Applicability of incinerator requirements

1. Sections 33.1-24-05-144 through 33.1-24-05-159 apply to owners or operators of hazardous waste incinerators, except as section 33.1-24-05-01 provides otherwise. 2. Integration of the maximum achievable control technology standards. a. Except as provided by subdivisions b through d, the standards of sections 33.1-24-05-144 through 33.1-24-05-159 do not apply to a new hazardous waste incineration unit that becomes subject to hazardous waste permit requirements after October 12, 2005, or no longer apply when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the maximum achievable control technology requirements of 40 CFR part 63, subpart EEE by conducting a comprehensive performance test and submitting to the department a notification of compliance under 40 CFR sections 63.1207(j) and 63.1210(d) documenting compliance with the requirements of 40 CFR part 63, subpart EEE. Nevertheless, even after this demonstration of compliance with the maximum achievable control technology standards, hazardous waste permit conditions that were based on the standards of sections 33.1-24-05-01 through 33.1-24-05-190, 33.1-24-05-300 through 33.1-24-05-524, 33.1-24-05-550 through 33.1-24-05-559, and 33.1-24-05-800 through 33.1-24-05-819 will continue to be in effect until they are removed from the permit or the permit is terminated or revoked, unless the permit expressly provides otherwise. b. The maximum achievable control technology standards do not replace the closure requirements of section 33.1-24-05-151 or the applicable requirements of sections 33.1-24-05-01 through 33.1-24-05-88 and sections 33.1-24-05-420 through 33.1-24-05-474. c. The particulate matter standard of subsection 3 of section 33.1-24-05-147 remains in effect for incinerators that elect to comply with the alternative to the particulate matter standard under 40 CFR sections 63.1206(b)(14) and 63.1219(e). d. The following requirements remain in effect for startup, shutdown, and malfunction events if a 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 these events: (1) Subsection 1 of section 33.1-24-05-149 requiring that an incinerator operate in accordance with operating requirements specified in the permit; and (2) Subsection 3 of section 33.1-24-05-149 requiring compliance with emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes. 3. After consideration of the waste analysis included with the permit application, and unless the department finds that the waste will pose a threat to human health or the environment when burned in an incinerator, the department may, on a case-by-case basis, exempt the applicant from some or all of the requirements of sections 33.1-24-05-144 through 33.1-24-05-159, except sections 33.1-24-05-145 and 33.1-24-05-151 if: a. The waste to be burned is hazardous (either listed in or fails the characteristic tests in chapter 33.1-24-02) solely because it is: (1) Ignitable, or corrosive, or both; or (2) Reactive for characteristic other than those in subdivisions d and e of subsection 1 of section 33.1-24-02-13, and will not be burned when other hazardous wastes are present in the combustion zone; and b. The waste contains insignificant concentrations of the hazardous constituents listed in appendix V of chapter 33.1-24-02. 4. The owner or operator of an incinerator may conduct trial burns subject only to the requirements of subsection 2 of section 33.1-24-06-19. 5. If the waste to be burned is one which is described by subdivision a, b, c, or d of subsection 2 and contains insignificant concentrations of the hazardous constituents listed in appendix V of chapter 33.1-24-02, then the department may, in establishing permit conditions, exempt the applicant from all requirements of sections 33.1-24-05-144 through 33.1-24-05-159, except sections 33.1-24-05-145 (waste analysis) and 33.1-24-05-151 (closure), after consideration of the waste analysis included in the permit application, unless the department finds that the waste will pose a threat to human health and the environment when burned in an incinerator.