Performance standards

An incinerator burning hazardous waste must be designed, constructed, and maintained so that when operated in accordance with operating requirements specified under section 33.1-24-05-149 it will meet the following performance standards: 1. a. Except as provided in subdivision b, an incinerator burning hazardous waste must achieve a destruction and removal efficiency of ninety-nine and ninety-nine one hundredths percent for each principal organic hazardous constituent designated (under section 33.1-24-05-146) in its permit for each waste feed. The destruction and removal efficiency is determined for each principal organic hazardous constituent from the following equation: where: Win = mass feed rate of one principal organic constituent in the waste stream feeding the incinerator, and Wout = mass emission rate of the same principal organic hazardous constituent present in exhaust emissions prior to release to the atmosphere. b. An incinerator burning wastes F020, F021, F022, F023, F026, or F027 must achieve a destruction and removal efficiency of ninety-nine and nine thousand nine hundred and ninety-nine ten thousandths percent for each principal organic hazardous constituent designated (under section 33.1-24-05-146) in its permit. This performance must be demonstrated on principal organic hazardous constituents that are more difficult to incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. Destruction and removal efficiency is determined for each principal organic hazardous constituent from the equation in subdivision a. 2. An incinerator burning hazardous waste and producing stack emissions of more than one and eight-tenths kilograms per hour [4 pounds per hour] of hydrogen chloride must control hydrogen chloride emissions such that the rate of emission is no greater than the larger of either one and eight-tenths kilograms per hour or one percent of the hydrogen chloride in the stack gas prior to entering any pollution control equipment. 3. An incinerator burning hazardous waste must not emit particulate matter in excess of one hundred eighty milligrams per dry standard cubic meter [0.08 grains per dry standard cubic foot] when corrected for the amount of oxygen in the stack gas according to the formula: where: PC = the corrected concentration of particulate matter, PM = the measured concentration of particulate matter, and Y = the measured concentration of oxygen in the stack gas using the Orsat method for oxygen analysis of dry flue gas presented in 40 CFR, part 60, appendix A (method 3) of the federal air pollution control regulations. This correction procedure is to be used by all hazardous waste incinerators except those operating under conditions of oxygen enrichment. For these facilities, the department will select an appropriate correction procedure to be specified in the facility permit. 4. For purposes of permit enforcement, compliance with the operating requirements specified in the permit under section 33.1-24-05-149 will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the performance requirements of this section may be "information" justifying modification, revocation, or reissuance of a permit under section 33.1-24-06-12.