Header:
NORTH DAKOTA ADMINISTRATIVE CODE
TITLE 33. STATE DEPARTMENT OF HEALTH
ARTICLE 24. HAZARDOUS WASTE MANAGEMENT
CHAPTER 5. STANDARDS FOR TREATMENT, STORAGE, AND DISPOSAL FACILITIES AND FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TY
Date:
08/31/2009
Document:
33-24-05-527. Permit standards for burners.
1. Applicability.
a. General. Owners and operators of boilers and industrial furnaces burning hazardous waste and not operating under interim status must comply with the requirements of this section and subdivision ff of subsection 2 of section 33-24-06-17 and subsection 4 of section 33-24-06-19, unless exempt under the small quantity burner exemption of section 33-24-05-533.
b. Applicability of sections 33-24-05-01 through 33-24-05-190, 33-24-05-300 through 33-24-05-524, and 33-24-05-550 through 33-24-05-559 standards. Owners and operators of boilers and industrial furnaces that burn hazardous waste are subject to the following provisions of sections 33-24-05-01 through 33-24-05-190, 33-24-05-300 through 33-24-05-524, and 33-24-05-550 through 33-24-05-559, except as provided otherwise by sections 33-24-05-525 through 33-24-05-549:
(1) Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to section 7003 of the Resource Conservation and Recovery Act;
(2) In sections 33-24-05-02 through 33-24-05-14, sections 33-24-05-02 through 33-24-05-09;
(3) In sections 33-24-05-15 through 33-24-05-25, sections 33-24-05-15 through 33-24-05-20;
(4) In sections 33-24-05-26 through 33-24-05-36, sections 33-24-05-26 through 33-24-05-31;
(5) In sections 33-24-05-37 through 33-24-05-46, the applicable provisions of sections 33-24-05-38 through 33-24-05-44;
(6) In sections 33-24-05-47 through 33-24-05-58, sections 33-24-05-47 and 33-24-05-58;
(7) In sections 33-24-05-59 through 33-24-05-73, sections 33-24-05-60 through 33-24-05-64;
(8) In sections 33-24-05-74 through 33-24-05-88, 33-24-05-75, 33-24-05-76, 33-24-05-77, and 33-24-05-79 through 33-24-05-81, except that the state and federal governments are exempt from the requirements of sections 33-24-05-74 through 33-24-05-88; and
(9) Sections 33-24-05-420 through 33-24-05-449, except subsection 1 of section 33-24-05-420.
2. Hazardous waste analysis.
a. The owner or operator must provide an analysis of the hazardous waste that quantifies the concentration of any constituent identified in appendix V of chapter 33-24-02 that may reasonably be expected to be in the waste. Such constituents must be identified and quantified if present, at levels detectable by analytical procedures prescribed by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, environmental protection agency publication SW-846 as incorporated by reference in section 33-24-01-05. Alternative methods that meet or exceed the method performance capabilities of environmental protection agency publication SW-846 methods may be used. If environmental protection agency publication SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method. The appendix V of chapter 33-24-02 constituents excluded from this analysis must be identified and the basis for their exclusion explained. This analysis will be used to provide all information required by sections 33-24-05-525 through 33-24-05-549 and subdivision ff of subsection 2 of section 33-24-06-17 and subsection 4 of section 33-24-06-19 and to enable the permit writer to prescribe such permit conditions as necessary to protect human health and the environment. Such analysis must be included as a portion of the part B permit application, or, for facilities operating under the interim status standards of sections 33-24-05-525 through 33-24-05-549, as a portion of the trial burn plan that may be submitted before the part B application under provisions of subdivision g of subsection 4 of section 33-24-06-19 as well as any other analysis required by the permit authority in preparing the permit. Owners and operators of boilers and industrial furnaces not operating under the interim status standards must provide the information required by subdivision ff of subsection 2 of section 33-24-06-17 or subdivision c of subsection 4 of section 33-24-06-19 in the part B application to the greatest extent possible.
b. Throughout normal operation, the owner or operator must conduct sampling and analysis as necessary to ensure that the hazardous waste, other fuels, and industrial furnace feedstocks fired into the boiler or industrial furnace are within the physical and chemical composition limits specified in the permit.
3. Emissions standards. Owners and operators must comply with emissions standards provided by sections 33-24-05-529 through 33-24-05-532.
4. Permits.
a. The owner or operator may burn only hazardous wastes specified in the facility permit and only under the operating conditions specified under subsection 5, except in approved trial burns under the conditions specified in subsection 4 of section 33-24-06-19.
b. Hazardous wastes not specified in the permit may not be burned until operating conditions have been specified under a new permit or permit modification, as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with part B of a permit application under subdivision ff of subsection 2 of section 33-24-06-17.
c. Boilers and industrial furnaces operating under the interim status standards of section 33-24-05-528 are permitted under procedures provided by subdivision g of subsection 4 of section 33-24-06-19.
d. A permit for a new boiler or industrial furnace (those boilers and industrial furnaces not operating under the interim status standards) must establish appropriate conditions for each of the applicable requirements, including but not limited to allowable hazardous waste firing rates and operating conditions necessary to meet the requirements of subsection 5, in order to comply with the following standards:
(1) 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 device to a point of operational readiness to conduct a trial burn, not to exceed a duration of seven hundred twenty hours operating time when burning hazardous waste, the operating requirements must be those most likely to ensure compliance with the emission standards of section 33-24-05-529 through 33-24-05-532, based on the department's engineering judgment. If the applicant is seeking a waiver from a trial burn to demonstrate conformance with a particular emission standard, the operating requirements during this initial period of operation shall include those specified by the applicable provisions of section 33-24-05-529, 33-24-05-530, 33-24-05-531, or 33-24-05-532. The department may extend the duration of this period for up to seven hundred twenty additional hours when good cause for the extension is demonstrated by the applicant.
(2) For the duration of the trial burn, the operating requirements must be sufficient to demonstrate compliance with the emissions standards of sections 33-24-05-529 through 33-24-05-532 and must be in accordance with the approved trial burn plan.
(3) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, submission of the trial burn results by the applicant, review of the trial burn results and modification of the facility permit by the department to reflect the trial burn results, the operating requirements must be those likely to ensure compliance with the emission standards sections 33-24-05-529 through 33-24-05-532 based on the department's engineering judgment.
(4) For the remaining duration of the permit, the operating requirements must be those demonstrated in a trial burn or by alternative data specified in subdivision ff of subsection 2 of section 33-24-06-17, as sufficient to ensure compliance with the emissions standards of sections 33-24-05-529 through 33-24-05-532.
5. Operating requirements.
a. General. A boiler or industrial furnace burning hazardous waste must be operated in accordance with the operating requirements specified in the permit at all times where there is hazardous waste in the unit.
b. Requirements to ensure compliance with the organic emissions standards:
(1) Destruction and removal efficiency standard. Operating conditions will be specified either on a case-by-case basis for each hazardous waste burned as those demonstrated (in a trial burn or by alternative data as specified in subdivision ff of subsection 2 of section 33-24-06-17) to be sufficient to comply with the destruction and removal efficiency performance standard of subsection 1 of section 33-24-05-529 or as those special operating requirements provided by subdivision d of subsection 1 of section 33-24-05-529 for the waiver of the destruction and removal efficiency trial burn. When the destruction and removal efficiency trial burn is not waived under subdivision d of subsection 1 of section 33-24-05-529, each set of operating requirements will specify the composition of the hazardous waste (including acceptable variations in the physical and chemical properties of the hazardous waste which will not affect compliance with the destruction and removal efficiency performance standard) to which the operating requirements apply. For each such hazardous waste, the permit will specify acceptable operating limits including, but not limited to, the following conditions as appropriate:
(a) Feed rate of hazardous waste and other fuels measured and specified as prescribed in subdivision f;
(b) Minimum and maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in subdivision f;
(c) Appropriate controls of the hazardous waste firing system;
(d) Allowable variation in boiler or industrial furnace system design or operating procedures;
(e) Minimum combustion gas temperature measured at a location indicative of combustion chamber temperature, measured and specified as prescribed in subdivision f;
(f) An appropriate indicator of combustion gas velocity, measured and specified as prescribed in subdivision f, unless documentation is provided under subsection 4 of section 33-24-06-19 demonstrating adequate combustion gas residence time; and
(g) Such other operating requirements as are necessary to ensure that the destruction and removal efficiency performance standards of subsection 1 of section 33-24-05-529 are met.
(2) Carbon monoxide and hydrocarbon standards. The permit must incorporate a carbon monoxide limit and, as appropriate, a hydrocarbon limit as provided by subsections 2 through 6 of section 33-24-05-529. The permit limits will be specified as follows:
(a) When complying with the carbon monoxide standard of subdivision a of subsection 2 of section 33-24-05-529, the permit limit is one hundred parts per million by volume.
(b) When complying with the alternative carbon monoxide standard under subsection 3 of section 33-24-05-529, the permit limit for carbon monoxide is based on the trial burn and is established as the average overall valid runs of the highest hourly rolling average carbon monoxide level of each run, and the permit limit for hydrocarbon is twenty parts per million by volume (as defined in subdivision a of subsection 3 of section 33-24-05-529), except as provided in subsection 6 of section 33-24-05-529.
(c) When complying with the alternative hydrocarbon limit for industrial furnaces under subsection 6 of section 33-24-05-529, the permit limit for hydrocarbon and carbon monoxide is the baseline level when hazardous waste is not burned as specified by that subsection.
(3) Startup and shutdown. During startup and shutdown of the boiler or industrial furnace, hazardous waste (except waste fed solely as an ingredient under the tier I (or adjusted tier I) feed rate screening limits for metals and chloride/chlorine, and except low risk waste exempt from the trial burn requirements under subdivision e of subsection 1 of section 33-24-05-529 and sections 33-24-05-530, 33-24-05-531, and 33-24-05-532) must not be fed into the device unless the device is operating within the conditions of operation specified in the permit.
c. Requirements to ensure conformance with the particulate standard.
(1) Except as provided in paragraphs 2 and 3, the permit shall specify the following operating requirements to ensure conformance with the particulate standard specified in section 33-24-05-530:
(a) Total ash feed rate to the device from hazardous waste, other fuels, and industrial furnace feedstocks, measured and specified as prescribed in subdivision f;
(b) Maximum device production rate when producing normal product expressed in appropriate units, and measured and specified as prescribed in subdivision f;
(c) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
(d) Allowable variation in boiler or industrial furnace system design, including any air pollution control system or operating procedures; and
(e) Such other operating requirements as are necessary to ensure that the particulate standard in subsection 1 of section 33-24-05-530 is met.
(2) Permit conditions to ensure conformance with the particulate matter standard shall not be provided for facilities exempt from the particulate matter standard under subsection 2 of section 33-24-05-530.
(3) For cement kilns and lightweight aggregate kilns, permit conditions to ensure compliance with the particulate standard shall not limit the ash content of hazardous waste or other feed materials.
d. Requirements to ensure conformance with the metals emissions standard.
(1) For conformance with the tier I (or adjusted tier I) metals feed rate screening limits of subsection 2 or 5 of section 33-24-05-531, the permit shall specify the following operating requirements:
(a) Total feed rate of each metal in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified under provisions of subdivision f;
(b) Total feed rate of hazardous waste measured and specified as prescribed in subdivision f; and
(c) A sampling and metals analysis program for the hazardous waste, other fuels, and industrial furnace feedstocks;
(2) For conformance with the tier II metals emission rate screening limits under subsection 3 of section 33-24-05-531 and the tier III metals controls under subsection 4 of section 33-24-05-531, the permit shall specify the following operating requirements:
(a) Maximum emission rate for each metal specified as the average emission rate during the trial burn;
(b) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in paragraph 1 of subdivision f; and
(c) Feed rate of each metal in the following feedstreams, measured and specified as prescribed in subdivision f:
1 Total feedstreams;
2 Total hazardous waste feed;
3 Total pumpable hazardous waste feed;
4 Total feed rate of chlorine and chloride in total feedstreams measured and specified as prescribed in subdivision f;
5 Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in subdivision f;
6 Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in subdivision f;
7 Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in subdivision f;
8 Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
9 Allowable variation in boiler or industrial furnace system design including any air pollution control system or operating procedures; and
10 Such other operating requirements as are necessary to ensure that the metal standards under subsection 3 of section 33-24-05-531 or subsection 4 of section 33-24-05-531 are met; and
(3) For conformance with an alternative implementation approach approved by the department under subsection 6 of section 33-24-05-531, the permit will specify the following operating requirements:
(a) Maximum emission rate for each metal specified as the average emission rate during the trial burn;
(b) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in paragraph 1 of subdivision f;
(c) Feed rate of each metal in the following feedstreams, measured and specified as prescribed in subdivision f:
1 Total hazardous waste feed; and
2 Total pumpable hazardous waste feed;
(d) Total feed rate of chlorine and chloride in total feedstreams measured and specified prescribed in subdivision f;
(e) Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in subdivision f;
(f) Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in subdivision f;
(g) Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in subdivision f;
(h) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
(i) Allowable variation in boiler or industrial furnace system design including any air pollution control system or operating procedures; and
(j) Such other operating requirements as are necessary to ensure that the metals standards under subsection 3 of section 33-24-05-531 or subsection 4 of section 33-24-05-531 are met.
e. Requirements to ensure conformance with the hydrogen chloride and chlorine gas standards.
(1) For conformance with the tier I total chloride and chlorine feed rate screening limits of subdivision a of subsection 2 of section 33-24-05-532, the permit will specify the following operating requirements:
(a) Feed rate of total chloride and chlorine in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified as prescribed in subdivision f;
(b) Feed rate of total hazardous waste measured and specified as prescribed in subdivision f; and
(c) A sampling and analysis program for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks; and
(2) For conformance with the tier II hydrogen chloride and for chlorine emission rate screening limits under subdivision b of subsection 2 of section 33-24-05-532 and the tier III hydrogen chloride and chlorine controls under subsection 3 of section 33-24-05-532, the permit will specify the following operating requirements:
(a) Maximum emission rate for hydrogen chloride and for chlorine specified as the average emission rate during the trial burn;
(b) Feed rate of total hazardous waste measured and specified as prescribed in subdivision f;
(c) Total feed rate of chlorine and chloride in total feedstreams, measured and specified as prescribed in subdivision f;
(d) Maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in subdivision f;
(e) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
(f) Allowable variation in boiler or industrial furnace system design including any air pollution control system or operating procedures; and
(g) Such other operating requirements as are necessary to ensure that the hydrogen chloride and chlorine standards under subdivision b of subsection 2 or subsection 3 of section 33-24-05-532 are met.
f. Measuring parameters and establishing limits based on trial burn data.
(1) General requirements. As specified in subdivisions b through e, each operating parameter shall be measured, and permit limits on the parameter shall be established, according to either of the following procedures:
(a) Instantaneous limits. A parameter may be measured and recorded on an instantaneous basis (for example, the value that occurs at any time) and the permit limit specified as the time-weighted average during all valid runs of the trial burn; or
(b) Hourly rolling average.
1 The limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows:
a A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each fifteen seconds, and computes and records the average value at least every sixty seconds.
b An hourly rolling average is the arithmetic mean of the sixty most recent one-minute average values recorded by the continuous monitoring system.
2 The permit limit for the parameter shall be established based on trial burn data as the average overall valid test runs of the highest hourly rolling average value for each run.
(2) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (for example, arsenic, beryllium, cadmium, and chromium) and lead may be established either on an hourly rolling average basis as prescribed by paragraph 1 of subdivision f or on (up to) a twenty-four hour rolling average basis. If the owner or operator elects to use an average period from two to twenty-four hours:
(a) The feed rate of each metal shall be limited at any time to ten times the feed rate that would be allowed on an hourly rolling average basis;
(b) The continuous monitor shall meet the following specifications:
1 A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each fifteen seconds, and computes and records the average value at least every sixty seconds;
2 The rolling average for the selected averaging period is defined as the arithmetic mean of one-hour block averages for the averaging period. A one-hour block average is the arithmetic mean of the one-minute averages recorded during the sixty-minute averages recorded during the sixty-minute period beginning at one minute after the beginning of preceding clock hour; and
(c) The permit limit for the feed rate of each metal shall be established based on trial burn data as the average overall valid test runs of the highest hourly rolling average feed rate for each run.
(3) Feed rate limits for metals, total chloride and chlorine, and ash. Feed rate limits for metals, total chlorine and chloride, and ash are established and monitored by knowing the concentration of the substance (for example, metals, chloride and chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these substances, the flow rate of each feedstream must be monitored under the continuous monitoring requirements of paragraphs 1 and 2.
(4) Conduct of trial burn testing.
(a) If compliance with all applicable emissions standards of sections 33-24-05-529 through 33-24-05-532 is not demonstrated simultaneously during a set of test runs, the operating conditions of additional test runs required to demonstrate compliance with remaining emissions standards must be as close as possible to the original operating conditions.
(b) Prior to obtaining test data for purposes of demonstrating compliance with the emissions standards of sections 33-24-05-529 through 33-24-05-532 or establishing limits on operating parameters under this section, the facility must operate under trial burn conditions for a sufficient period to reach steady-state operations. The department may determine, however, that industrial furnaces that recycle collected particulate matter back into the furnace and that comply with an alternative implementation approach for metals under subsection 6 of section 33-24-05-531 need not reach steady-state conditions with respect to the flow of metals in the system prior to beginning compliance testing for metals emissions.
(c) Trial burn data on the level of an operating parameter for which a limit must be established in the permit must be obtained during emission sampling for the pollutant(s) (for example, metals, particulate matter, hydrogen chloride, and chlorine organic compounds) for which the parameter must be established as specified by this subsection.
g. General requirements.
(1) Fugitive emissions. Fugitive emissions must be controlled by:
(a) Keeping the combustion zone totally sealed against fugitive emissions;
(b) Maintaining the combustion zone pressure lower than atmospheric pressure; or
(c) An alternate means of control demonstrated (with part B of the permit application) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.
(2) Automatic waste feed cutoff. A boiler or industrial furnace must be operated with a functioning system that automatically cuts off the hazardous waste feed when operating conditions deviate from those established under this section. The department may limit the number of cutoffs per an operating period on a case-by-case basis. In addition:
(a) The permit limit for (the indicator of) minimum combustion chamber temperature must be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber;
(b) Exhaust gases must be ducted to the air pollution control system operated in accordance with the permit requirements while hazardous waste or hazardous waste residues remain in the combustion chamber; and
(c) Operating parameters for which permit limits are established must continue to be monitored during the cutoff, and the hazardous waste feed shall not be restarted until the levels of those parameters comply with the permit limits. For parameters that may be monitored on an instantaneous basis, the department will establish a minimum period of time after a waste feed cutoff during which the parameter must not exceed the permit limit before the hazardous waste feed may be restarted.
(3) Changes. A boiler or industrial furnace must cease burning hazardous waste when changes in combustion properties, or feed rates of the hazardous waste, other fuels or industrial furnace feedstocks, or changes in the boiler or industrial furnace design or operating conditions deviate from the limits as specified in the permit.
h. Monitoring and inspections.
(1) The owner or operator must monitor and record the following, at a minimum, while burning hazardous waste:
(a) If specified by the permit, feed rates and composition of hazardous waste, other fuels, and industrial furnace feedstocks, and feed rates of ash, metals, and total chloride and chlorine;
(b) If specified by the permit, carbon monoxide, hydrocarbons, and oxygen on a continuous basis at a common point in the boiler or industrial furnace downstream of the combustion zone and prior to release of stack gases to the atmosphere in accordance with operating requirements specified in paragraph 2 of subdivision b. Carbon monoxide, hydrocarbon, and oxygen monitors must be installed, operated, and maintained in accordance with methods specified in appendix XXIV of chapter 33-24-05; and
(c) Upon the request of the department, sampling and analysis of the hazardous waste (and other fuels and industrial furnace feedstocks as appropriate), residues, and exhaust emissions must be conducted to verify that the operating requirements established in the permit achieve the applicable standards of sections 33-24-05-529, 33-24-05-530, 33-24-05-531, and 33-24-05-532.
(2) All monitors shall record data in units corresponding to the permit limit unless otherwise specified in the permit.
(3) The boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, et cetera) must be subjected to thorough visual inspection when it contains hazardous waste, at least daily for leaks, spills, fugitive emissions, and signs of tampering.
(4) The automatic hazardous waste feed cutoff system and associated alarms must be tested at least once every seven days when hazardous waste is burned to verify operability, unless the applicant demonstrates to the department that weekly inspections will unduly restrict or upset operations and that less frequent inspections will be adequate. At a minimum, operational testing must be conducted at least once every thirty days.
(5) These monitoring and inspection data must be recorded and the records must be placed in the operating record required by section 33-24-05-40.
i. Direct transfer to the burner. If hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a storage unit, the owner and operator must comply with section 33-24-05-536.
j. Recordkeeping. The owner or operator must keep in the operating record of the facility all information and data required by this section until closure of the facility.
k. Closure. At closure, the owner or operator must remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the boiler or industrial furnace.
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