N.D. Admin. Code 33.1-24-06-19

Current through Supplement No. 394, October, 2024

Section 33.1-24-06-19 - Special forms of permits

1.Emergency permits. Notwithstanding any other provisions of this chapter or chapter 33.1-24-07, if the department finds an imminent and substantial endangerment to human health or the environment, the department may issue a temporary emergency permit to a nonpermitted facility to allow treatment, storage, or disposal of hazardous waste or a permitted facility to allow treatment, storage, or disposal of a hazardous waste not covered by an effective permit. This emergency permit:

a. May be oral or written. If oral, it shall be followed in five days by a written emergency permit;

b. May not exceed ninety days in duration;

c. Must clearly specify the hazardous wastes to be received and the manner and location of their treatment, storage, or disposal;

d. May be terminated by the department at any time without process if the department determines that termination is appropriate to protect human health and the environment;

e. Must be accompanied by a public notice published under subsection 2 of section 33.1-24-07-06, including:

(1) Name and address of the office granting the emergency authorization;

(2) Name and location of the permitted hazardous waste management facility;

(3) A brief description of the wastes involved;

(4) A brief description of the action authorized and reasons for authorizing it; and

(5) Duration of the emergency permit; and

f. Must incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this chapter and 33.1-24-05.

2.Hazardous waste incinerator permits. 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 subsection 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 subsection, 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.

a. For the purposes of determining operational readiness following completion of physical construction, the department shall establish permit conditions, including allowable waste feeds and operating conditions in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness sufficient to conduct a trial burn, not to exceed seven hundred twenty hours operating time for treatment of hazardous waste. The department may extend the duration of this operational period once for up to seven hundred twenty additional hours at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to section 33.1-24-06-14.

(1) Applicants shall submit a statement with the permit application which suggests the conditions necessary to operate in compliance with the performance standards of section 33.1-24-05-147 during this period. This statement should include, at a minimum, restrictions on waste constituents, waste feed rates, and the operating parameters identified in section 33.1-24-05-149.

(2) The department will review this statement and any other relevant information submitted with the permit application and specify requirements for this period sufficient to meet the performance standards of section 33.1-24-05-147 based on the department's engineering judgment.

b. For the purposes of determining feasibility of compliance with the performance standards of section 33.1-24-05-147 and of determining adequate operating conditions under section 33.1-24-05-149, the department shall establish conditions in the permit for a new hazardous waste incinerator to be effective during the trial burn.

(1) Applicants must propose a trial burn plan prepared under paragraph 2 with the permit application.

(2) The trial burn plan must include the following information:

(a) An analysis of each waste or mixture of wastes to be burned which includes:

[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.

(b) A detailed engineering description of the incinerator for which the permit is sought, including:

[1] Manufacturer's name and model number of incinerator (if available).

[2] Type of incinerator.

[3] Linear dimensions of the incinerator unit, including cross-sectional area of combustion chamber.

[4] Description of the auxiliary fuel system (type/feed).

[5] Capacity of prime mover.

[6] Description of automatic waste feed cutoff system or systems.

[7] Stack gas monitoring and pollution control equipment.

[8] Nozzle and burner design.

[9] Construction materials.

[10] Location and description of temperature, pressure, and flow indicating and control devices.

(c) A detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.

(d) A detailed test schedule for each waste for which the trial burn is planned, including dates, duration, quantity of waste to be burned, and other factors relevant to the department's decision under paragraph 5.

(e) A detailed test protocol, including, for each waste identified, the ranges of temperature, waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the incinerator.

(f) A description of, and planned operating conditions for, any emission control equipment which will be used.

(g) Procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction.

(h) Such other information as the department reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this paragraph and the criteria in paragraph 5.

(3) In reviewing the trial burn plan, the department shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this subsection.

(4) Based on the waste analysis data in the trial burn plan, the department will specify as trial principal organic hazardous constituents those constituents for which destruction and removal efficiencies must be calculated during the trial burn. These trial principal organic hazardous constituents will be specified by the department based on the department's estimate of the difficulty of incineration of the constituents identified in the waste analysis, their concentration or mass in the waste feed, and, for wastes listed in sections 33.1-24-02-15 through 33.1-24-02-19, the hazardous waste organic constituent or constituents identified in appendix IV of 33.1-24-02 as the basis for listing.

(5) The department shall approve a trial burn plan if the department finds that:

(a) The trial burn is likely to determine whether the incinerator performance standard required by section 33.1-24-05-147 can be met;

(b) The trial burn itself will not present an imminent hazard to human health or the environment;

(c) The trial burn will help the department determine operating requirements to be specified under section 33.1-24-05-149; and

(d) The information sought in subparagraphs a and c cannot reasonably be developed through other means.

(6) The department must send a notice to all persons on the facility mailing list as set forth in paragraph 4 of subdivision a of subsection 3 of section 33.1-24-07-06 and to the appropriate units of state and local government as set forth in subdivision b of subsection 3 of section 33.1-24-07-06 announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the department has issued such notice.

(a) This notice must be mailed within a reasonable time period before the scheduled trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the department.

(b) This notice must contain:

[1] The name and telephone number of the applicant's contact person;

[2] The name and telephone number of the department's contact office;

[3] The location where the approved trial burn plan and any supporting documents can be reviewed and copied; and

[4] An expected time period for commencement and completion of the trial burn.

(7) During each approved trial burn (or as soon after the burn as practicable), the applicant must make the following determinations:

(a) A quantitative analysis of the trial principal organic hazardous constituents in the waste feed to the incinerator.

(b) A quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial principal organic hazardous constituents, oxygen, and hydrogen chloride.

(c) A quantitative analysis of the scrubber water (if any), ash residues, and other residues, for the purpose of estimating the fate of the trial principal organic hazardous constituents.

(d) A computation of destruction and removal efficiency, in accordance with the destruction and removal efficiency formula specified in subsection 1 of section 33.1-24-05-147.

(e) If the hydrogen chloride emission rate exceeds one and eight-tenths kilograms of hydrogen chloride per hour [4 pounds per hour], a computation of the hydrogen chloride removal efficiency in accordance with subsection 2 of section 33.1-24-05-147.

(f) A computation of particulate emissions, in accordance with subsection 3 of section 33.1-24-05-147.

(g) An identification of sources of fugitive emissions and their means of control.

(h) A measurement of average, maximum, and minimum temperatures and combustion gas velocity.

(i) A continuous measurement of carbon monoxides in the exhaust gas.

(j) Such other information as the department may specify as necessary to ensure that the trial burn will determine compliance with the performance standard in section 33.1-24-05-147 and to establish the operating conditions required by section 33.1-24-05-149 as necessary to meet that performance standard.

(8) The applicant shall submit to the department a certification that the trial burn has been carried out in accordance with the approved trial burn plan and shall submit the results of all the determinations required in paragraph 6. This submission must be made within ninety days of the completion of the trial burn, or later if approved by the department.

(9) All data collected during any trial burn must be submitted to the department following the completion of the trial burn.

(10) All submissions required by this subdivision must be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under section 33.1-24-06-03.

(11) Based on the results of the trial burn, the department shall set the operating requirements in the final permit according to section 33.1-24-05-149. The permit modification shall proceed according to section 33.1-24-06-14.

c. For the purposes of allowing operation of a new hazardous waste incinerator following completion of the trial burn and prior to final modification of the permit conditions to reflect the trial burn results, the department may establish permit conditions, including allowable waste feeds and operating conditions sufficient to meet the requirements of section 33.1-24-05-149 in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to complete sample analysis, data computation, and submission of the trial burn results by the applicant, and modification of the facility permit by the department.

(1) Applicants shall submit a statement with the permit application which identifies the conditions necessary to operate in compliance with the performance standards of section 33.1-24-05-147 during this period. This statement should include, at a minimum, restrictions on waste constituents, waste feed rates, and the operating parameters identified in section 33.1-24-05-149.

(2) The department will review this statement and any other relevant information submitted with the permit application and specify those requirements for this period most likely to meet the performance standards of section 33.1-24-05-147 based on the department's engineering judgment.

d. For the purpose of determining feasibility of compliance with the performance standards of section 33.1-24-05-147 and of determining adequate operating conditions under section 33.1-24-05-149, the applicant for a permit for an existing hazardous waste incinerator must prepare and submit a trial burn plan and perform a trial burn in accordance with paragraph 2 of subdivision w of subsection 2 of section 33.1-24-06-17 and paragraphs 2 through 5 and 7 through 10 of subdivision b or, instead, submit other information as specified in paragraph 3 of subdivision w of subsection 2 of section 33.1-24-06-17. The department must announce the department's intention to approve the trial burn plan in accordance with the timing and distribution requirements of paragraph 6 of subdivision b. The contents of the notice must also include a schedule of the activities that are required prior to permit issuance. Applicants submitting information under paragraph 1 of subdivision w of subsection 2 of section 33.1-24-06-17 are exempt from compliance with sections 33.1-24-05-147 and 33.1-24-05-149 and, therefore, are exempt from the requirement to conduct a trial burn. Applicants who submit trial burn plans and receive approval before submission of a permit application must complete the trial burn and submit the results specified in paragraph 6 of subdivision b, with part B of the permit application. If completion of this process conflicts with the date set for submission of the part B application, the applicant must contact the department to establish a later date for submission of the part B application or the trial burn results. Trial burn results must be submitted prior to issuance of the permit. When the applicant submits a trial burn plan with part B of the permit application, the department will specify a time period prior to permit issuance in which the trial burn must be conducted and the results submitted.

3.Permits for land treatment demonstrations using field tests or laboratory analyses.

a. For the purpose of allowing an owner or operator to meet the treatment demonstration requirements of section 33.1-24-05-162, the department may issue a treatment demonstration permit. The permit must contain only those requirements necessary to meet the standards in subsection 3 of section 33.1-24-05-162. The permit may be issued either as a treatment or disposal permit covering only the field test or laboratory analyses or as a two-phase facility permit covering field tests or laboratory analyses and design construction, operation, and maintenance of the land treatment unit.

(1) The department may issue a two-phase facility permit if the department finds that based on information submitted in the permit application substantial, although incomplete or inconclusive, information already exists on which to base the issuance of a facility permit.

(2) If the department finds that not enough information exists upon which the department can establish permit conditions to attempt to provide for compliance with all the requirements of the land treatment requirements in sections 33.1-24-05-160 through 33.1-24-05-175, the department shall issue a treatment demonstration permit covering only the field test or laboratory analyses.

b. If the department finds that a phased permit may be issued, the department will establish as requirements in the first phase of the facility permit conditions for conducting a field test or laboratory analyses. These permit conditions will contain design and operating parameters (including the duration of the tests or analyses and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone), monitoring procedures, postdemonstration cleanup activities, and any other conditions which the department finds may be necessary under subsection 3 of section 33.1-24-05-162. The department will include conditions in the second phase of the facility permit to attempt to meet all the requirements in sections 33.1-24-05-160 through 33.1-24-05-175 pertaining to unit design, construction, operation, and maintenance. The department will establish these conditions in the second phase of the permit, based upon the substantial but incomplete or inconclusive information contained in the permit application.

(1) The first phase of the permit will be effective as provided in subsection 2 of section 33.1-24-07-11.

(2) The second phase of the permit will be effective as provided in subdivision d.

c. When the owner or operator who has been issued a two-phase permit has completed the treatment demonstration, the owner or operator shall submit to the department a certification signed by a person authorized to sign a permit application or report under section 33.1-24-06-03 that the field tests or laboratory analyses have been carried out in accordance with the conditions specified in phase one of the permit for conducting such tests or analyses. The owner or operator shall also submit all data collected during the field tests or laboratory analyses within ninety days of completion of those tests or analyses, unless the department approves a later date.

d. If the department determines that the results of the field tests or laboratory analyses meet the requirements of section 33.1-24-05-162, the department will modify the second phase of the permit to incorporate any requirements necessary for operation of the facility in compliance with sections 33.1-24-05-160 through 33.1-24-05-175, based upon the results of the field tests or laboratory analyses.

(1) This permit modification may proceed under section 33.1-24-06-14, or otherwise proceed as a modification under subdivision b of subsection 1 of section 33.1-24-06-12. If such modifications are necessary, the second phase of the permit will become effective only after those modifications have been made.

(2) If no modifications of the second phase of the permit are necessary, the department will give notice of the department's final decision to the permit applicant and to each person who submitted written comments on the phased permit or who requested notice of the final decision on the second phase of the permit. The second phase of the permit then will become effective as specified in subsection 2 of section 33.1-24-07-11.

4.Permits for boilers and industrial furnaces burning hazardous waste. 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 subsection do not apply. The requirements of this subsection 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.

a. General. Owners and operators of new boilers and industrial furnaces (those not operating under the interim status standards of section 33.1-24-05-528) are subject to subdivisions b through f. Boilers and industrial furnaces operating under the interim status standards of section 33.1-24-05-528 are subject to subdivision g.

b. Permit operating periods for new boilers and industrial furnaces. A permit for a new boiler or industrial furnace shall specify appropriate conditions for the following operating periods:

(1) Pretrial burn period. For the period beginning with initial introduction of hazardous waste and ending with initiation of the trial burn, and only for the minimum time required to bring the boiler or industrial furnace to a point of operational readiness to conduct a trial burn, not to exceed seven hundred twenty hours operating time when burning hazardous waste, the department must establish in the pretrial burn period of the permit conditions, including allowable hazardous waste feed rates and operating conditions. The department may extend the duration of this operational period once, for up to seven hundred twenty additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to section 33.1-24-06-14.

(a) Applicants must submit a statement, with part B of the permit application, that suggests the conditions necessary to operate in compliance with the standards of sections 33.1-24-05-529 through 33.1-24-05-532 during this period. This statement should include, at a minimum, restrictions on the applicable operating requirements identified in subsection 5 of section 33.1-24-05-527.

(b) The department will review this statement and any other relevant information submitted with part B of the permit application and specify requirements for this period sufficient to meet the performance standards of sections 33.1-24-05-529 through 33.1-24-05-532 based on the department's engineering judgment.

(2) Trial burn period. For the duration of the trial burn, the department must establish conditions in the permit for the purposes of determining feasibility of compliance with the performance standards of sections 33.1-24-05-529 through 33.1-24-05-532 and determining adequate operating conditions under subsection 5 of section 33.1-24-05-527. Applicants must propose a trial burn plan, prepared under subdivision c, to be submitted with part B of the permit application.

(3) Posttrial burn period.

(a) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, and submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the department to reflect the trial burn results, the department will establish the operating requirements most likely to ensure compliance with the performance standards of sections 33.1-24-05-529 through 33.1-24-05-532 based on the department's engineering judgment.

(b) Applicants must submit a statement, with part B of the application, that identifies the conditions necessary to operate during this period in compliance with the performance standards of sections 33.1-24-05-529 through 33.1-24-05-532. This statement should include, at a minimum, restrictions on the operating requirements provided by subsection 5 of section 33.1-24-05-527.

(c) The department will review this statement and any other relevant information submitted with part B of the permit application and specify requirements for this period sufficient to meet the performance standards of sections 33.1-24-05-529 through 33.1-24-05-532 based on the department's engineering judgment.

(4) Final permit period. For the final period of operation, the department will develop operating requirements in conformance with subsection 5 of section 33.1-24-05-527 that reflect conditions in the trial burn plan and are likely to ensure compliance with the performance standards of sections 33.1-24-05-529 through 33.1-24-05-532. Based on the trial burn results, the department shall make any necessary modifications to the operating requirements to ensure compliance with the performance standards. The permit modification shall proceed according to section 33.1-24-06-14.

c. Requirements for trial burn plans. The trial burn plan must include the following information. The department, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this subdivision:

(1) An analysis of each feed stream, including hazardous waste, other fuels, and industrial furnace feedstocks, as fired, that includes:

(a) Heating value, levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, thallium, total chlorine/chloride, and ash; and

(b) Viscosity or description of the physical form of the feed stream;

(2) An analysis of each hazardous waste, as fired, including:

(a) An identification of any hazardous organic constituents listed in appendix V of 33.1-24-02, that are present in the feed stream, except that the applicant need not analyze for constituents listed in appendix V of 33.1-24-02 that would reasonably not be expected to be found in the hazardous waste. The constituents excluded from analysis must be identified and the basis for this exclusion explained. The waste analysis must be conducted in accordance with appropriate analytical techniques.

(b) An approximate quantification of the hazardous constituents identified in the hazardous waste, within the precision produced by appropriate analytical methods.

(c) A description of blending procedures, if applicable, prior to firing the hazardous waste, including a detailed analysis of the hazardous waste prior to blending, an analysis of the material with which the hazardous waste is blended, and blending ratios.

(3) A detailed engineering description of the boiler or industrial furnace, including:

(a) Manufacturer's name and model number of the boiler or industrial furnace;

(b) Type of boiler or industrial furnace;

(c) Maximum design capacity in appropriate units;

(d) Description of the feed system for the hazardous waste, and, as appropriate, other fuels and industrial furnace feedstocks;

(e) Capacity of hazardous waste feed system;

(f) Description of automatic hazardous waste feed cutoff systems;

(g) Description of any air pollution control system; and

(h) Description of stack gas monitoring and any pollution control monitoring systems.

(4) A detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.

(5) A detailed test schedule for each hazardous waste for which the trial burn is planned, including dates, duration, quantity of hazardous waste to be burned, and other factors relevant to the department's decision under paragraph 2 of subdivision b.

(6) A detailed test protocol, including, for each hazardous waste identified, the ranges of hazardous waste feed rate, and, as appropriate, the feed rates of other fuels and industrial furnace feedstocks, and any other relevant parameters that may affect the ability of the boiler or industrial furnace to meet the performance standards in sections 33.1-24-05-529 through 33.1-24-05-532.

(7) A description of, and planned operating conditions for, any emission control equipment that will be used.

(8) Procedures for rapidly stopping the hazardous waste feed and controlling emissions in the event of an equipment malfunction.

(9) Such other information as the department reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this subdivision and the criteria in paragraph 2 of subdivision b.

d. Trial burn procedures.

(1) A trial burn must be conducted to demonstrate conformance with the standards of sections 33.1-24-05-529 through 33.1-24-05-532 under an approved trial burn plan.

(2) The department shall approve a trial burn plan if the department finds that:

(a) The trial burn is likely to determine whether the boiler or industrial furnace can meet the performance standards of sections 33.1-24-05-529 through 33.1-24-05-532;

(b) The trial burn itself will not present an imminent hazard to human health and the environment;

(c) The trial burn will help the department to determine operating requirements to be specified under subsection 5 of section 33.1-24-05-527; and

(d) The information sought in the trial burn cannot reasonably be developed through other means.

(3) The department must send a notice to all persons on the facility mailing list as set forth in subdivision a of subsection 3 of section 33.1-24-07-06 and to the appropriate units of local government as set forth in subdivision b of subsection 3 of section 33.1-24-07-06 announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the department has issued such notice. This notice must be mailed within a reasonable time period before the trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the department. This notice must contain:

(a) The name and telephone number of the applicant's contact person;

(b) The name and telephone number of the department contact;

(c) The location where the approved trial burn plan and any supporting documents can be reviewed and copied; and

(d) An expected time period for commencement and completion of the trial burn.

(4) The applicant must submit to the department a certification that the trial burn has been carried out in accordance with the approved trial burn plan and must submit the results of all the determinations required in subdivision c. This submission shall be made within ninety days of completion of the trial burn, or later if approved by the department.

(5) All data collected during any trial burn must be submitted to the department following completion of the trial burn.

(6) All submissions required by this subdivision must be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under section 33.1-24-06-03.

e. Special procedures for destruction and removal efficiency trial burns. When a destruction and removal efficiency trial burn is required under subsection 1 of section 33.1-24-05-529, the department will specify (based on the hazardous waste analysis data and other information in the trial burn plan) as trial principal organic hazardous constituents those compounds for which destruction and removal efficiencies must be calculated during the trial burn. These trial principal organic hazardous constituents will be specified by the department based on information, including the department's estimate of the difficulty of destroying the constituents identified in the hazardous waste analysis, their concentrations or mass in the hazardous waste feed, and, for hazardous waste containing or derived from wastes listed in sections 33.1-24-02-15 through 33.1-24-02-19, the hazardous waste organic constituent or constituents identified in appendix IV of 33.1-24-02 as the basis for listing.

f. Determinations based on trial burn. During each approved trial burn (or as soon after the burn as is practicable), the applicant must make the following determinations:

(1) A quantitative analysis of the levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, thallium, silver, and chlorine/chloride, in the feed streams (hazardous waste, other fuels, and industrial furnace feedstocks);

(2) When a destruction and removal efficiency trial burn is required under subsection 1 of section 33.1-24-05-529:

(a) A quantitative analysis of the trial principal organic hazardous constituents in the hazardous waste feed;

(b) A quantitative analysis of the stack gas for the concentration and mass emissions of the trial principal organic hazardous constituents; and

(c) A computation of destruction and removal efficiency, in accordance with the destruction and removal efficiency formula specified in subsection 1 of section 33.1-24-05-529;

(3) When a trial burn for chlorinated dioxins and furans is required under subsection 5 of section 33.1-24-05-529, a quantitative analysis of the stack gas for the concentration and mass emission rate of the 2,3,7,8-chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and furans, and a computation showing conformance with the emission standard;

(4) When a trial burn for particulate matter, metals, hydrogen chloride or chlorine is required under section 33.1-24-05-530, subsection 3 or 4 of section 33.1-24-05-531, or subdivision b of subsection 2 or subsection 3 of section 33.1-24-05-532, a quantitative analysis of the stack gas for the concentrations and mass emissions of particulate matter, metals, or hydrogen chloride and chlorine, and computations showing conformance with the applicable emission performance standards;

(5) When a trial burn for destruction and removal efficiency, metals, or hydrogen chloride or chlorine is required under subsection 1 of section 33.1-24-05-529, subsection 3 or 4 of section 33.1-24-05-531, or subdivision b of subsection 2 or subsection 3 of section 33.1-24-05-532, a quantitative analysis of the scrubber water (if any), ash residues, other residues, and products for the purpose of estimating the fate of the trial principal organic hazardous constituents, metals, and chlorine/chloride;

(6) An identification of sources of fugitive emissions and their means of control;

(7) A continuous measurement of carbon monoxide, oxygen, and where required, hydrocarbons, in the stack gas; and

(8) Such other information as the department may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in sections 33.1-24-05-529 through 33.1-24-05-532 and to establish the operating conditions required by subsection 5 of section 33.1-24-05-527 as necessary to meet those performance standards.

g. Interim status boilers and industrial furnaces. For the purpose of determining feasibility of compliance with the performance standards of sections 33.1-24-05-529 through 33.1-24-05-532 and of determining adequate operating conditions under section 33.1-24-05-528, applicants owning or operating existing boilers or industrial furnaces operated under the interim status standards of section 33.1-24-05-528 must either prepare and submit a trial burn plan and perform a trial burn in accordance with the requirements of this subsection or submit other information as specified in subparagraph f of paragraph 1 of subdivision ff of subsection 2 of section 33.1-24-06-17. The department must announce its intention to approve of the trial burn plan in accordance with the timing and distribution requirements of paragraph 3 of subdivision d. The contents of the notice must include: the name and telephone number of a contact person at the facility; the name and telephone number of the department contact; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for department approval of the plan and the time periods during which the trial burn would be conducted. Applicants who submit a trial burn plan and receive approval before submission of the part B permit application must complete the trial burn and submit the results specified in subdivision f with the part B permit application. If completion of this process conflicts with the date set for submission of the part B application, the applicant must contact the department to establish a later date for submission of the part B application or the trial burn results. If the applicant submits a trial burn plan with part B of the permit application, the trial burn must be conducted and the results submitted within a time period prior to permit issuance to be specified by the department.

5.Remedial action plans. Remedial action plans (RAPs) are special forms of permits that are regulated under sections 33.1-24-06-30 through 33.1-24-06-35.

6.Hazardous waste standardized permits. Standardized permits are special forms of permits for treatment, storage, or disposal owners or operators that:

a. Generate hazardous waste and then nonthermally treat or store the hazardous waste onsite in tanks, containers, or containment buildings; or

b. Receive hazardous waste generated offsite by a generator under the same ownership as the receiving facility, and then store or nonthermally treat the hazardous waste in containers, tanks, or containment buildings. Standardized permit facility owners or operators are regulated under sections 33.1-24-06-45 through 33.1-24-06-85, 33.1-24-07-40 through 33.1-24-07-54, and 33.1-24-05-950 through 33.1-24-05-1149.

N.D. Admin Code 33.1-24-06-19

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