Section 33.1-24-06-17 - Contents of a permit application1. Part A of the application must include the following information: a. The activities conducted by the applicant which require it to obtain a hazardous waste permit.b. Name, mailing address, and location of the facility for which the application is submitted.c. Up to four standard industrial codes which best reflect the principal products or services provided by the facility.d. The operator's name, address, telephone number, ownership status and status as a federal, state, private, public, or other entity.e. A listing of all permits or construction approvals at all governmental levels received or applied for under any of the following programs: (1) Hazardous waste management program under the Resource Conservation and Recovery Act.(2) Underground injection control program under the Safe Drinking Water Act.(3) North Dakota pollutant discharge elimination system program under the Clean Water Act.(4) Prevention of significant deterioration program under the Clean Air Act.(5) Nonattainment program under the Clean Air Act.(6) National emissions standards for hazardous air pollutants preconstruction approval under the Clean Air Act.(7) Dredge or fill permits under section 404 of the Clean Water Act.(8) Other relevant environmental permits.f. A topographic map (or other map if a topographic map is unavailable), extending one mile [1.61 kilometers] beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area.g. A brief description of the nature of the business.h. The latitude and longitude of the facility.i. The name, address, and telephone number of the owner of the facility.j. An indication of whether the facility is new or existing and whether it is a first or revised application.k. For existing facilities, a scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas.l. For existing facilities, photographs of the facility clearly delineating all existing structures; existing treatment, storage, and disposal areas; and types of future treatment, storage, and disposal areas.m. A description of the processes to be used for treating, storing, and disposing of hazardous waste, and the design capacity of these items.n. A specification of the hazardous wastes listed or designated under chapter 33.1-24-02 to be treated, stored, or disposed at the facility; an estimate of the quantity of such waste to be treated, stored, or disposed annually; and a general description of the processes to be used for such wastes.o. For hazardous debris, a description of the debris categories and contaminant categories to be treated, stored, or disposed of at the facility.2. The information requirements for part B of the permit application presented below reflect the standards in 33.1-24-05. These information requirements are necessary in order for the department to determine compliance with 33.1-24-05 standards. If owners and operators of hazardous waste management facilities can demonstrate that the information required for part B of the application cannot be provided to the extent required, the department may make allowances for submission of such information on a case-by-case basis. Information required for part B of the application must be submitted to the department and signed in accordance with requirements in section 33.1-24-06-03. Certain technical data, such as design drawings and specifications, and engineering studies must be certified by a qualified professional engineer. Part B of the application includes the following (information in subdivisions a through r is required for all hazardous waste management facilities except as section 33.1-24-05-01 provides otherwise; that in subdivisions s through y and hh is additional information required for specific types of facilities; and that in subdivisions z through gg is additional information regarding protection of ground water, and is required for surface impoundments, piles, land treatment units, and landfills, except as otherwise provided in subsection 2 of section 33.1-24-05-47): a. General description of the facility.b. Chemical and physical analyses of the hazardous waste and hazardous debris to be handled at the facility. At a minimum, these analyses must contain all the information which must be known to treat, store, or dispose of the wastes properly in accordance with 33.1-24-05.c. A copy of the waste analysis plan required by subsection 2 of section 33.1-24-05-04 and, if applicable, subsection 3 of section 33.1-24-05-04.d. A description of the security procedures and equipment required by section 33.1-24-05-05, or a justification demonstrating the reason for requesting a waiver of this requirement.e. A copy of the general inspection schedule required by subsection 2 of section 33.1-24-05-06; include, where applicable, as part of the inspection schedule, specific requirements in section 33.1-24-05-93, subsection 9 of section 33.1-24-05-106, sections 33.1-24-05-108, 33.1-24-05-120, 33.1-24-05-132, 33.1-24-05-163, 33.1-24-05-178, 33.1-24-05-302, 33.1-24-05-403, 33.1-24-05-422, 33.1-24-05-423, 33.1-24-05-428, 33.1-24-05-454, 33.1-24-05-455, 33.1-24-05-456, and 33.1-24-05-458.f. A justification of any request for waivers of the preparedness and prevention requirements of sections 33.1-24-05-15 through 33.1-24-05-25.g. A copy of the contingency plan required by sections 33.1-24-05-26 through 33.1-24-05-36. Include, where applicable, as part of the contingency plan, specific requirements in sections 33.1-24-05-98 and 33.1-24-05-121.h. A description of procedures, structures, or equipment used at the facility to: (1) Prevent hazards in unloading operations, for example, ramps and special forklifts;(2) Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding, for example, berms, dikes, and trenches;(3) Prevent contamination of water supplies;(4) Mitigate effects of equipment failure and power outages;(5) Prevent undue exposure of personnel to hazardous waste (for example, protective clothing); and(6) Prevent releases to atmosphere.i. A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible wastes as required to demonstrate compliance with section 33.1-24-05-08, including documentation demonstrating compliance with subsection 3 of section 33.1-24-05-08.j. Traffic pattern, estimated volume (number, type of vehicles) and control, for example, show turns across traffic lanes and stacking lanes, if appropriate; describe access road, surfacing and load-bearing capacity; show traffic control signals.l. An outline of both the introductory and continuing programs by owners or operators to prepare persons to operate and maintain a hazardous waste management facility in a safe manner as required to demonstrate compliance with section 33.1-24-05-07. A brief description of how training will be designed to meet actual job tasks in accordance with requirements in subdivision c of subsection 1 of section 33.1-24-05-07.m. A copy of the closure plan and where applicable, the postclosure plan required by sections 33.1-24-05-61, 33.1-24-05-67, and 33.1-24-05-110. Include, where applicable, as part of the plans, specific requirements in sections 33.1-24-05-97, 33.1-24-05-110, 33.1-24-05-122, 33.1-24-05-135, 33.1-24-05-151, 33.1-24-05-167, 33.1-24-05-180, 33.1-24-05-301, and 33.1-24-05-303.n. For hazardous waste disposal units that have been closed, documentation that notices required under section 33.1-24-05-68 have been filed.o. The most recent closure and, where applicable, postclosure cost estimate for the facility prepared in accordance with section 33.1-24-05-76 and a copy of the documentation required to demonstrate financial assurance under section 33.1-24-05-77. For a new facility, a copy of the required documentation may be submitted sixty days prior to the initial receipt of hazardous waste, if that is later than the submission of the part B application.p. Where applicable, a copy of the insurance policy or other documentation which comprises compliance with the requirements of section 33.1-24-05-79. For a new facility, documentation showing the amount of insurance meeting the specification of subsection 1, and subsection 2, if applicable, of section 33.1-24-05-79, that the owner or operator plans to have in effect before initial receipt of hazardous waste for treatment, storage, or disposal. A request for a variance in the amount of required coverage, for a new or existing facility, may be submitted as specified in subsection 3 of section 33.1-24-05-79.q. A topographic map showing a distance of one thousand feet [304.8 meters] around the facility at a scale of two and five-tenths centimeters [1 inch] equal to not more than sixty-one meters [200 feet]. (The department may allow the use of other scales on a case-by-case basis.) Contours must be shown on the map. The contour interval must be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of one and five-tenths meters [5 feet], if relief is greater than six and one-tenth meters [20 feet], or an interval of six-tenths meter [2 feet], if relief is less than six and one-tenth meters [20 feet]. Owners and operators of hazardous waste management facilities located in mountainous areas should use larger contour intervals to adequately show topographic profiles of the facilities. The map must clearly show the following: (2) One hundred-year floodplain area.(3) Surface waters including intermittent streams.(4) Surrounding land uses (residential, commercial, agricultural, recreational).(5) A wind rose, for example, prevailing wind speed and direction.(6) Orientation of the map (north arrow).(7) Legal boundaries of the hazardous waste management facility site.(8) Access control (fences, gates).(9) Injection and withdrawal wells, both onsite and offsite.(10) Buildings; treatment, storage, or disposal operations; or other structures (recreation areas, runoff control systems, access and internal roads, storm, sanitary, and processed sewerage systems, loading and unloading areas, fire control facilities, etc.).(11) Barriers for drainage or flood control.(12) Location of operational units within the hazardous waste management facility site, where hazardous waste is (or will be) treated, stored, or disposed (include equipment cleanup areas).r. Applicants may be required to submit such information as may be necessary to enable the department to carry out the department's duties under federal or other state laws as required in section 33.1-24-06-09.s. For facilities that store containers of hazardous waste, except as otherwise provided in section 33.1-24-05-89: (1) A description of the containment system to demonstrate compliance with section 33.1-24-05-94. Show at least the following:(a) Basic design parameters, dimensions, and materials of construction.(b) How the design promotes drainage or how containers are kept from contact with standing liquids in the containment system.(c) Capacity of the containment system relative to the number and volume of containers to be stored.(d) Provisions for preventing or managing run-on.(e) How accumulated liquids can be analyzed and removed to prevent overflow.(2) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of compliance with subsection 3 of section 33.1-24-05-94, including: (a) Test procedures and results or other documentation or information to show that the wastes do not contain free liquids; and(b) A description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids.(3) Sketches, drawings, or data demonstrating compliance with section 33.1-24-05-95 (location of buffer zone and containers holding ignitable or reactive wastes) and subsection 3 of section 33.1-24-05-96 (location of incompatible wastes), where applicable.(4) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with subsections 1 and 2 of section 33.1-24-05-96 and subsections 2 and 3 of section 33.1-24-05-08.(5) Information on air emission control equipment as required in subdivision hh.t. Except as otherwise provided in section 33.1-24-05-103, owners and operators of facilities that use tanks to store or treat hazardous waste shall provide the following additional information: (1) A written assessment that is reviewed and certified by a qualified professional engineer as to the structural integrity and suitability for handling hazardous waste of each tank system, as required under sections 33.1-24-05-104 and 33.1-24-05-105;(2) Dimensions and capacity of each tank;(3) Description of feed systems, safety cutoff, bypass systems, and pressure controls, for example, vents;(4) A diagram of piping, instrumentation, and process flow for each tank system;(5) A description of materials and equipment used to provide external corrosion protection, as required under paragraph 2 of subdivision c of subsection 1 of section 33.1-24-05-105;(6) For new tank systems, a detailed description of how the tank systems will be installed in compliance with subsections 2, 3, 4, and 5 of section 33.1-24-05-105;(7) Detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed, and operated to meet the requirements of subsections 1, 2, 3, 4, 5, and 6 of section 33.1-24-05-106;(8) For tank systems for which a variance from the requirements of section 33.1-24-05-106 is sought (as provided by subsection 7 of section 33.1-24-05-106): (a) Detailed plans and engineering and hydrogeologic reports, as appropriate, alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous waste or hazardous constituents into the ground water or surface water during the life of the facility; or(b) A detailed assessment of the substantial present or potential hazards posed to human health or the environment should a release enter the environment;(9) Description of controls and practices to prevent spills and overflows, as required under subsection 2 of section 33.1-24-05-107;(10) For tank systems in which ignitable, reactive, or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design will achieve compliance with the requirements of sections 33.1-24-05-111 and 33.1-24-05-112; and(11) Information on air emission control equipment as required in subdivision hh.u. For facilities that store, treat, or dispose of hazardous waste in surface impoundments, except as otherwise provided in section 33.1-24-05-01: (1) A list of the hazardous wastes placed or to be placed in each surface impoundment.(2) Detailed plans and an engineering report describing how the surface impoundment is designed and is or will be constructed, operated, and maintained to meet the requirements of sections 33.1-24-05-10, 33.1-24-05-119, 33.1-24-05-126, and 33.1-24-05-127. This submission must address the following items as specified in those sections. (a) The liner system (except for an existing portion of a surface impoundment). If an exemption from the requirement for a liner system is sought as provided by subsection 2 of section 33.1-24-05-119, submit detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time.(b) The double liner and leak (leachate) detection, collection, and removal system, if the surface impoundment must meet the requirements of subsection 3 of section 33.1-24-05-119. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by subsection 4, 5, or 6 of section 33.1-24-05-119, submit appropriate information.(c) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system.(d) The construction quality assurance plan if required under section 33.1-24-05-10.(e) Proposed action leakage rate, with rationale, if required under section 33.1-24-05-126, and response action plan, if required under section 33.1-24-05-127.(f) Prevention of overtopping.(g) Structural integrity of dikes.(3) A description of how each surface impoundment, including the double liner system, leak detection system, cover system, and appurtenances for control of overtopping will be inspected in order to meet the requirements of subsections 1, 2, and 4 of section 33.1-24-05-120. This information must be included in the inspection plan submitted under subdivision e.(4) A certification by a qualified engineer which attests to the structural integrity of each dike as required under subsection 3 of section 33.1-24-05-120. For new units, the owner or operator must submit a statement by a qualified engineer that the engineer will provide such a certification upon completion of construction in accordance with the plans and specifications.(5) A description of the procedure to be used for removing a surface impoundment from service as required under subsections 2 and 3 of section 33.1-24-05-121. This information should be included in the contingency plan submitted under subdivision g.(6) A description of how hazardous waste residues and contaminated materials will be removed from the unit at closure as required under subdivision a of subsection 1 of section 33.1-24-05-122. For any wastes not to be removed from the unit upon closure, the owner or operator shall submit detailed plans and an engineering report describing how subsection 2 and subdivision b of subsection 1 of section 33.1-24-05-122 will be complied with. This information should be included in the closure plan and where applicable, the postclosure plan submitted under subdivision m. (7) If ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of how section 33.1-24-05-123 will be complied with.(8) If incompatible wastes or incompatible wastes and materials will be placed in the surface impoundment, an explanation of how section 33.1-24-05-124 will be complied with.(9) A waste management plan for hazardous wastes F020, F021, F022, F023, F026, and F027 describing how the surface impoundment is or will be designed, constructed, operated, and maintained to meet the requirements of section 33.1-24-05-125. This submission must address the following items as specified in section 33.1-24-05-125: (a) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere.(b) The attenuative properties of underlying and surrounding soils or other materials.(c) The mobilizing properties of other materials codisposed with these wastes.(d) The effectiveness of additional treatment, design, or monitoring techniques.(10) Information on air emission control equipment as required in subdivision hh.v. For facilities that treat or store hazardous waste in waste piles, except as otherwise provided in section 33.1-24-05-01: (1) A list of hazardous wastes placed, or to be placed, in each waste pile.(2) If an exemption is sought to section 33.1-24-05-131 and sections 33.1-24-05-47 through 33.1-24-05-58, as provided by subsection 3 of section 33.1-24-05-130 or subdivision b of subsection 2 of section 33.1-24-05-47, an explanation of how the requirements of subsection 3 of section 33.1-24-05-130 will be complied with or detailed plans and an engineering report describing how the requirements of subdivision b of subsection 2 of section 33.1-24-05-47 will be met.(3) Detailed plans and an engineering report describing how the waste pile is designed and is or will be constructed, operated, and maintained to meet the requirements of sections 33.1-24-05-10, 33.1-24-05-131, 33.1-24-05-137, and 33.1-24-05-138. This submission must address the following items as specified in those sections: (a) The liner system. [1] The liner system (except for an existing portion of a waste pile), if the waste pile must meet the requirements of subsection 1 of section 33.1-24-05-131. If an exemption from the requirement for a liner is sought as provided by subsection 2 of section 33.1-24-05-131, submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;[2] The double liner and leak (leachate) detection, collection, and removal system, if the waste pile must meet the requirements of subsection 2 of section 33.1-24-05-131. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by subsection 3, 4, or 5 of section 33.1-24-05-131, submit appropriate information;[3] If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;[4] The construction quality assurance plan if required under section 33.1-24-05-10; and[5] Proposed action leakage rate, with rationale, if required under section 33.1-24-05-137, and response action plan, if required under section 33.1-24-05-138.(d) Management of collection and holding units associated with run-on and runoff control systems.(e) Control of wind dispersal of particulate matter, where applicable.(4) A description of how each waste pile, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and runoff, will be inspected in order to meet the requirements of subsections 1, 2, and 3 of section 33.1-24-05-132. This information must be included in the inspection plan submitted under subdivision e.(5) If treatment is carried out on or in the pile, details of the process and equipment used, and the nature and quality of the residuals.(6) If ignitable or reactive wastes are to be placed in a waste pile, an explanation of how the requirements of section 33.1-24-05-133 will be complied with.(7) If incompatible wastes or incompatible wastes and materials will be placed in a waste pile, an explanation of how section 33.1-24-05-134 will be complied with.(8) A description of how hazardous waste residues and contaminated materials will be removed from the waste pile at the closure, as required under subsection 1 of section 33.1-24-05-135. For any wastes not to be removed from the waste pile upon closure, the owner or operator must submit detailed plans and an engineering report describing how subsections 1 and 2 of section 33.1-24-05-180 will be complied with. This information should be included in the closure plan and where applicable, the postclosure plan, submitted under subdivision m.(9) A waste management plan for hazardous wastes F020, F021, F022, F023, F026, and F027 describing how a waste pile that is not enclosed (as defined in subsection 3 of section 33.1-24-05-130) is or will be designed, constructed, operated, and maintained to meet the requirements of section 33.1-24-05-136. This submission must address the following items as specified in section 33.1-24-05-136: (a) The volume, physical, and chemical characteristics of the wastes to be disposed in the waste pile, including their potential to migrate through soil or to volatilize or escape into the atmosphere.(b) The attenuative properties of underlying and surrounding soils or other materials.(c) The mobilizing properties of other materials codisposed with these wastes.(d) The effectiveness of additional treatment, design, or monitoring techniques.w. For facilities that incinerate hazardous waste, except as section 33.1-24-05-144 and paragraph 5 provides otherwise, the owner or operator must fulfill the requirements of paragraphs 1, 2, or 3. (1) When seeking an exemption under subsections 2 or 3 of section 33.1-24-05-144 (ignitable, corrosive, or reactive wastes only), submit documentation, that the waste to be burned: (a) Is hazardous (either listed in sections 33.1-24-02-15 through 33.1-24-02-19 or fails the characteristic tests in sections 33.1-24-02-10 through 33.1-24-02-14) solely because it is: [1] Ignitable, or corrosive, or both; or[2] Listed in sections 33.1-24-02-15 through 33.1-24-02-19 as reactive for characteristics other than those in subdivisions d and e of subsection 1 of section 33.1-24-02-13, or fails the characteristic in subdivisions a, b, c, e, f, g, or h of subsection 1 of section 33.1-24-02-133, and will not be burned when other hazardous wastes are present in the combustion zone.(2) Submit a trial burn plan or the results of a trial burn, including all required determinations in accordance with subsection 2 of section 33.1-24-06-19.(3) In lieu of a trial burn, the applicant may submit the following information: (a) An analysis of each waste or mixture of wastes to be burned, including: [1] Heat value of the waste in the form and composition in which it will be burned.[2] Viscosity (if applicable), or description of physical form of the waste.[3] An identification of any hazardous organic constituents listed in 33.1-24-02, appendix V, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in 33.1-24-02, appendix V, which would reasonably not be expected to be found in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion stated. The waste analysis must rely on appropriate analytical techniques.[4] An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by appropriate analytical methods.[5] A quantification of those hazardous constituents in the waste which may be designated as principal organic hazardous constituents based on data submitted from the other trial or operational burns which demonstrate compliance with the performance standard in section 33.1-24-05-147.(b) A detailed engineering description of the incinerator, including: [1] Manufacturer's name and model number of incinerator.[3] Linear dimension of incinerator unit including cross-sectional area of combustion chamber.[4] Description of auxiliary fuel system (type/feed).[5] Capacity of prime mover.[6] Description of automatic waste feed cutoff systems.[7] Stack gas monitoring and pollution control monitoring system.[8] Nozzle and burner design.[9] Construction materials.[10] Location and description and temperature, pressure, and flow indicating devices and control devices.(c) A description and analysis of the waste to be burned compared with the waste for which data from operational or trial burns are provided to support the contention that a trial burn is not needed. The data should include those items listed in subparagraph a. This analysis should specify the principal organic hazardous constituents which the applicant has identified in the waste for which a permit is sought and any differences from the principal organic hazardous constituents in the waste for which burn data are provided.(d) The design and operating conditions of the incinerator unit to be used, compared with that for which comparable burn data are available.(e) A description of the results submitted from any previously conducted trial burns, including: [1] Sampling and analysis techniques used to calculate performance standards in section 33.1-24-05-147.[2] Methods and results of monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate indicator of combustion gas velocity (including a statement concerning the precision and accuracy of this measurement).(f) The expected incinerator operation information to demonstrate compliance with sections 33.1-24-05-147 and 33.1-24-05-149, including: [1] Expected carbon monoxide level in the stack exhaust gas.[3] Combustion zone temperature.[4] Indication of combustion gas velocity.[5] Expected stack gas volume, flow rate, and temperature.[6] Computed residence time for waste in the combustion zone.[7] Expected hydrochloric acid removal efficiency.[8] Expected fugitive emissions and their control procedures.[9] Proposed waste feed cutoff limits based on the identified significant operating parameters.(g) Such supplemental information as the department finds necessary to achieve the purposes of this paragraph.(h) Waste analysis data, including that submitted in subparagraph a, sufficient to allow the department to specify as permit principal organic hazardous constituents those constituents for which destruction and removal efficiencies will be required.(4) The department shall approve a permit application without a trial burn if the department finds that: (a) The wastes are sufficiently similar; and(b) The incinerator units are sufficiently similar, and the data from other trial burns are adequate to specify (under section 33.1-24-05-149) operating conditions that will ensure that the performance standards in section 33.1-24-05-147 will be met.(5) When an owner or operator of a hazardous waste incineration unit becomes subject to hazardous waste permit requirements after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart EEE (for example, by conducting a comprehensive performance test and submitting a notification of compliance under 40 CFR sections 63.1207(j) and 63.1210(d) documenting compliance with all applicable requirements of 40 CFR part 63, subpart EEE), the requirements of this subdivision do not apply, except those provisions the department determines are necessary to ensure compliance with subsections 1 and 3 of section 33.1-24-05-149 if the permittee elects to comply with paragraph 1 of subdivision a of subsection 1 of section 33.1-24-06-100 to minimize emissions of toxic compounds from startup, shutdown, and malfunction events. Nevertheless, the department may apply the provisions of this subdivision, on a case-by-case basis, for purposes of information collection in accordance with subsections 11 and 12 of section 33.1-24-06-01 and subdivisions b and c of subsection 2 of section 33.1-24-06-05.x. For facilities that use land treatment to dispose of hazardous waste, except as otherwise provided in section 33.1-24-05-01: (1) A description of plans to conduct a treatment demonstration as required under section 33.1-24-05-162. The description must include the following information: (a) The wastes for which the demonstration will be made and the potential hazardous constituents in the waste.(b) The data sources to be used to make the demonstration, for example, literature, laboratory data, field data, or operating data.(c) Any specific laboratory or field test that will be conducted, including: [1] The type of test, for example, column leaching, degradation.[2] Materials and methods, including analytical procedures.[3] Expected time for completion.[4] Characteristics of the unit that will be simulated in the demonstration, including treatment zone characteristics, climatic conditions, and operating practices.(2) A description of a land treatment program as required under section 33.1-24-05-161. This information must be submitted with the plans for the treatment demonstration and updated following the treatment demonstration. The land treatment program must address the following items: (a) The wastes to be land treated.(b) Design measures and operating practices necessary to maximize treatment in accordance with subsection 1 of section 33.1-24-05-163, including: [1] Waste application method and rate.[2] Measures to control soil pH.[3] Enhancement of microbial or chemical reactions.[4] Control of moisture content.(c) Provisions for unsaturated zone monitoring, including: [1] Sampling equipment, procedures, and frequency.[2] Procedures for selecting sampling locations. [3] Analytical procedures.[4] Chain of custody control.[5] Procedures for establishing background values.[6] Statistical methods for interpreting results.[7] Justification for any hazardous constituents recommended for selection as principal hazardous constituents in accordance with the criteria for such selection in subsection 1 of section 33.1-24-05-165.(d) A list of hazardous constituents reasonably expected to be in, or derived from, the waste to be land treated based on waste analysis performed pursuant to section 33.1-24-05-04.(e) The proposed dimensions of the treatment zone.(3) A description of how the unit is, or will be designed, constructed, operated, and maintained in order to meet the requirements of section 33.1-24-05-163. This submission must address the following items: (b) Collection and control of runoff.(c) Minimization of runoff of hazardous constituents from the treatment zone.(d) Management of collection and holding facilities associated with run-on and runoff control systems.(e) Periodic inspection of the unit. This information should be included in the inspection plan submitted under subdivision e.(f) Control of wind dispersal of particulate matter, if applicable.(4) If food chain crops are to be grown in or on the treatment zone of the land treatment unit, a description of how the demonstration required under subsection 1 of section 33.1-24-05-164 will be conducted, including:(a) Characteristics of the food chain crop for which the demonstration will be made.(b) Characteristics of the waste treatment zone and waste application method and rate to be used in the demonstration.(c) Procedures for crop growth, sample collection, sample analysis, and data evaluation.(d) Characteristics of the comparison crop, including the location and conditions under which it was or will be grown.(5) If food chain crops are to be grown and cadmium is present in the land treated waste, a description of how the requirements of subsection 5 of section 33.1-24-05-164 will be complied with.(6) A description of the vegetative cover to be applied to closed portions of the facility and a plan for maintaining such cover during the postclosure care period as required under subdivision h of subsection 1 and subdivision b of subsection 3 of section 33.1-24-05-167. This information should be included in the closure plan and where applicable, the postclosure care plan submitted under subdivision m.(7) If ignitable or reactive wastes will be placed in or on the treatment zone, an explanation of how the requirements of section 33.1-24-05-168 will be complied with.(8) If incompatible wastes or incompatible wastes and materials will be placed in or on the same treatment zone, an explanation of how section 33.1-24-05-169 will be complied with.(9) A waste management plan for hazardous wastes F020, F021, F022, F023, F026, and F027 describing how a land treatment facility is or will be designed, constructed, operated, and maintained to meet the requirements of section 33.1-24-05-170. This submission must address the following items as specified in section 33.1-24-05-170: (a) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere.(b) The attenuative properties of underlying and surrounding soils or other materials.(c) The mobilizing properties of other materials codisposed with these wastes.(d) The effectiveness of additional treatment, design, or monitoring techniques.y. For facilities that dispose of hazardous waste in landfills, except as otherwise provided in section 33.1-24-05-01: (1) A list of the hazardous wastes placed or to be placed in each landfill or landfill cell.(2) Detailed plans and an engineering report describing how the landfill is designed and is or will be constructed, operated, and maintained to comply with the requirements of sections 33.1-24-05-10, 33.1-24-05-177, 33.1-24-05-178, and 33.1-24-05-187. This submission must address the following items as specified in those sections: (a) The liner system. [1] The liner system (except for an existing portion of a landfill), if the landfill must meet the requirements of subsection 1 of section 33.1-24-05-177. If an exemption from the requirement for a liner is sought as provided by subsection 2 of section 33.1-24-05-177, submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;[2] The double liner and leak (leachate) detection, collection, and removal system, if the landfill must meet the requirements of subsection 3 of section 33.1-24-05-177. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by subsections 4, 5, or 6 of section 33.1-24-05-177, submit appropriate information;[3] If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;[4] The construction quality assurance plan if required under section 33.1-24-05-10; and[5] Proposed action leakage rate, with rationale, if required under section 33.1-24-05-187, and response action plan, if required under section 33.1-24-05-178.(d) Management of collection and holding facilities associated with run-on and runoff control systems.(e) Control of wind dispersal of particulate matter where applicable.(3) A description of how each landfill, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and runoff, will be inspected in order to meet the requirements of subsections 1, 2, and 3 of section 33.1-24-05-178. This information must be included in the inspection plan submitted under subdivision e.(4) A description of how each landfill, including the liner and cover systems will be inspected in order to meet the requirements of subsections 1 and 2 of section 33.1-24-05-178. This information should be included in the inspection plan submitted under subdivision e.(5) Detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure in accordance with subsection 1 of section 33.1-24-05-180 and a description of how each landfill will be maintained and monitored after closure in accordance with subsection 2 of section 33.1-24-05-180. This information should be included in the closure and postclosure plans submitted under subdivision m.(6) If ignitable or reactive wastes will be landfilled, an explanation of how the requirements of section 33.1-24-05-181 will be complied with.(7) If incompatible wastes or incompatible wastes and materials will be landfilled, an explanation of how section 33.1-24-05-182 will be complied with.(8) If containers of hazardous waste are to be landfilled, an explanation of how the requirements of section 33.1-24-05-184 or 33.1-24-05-185, as applicable, will be complied with.(9) A waste management plan for hazardous wastes F020, F021, F022, F023, F026, and F027 describing how a landfill is or will be designed, constructed, operated, and maintained to meet the requirements of section 33.1-24-05-186. This submission must address the following items as specified in section 33.1-24-05-186: (a) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere.(b) The attenuative properties of underlying and surrounding soils or other materials.(c) The mobilizing properties of other materials codisposed with these wastes.(d) The effectiveness of additional treatment, design, or monitoring techniques.aa. For land disposal facilities, if a case-by-case extension has been approved under section 33.1-24-05-254 or a petition has been approved under section 33.1-24-05-255, a copy of the notice of approval for the extension or petition is required.bb. Except as otherwise provided in section 33.1-24-05-300, owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units must provide the following additional information: (1) A detailed description of the unit being used or proposed for use, including the following: (a) Physical characteristics, materials of construction, and dimensions of the unit;(b) Detailed plans and engineering reports describing how the unit will be located, designed, constructed, operated, maintained, monitored, inspected, and closed to comply with the requirements of sections 33.1-24-05-301 and 33.1-24-05-302; and(c) For disposal units, a detailed description of the plans to comply with the postclosure requirements of section 33.1-24-05-303.(2) Detailed hydrologic, geologic, and meteorologic assessments and land use maps for the region surrounding the site that address and ensure compliance of the unit with each factor in the environmental performance standards of section 33.1-24-05-301. If the applicant can demonstrate that the applicant does not violate the environmental performance standards of section 33.1-24-05-301 and the department agrees with such demonstration, preliminary hydrologic, geologic, and meteorologic assessments will suffice.(3) Information on the potential pathways of exposure of humans or environmental receptors to hazardous waste or hazardous constituents and on the potential magnitude and nature of such exposures.(4) For any treatment unit, a report on a demonstration of the effectiveness of the treatment based on laboratory or field data.(5) Any additional information determined by the department to be necessary for evaluation of compliance of the unit with the environmental performance standards of section 33.1-24-05-301.cc. Except as otherwise provided in section 33.1-24-05-01, owners and operators of facilities that have process vents to which sections 33.1-24-05-400 through 33.1-24-05-419 apply must provide the following additional information: (1) For facilities that cannot install a closed-vent system and control device to comply with the provisions of sections 33.1-24-05-400 through 33.1-24-05-419 on the effective date that the facility becomes subject to the provisions of sections 33.1-24-05-400 through 33.1-24-05-419, an implementation schedule as specified in subdivision b of subsection 1 of section 33.1-24-05-403.(2) Documentation of compliance with the process vent standards in section 33.1-24-05-402, including: (a) Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility, for example, the total emissions for all affected vents at the facility, and the approximate location within the facility of each affected unit, for example, identify the hazardous waste management units on a facility plot plan.(b) Information and data supporting estimates of vent emissions and emission reduction achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, estimates of vent emissions and emission reductions must be made using operating parameter values, for example, temperatures, flow rates, or concentrations, that represent the conditions that exist when the waste management unit is operating at the highest load or capacity level reasonably expected to occur.(c) Information and data used to determine whether or not a process vent is subject to the requirements of section 33.1-24-05-402.(3) If an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with the requirements of section 33.1-24-05-402, and chooses to use the test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in subdivision c of subsection 2 of section 33.1-24-05-405.(4) Documentation of compliance with section 33.1-24-05-403, including: (a) A list of all information references and sources used in preparing the documentation.(b) Records, including the dates, of each compliance test required by subsection 11 of section 33.1-24-05-403.(c) A design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in section 33.1-24-01-05) or other engineering texts acceptable to the department that present basic control device information. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in paragraph 3 of subdivision d of subsection 2 of section 33.1-24-05-405.(d) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur.(e) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of ninety-five weight percent or greater unless the total organic emission limits of subsection 1 of section 33.1-24-05-402 for affected access vents at the facility can be attained by a control device involving vapor recovery at an efficiency level less than ninety-five weight percent.dd. Except as otherwise provided in section 33.1-24-05-01, owners and operators of facilities that have equipment to which sections 33.1-24-05-420 through 33.1-24-05-449 apply must provide the following additional information: (1) For each piece of equipment to which sections 33.1-24-05-420 through 33.1-24-05-449 apply: (a) Equipment identification number and hazardous waste management unit identification.(b) Approximate locations within the facility, for example, identify the hazardous waste management unit on a facility plot plan.(c) Type of equipment, for example, a pump or pipeline valve.(d) Percent by weight total organics in the hazardous waste stream at the equipment.(e) Hazardous waste state at the equipment, for example, gas or vapor or liquid.(f) Method of compliance with the standard, for example, "monthly leak detection and repairs" or "equipped with dual mechanical seals".(2) For facilities that do not install a closed-vent system and control device to comply with the provisions of sections 33.1-24-05-420 through 33.1-24-05-449 on the effective date that the facility becomes subject to the provisions of sections 33.1-24-05-420 through 33.1-24-05-449, an implementation schedule as specified in subdivision b of subsection 1 of section 33.1-24-05-403.(3) If an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in subdivision c of subsection 2 of section 33.1-24-05-405.(4) Documentation that demonstrates compliance with the equipment standards in sections 33.1-24-05-422 to 33.1-24-05-429. This documentation must contain the records required under section 33.1-24-05-434. The department may request further documentation before deciding if compliance has been demonstrated.(5) Documentation to demonstrate compliance with section 33.1-24-05-430 must include the following information: (a) A list of all information references and sources used in preparing the documentation.(b) Records, including the dates, of each compliance test required by subsection 10 of section 33.1-24-05-403.(c) A design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in section 33.1-24-01-05) or other engineering texts acceptable to the department that present basic control device information. The design analysis should address the vent stream characteristics and control device operation parameters as specified in paragraph 3 of subdivision d of subsection 2 of section 33.1-24-05-405.(d) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur.(e) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of ninety-five weight percent or greater.ee. Except as otherwise provided by section 33.1-24-05-01, owners and operators of hazardous waste treatment, storage, or disposal facilities that collect, store, or treat hazardous waste on drip pads must provide the following additional information: (1) A list of hazardous wastes placed or to be placed on each drip pad.(2) If an exemption is sought to sections 33.1-24-05-47 through 33.1-24-05-58, as provided by section 33.1-24-05-47, detailed plans and an engineering report describing how the requirements of subdivision b of subsection 2 of section 33.1-24-05-47 will be met.(3) Detailed plans and an engineering report describing how the drip pad is or will be designed, constructed, operated, and maintained to meet the requirements of section 33.1-24-05-504, including the as-built drawings and specifications. This submission must address the following items as specified in section 33.1-24-05-502: (a) The design characteristics of the drip pad;(c) The leakage detection system, including the leak detection system and how it is designed to detect the failure of the drip pad or the presence of any releases of hazardous waste or accumulated liquid at the earliest practicable time;(d) Practices designed to maintain drip pads;(e) The associated collection system;(f) Control of run-on to the drip pad;(g) Control of runoff from the drip pad;(h) The interval at which drippage and other materials will be removed from the associated collection system and a statement demonstrating that the interval will be sufficient to prevent overflow onto the drip pad;(i) Procedures for cleaning the drip pad at least once every seven days to ensure the removal of any accumulated residues of waste or other materials, including rinsing, washing with detergents or other appropriate solvents, or steam cleaning and provisions for documenting the date, time, and cleaning procedure used each time the pad is cleaned;(j) Operating practices and procedures that will be followed to ensure that tracking of hazardous waste or waste constituents off the drip pad due to activities by personnel or equipment is minimized;(k) Procedures for ensuring that, after removal from the treatment vessel, treated wood from pressure and nonpressure processes is held on the drip pad until drippage has ceased, including recordkeeping practices;(l) Provisions for ensuring that collection and holding units associated with the run-on and runoff control systems are emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system;(m) If treatment is carried out on the drip pad, details of the process equipment used, and the nature and quality of the residuals;(n) A description of how each drip pad, including appurtenances for control of run-on and runoff, will be inspected in order to meet the requirements of section 33.1-24-05-504. This information should be included in the inspection plan submitted under subdivision e;(o) A certification signed by a qualified, professional engineer, stating that the drip pad design meets the requirements of subsections 1 through 6 of section 33.1-24-05-504; and(p) A description of how hazardous waste residues and contaminated materials will be removed from the drip pad at closure, as required under subsection 1 of section 33.1-24-05-506. For any waste not to be removed from the drip pad upon closure, the owner or operator must submit detailed plans and an engineering report describing how section 33.1-24-05-180 will be complied with. This information should be included in the closure plan and, where applicable, the postclosure plan submitted under subdivision m.ff. When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject to hazardous waste permit requirements after October 12, 2005, or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart EEE (for example, by conducting a comprehensive performance test and submitting a notification of compliance under 40 CFR sections 63.1207(j) and 63.1210(d) documenting compliance with all applicable requirements of 40 CFR part 63, subpart EEE), the requirements of this subdivision do not apply. The requirements of this subdivision do apply, however, if the department determines certain provisions are necessary to ensure compliance with 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 if the permittee elects to comply with paragraph 1 of subdivision a of subsection 1 of section 33.1-24-06-100 to minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if the permittee is an area source and elects to comply with the sections 33.1-24-05-530, 33.1-24-05-531, and 33.1-24-05-532 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and nonmercury metals; or the department determines certain provisions apply, on a case-by-case basis, for purposes of information collection in accordance with subsections 11 and 12 of section 33.1-24-06-01 and subdivisions b and c of subsection 2 of section 33.1-24-06-05. (1) Trial burns. (a) General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by section 33.1-24-05-529, standards to control particulate matter provided by section 33.1-24-05-530, standards to control metals emissions provided by section 33.1-24-05-531, or standards to control hydrogen chloride or chlorine gas emissions provided by section 33.1-24-05-532 must conduct a trial burn to demonstrate conformance with those standards and must submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with subsection 4 of section 33.1-24-06-19. [1] A trial burn to demonstrate conformance with a particular emission standard may be waived under provisions of sections 33.1-24-05-529 through 33.1-24-05-532 and subparagraphs b through e; and[2] The owner or operator may submit data in lieu of a trial burn, as prescribed in subparagraph f.(b) Waiver of trial burn for destruction and removal efficiency. [1] Boilers operated under special operating requirements. When seeking to be permitted under subdivision d of subsection 1 of section 33.1-24-05-529 and section 33.1-24-05-535 that automatically waive the destruction and removal efficiency trial burn, the owner or operator of a boiler must submit documentation that the boiler operates under the special operating requirements provided by section 33.1-24-05-535.[2] Boilers and industrial furnaces burning low-risk waste. When seeking to be permitted under the provisions for low-risk waste provided by subdivision e of subsection 1 of section 33.1-24-05-529 and subsection 1 of section 33.1-24-05-534 that waive the destruction and removal efficiency trial burn, the owner or operator must submit: [a] Documentation that the device is operated in conformance with the requirements of subdivision a of subsection 1 of section 33.1-24-05-534.[b] Results of analyses of each waste to be burned, documenting the concentrations of nonmetal compounds listed in appendix V of 33.1-24-02, except for those constituents that would reasonably not be expected to be in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion explained. The analysis must rely on appropriate analytical techniques.[c] Documentation of hazardous waste firing rates and calculations of reasonable, worst-case emission rates of each constituent identified in subitem b using procedures provided by paragraph 2 of subdivision b of subsection 1 of section 33.1-24-05-534.[d] Results of emissions dispersion modeling for emissions identified in subitem c using modeling procedures prescribed by subsection 8 of section 33.1-24-05-531. The department will review the emission modeling conducted by the applicant to determine conformance with these procedures. The department will either approve the modeling or determine that alternate or supplementary modeling is appropriate.[e] Documentation that the maximum annual average ground level concentration of each constituent identified in subitem b quantified in conformance with subitem d does not exceed the allowable ambient level established in appendices XIX or XX of 33.1-24-05. The acceptable ambient concentration for emitted constituents for which a specific reference air concentration has not been established in appendix XIX of 33.1-24-05 or risk-specific dose has not been established in appendix XX of 33.1-24-05 is one-tenth microgram per cubic meter, as noted in the footnote to appendix XIX of 33.1-24-05.(c) Waiver of trial burn for metals. When seeking to be permitted under the tier I (or adjusted tier I) metals feed rate screening limits provided by subsections 2 and 5 of section 33.1-24-05-531 that control metals emissions without requiring a trial burn, the owner or operator must submit: [1] Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feedstocks;[2] Documentation of the concentration of each metal controlled by subsection 2 or 5 of section 33.1-24-05-531 in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of each metal;[3] Documentation of how the applicant will ensure that the tier I feed rate screening limits provided by subsection 2 or 5 of section 33.1-24-05-531 will not be exceeded during the averaging period provided by that subsection;[4] Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by subdivisions c through e of subsection 2 of section 33.1-24-05-531;[5] Documentation of compliance with the provisions of subdivision f of subsection 2 of section 33.1-24-05-531, if applicable, for facilities with multiple stacks;[6] Documentation that the facility does not fail the criteria provided by subdivision g of subsection 2 of section 33.1-24-05-531 for eligibility to comply with the screening limits; and[7] Proposed sampling and metals analysis plan for the hazardous waste, other fuels, and industrial furnace feedstocks.(d) Waiver of trial burn for particulate matter. When seeking to be permitted under the low-risk waste provisions of subsection 2 of section 33.1-24-05-534 which waives the particulate standard (and trial burn to demonstrate conformance with the particulate standard), applicants must submit documentation supporting conformance with item 2 of subparagraph b and subparagraph c.(e) Waiver of trial burn for hydrogen chloride and chlorine. When seeking to be permitted under the tier I (or adjusted tier I) feed rate screening limits for total chloride and chlorine provided by subdivision a of subsection 2 and subsection 5 of section 33.1-24-05-532 that control emissions of hydrogen chloride and chlorine gas without requiring a trial burn, the owner or operator must submit: [1] Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feedstocks;[2] Documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine;[3] Documentation of how the applicant will ensure that the tier I (or adjusted tier I) feed rate screening limits provided by subdivision a of subsection 2 or subsection 5 of section 33.1-24-05-532 will not be exceeded during the averaging period provided by that subsection;[4] Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by subdivision c of subsection 2 of section 33.1-24-05-532;[5] Documentation of compliance with the provisions of subdivision d of subsection 2 of section 33.1-24-05-532, if applicable, for facilities with multiple stacks;[6] Documentation that the facility does not fail the criteria provided by subdivision c of subsection 2 of section 33.1-24-05-532 for eligibility to comply with the screening limits; and[7] Proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks.(f) Data in lieu of trial burn. The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with sections 33.1-24-05-529 through 33.1-24-05-532 and subsection 4 of section 33.1-24-06-19 by providing the information required by subsection 4 of section 33.1-24-06-19 from previous compliance testing of the device in conformance with section 33.1-24-05-528, or from compliance testing or trial or operational burns of similar boilers or industrial furnaces burning similar hazardous wastes under similar conditions. If data from a similar device is used to support a trial burn waiver, the design and operating information required by subsection 4 of section 33.1-24-06-19 must be provided for both the similar device and the device to which the data is to be applied, and a comparison of the design and operating information must be provided. The department shall approve a permit application without a trial burn if the department finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar, and the data from other compliance tests, trial burns, or operational burns are adequate to specify (under section 33.1-24-05-527) operating conditions that will ensure conformance with subsection 3 of section 33.1-24-05-527. In addition, the following information shall be submitted: [1] For a waiver from any trial burn: [a] A description and analysis of the hazardous waste to be burned compared with the hazardous waste for which data from compliance testing, or operational or trial burns are provided to support the contention that a trial burn is not needed;[b] The design and operating conditions of the boiler or industrial furnace to be used, compared with that for which comparative burn data are available; and[c] Such supplemental information as the department finds necessary to achieve the purposes of this subparagraph.[2] For a waiver of the destruction and removal efficiency trial burn, the basis for selection of principal organic hazardous constituents used in the other trial or operational burns which demonstrate compliance with the destruction and removal efficiency performance standard in subsection 1 of section 33.1-24-05-529. This analysis should specify the constituents in appendix V of 33.1-24-02, that the applicant has identified in the hazardous waste for which a permit is sought, and any differences from the principal organic hazardous constituents in the hazardous waste for which burn data are provided.(2) Alternative hydrocarbon limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial furnaces requesting an alternative hydrocarbon limit under subsection 6 of section 33.1-24-05-529 shall submit the following information at a minimum: (a) Documentation that the furnace is designed and operated to minimize hydrocarbon emissions from fuels and raw materials;(b) Documentation of the proposed baseline flue gas hydrocarbon (and carbon monoxide) concentration, including data on hydrocarbon (and carbon monoxide) levels during tests when the facility produced normal products under normal operating conditions from normal raw materials while burning normal fuels and when not burning hazardous waste;(c) Test burn protocol to confirm the baseline hydrocarbon (and carbon monoxide) level, including information on the type and flow rate of all feed streams, point of introduction of all feed streams, total organic carbon content (or other appropriate measure of organic content) of all nonfuel feed streams, and operating conditions that affect combustion of fuels and destruction of hydrocarbon emissions from nonfuel sources;(d) Trial burn plan to: [1] Demonstrate that flue gas hydrocarbon (and carbon monoxide) concentrations when burning hazardous waste do not exceed the baseline hydrocarbon (and carbon monoxide) level; and[2] Identify the types and concentrations of organic compounds listed in appendix V of 33.1-24-02, that are emitted when burning hazardous waste in conformance with procedures prescribed by the department;(e) Implementation plan to monitor over time changes in the operation of the facility that could reduce the baseline hydrocarbon level and procedures to periodically confirm the baseline hydrocarbon level; and(f) Such other information as the department finds necessary to achieve the purposes of this paragraph.(3) Alternative metals implementation approach. When seeking to be permitted under an alternative metals implementation approach under subsection 6 of section 33.1-24-05-531, the owner or operator must submit documentation specifying how the approach ensures compliance with the metals emissions standards of subsection 3 or 4 of section 33.1-24-05-531 and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other information that the department finds necessary to achieve the purposes of this paragraph.(4) Automatic waste feed cutoff system. Owners and operators shall submit information describing the automatic waste feed cutoff system, including any prealarm systems that may be used.(5) Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in section 33.1-24-05-536) directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by section 33.1-24-05-536.(6) Residues. Owners and operators that claim that their residues are excluded from regulation under the provisions of section 33.1-24-05-537 must submit information adequate to demonstrate conformance with those provisions.gg. A summary of the preapplication meeting, along with a list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, as required under subsection 3 of section 33.1-24-07-25.hh. Except as otherwise provided in section 33.1-24-05-01, owners and operators of tanks, surface impoundments, or containers that use air emission controls in accordance with the requirements of sections 33.1-24-05-450 through 33.1-24-05-474 must provide the following additional information: (1) Documentation for each floating roof cover installed on a tank subject to subdivision a or b of subsection 4 of section 33.1-24-05-454 that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications as listed in subdivision a of subsection 5 or subdivision a of subsection 6 of section 33.1-24-05-454.(2) Identification of each container area subject to the requirements of sections 33.1-24-05-450 through 33.1-24-05-474 and certification by the owner or operator that the requirements of sections 33.1-24-05-450 through 33.1-24-05-474 are met.(3) Documentation for each enclosure used to control air pollutant emissions from tanks or containers in accordance with the requirements of subdivision e of subsection 4 of section 33.1-24-05-454 or paragraph 2 of subdivision a of subsection 5 of section 33.1-24-05-456 that includes records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T -Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B.(4) Documentation for each floating membrane cover installed on a surface impoundment in accordance with the requirements of subsection 3 of section 33.1-24-05-455 that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in subdivision a of subsection 3 of section 33.1-24-05-455.(5) Documentation for each closed-vent system and control device installed in accordance with the requirements of section 33.1-24-05-457 that includes design and performance information as specified in paragraphs 3 and 4 of subdivision cc.(6) An emission monitoring plan for both method 21 in 40 CFR part 60, appendix A and control device monitoring methods. This plan shall include the following information: monitoring point or points, monitoring methods for control devices, monitoring frequency, procedures for documenting exceedances, and procedures for mitigating noncompliances.(7) When an owner or operator of a facility subject to sections 33.1-24-05-450 through 33.1-24-05-474 cannot comply with the requirements of sections 33.1-24-05-450 through 33.1-24-05-474 by the date of permit issuance, the schedule of implementation required under 40 CFR 265.1082 as incorporated by reference at subsection 5 of section 33.1-24-06-16 must be provided.3. Additional information requirements. The following additional information regarding protection of ground water is required from owners or operators of hazardous waste facilities containing a regulated unit except as provided in subsection 2 of section 33.1-24-05-47. a. A summary of the ground water monitoring data obtained during the interim status period under subsection 5 of section 33.1-24-06-16, where applicable.b. Identification of the uppermost aquifer and aquifers hydrologically interconnected beneath the facility property, including ground water flow direction and rate, and the basis for such identification, for example, the information obtained from hydrogeologic investigations of the facility area.c. On the topographic map required under subdivision q of subsection 2, a delineation of the waste management area, the property boundary, the proposed "point of compliance" as defined under section 33.1-24-05-52, the proposed location of ground water monitoring wells as required under section 33.1-24-05-54, and to the extent possible, the information required in subdivision b.d. A description of any plume of contamination that has entered the ground water from a regulated unit at the time that the application was submitted: (1) Delineates the extent of the plume on the topographic map required under subdivision q of subsection 2; and(2) Identifies the concentration of each appendix XII, of 33.1-24-05, constituent throughout the plume or identifies the maximum concentrations of each appendix XII constituent in the plume.e. Detailed plans and an engineering report describing the proposed ground water monitoring program to be implemented to meet the requirements of section 33.1-24-05-54.f. If the presence of hazardous constituents has not been detected in the ground water at the time of permit application, the owner or operator must submit sufficient information, supporting data, and analysis to establish a detection monitoring program which meets the requirements of section 33.1-24-05-55. This submission must address the following items specified under section 33.1-24-05-55: (1) A proposed list of indicator parameters, waste constituents, or reaction products that can provide a reliable indication of the presence of hazardous constituents in the ground water;(2) A proposed ground water monitoring system;(3) Background values for each proposed monitoring parameter or constituent, or procedures to calculate such values; and(4) A description of proposed sampling, analysis, and statistical comparison procedures to be analyzed in evaluating ground water monitoring data.g. If the presence of hazardous constituents has been detected in the ground water at the point of compliance at the time of the permit application, the owner or operator must submit sufficient information, supporting data, and analysis to establish a compliance monitoring program which meets the requirements of section 33.1-24-05-56. Except as provided in subdivision e of subsection 8 of section 33.1-24-05-55, the owner or operator must also submit an engineering feasibility plan for a corrective action program necessary to meet the requirements of section 33.1-24-05-57 unless the owner or operator obtains a written authorization in advance from the department to submit a proposed permit schedule for submittal of such a plan. To demonstrate compliance with section 33.1-24-05-56, the owner or operator must address the following items: (1) A description of the wastes previously handled at the facility;(2) A characterization of the contaminated ground water, including concentrations of hazardous constituents;(3) A list of hazardous constituents for which compliance monitoring will be undertaken in accordance with sections 33.1-24-05-54 and 33.1-24-05-56;(4) Proposed concentration limits for each hazardous constituent, based on the criteria set forth in subsection 1 of section 33.1-24-05-51, including a justification for establishing any alternate concentration limit;(5) Detailed plans and an engineering report describing the proposed ground water monitoring system, in accordance with the requirements of section 33.1-24-05-54; and(6) A description of proposed sampling, analysis, and statistical comparison procedures to be utilized in evaluating ground water monitoring data.h. If hazardous constituents have been measured in the ground water which exceed the concentration limits established under section 33.1-24-05-51, table 1, or if ground water monitoring conducted at the time of permit application under sections 33.1-24-05-47 through 33.1-24-05-51 at the waste boundary indicates the presence of hazardous constituents from the facility in ground water over the background concentrations, the owner or operator must submit sufficient information, supporting data, and analysis to establish a corrective action program which meets the requirements of section 33.1-24-05-57. However, an owner or operator is not required to submit information to establish a corrective action program if the owner or operator demonstrates to the department that alternate concentration limits will protect human health and the environment after considering the criteria listed in subsection 2 of section 33.1-24-05-51. An owner or operator who is not required to establish a corrective action program for this reason must instead submit sufficient information to establish a compliance monitoring program which meets the requirements of section 33.1-24-05-56 and subdivision f. To demonstrate compliance with section 33.1-24-05-57, the owner or operator must address, at a minimum, the following items: (1) A characterization of the contaminated ground water, including concentrations of hazardous constituents;(2) The concentration limit for each hazardous constituent found in the ground water as set forth in section 33.1-24-05-51;(3) Detailed plans and an engineering report describing the corrective action to be taken; and(4) A description of how the ground water monitoring program will demonstrate the adequacy of the corrective action.(5) The permit may contain a schedule for submittal of the information required in paragraphs 3 and 4 provided the owner or operator obtains written authorization from the department prior to submittal of the complete permit application.4. Information requirements for solid waste management units. a. The following information is required for each solid waste management unit at a facility seeking a permit: (1) The location of a unit on the topographic map required under subdivision g of subsection 2.(2) Designation of type of unit.(3) General dimensions and structural description (supply any available drawings).(4) When the unit was operated.(5) Specification of all wastes that have been managed at the unit to the extent available.b. The owner or operator of any facility containing one or more solid waste management units must submit all available information pertaining to any release of hazardous wastes or hazardous constituents from such unit or units.c. The owner or operator must conduct and provide the results of sampling and analysis of ground water, land surface, and subsurface strata, surface water, or air, which may include the installation of wells, where the department ascertains it is necessary to complete a hazardous waste facility assessment that will determine if a more complete investigation is necessary.N.D. Admin Code 33.1-24-06-17
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, 23.1-04-15; S.L. 2017, ch. 199, § 19