reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-05 - Incorporation by reference

Current through Supplement No. 393, July, 2024
1. When used
				in this article, the publications listed in this section are incorporated by
				reference. Copies may be inspected at the library, United States environmental
				protection agency, 1200 Pennsylvania Avenue NW (3403T), Washington, D.C. 20460,
				libraryhq@epa.gov ; or at the national archives and records administration. For
				information on the availability of this material at the national archives and
				records administration, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
2. The following materials are
				available for purchase from the American society for testing and materials, 100
				Barr Harbor Drive, P. O. Box C700, West Conshohocken, Pennsylvania 194282959:
a. ASTM D93-79 or D93-80, "Standard Test
				Methods for Flash Point by Pensky-Martens Closed Cup Tester".
b. ASTM D1946-82, "Standard Method for
				Analysis of Reformed Gas by Gas Chromatography".
c. ASTM D2267-88, "Standard Test Method for
				Aromatics in Light Naphthas and Aviation Gasolines by Gas
				Chromatography".
d. ASTM D2382-83,
				"Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb
				Calorimeter (High-Precision Method)".
e. ASTM D2879-92, "Standard Test Method for
				Vapor Pressure -Temperature Relationship and Initial Decomposition Temperature
				of Liquids by Isoteniscope".
f.
				ASTM D3278-78, "Standard Test Methods for Flash Point for Liquids by Setaflash
				Closed Tester".
g. ASTM E168-88,
				"Standard Practices for General Techniques of Infrared Quantitative
				Analysis".
h. ASTM E169-87,
				"Standard Practices for General Techniques of Ultraviolet-Visible Quantitative
				Analysis".
i. ASTM E260-85,
				"Standard Practice for Packed Column Gas Chromatography".
j. ASTM E926-88, "Standard Test Methods for
				Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals", Test
				Method C - Bomb, Acid Digestion Method.
k. ASTM D6450-99, "Standard Test Method for
				Flash Point by Continuously Closed Cup Tester".
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-06 - General rulemaking petitions

Current through Supplement No. 393, July, 2024
1. Any person may
				petition the department to modify or revoke any provisions in chapters
				33.1-24-01 through 33.1-24-05. This section sets forth general requirements
				which apply to all such petitions. Section
				33.1-24-01-07 sets forth
				additional requirements for petitions to add a testing or analytical method to
				33.1-24-02 or 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, or subsection 5
				of section
				33.1-24-06-16. Section
				33.1-24-01-08 sets forth
				additional requirements for petitions to exclude a waste or waste-derived
				material at a particular facility from section
				33.1-24-02-03 or the lists of
				hazardous wastes in sections
				33.1-24-02-15 through
				33.1-24-02-19. Section
				33.1-24-01-08 sets forth
				additional requirements for petitions to amend sections
				33.1-24-05-700 through
				33.1-24-05-799 to include
				additional hazardous wastes or categories of hazardous waste as universal
				waste.
2. Each petition must be
				submitted to the department by certified mail and must include:
a. The petitioner's name and
				address;
b. A statement of the
				petitioner's interest in the proposed action;
c. A description of the proposed action,
				including (where appropriate) suggested regulatory language; and
d. A statement of the need and justification
				for the proposed action, including any supporting tests, studies, or other
				information.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-07 - Petitions for equivalent testing or analytical methods

Current through Supplement No. 393, July, 2024
1. Any person
				seeking to add a testing or analytical method to chapter 33.1-24-02 or
				33.1-24-05 may petition for a regulatory amendment to this section and section
				33.1-24-01-06. To be successful,
				the person must demonstrate to the satisfaction of the department the proposed
				method is equal to or superior to the corresponding method prescribed in
				33.1-24-02 or 33.1-24-05, in terms of its sensitivity, accuracy, and precision,
				i.e., reproducibility.
2. Each
				petition must include, in addition to the information required by section
				33.1-24-01-06:
a. A full description of the proposed method,
				including all procedural steps and equipment used in the method;
b. A description of the types of wastes or
				waste matrices for which the proposed method may be used;
c. Comparative results obtained from using
				the proposed method with those obtained from using the relevant or
				corresponding methods prescribed in 33.1-24-02 or 33.1-24-05;
d. An assessment of any factors which may
				interfere with, or limit the use of, the proposed method; and
e. A description of the quality control
				procedures necessary to ensure the sensitivity, accuracy, and precision of the
				proposed method.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-08 - Petitions to amend chapter 33-24-02 to exclude a waste produced at a particular facility and amend chapter 33-24-05 to include additional hazardous waste or wastes as universal waste

Current through Supplement No. 393, July, 2024
1. Any person
				seeking to exclude a waste at a particular generating facility from the lists
				in sections
				33.1-24-02-15 through
				33.1-24-02-19 may petition for a
				regulatory amendment under this section and section
				33.1-24-01-06. To be successful:
a. The petitioner must demonstrate to the
				satisfaction of the department the waste produced by a particular generating
				facility does not meet any of the criteria under which the waste was listed as
				a hazardous or an acutely hazardous waste; and
b. Based on a complete application, the
				department must determine, where it has a reasonable basis to believe that
				factors (including additional constituents) other than those for which the
				waste was listed could cause the waste to be a hazardous waste, that such
				factors do not warrant retaining the waste as a hazardous waste. A waste which
				is so excluded; however, still may be a hazardous waste by operation of
				sections
				33.1-24-02-10 through
				33.1-24-02-14.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-09 - Nonwaste determinations and variances from classification as a solid waste

Current through Supplement No. 393, July, 2024
In accordance with the standards and criteria in sections
				  33.1-24-01-10 and 33.1-24-01-17 and the procedures in section 33.1-24-01-12,
				  the department may determine on a case-by-case basis the following recycled
				  materials are not solid wastes:
1.
				Materials that are accumulated speculatively without sufficient amounts being
				recycled (as defined in subdivision h of subsection 3 of section
				33.1-24-02-01);
2. Materials that
				are reclaimed and then reused within the original production process in which
				they were generated;
3. Materials
				that have been reclaimed but must be reclaimed further before the materials are
				completely recovered;
4. Hazardous
				secondary materials that are reclaimed in a continuous industrial
				process;
5. Hazardous secondary
				materials that are indistinguishable in all relevant aspects from a product or
				intermediate.
General Authority:
NDCC 23.1-04-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L.
					 2017, ch. 199,
					 §
												19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-10 - Standards and criteria for variances from classification as a solid waste

Current through Supplement No. 393, July, 2024
1. The department
				may grant requests for a variance from classifying as a solid waste those
				materials that are accumulated speculatively without sufficient amounts being
				recycled if the applicant demonstrates that sufficient amounts of the material
				will be recycled or transferred for recycling in the following year. If a
				variance is granted, it is valid only for the following year, but can be
				renewed, on an annual basis, by filing a new application. The department's
				decision will be based on the following criteria:
a. The manner in which the material is
				expected to be recycled, when the material is expected to be recycled, and
				whether this expected disposition is likely to occur (for example, because of
				past practice, market factors, the nature of the material, or contractual
				arrangements for recycling);
b. The
				reason the applicant has accumulated the material for one or more years without
				recycling seventy-five percent of the volume accumulated at the beginning of
				the year;
c. The quantity of
				material already accumulated and the quantity expected to be generated and
				accumulated before the material is recycled;
d. The extent to which the material is
				handled to minimize loss; and
e.
				Other relevant factors.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-11 - Variance to be classified as a boiler

Current through Supplement No. 393, July, 2024
In accordance with the standards and criteria in section
				  33.1-24-01-04 (definition of
				  "boiler"), and the procedures in section
				  33.1-24-01-12, the department
				  may determine on a case-by-case basis that certain enclosed devices using
				  controlled flame combustion are boilers, even though they do not otherwise meet
				  the definition of boiler contained in section
				  33.1-24-01-04, after considering
				  the following criteria:
1. The extent
				to which the unit has provisions for recovering and exporting thermal energy in
				the form of steam, heated fluids, or heated gases;
2. The extent to which the combustion chamber
				and energy recovery equipment are of integral design;
3. The efficiency of energy recovery,
				calculated in terms of the recovered energy compared with the thermal value of
				the fuel;
4. The extent to which
				exported energy is utilized;
5. The
				extent to which the device is in common and customary use as a "boiler"
				functioning primarily to produce a steam, heated fluids, or heated gases;
				and
6. Other factors, as
				appropriate.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-12 - Procedures for variances from classification as a solid waste , for variances to be classified as a boiler or for nonwaste determinations

Current through Supplement No. 393, July, 2024
The department will use the following procedures in
				  evaluating applications for variances from classification as a solid waste or
				  applications to classify particular enclosed flame combustion devices as
				  boilers or applications for nonwaste determinations:
1. The applicant must apply to the department
				for the variance or nonwaste determination. The application must address the
				relevant criteria contained in section
				33.1-24-01-10,
				33.1-24-01-11 or
				33.1-24-01-17, as
				applicable.
2. The department will
				evaluate the application and issue a draft notice tentatively granting or
				denying the application. Notification of this tentative decision will be
				provided by newspaper advertisement or radio broadcast in the locality where
				the recycler is located. The department will accept comments on the tentative
				decision for thirty days, and may also hold a public hearing upon request or at
				the department's discretion. The department will issue a final decision after
				receipt of comments and after the hearing, if any.
3. In the event of a change in circumstances
				that affects how a hazardous secondary material meets the relevant criteria
				contained in section
				33.1-24-01-10,
				33.1-24-01-11, or
				33.1-24-01-17 upon which a
				variance or nonwaste determination has been based, the applicant shall send a
				description of the change in circumstances to the department. The department
				may issue a determination that the hazardous secondary material continues to
				meet the relevant criteria of the variance or nonwaste determination or may
				require the facility to reapply for the variance or nonwaste
				determination.
4. Variances and
				nonwaste determination are effective for a fixed term not to exceed ten years.
				No later than six months prior to the end of this term, facilities must reapply
				for a variance or nonwaste determination. If a facility reapplies for a
				variance or nonwaste determination within six months, the facility may continue
				to operate under an expired variance or nonwaste determination until receiving
				a decision on the facility's reapplication from the department.
5. Facilities receiving a variance or
				nonwaste determination must provide notification as required by section
				33.1-24-01-18.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-13 - Additional regulation of certain hazardous waste recycling activities on a case-by-case basis

Current through Supplement No. 393, July, 2024
The department may decide on a case-by-case basis that
				  persons accumulating or storing the recyclable materials described in paragraph
				  3 of subdivision b of subsection 1 of section
				  33.1-24-02-06 should be
				  regulated under subsections 2 and 3 of section
				  33.1-24-02-06. The basis for
				  this decision is that the materials are being accumulated or stored in a manner
				  that does not protect human health and the environment because the materials or
				  their toxic constituents have not been adequately contained, or because the
				  materials being accumulated or stored together are incompatible. In making this
				  decision, the department will consider the following factors:
1. The types of materials accumulated or
				stored and the amounts accumulated or stored;
2. The method of accumulation or
				storage;
3. The length of time the
				materials have been accumulated or stored before being reclaimed;
4. Whether any contaminants are being
				released into the environment or are likely to be so released; and
5. Other relevant factors. The procedures for
				this decision are set forth in section
				33.1-24-01-14 of this
				chapter.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-14 - Procedures for case-by-case regulation of hazardous waste recycling activities

Current through Supplement No. 393, July, 2024
The department will use the following procedures when
				  determining whether to regulate hazardous waste recycling activities described
				  in paragraph 3 of subdivision b of subsection 1 of section
				  33.1-24-02-06 under the
				  provisions of subsections 2 and 3 of section
				  33.1-24-02-06 rather than under
				  the provisions of section
				  33.1-24-05-230:
1. If a generator is accumulating the waste,
				the department will issue a notice setting forth the factual basis for the
				decision and stating that the person must comply with the applicable
				requirements of 33.1-24-03. The notice will become final within thirty days,
				unless the person served requests a public hearing to challenge the decision.
				Upon receiving such a request, the department will hold a public meeting and
				will provide notice of the hearing to the public and allow public participation
				at the hearing. The department will issue a final order after the hearing
				stating whether or not compliance with 33.1-24-03 is required. The order
				becomes effective thirty days after serving the decision unless the department
				specifies a later date or unless review by the department is requested. The
				order may be appealed to the department by any person who participated in the
				public hearing. The department may choose to grant or to deny the appeal. Final
				department action occurs when a final order is issued and department review
				procedures are exhausted.
2. If the
				person is accumulating the recyclable materials at a storage facility, the
				notice will state that the person must obtain a permit in accordance with all
				applicable provisions of 33.1-24-06 and 33.1-24-07. The owner or operator of
				the facility must apply for a permit within no less than sixty days and no more
				than six months of notice, as specified in the notice. If the owner or operator
				of the facility wishes to challenge the department's decision, the owner or
				operator may do so in his or her permit application, in a public hearing held
				on the draft permit, or in comments filed on the draft permit, or on the notice
				of intent to deny the permit. The fact sheet accompanying the permit will
				specify the reasons for the department's determination. The question whether
				the department's decision was proper will remain open for consideration during
				the public comment period discussed under 33.1-24-07 and in any subsequent
				hearing.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-15 - Variances

Current through Supplement No. 393, July, 2024
The department may, on a case-by-case basis, grant a variance
				  from this article upon such conditions and within such time limitations as it
				  may prescribe provided it is no less stringent than the federal regulations, 40
				  CFR parts 260 through 281.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-16 - Availability of information

Current through Supplement No. 393, July, 2024
All records related to this article not specifically
				  protected by state or federal law must be made available to the public in
				  accordance with the following provisions:
1.
Definitions.
For the purposes
				of this article:
a. "Record" means any
				document, writing, photograph, sound or magnetic recording, drawing, or other
				similar thing by which information has been preserved, from which the
				information can be retrieved and copied, and which is, was, or is alleged to be
				possessed by the department. The term includes informal writings (such as
				drafts and the like) and also includes information preserved in a form which
				must be translated or deciphered by machine in order to be intelligible to
				humans. The term includes documents and the like which were created or acquired
				by the department, its predecessors, its officers, and its employees by use of
				state funds or in the course of transacting official business. However, the
				term does not include materials which are legally owned by a department officer
				or employee in that person's purely personal capacity. Nor does the term
				include materials published by nonstate organizations which are readily
				available to the public, such as books, journals, and periodicals available
				through reference libraries, even if such materials are in the department's
				possession.
b. "Request" means a
				request to inspect or obtain a copy of one or more records.
c. "Requester" means any person who has
				submitted a request to the department.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-17 - Standards and criteria for nonwaste determinations

Current through Supplement No. 393, July, 2024
1. An applicant may
				apply to the department for a formal determination that a hazardous secondary
				material is not discarded and therefore not a solid waste. The determinations
				will be based on the criteria contained in subsections 2 or 3, as applicable.
				If an application is denied, the hazardous secondary material might still be
				eligible for a solid waste variance or exclusion (for example, one of the solid
				waste variances under section
				33.1-24-01-10).
2. The department may grant a nonwaste
				determination for hazardous secondary material which is reclaimed in a
				continuous industrial process if the applicant demonstrates that the hazardous
				secondary material is a part of the production process and is not discarded.
				The determination will be based on whether the hazardous secondary material is
				legitimately recycled as specified in section
				33.1-24-01-19, and on the
				following criteria:
a. The extent that the
				management of the hazardous secondary material is part of the continuous
				primary production process and is not waste treatment;
b. Whether the capacity of the production
				process would use the hazardous secondary material in a reasonable timeframe
				and ensure that the hazardous secondary material will not be abandoned (for
				example, based on past practices, market factors, the nature of the hazardous
				secondary material, or any contractual arrangements);
c. Whether the hazardous constituents in the
				hazardous secondary material are reclaimed rather than released to the air,
				water, or land at significantly higher levels from either a statistical, or
				from a health and environmental risk perspective than would otherwise be
				released by the production process; and
d. Other relevant factors that demonstrate
				the hazardous secondary material is not discarded including why the hazardous
				secondary material cannot meet, or should not have to meet, the conditions of
				an exclusion under section
				33.1-24-02-02 or
				33.1-24-02-04.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-18 - Notification requirements for hazardous secondary materials

Current through Supplement No. 393, July, 2024
1. Facilities
				managing hazardous secondary materials under section
				33.1-24-01-09, subdivision x, y,
				or z of subsection 1 of section
				33.1-24-02-04, must send a
				notification prior to operating under the regulatory provision and by March
				first of each even-numbered year thereafter, to the department using
				department-approved forms that include the following information:
a. The name, address, and identification
				number (if applicable) of the facility;
b. The name and telephone number of a contact
				person;
c. The North American
				industry classification system code of the facility;
d. The regulation under which the hazardous
				secondary materials will be managed;
e. When the facility began or expects to
				begin managing the hazardous secondary materials in accordance with the
				regulation;
f. A list of hazardous
				secondary materials that will be managed according to the regulation (reported
				as the hazardous waste numbers that would apply if the hazardous secondary
				materials were managed as hazardous wastes);
g. For each hazardous secondary material,
				whether the hazardous secondary material, or any portion thereof, will be
				managed in a land-based unit;
h.
				The quantity of each hazardous secondary material to be managed annually;
				and
i. The certification (included
				in the department-approved form) signed and dated by an authorized
				representative of the facility.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-19 - Legitimate recycling of hazardous secondary materials

Current through Supplement No. 393, July, 2024
1. Recycling of
				hazardous secondary materials for the purpose of the exclusions or exemptions
				from the hazardous waste rules must be legitimate. Hazardous secondary material
				that is not legitimately recycled is discarded material and is a solid waste.
				In determining if their recycling is legitimate, persons must address all the
				requirements of this subsection.
a.
				Legitimate recycling must involve a hazardous secondary material that provides
				a useful contribution to the recycling process or to a product or intermediate
				of the recycling process. The hazardous secondary material provides a useful
				contribution if it:
(1) Contributes valuable
				ingredients to a product or intermediate;
(2) Replaces a catalyst or carrier in the
				recycling process;
(3) Is the
				source of a valuable constituent recovered in the recycling process;
(4) Is recovered or regenerated by the
				recycling process; or
(5) Is used
				as an effective substitute for a commercial product.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-01 - Purpose and scope

Current through Supplement No. 393, July, 2024
1. This chapter
				identifies those solid wastes which are subject to regulation as hazardous
				wastes and which are subject to the notification requirements. In this chapter:
a. Sections 33.1-24-02-01 through
				33.1-24-02-07 define the terms "solid waste" and "hazardous waste", identify
				those wastes which were excluded from regulation under chapters 33.1-24-03
				through 33.1-24-07, and establish special management requirements for hazardous
				waste produced by very small quantity generators and hazardous waste which is
				recycled.
b. Sections 33.1-24-02-08
				and 33.1-24-02-09 set forth the criteria used to identify characteristics of
				hazardous waste and to list particular hazardous waste.
c. Sections 33.1-24-02-10 through
				33.1-24-02-14 identify characteristics of hazardous waste.
d. Sections 33.1-24-02-15 through
				33.1-24-02-19 list particular hazardous wastes.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-02 - Definition of solid waste

Current through Supplement No. 393, July, 2024
1. A solid waste
				is:
a. Any discarded material that is not
				excluded by subsection 1 of section
				33.1-24-02-04 or that is not
				excluded by variance granted under sections
				33.1-24-01-09 and
				33.1-24-01-10 or that is not
				excluded by a nonwaste determination under sections
				33.1-24-01-09 and
				33.1-24-01-17.
b. A discarded material is any material which
				is:
(1) Abandoned, as explained in subsection
				2;
(2) Recycled, as explained in
				subsection 3;
(3) Considered
				inherently wastelike, as explained in subsection 4; or
(4) A military munition identified as a solid
				waste in section
				33.1-24-05-822.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-05

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L.
					 2017, ch. 199,
					 §
												19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-07 - Residues of hazardous wastes in empty containers

Current through Supplement No. 393, July, 2024
1. Any hazardous waste remaining in either an
				empty container or an inner liner removed from an empty container, as defined
				in subsections 3, 4, and 5, is not subject to regulation under
				chapters
				33.1-24-02 through
				33.1-24-07 or to the
				notification requirements of section
				33.1-24-03-03.
2. Any hazardous waste in either a container
				that is not empty or an inner liner removed from a container that is not empty,
				as defined in subsections 3, 4, and 5, is subject to regulation under
				33.1-24-02 through
				33.1-24-07 and to the
				notification requirements of section
				33.1-24-03-03.
3. A container or an inner liner removed from
				a container that has held any hazardous waste, except a waste that is a
				compressed gas or that is identified as an acute hazardous waste listed in
				section
				33.1-24-02-16,
				or subsection 5 of section
				33.1-24-02-18,
				is empty if:
a. All wastes have been removed
				that can be removed using the practices commonly employed to remove materials
				from that type of container, for example, pouring, pumping, and aspirating;
				and
b. One of the following:
(1) No more than two and one-half centimeters
				[1 inch] of residue remain on the bottom of the container or inner
				liner;
(2) No more than three
				percent by weight of the total capacity of the container remains in the
				container or inner liner if the container is less than or equal to one hundred
				nineteen gallons in size; or
(3) No
				more than three-tenths of one percent by weight of the total capacity of the
				container remains in the container or inner liner if the container is greater
				than one hundred nineteen gallons in size.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-08 - Criteria for identifying the characteristics of hazardous waste

Current through Supplement No. 393, July, 2024
The department shall identify and define a characteristic of
				  hazardous waste in this chapter only upon determining that:
1. A solid waste that exhibits the
				characteristic may:
a. Cause, or
				significantly contribute to, an increase in mortality or an increase in serious
				irreversible, or incapacitating reversible, illness; or
b. Pose a substantial present or potential
				hazard to human health or the environment when it is improperly treated,
				stored, transported, disposed of, or otherwise managed; and
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-09 - Criteria for listing hazardous waste

Current through Supplement No. 393, July, 2024
1.
				The department shall list a solid waste as a hazardous waste only upon
				determining that the solid waste meets one of the following criteria:
a. It exhibits any of the characteristics of
				hazardous waste identified in this chapter.
b. It has been found to be fatal to humans in
				low doses or, in the absence of data on humantoxicity, it has been shown in
				studies to have an oral LD 50 toxicity (rat) of less than fifty milligrams per
				kilogram, and inhalation LC 50 toxicity (rat) of less than two milligrams per
				liter, or a dermal LD 50 toxicity (rabbit) of less than two hundred milligrams
				per kilogram or is otherwise capable of causing or significantly contributing
				to an increase in serious irreversible, or incapacitating reversible, illness.
				(Waste listed in accordance with these criteria will be designated acute
				hazardous waste.)
c. It contains
				any of the toxic constituents listed in appendix V and, after considering the
				following factors, the department concludes that the waste is not capable of
				posing a substantial present or potential hazard to human health or the
				environment when improperly treated, stored, transported, or disposed of or
				otherwise managed:
(1) The nature of the
				toxicity presented by the constituent;
(2) The concentration of the constituent in
				the waste;
(3) The potential of the
				constituent or any toxic degradation product of the constituent to migrate from
				the waste into the environment under the types of improper management
				considered in paragraph 7;
(4) The
				persistence of the constituent or any toxic degradation product of the
				constituent;
(5) The potential for
				the constituent or any toxic degradation product of the constituent to degrade
				into nonharmful constituents and the rate of degradation;
(6) The degree to which the constituent or
				any degradation product of the constituent bioaccumulates in
				ecosystems;
(7) The plausible types
				of improper management to which the waste could be subjected;
(8) The quantities of the waste generated at
				individual generation sites or on a statewide basis;
(9) The nature and severity of the human
				health and environmental damage that has occurred as a result of the improper
				management of wastes containing the constituent;
(10) Action taken by other governmental
				agencies or regulatory programs based on the health or environmental hazard
				posed by the waste or waste constituent; and
(11) Such other factors as may be
				appropriate.
Substances will be listed on appendix V only if they have
				  been shown in scientific studies to have toxic, carcinogenic, mutagenic, or
				  teratogenic effects on human or other life forms. (Wastes listed in accordance
				  with these criteria will be designated toxic wastes.)
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-10 - General characteristics of hazardous waste

Current through Supplement No. 393, July, 2024
1. A solid waste,
				as defined in section
				33.1-24-02-02, which is not
				excluded from regulation as a hazardous waste under subsection 2 of section
				33.1-24-02-04 is a hazardous
				waste if it exhibits any of the characteristics identified in this chapter.
				[Comment: Section
				33.1-24-03-02 sets forth the
				generator's responsibility to determine whether the generator's waste exhibits
				one or more of the characteristics identified in this chapter.]
2. A hazardous waste which is identified by a
				characteristic in sections 33.1-24-02-10 through
				33.1-24-02-14 is assigned every
				hazardous waste number that is applicable as set forth in this chapter. This
				number must be used in complying with the notification requirements and all
				applicable recordkeeping and reporting requirements under 33.1-24-03 through
				33.1-24-06.
3. For purposes of
				sections 33.1-24-02-10 through
				33.1-24-02-14, the department
				will consider a sample obtained using any of the applicable sampling methods
				specified in appendix I to be a representative sample within the meaning of
				33.1-24-01.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-12 - Characteristic of corrosivity

Current through Supplement No. 393, July, 2024
1. A solid waste
				exhibits the characteristic of corrosivity if a representative sample of the
				waste has either of the following properties:
a. It is aqueous and has a pH less than or equal to two or greater
				than or equal to twelve and five-tenths, as determined by a pH meter, using
				method 9040C in "Test Methods for Evaluating Solid Waste, Physical/Chemical
				Methods", environmental protection agency publication SW-846, as incorporated
				by reference in section
				33.1-24-01-05.
b. It is a liquid and corrodes steel (SAE
				1020) at a rate greater than six and thirty-five-hundredths millimeters [0.250
				inch] per year at a test temperature of fifty-five degrees Celsius [130 degrees
				Fahrenheit] as determined by the method 1110A in "Test Methods for Evaluating
				Solid Waste, Physical/Chemical Methods", environmental protection agency
				publication SW-846, and as incorporated by reference in section
				33.1-24-01-05.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-13 - Characteristic of reactivity

Current through Supplement No. 393, July, 2024
1. A solid waste
				exhibits the characteristic of reactivity if a representative sample of the
				waste has any of the following properties:
a.
				It is normally unstable and readily undergoes violent change without
				detonating.
b. It reacts violently
				with water.
c. It forms potentially
				explosive mixtures with water.
d.
				When mixed with water, it generates toxic gases, vapors, or fumes in a quantity
				sufficient to present a danger to human health or the environment.
e. It is a cyanide-bearing or sulfide-bearing
				waste which, when exposed to pH conditions between two and twelve and
				five-tenths, can generate toxic gases, vapors, or fumes in a quantity
				sufficient to present a danger to human health or the environment.
f. It is capable of detonation or explosive
				reaction if it is subjected to a strong initiating source or if heated under
				confinement.
g. It is readily
				capable of detonation or explosive decomposition or reaction at standard
				temperature and pressure.
h. It is
				a forbidden explosive as defined in
				49 CFR
				173.54, or is a division 1.1, 1.2, or 1.3
				explosive as defined in
				49 CFR 173.50
				and
				173.53.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-15 - Lists of hazardous wastes

Current through Supplement No. 393, July, 2024
1. A solid
				waste is a hazardous waste if it is listed in sections 33.1-24-02-15 through
				33.1-24-02-19,
				unless it has been excluded from these lists under section
				33.1-24-01-06
				or
				33.1-24-01-08.
2. The department will indicate its basis for
				listing the classes or types of wastes listed in sections 33.1-24-02-15 through
				33.1-24-02-19
				by employing one or more of the following hazard codes:
Waste Type
Waste Hazard Code
Ignitable waste
(I)
Corrosive waste
(C)
Reactive waste
(R)
Toxicity characteristic waste
(E)
Acute hazardous waste
(H)
Toxic waste
(T)
Appendix IV identifies the constituent which caused the waste
				  to be listed as a toxicity characteristic waste (E) or toxic wastes (T) in
				  sections
				  33.1-24-02-16
				  and
				  33.1-24-02-17.
3. Each hazardous waste listed in
				sections 33.1-24-02-15 through
				33.1-24-02-19
				is assigned a hazardous waste number which precedes the name of the waste. The
				number must be used in complying with the notification requirements and certain
				recordkeeping and reporting requirements under
				33.1-24-03 through
				33.1-24-06.
4. The following hazardous wastes listed in
				section
				33.1-24-02-16
				are subject to the exclusion limits for acutely hazardous wastes established in
				section
				33.1-24-03-26:
				hazardous waste numbers F020, F021, F022, F023, F026, and F027.
General Authority:
NDCC 23.1-04-03
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-19 - Deletion of certain hazardous waste codes following equipment cleaning and replacement

Current through Supplement No. 393, July, 2024
1. Wastes from wood
				preserving processes at plants that do not resume or initiate use of
				chlorophenolic preservatives will not meet the listing definition of F032 once
				the generator has met all the requirements of subsections 2 and 3. These wastes
				may, however, continue to meet another hazardous waste listing description or
				may exhibit one or more of the hazardous waste characteristics.
2. Generators must either clean or replace
				all process equipment that may have come into contact with chlorophenolic
				formulations or constituents thereof, including treatment cylinders, sumps,
				tanks, piping systems, drip pads, forklifts, and trams, in a manner that
				minimizes or eliminates the escape of hazardous waste or constituents,
				leachate, contaminated drippage, or hazardous waste decomposition products to
				the ground water, surface water, or atmosphere.
a. Generators shall do one of the following:
(1) Prepare and follow an equipment cleaning
				plan and clean equipment in accordance with this section;
(2) Prepare and follow an equipment
				replacement plan and replace equipment in accordance with this section;
				or
(3) Document cleaning and
				replacement in accordance with this section, carried out after termination of
				use of chlorophenolic preservatives.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-25 - Conditional exclusion for used, broken cathode ray tubes and processed cathode ray tube glass undergoing recycling

Current through Supplement No. 393, July, 2024
Used, broken cathode ray tubes are not solid wastes if they
				  meet the following conditions:
1.
				Prior to processing. These materials are not solid wastes if they are destined
				for recycling and if they meet the following requirements:
a. Storage. The broken cathode ray tubes must
				be either:
(1) Stored in a building with a
				roof, floor, and walls; or
(2)
				Placed in a container (for example, a package or a vehicle) that is
				constructed, filled, and closed to minimize releases to the environment of
				cathode ray tube glass (including fine solid materials).
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-26 - Conditional exclusion for used, intact cathode ray tubes exported for recycling

Current through Supplement No. 393, July, 2024
Used, intact cathode ray tubes exported for recycling are not
				  solid wastes if they meet the notice and consent conditions of subdivision e of
				  subsection 1 of section
				  33.1-24-02-25, and if they are
				  not speculatively accumulated as defined in subdivision h of subsection 3 of
				  section 33.1-24-02-01.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-27 - Notification and recordkeeping for used, intact cathode ray tubes exported for reuse

Current through Supplement No. 393, July, 2024
1. Cathode ray tube
				exporters who export used, intact cathode ray tubes for reuse shall send a
				notification to the department and the environmental protection agency. This
				notification may cover export activities extending over a twelve month or
				lesser period.
a. The notification must be in
				writing, signed by the exporter, and include the following information:
(1) Name, mailing address, telephone number,
				and identification number (if applicable) of the exporter of the used, intact
				cathode ray tubes;
(2) The
				estimated frequency or rate at which the used, intact cathode ray tubes are to
				be exported for reuse and the period of time over which cathode ray tubes are
				to be exported;
(3) The estimated
				total quantity of used, intact cathode ray tubes specified in
				kilograms;
(4) All points of entry
				to and departure from each transit country through which the used, intact
				cathode ray tubes will pass, a description of the approximate length of time
				the used, intact cathode ray tubes will remain in such country, and the nature
				of cathode ray tubes handling while there;
(5) A description of the means by which each
				shipment of the used, intact cathode ray tubes will be transported (for
				example, mode of transportation vehicle (air, highway, rail, water), type of
				container (for example, drums, boxes, tanks));
(6) The name and address of the ultimate
				destination facility or facilities where the used, intact cathode ray tubes
				will be reused, refurbished, distributed, or sold for reuse and the estimated
				quantity of used, intact cathode ray tubes to be sent to each facility, as well
				as the name of any alternate destination facility or facilities;
(7) A description of the manner in which the
				used, intact cathode ray tubes will be reused (including reuse after
				refurbishment) in the foreign country that will be receiving the used, intact
				cathode ray tubes; and
(8) A
				certification signed by the cathode ray tube exporter which states:
I certify under penalty of law that the cathode ray tubes
				  described in this notice are intact and fully functioning or capable of being
				  functional after refurbishment and that the used cathode ray tubes will be
				  reused or refurbished and reused. I certify under penalty of law that I have
				  personally examined and am familiar with the information submitted in this and
				  all attached documents and that, based on my inquiry of those individuals
				  immediately responsible for obtaining the information, I believe that the
				  submitted information is true, accurate, and complete. I am aware that there
				  are significant penalties for submitting false information, including the
				  possibility of fine and imprisonment.