Section 33.1-24-02-207 - Standards - Closed-vent systems and control devices1. This section applies to each closed-vent system and control device installed and operated by the remanufacturer or other person that stores or treats the hazardous secondary material to control air emissions in accordance with standards of sections 33.1-24-02-200 through 33.1-24-02-214.2. The closed-vent system must meet the following requirements:a. The closed-vent system must route the gases, vapors, and fumes emitted from the hazardous secondary material in the hazardous secondary material management unit to a control device that meets the requirements specified in subsection 3.b. The closed-vent system must be designed and operated in accordance with the requirements specified in subsection 11 of section 33.1-24-02-173.c. In the case when the closed-vent system includes bypass devices that could be used to divert the gas or vapor stream to the atmosphere before entering the control device, each bypass device must be equipped with either a flow indicator as specified in paragraph 1 or a seal or locking device as specified in paragraph 2. For the purpose of complying with this paragraph, low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, spring-loaded pressure-relief valves, and other fittings used for safety purposes are not considered to be bypass devices. (1) If a flow indicator is used to comply with this subdivision, the indicator must be installed at the inlet to the bypass line used to divert gases and vapors from the closed-vent system to the atmosphere at a point upstream of the control device inlet. For this subdivision, a flow indicator means a device which indicates the presence of either gas or vapor flow in the bypass line.(2) If a seal or locking device is used to comply with this subdivision, the device must be placed on the mechanism by which the bypass device position is controlled (for example, valve handle, damper lever) when the bypass device is in the closed position such that the bypass device cannot be opened without breaking the seal or removing the lock. Examples of such devices include, a car-seal or a lock-and-key configuration valve. The remanufacturer or other person that stores or treats the hazardous secondary material visually shall inspect the seal or closure mechanism at least once every month to verify that the bypass mechanism is maintained in the closed position.d. The closed-vent system must be inspected and monitored by the remanufacturer or other person that stores or treats the hazardous secondary material in accordance with the procedure specified in subsection 12 of section 33.1-24-02-173.3. The control device must meet the following requirements: a. The control device must be one of the following devices: (1) A control device designed and operated to reduce the total organic content of the inlet vapor stream vented to the control device by at least ninety-five percent by weight;(2) An enclosed combustion device designed and operated in accordance with the requirements of subsection 3 of section 33.1-24-02-173; or(3) A flare designed and operated in accordance with the requirements of subsection 4 of section 33.1-24-02-173.b. The remanufacturer or other person that stores or treats the hazardous secondary material who elects to use a closed-vent system and control device to comply with the requirements of this section shall comply with the requirements specified in paragraphs 1 through 6. (1) Periods of planned routine maintenance of the control device, during which the control device does not meet the specifications of paragraphs 1, 2, or 3 of subdivision a, as applicable, must not exceed two hundred forty hours per year.(2) The specifications and requirements in paragraphs 1, 2, and 3 of subdivision a for control devices do not apply during periods of planned routine maintenance.(3) The specifications and requirements in paragraphs 1, 2, and 3 of subdivision a for control devices do not apply during a control device system malfunction.(4) The remanufacturer or other person that stores or treats the hazardous secondary material shall demonstrate compliance with the requirements of paragraph 1 (for example, planned routine maintenance of a control device, during which the control device does not meet the specifications of paragraph 1, 2, or 3 of subdivision a, as applicable, shall not exceed two hundred forty hours per year) by recording the information specified in paragraph 5 of subdivision a of subsection 5 of section 33.1-24-02-209.(5) The remanufacturer or other person that stores or treats the hazardous secondary material shall correct control device system malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of air pollutants.(6) The remanufacturer or other person that stores or treats the hazardous secondary material shall operate the closed-vent system such that gases, vapors, or fumes are not actively vented to the control device during periods of planned maintenance or control device system malfunction (for example, periods when the control device is not operating or not operating normally) except in cases when it is necessary to vent the gases, vapors, or fumes, or any combination, to avoid an unsafe condition or to implement malfunction corrective actions or planned maintenance actions.c. The remanufacturer or other person that stores or treats the hazardous secondary material using a carbon adsorption system to comply with subdivision a shall operate and maintain the control device in accordance with the following requirements: (1) Following the initial startup of the control device, all activated carbon in the control device must be replaced with fresh carbon on a regular basis in accordance with the requirements of subsection 7 or 8 of section 33.1-24-02-173.(2) All carbon that is hazardous waste and that is removed from the control device must be managed in accordance with the requirements of subsection 14 of section 33.1-24-02-173, regardless of the average volatile organic concentration of the carbon.d. A remanufacturer or other person that stores or treats the hazardous secondary material using a control device other than a thermal vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with subdivision a shall operate and maintain the control device in accordance with the requirements of subsection 10 of section 33.1-24-02-173.e. The remanufacturer or other person that stores or treats the hazardous secondary material shall demonstrate that a control device achieves the performance requirements of subdivision a as follows: (1) A remanufacturer or other person that stores or treats the hazardous secondary material shall demonstrate using either a performance test as specified in paragraph 3 or a design analysis as specified in paragraph 4 the performance of each control device except for the following: (b) A boiler or process heater with a design heat input capacity of forty-four megawatts or greater; or(c) A boiler or process heater into which the vent stream is introduced with the primary fuel.(2) A remanufacturer or other person that stores or treats the hazardous secondary material shall demonstrate the performance of each flare in accordance with the requirements specified in subsection 5 of section 33.1-24-02-173.(3) For a performance test conducted to meet the requirements of paragraph 1, the remanufacturer or other person that stores or treats the hazardous secondary material shall use the test methods and procedures specified in subdivisions a through d of subsection 3 of section 33.1-24-02-174.(4) For a design analysis conducted to meet the requirements of paragraph 1, the design analysis must meet the requirements specified in paragraph 3 of subdivision d of subsection 2 of section 33.1-24-02-175.(5) The remanufacturer or other person that stores or treats the hazardous secondary material shall demonstrate that a carbon adsorption system achieves the performance requirements of subdivision a based on the total quantity of organics vented to the atmosphere from all carbon adsorption system equipment that is used for organic adsorption, organic desorption or carbon regeneration, organic recovery, and carbon disposal.f. If the remanufacturer or other person that stores or treats the hazardous secondary material and the department do not agree on a demonstration of control device performance using a design analysis, the disagreement must be resolved using the results of a performance test performed by the remanufacturer or other person that stores or treats the hazardous secondary material in accordance with the requirements of paragraph 3 of subdivision e. The department may choose to have an authorized representative observe the performance test.g. The closed-vent system and control device must be inspected and monitored by the remanufacturer or other person that stores or treats the hazardous secondary material in accordance with the procedures specified in subdivision b of subsection 6 and subsection 12 of section 33.1-24-02-173. The readings from each monitoring device required by subdivision b of subsection 6 of section 33.1-24-02-173 must be inspected at least once each operating day to check control device operation. Any necessary corrective measures must be implemented immediately to ensure the control device is operated in compliance with the requirements of this section.N.D. Admin Code 33.1-24-02-207
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