Section 33.1-24-06-100 - Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, and hydrochloric acid production furnaces to minimize emissions from startup, shutdown, and malfunction events1.Facilities with existing permits.a. Revisions to permit conditions after documenting compliance with maximum achievable control technology. The owner or operator of a hazardous waste permitted incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace may request that the department address permit conditions that minimize emissions from startup, shutdown, and malfunction events under any of the following options when requesting removal of permit conditions that are no longer applicable according to subsection 2 of section 33.1-24-05-144 and subsection 2 of section 33.1-24-05-525: (1) Retain relevant permit conditions. Under this option, the department will: (a) Retain permit conditions that address releases during startup, shutdown, and malfunction events, including releases from emergency safety vents, as these events are defined in the facility's startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2); and(b) Limit applicability of those permit conditions only to when the facility is operating under the facility's startup, shutdown, and malfunction plan.(2) Revise relevant permit conditions. (a) Under this option, the department will: [1] Identify a subset of relevant existing permit requirements, or develop alternative permit requirements, that ensure emissions of toxic compounds are minimized from startup, shutdown, and malfunction events, including releases from emergency safety vents, based on review of information, including the source's startup, shutdown, and malfunction plan, design, and operating history.[2] Retain or add these permit requirements to the permit to apply only when the facility is operating under the facility's startup, shutdown, and malfunction plan.(b) Changes that may significantly increase emissions. [1] The permittee must notify the department in writing of changes to the startup, shutdown, and malfunction plan or changes to the design of the source that may significantly increase emissions of toxic compounds from startup, shutdown, or malfunction events, including releases from emergency safety vents. The permittee must notify the department of such changes within five days of making such changes. The permittee must identify in the notification recommended revisions to permit conditions necessary as a result of the changes to ensure that emissions of toxic compounds are minimized during these events.[2] The department may revise permit conditions as a result of these changes to ensure that emissions of toxic compounds are minimized during startup, shutdown, or malfunction events, including releases from emergency safety vents either: [a] Upon permit renewal, or, if warranted;[b] By modifying the permit under subsection 1 of section 33.1-24-06-12 or section 33.1-24-06-14.[c] Remove permit conditions. Under this option: The owner or operator must document that the startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2) has been approved by the department under 40 CFR 63.1206(c)(2)(ii)(B); and
The department will remove permit conditions that are no longer applicable according to subsection 2 of section 33.1-24-05-144 and subsection 2 of section 33.1-24-05-525.
b. Addressing permit conditions upon permit reissuance. The owner or operator of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that has conducted a comprehensive performance test and submitted to the department a notification of compliance documenting compliance with the standards of 40 CFR part 63, subpart EEE, may request in the application to reissue the permit for the combustion unit that the department control emissions from startup, shutdown, and malfunction events under any of the following options: (1) Hazardous waste option A. Under this option, the department will: (a) Include, in the permit, conditions that ensure compliance with subsections 1 and 3 of section 33.1-24-05-149 or subdivision a of subsection 5 of section 33.1-24-05-527 and paragraph 3 of subdivision b of subsection 5 of section 33.1-24-05-527 to minimize emissions of toxic compounds from startup, shutdown, and malfunction events, including releases from emergency safety vents; and(b) Specify that these permit requirements apply only when the facility is operating under the facility's startup, shutdown, and malfunction plan; or(2) Hazardous waste option B. (a) Under this option, the department will: [1] Include in the permit conditions that ensure emissions of toxic compounds are minimized from startup, shutdown, and malfunction events, including releases from emergency safety vents, based on review of information, including the source's startup, shutdown, and malfunction plan, design, and operating history; and[2] Specify that these permit requirements apply only when the facility is operating under the facility's startup, shutdown, and malfunction plan.(b) Changes that may significantly increase emissions. [1] The permittee must notify the department in writing of changes to the startup, shutdown, and malfunction plan or changes to the design of the source that may significantly increase emissions of toxic compounds from startup, shutdown, or malfunction events, including releases from emergency safety vents. The permittee must notify the department of such changes within five days of making such changes. The permittee must identify in the notification recommended revisions to permit conditions necessary as a result of the changes to ensure that emissions of toxic compounds are minimized during these events.[2] The department may revise permit conditions as a result of these changes to ensure that emissions of toxic compounds are minimized during startup, shutdown, or malfunction events, including releases from emergency safety vents either: [a] Upon permit renewal, or, if warranted;[b] By modifying the permit under subsection 1 of section 33.1-24-06-12 or section 33.1-24-06-14; or[c] Clean Air Act option. Under this option: The owner or operator must document that the startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2) has been approved by the department under 40 CFR 63.1206(c)(2)(ii)(B); and
The department will omit from the permit conditions that are not applicable under subsection 2 of section 33.1-24-05-144 and subsection 2 of section 33.1-24-05-525.
2.Interim status facilities.a. Interim status operations. In compliance with subsection 5 of section 33.1-24-06-16 and subsection 2 of section 33.1-24-05-525, the owner or operator of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that is operating under the interim status standards of subsection 5 of section 33.1-24-06-16 or sections 33.1-24-05-191 through 33.1-24-05-249, 33.1-24-05-525 through 33.1-24-05-549, and 33.1-24-05-820 through 33.1-24-05-929 may control emissions of toxic compounds during startup, shutdown, and malfunction events under either of the following options after conducting a comprehensive performance test and submitting to the department a notification of compliance documenting compliance with the standards of 40 CFR part 63, subpart EEE: (1) Hazardous waste option. Under this option, the owner or operator continues to comply with the interim status emission standards and operating requirements of subsection 5 of section 33.1-24-06-16 or sections 33.1-24-05-191 through 33.1-24-05-249, 33.1-24-05-525 through 33.1-24-05-549, and 33.1-24-05-820 through 33.1-24-05-929 relevant to control of emissions from startup, shutdown, and malfunction events. Those standards and requirements apply only during startup, shutdown, and malfunction events; or(2) Clean Air Act option. Under this option, the owner or operator is exempt from the interim status standards of subsection 5 of section 33.1-24-06-16 or sections 33.1-24-05-191 through 33.1-24-05-249, 33.1-24-05-525 through 33.1-24-05-549, and 33.1-24-05-820 through 33.1-24-05-929 relevant to control of emissions of toxic compounds during startup, shutdown, and malfunction events upon submission of written notification and documentation to the department that the startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2) has been approved by the department under 40 CFR 63.1206(c)(2)(ii)(B).b. Operations under a subsequent hazardous waste permit. When an owner or operator of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that is operating under the interim status standards of subsection 5 of section 33.1-24-06-16 or sections 33.1-24-05-191 through 33.1-24-05-249, 33.1-24-05-525 through 33.1-24-05-549, and 33.1-24-05-820 through 33.1-24-05-949 submits a hazardous waste permit application, the owner or operator may request that the department control emissions from startup, shutdown, and malfunction events under any of the options provided by subitems a, b, or c of item 2 of subparagraph b of paragraph 2 of subdivision b of subsection 1.3.New units. Hazardous waste incinerator, cement kiln, light weight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace units that become subject to hazardous waste permit requirements after October 12, 2005, must control emissions of toxic compounds during startup, shutdown, and malfunction events, under either of the following options: a. Comply with the requirements specified in 40 CFR 63.1206(c)(2); orb. Request to include in the hazardous waste permit, conditions that ensure emissions of toxic compounds are minimized from startup, shutdown, and malfunction events, including releases from emergency safety vents, based on review of information including the source's startup, shutdown, and malfunction plan and design. The department will specify that these permit conditions apply only when the facility is operating under the facility's startup, shutdown, and malfunction plan.N.D. Admin Code 33.1-24-06-100
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, 23.1-04-08; S.L. 2017, ch. 199, § 19