturer or other person that stores or treats the hazardous secondary material shall record such process information as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown, and malfunction must not constitute representative conditions for the purpose of a performance test.
c. The remanufacturer or other person that stores or treats the hazardous secondary material at an affected facility shall provide, or cause to be provided, performance testing facilities as follows:
(1) Sampling ports adequate for the test methods specified in subdivision a.
(2) Safe sampling platforms.
(3) Safe access to sampling platforms.
(4) Utilities for sampling and testing equipment.
d. For the purpose of making compliance determinations, the time-weighted average of the results of the three runs must apply. If a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the remanufacturer's or other person's that stores or treats the hazardous secondary material control, compliance, upon the department's approval, may be determined using the average of the results of the two other runs.
4. To show that a process vent associated with a hazardous secondary material distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of section 33.1-24-02-170 through 33.1-24-02-179, the remanufacturer or other person that stores or treats the hazardous secondary material shall make an initial determination that the time-weighted, annual average total organic concentration of the material managed by the hazardous secondary material management unit is less than ten parts per million weight using one of the following two methods:
a. Direct measurement of the organic concentration of the material using the following procedures:
(1) The remanufacturer or other person that stores or treats the hazardous secondary material shall take a minimum of four grab samples of material for each material stream managed in the affected unit under process conditions expected to cause the maximum material organic concentration.
(2) For material generated onsite, the grab samples must be collected at a point before the material is exposed to the atmosphere such as in an enclosed pipe or other closed system that is used to transfer the material after generation to the first affected distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation. For material generated offsite, the grab samples must be collected at the inlet to the first material management unit that receives the material provided the material has been transferred to the facility in a closed system such as a tank truck and the material is not diluted or mixed with other material.
(3) Each sample must be analyzed and the total organic concentration of the sample must be computed using Method 9060A (as incorporated by reference in section 33.1-24-01-05) of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," environmental protection agency Publication SW-846, or analyzed for its individual organic constituents.
(4) The arithmetic mean of the results of the analyses of the four samples applies for each material stream managed in the unit in determining the time-weighted, annual average total organic concentration of the material. The time-weighted average is to be calculated using the annual quantity of each material stream processed and the mean organic concentration of each material stream managed in the unit.
b. Using knowledge of the material to determine that its total organic concentration is less than ten parts per million weight. Documentation of the material determination is required. Examples of documentation that must be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the material is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to generate a material stream having a total organic content less than ten parts per million weight, or prior speciation analysis results on the same material stream where it can also be documented that no process changes have occurred since that analysis that could affect the material total organic concentration.
5. The determination that distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations manage hazardous secondary materials with time-weighted, annual average total organic concentrations less than ten parts per million weight must be made as follows:
a. By the effective date that the facility becomes subject to the provisions of sections 33.1-24-02-170 through 33.1-24-02-179 or by the date when the material is first managed in a hazardous secondary material management unit, whichever is later;
b. For continuously generated material, annually; or
c. Whenever there is a change in the material being managed or a change in the process that generates or treats the material.
6. When a remanufacturer or other person that stores or treats the hazardous secondary material and the department do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manages a hazardous secondary material with organic concentrations of at least ten parts per million weight based on knowledge of the material, the dispute may be resolved by using direct measurement as specified at subdivision a of subsection 4.

N.D. Admin Code 33.1-24-02-174

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19