reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-15 - Noncompliance and program reporting by the department

Current through Supplement No. 393, July, 2024
The department shall submit any reports required under this
				  section to the environmental protection agency regional administrator. For
				  purposes of this section only, hazardous waste permittees includes facilities
				  with operating status defined by subsection 5 of section
				  33-24-06-16, when
				  appropriate.
1.
Quarterly
				reports.
The department shall submit quarterly narrative reports for
				major facilities as follows:
a. Format. The
				report must use the following format:
(1) An
				alphabetized list by permittee name. When two or more permittees have the same
				name, the lowest permit number must be entered first.
(2) For each entry on a list, include the
				following information in the following order:
(a) Name, location, and permit number of the
				noncomplying permittee.
(b) A brief
				description and date of each instance of noncompliance for that permittee.
				Instances of noncompliance may include one or more of the kinds set forth in
				subdivision b.
(c) The dates and a
				brief description of the actions taken by the department to ensure
				compliance.
(d) Status of the
				instances of noncompliance with the date of the review of the status or the
				date of resolution.
(e) Any details
				which tend to explain or mitigate the instances of noncompliance.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-16 - Operating status prior to final administrative disposition of the permit application

Current through Supplement No. 393, July, 2024
1.
				[Reserved]
2. [Reserved]
3. [Reserved]
4. [Reserved]
5. During operating status prior to final
				administrative disposition of the permit application, owners or operators shall
				comply with the federal interim status standards, 40 CFR part 265 and subpart G
				of part 270, effective April 17, 2015.
6. Operating status prior to final
				administrative disposition of the permit application terminates when:
a. Final administrative disposition of a
				permit application, except an application for a remedial action plan under
				sections 33-24-06-30 through
				33-24-06-35, is made; or
b. Operating status prior to final
				administrative disposition of the permit application is terminated as provided
				in paragraph 5 of subdivision a of subsection 7 of section
				33-24-06-01.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-18 - Permits by rule

Current through Supplement No. 393, July, 2024
Notwithstanding any other provision of this chapter or
				  chapter 33-24-07, the following are deemed to have a hazardous waste permit if
				  the conditions listed are met:
1.
Injection wells.
The owner or operator of an injection well
				disposing of hazardous waste, if the owner or operator:
a. Has a permit for underground injection
				issued under 40 CFR part 144 or 145;
b. Complies with the conditions of that
				permit and the requirements of section
				33-25-01-18 (requirements for
				wells managing hazardous waste) of 33-25 (underground injection control); and
c. For underground injection
				control permits issued after November 8, 1984:
(1) Complies with section
				33-24-05-58; and
(2) Where the underground injection control
				well is the only unit at a facility which requires a hazardous waste permit,
				complies with subsection 4 of section
				33-24-06-17.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-19 - Special forms of permits

Current through Supplement No. 393, July, 2024
1.
Emergency permits.
Notwithstanding any other provisions of this
				chapter or chapter 33-24-07, 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
				33-24-07-06, 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 33-24-05.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-20 - Research, development, and demonstration permits

Current through Supplement No. 393, July, 2024
1. The department may issue a research,
				development, and demonstration permit for any hazardous waste treatment
				facility which proposes to utilize an innovative and experimental hazardous
				waste treatment technology or process for which permit standards for such
				experimental activity have not been promulgated under sections
				33-24-05-01 through 33-24-05-249,
				33-24-05-300 through
				33-24-05-659, and
				33-24-05-800 through 33-24-05-929.
				Any such permit must include such terms and conditions as will assure
				protection of human health and the environment. Such permits:
a. Must provide for the construction of such
				facilities as necessary, and for operation of a facility for not longer than
				one year unless renewed as provided in subsection 4;
b. Must provide for the receipt and treatment
				by the facility of only those types and quantities of hazardous waste which the
				department deems necessary for purposes of determining the efficacy and
				performance capabilities of the technology or process and the effects of such
				technology on human health and the environment; and
c. Must include such requirements as the
				department deems necessary to protect human health and the environment
				(including, but not limited to, requirements regarding monitoring, operation,
				financial responsibility, closure, and remedial action), and such requirements
				as the department deems necessary regarding testing and providing of
				information to the department with respect to the operation of the
				facility.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-21 - Fees

Current through Supplement No. 393, July, 2024
The department may assess and collect reasonable fees for
				  activities associated with permit applications, and for the issuance,
				  modification, revocation and reissuance, termination, renewal, and transfer of
				  permits.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04, 23-20.3-05,
					 23-20.3-05.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-30 - Remedial action plan - General information

Current through Supplement No. 393, July, 2024
1. General information.
a. A remedial action plan is a special form
				of hazardous waste permit that an owner or operator may obtain, instead of a
				permit issued under sections
				33-24-06-01 through
				33-24-06-15,
				33-24-06-17 through
				33-24-06-18, subsections 1, 2, 3
				and 4 of section
				33-24-06-19 and section
				33-24-06-20, to authorize the
				owner or operator to treat, store, or dispose of hazardous remediation waste
				(as defined in section
				33-24-01-04) at a remediation
				waste management site. A remedial action plan may only be issued for the area
				of contamination where the remediation wastes to be managed under the remedial
				action plan originated, or areas in close proximity to the contaminated area,
				except as allowed in limited circumstances under subsection 1 of section
				33-24-06-35.
b. The requirements in sections
				33-24-06-01 through
				33-24-06-15,
				33-24-06-17,
				33-24-06-18, subsections 1 through
				4 of section 33-24-01-19 and section
				33-24-06-20 do not apply to
				remedial action plans unless those requirements for traditional hazardous waste
				permits are specifically required under sections
				33-24-06-30 through
				33-24-06-35.
c. Notwithstanding any other provision of
				33-24-06 or 33-24-07, any document that meets the requirements in this section
				constitutes a hazardous waste permit under section
				23-20.3-05 of the North Dakota
				Century Code.
d. A remedial action
				plan may be:
(1) A stand-alone document that
				includes only the information and conditions required by sections
				33-24-06-30 through
				33-24-06-35; or
(2) Part or parts of another document that
				includes information or conditions, or both, for other activities at the
				remediation waste management site, in addition to the information and
				conditions required by sections
				33-24-06-30 through
				33-24-06-35.
e. If the owner or operator is treating,
				storing, or disposing of hazardous remediation wastes as part of a cleanup
				compelled by federal or state cleanup authorities, the remedial action plan
				does not affect the owner's or operator's obligations under those authorities
				in any way.
f. If the owner or
				operator receives a remedial action plan at a facility operating under interim
				status, the remedial action plan does not terminate interim status.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-32 - Remedial action plan approval process

Current through Supplement No. 393, July, 2024
1. Completeness and technical review. The
				department will not issue a permit before receiving a complete application for
				a remedial action plan. An application for a remedial action plan is complete
				when the department receives an application form and any supplemental
				information which is completed to the department's satisfaction. The
				completeness of any application for a permit shall be judged independently of
				the status of any other permit application or permit for the same facility or
				activity. An application for a permit is complete notwithstanding the failure
				of the owner or operator to submit the exposure information described in
				subsection 10 of section
				33-24-06-01. The department may
				deny a permit for a remedial action plan before receiving a complete
				application for a permit.
a. If the
				department tentatively finds that a remedial action plan application includes
				all of the information required by subsection 4 of section
				33-24-06-31 and that the proposed
				remediation waste management activities meet the regulatory standards, the
				department may make a tentative decision to approve the remedial action plan
				application. The department will then prepare a draft remedial action plan and
				provide an opportunity for public comment before making a final decision on the
				remedial action plan application, according to sections
				33-24-06-30 through
				33-24-06-35.
b. If the department tentatively finds that
				the remedial action plan application does not include all of the information
				required by subsection 4 of section
				33-24-06-31 or that the proposed
				remediation waste management activities do not meet the regulatory standards,
				the department may request additional information or ask the owner or operator
				to correct deficiencies in the application. If the owner or operator fails or
				refuses to provide any additional information the department requests, or to
				correct any deficiencies in the remedial action plan application, the
				department may make a tentative decision to deny the remedial action plan
				application. After making this tentative decision, the department will prepare
				a notice of intent to deny the remedial action plan application ("notice of
				intent to deny") and provide an opportunity for public comment before making a
				final decision on the remedial action plan application, according to the
				requirements in sections
				33-24-06-30 through
				33-24-06-35. The department may
				deny the remedial action plan application either in its entirety or in
				part.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-34 - Remedial action plan operations

Current through Supplement No. 393, July, 2024
1.
Recordkeeping requirements.
The owner or operator is required to
				keep records of:
a. All data used to complete
				remedial action plan applications and any supplemental information that the
				owner or operator submits for a period of at least three years from the date
				the application is signed; and
b.
				Any operating records and other records the department requires the owner or
				operator to maintain as a condition of the remedial action plan.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-35 - Remedial action plans for offsite locations

Current through Supplement No. 393, July, 2024
For offsite locations:
1. The owner or operator may request a
				remedial action plan for remediation waste management activities at a location
				removed from the area where the remediation wastes originated if the owner or
				operator believes such a location would be more protective than the
				contaminated area or areas in close proximity.
2. If the department determines that an
				alternative location, removed from the area where the remediation waste
				originated, is more protective than managing remediation waste at the area of
				contamination or areas in close proximity, then the department may approve a
				remedial action plan for this alternative location.
3. The owner or operator must request the
				remedial action plan, and the department will approve or deny the remedial
				action plan, according to the procedures and requirements in sections
				33-24-06-30 through
				33-24-06-35.
4. A remedial action plan for an alternative
				location must also meet the following requirements, which the department must
				include in the remedial action plan for such locations:
a. The remedial action plan for the
				alternative location must be issued to the person responsible for the cleanup
				from which the remediation wastes originated;
b. The remedial action plan is subject to the
				expanded public participation requirements in sections
				33-24-07-25 through
				33-24-07-27; and
c. The remedial action plan is subject to the
				public notice requirements in subsection 3 of section
				33-24-07-06.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-45 - Standardized permit - General information

Current through Supplement No. 393, July, 2024
A hazardous waste standardized permit is a special type of
				  permit that authorizes an owner or operator to manage hazardous waste. A
				  standardized permit is issued under sections 33-24-07-40 through 33-24-07-54
				  and sections 33-24-06-45 through 33-24-06-85.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-48 - Eligibility for a standardized permit

Current through Supplement No. 393, July, 2024
1.
				The owner or operator may be eligible for a standardized permit if the
				facility:
a. Generates hazardous waste and
				then stores or nonthermally treats the hazardous waste onsite in containers,
				tanks, or containment buildings; or
b. Receives hazardous waste generated offsite
				by a generator under the same ownership as the receiving facility, and then
				stores or nonthermally treats the hazardous waste in containers, tanks, or
				containment buildings.
c. The
				department will inform the owner or operator of eligibility when a decision is
				made on the permit application.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-52 - Conditions applicable to a standardized permit

Current through Supplement No. 393, July, 2024
The following requirements of chapter 33-24-06 apply to a
				  standardized permit:
1. Sections
				33-24-06-01,
				33-24-06-09,
				33-24-06-10,
				33-24-06-15,
				33-24-01-04, and subdivision a of
				subsection 3 of section
				33-24-01-05.
2. Section
				33-24-06-03, subsection 2 of
				section 33-24-06-13, and subsection 1 of
				section 33-24-06-17, and
				33-24-01-16.
3. Sections
				33-24-06-04,
				33-24-06-05,
				33-24-06-07, and
				33-24-06-08.
4. Sections
				33-24-06-11,
				33-24-06-12, and subsection 1 of
				section 33-24-06-13.
5. Sections
				33-24-06-02 and
				33-24-06-06.
6. Subsection 6 of section
				33-24-06-19.
7. Section
				33-24-06-16.
8. Sections 33-24-06-45 through
				33-24-06-85.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-56 - Standardized permit application process

Current through Supplement No. 393, July, 2024
To apply for a standardized permit, the owner or operator
				  must follow the procedures in sections 33-24-07-40 through 33-24-07-54, and
				  sections 33-24-06-45 through 33-24-06-85.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-57 - Standardized permit application

Current through Supplement No. 393, July, 2024
The information in subsections 1 through 10 will be the basis
				  of the standardized permit application. This information must be submitted to
				  the department when submitting a notice of intent under subsection 2 of section
				  33-24-07-42 requesting coverage under a hazardous waste standardized
				  permit:
1. The part A information
				described in subsection 1 of section
				33-24-06-17.
2. A meeting summary and other materials
				required by section
				33-24-07-25.
3. Documentation of compliance with the
				location standards of section 33-24-05-968.
4. Information that allows the department to
				carry out obligations under other state and federal laws required in section
				33-24-06-09.
5. Solid waste management unit information
				required by subsection 4 of section
				33-24-06-17.
6. A certification meeting the requirements
				of section 33-24-06-62, and an audit of the facility's compliance status with
				sections 33-24-05-950 through 33-24-05-1149 as required by section
				33-24-06-62.
7. A closure plan
				prepared in accordance with sections 33-24-05-1040 through
				33-24-05-1047.
8. The most recent
				closure cost estimate for the facility prepared under section 33-24-05-1062,
				and a copy of the documentation required to demonstrate financial assurance
				under section 33-24-05-1063. For a new facility, the required documentation
				must be compiled sixty days before the initial receipt of hazardous
				wastes.
9. If wastes generated
				offsite are managed, the waste analysis plan.
10. If waste generated from offsite are
				managed, documentation showing that the waste generator and the offsite
				facility are under the same ownership.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-62 - Certification requirements

Current through Supplement No. 393, July, 2024
A signed certification based on an audit of the facility's
				  compliance with sections 33-24-05-950 through 33-24-05-1149 must be
				  submitted.
1. The certification must
				read: I certify under penalty of law that:
a.
				I have personally examined and am familiar with the report containing the
				results of an audit conducted of my facility's compliance status with sections
				33-24-05-950 through 33-24-05-1149, which supports this certification. Based on
				my inquiry of those individuals immediately responsible for conducting the
				audit and preparing the report, I believe that (include paragraph 1 and 2,
				whichever applies):
(1) My existing facility
				complies with all applicable requirements of sections 33-24-05-950 through
				33-24-05-1149 and will continue to comply until the expiration of the permit;
				or
(2) My facility has been
				designed, and will be constructed and operated to comply with all applicable
				requirements of sections 33-24-05-950 through 33-24-05-1149, and will continue
				to comply until expiration of the permit.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-65 - Recordkeeping requirements

Current through Supplement No. 393, July, 2024
The owner or operator must keep the following information at
				  the facility:
1. A general description
				of the facility.
2. Chemical and
				physical analyses of the hazardous waste and hazardous debris handled at the
				facility. At a minimum, these analyses must contain all the information for
				treating or storing the wastes properly under the requirements of sections
				33-24-05-950 through 33-24-05-1149.
3. A copy of the waste analysis plan required
				by subsection 2 of section 33-24-05-963.
4. A description of the security procedures
				and equipment required by section 33-24-05-964.
5. A copy of the general inspection schedule
				required by subsection 2 of section 33-24-05-965. The inspection schedule must
				include applicable requirements of sections 33-24-05-1084, 33-24-05-1103,
				33-24-05-1105,
				33-24-05-403,
				33-24-05-422,
				33-24-05-423,
				33-24-05-428, and
				33-24-05-458.
6. A justification of any modification of the
				preparedness and prevention requirements of sections 33-24-05-980 through
				33-24-05-986.
7. A copy of the
				contingency plan required by sections 33-24-05-990 through
				33-24-05-998.
8. A description of
				procedures, structures, or equipment used at the facility to:
a. Prevent hazards in unloading operations
				(for example, use ramps, special forklifts);
b. Prevent runoff from hazardous waste
				handling areas to other areas of the facility or environment, or to prevent
				flooding (for example, with berms, dikes, trenches);
c. Prevent contamination of water
				supplies;
d. Mitigate effects of
				equipment failure and power outages;
e. Prevent undue exposure of personnel to
				hazardous waste (for example, requiring protective clothing); and
f. Prevent releases to atmosphere.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-70 - Information required for containers

Current through Supplement No. 393, July, 2024
If hazardous waste is stored or treated in containers, the
				  following information must be kept at the facility:
1. A description of the containment system to
				demonstrate compliance with the container storage area provisions of section
				33-24-05-1083. This description must show the following:
a. Basic design parameters, dimensions, and
				materials of construction;
b. How
				the design promotes drainage or how containers are kept from contact with
				standing liquids in the containment system;
c. Capacity of the containment system
				relative to the number and volume of containers to be stored;
d. Provisions for preventing or managing
				run-on; and
e. How accumulated
				liquids can be analyzed and removed to prevent overflow.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-73 - Information required for tanks

Current through Supplement No. 393, July, 2024
If hazardous waste is stored or treated in tanks, the
				  following information must be kept at the facility:
1. A written assessment that is reviewed and
				certified by a qualified professional engineer on the structural integrity and
				suitability for handling hazardous waste of each tank system, as required under
				sections 33-24-05-1101 and 33-24-05-1102.
2. Dimensions and capacity of each
				tank.
3. Description of feed
				systems, safety cutoff, bypass systems, and pressure controls (for example,
				vents).
4. A diagram of piping,
				instrumentation, and process flow for each tank system.
5. A description of materials and equipment
				used to provide external corrosion protection, as required under section
				33-24-05-1101.
6. For new tank
				systems, a detailed description of how the tank systems will be installed in
				compliance with sections 33-24-05-1102 and 33-24-05-1104.
7. Detailed plans and description of how the
				secondary containment system for each tank system is or will be designed,
				constructed, and operated to meet the requirements of sections 33-24-05-1105
				and 33-24-05-1106.
8.
				[Reserved].
9. Description of
				controls and practices to prevent spills and overflows, as required under
				section 33-24-05-1108.
10. For tank
				systems in which ignitable, reactive, or incompatible wastes are to be stored
				or treated, a description of how operating procedures and tank system and
				facility design will achieve compliance with the requirements of sections
				33-24-05-1112 and 33-24-05-1113.
11. Information on air emission control
				equipment as required by section 33-24-06-80.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-76 - Information required for equipment

Current through Supplement No. 393, July, 2024
If the facility has equipment to which sections
				  33-24-05-420 through 33-24-05-449
				  applies, the following information must be kept at the facility:
1. For each piece of equipment to which
				sections 33-24-05-420 through 33-24-05-449
				applies:
a. Equipment identification number
				and hazardous waste management unit identification;
b. Approximate locations within the facility
				(for example, identify the hazardous waste management unit on a facility plot
				plan);
c. Type of equipment (for
				example, a pump or a pipeline valve);
d. Percent by weight of total organics in the
				hazardous waste stream at the equipment;
e. Hazardous waste state at the equipment
				(for example, gas or vapor, or both, or liquid); and
f. Method of compliance with the standard
				(for example, monthly leak detection and repair, or equipped with dual
				mechanical seals).
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-80 - Information required for air emissions control

Current through Supplement No. 393, July, 2024
If the facility has air emission control equipment subject to
				  sections 33-24-05-450 through 33-24-05-474,
				  the following information must be kept at the facility:
1. Documentation for each floating roof cover
				installed on a tank subject to subdivisions a and b of subsection 4 of section
				33-24-05-454 that includes
				information the owner or operator prepared or the cover manufacturer or vendor,
				or both, provided describing the cover design, and the owner's or operator's
				certification that the cover meets applicable design specifications listed in
				subdivision a of subsection 5 or subdivision a of subsection 6 of section
				33-24-05-454.
2. Identification of each container area
				subject to the requirements of sections
				33-24-05-450 through 33-24-05-474
				and the owner's or operator's certification that the requirements of sections
				33-24-05-450 through 33-24-05-474
				are met.
3. Documentation for each
				enclosure used to control air pollutant emissions from tanks or containers
				under the requirements of subdivision e of subsection 4 of section
				33-24-05-454 or paragraph 2 of
				subdivision a of subsection 5 of section
				33-24-05-456. The owner or
				operator must include records for the most recent set of calculations and
				measurements performed to verify that the enclosure meets the criteria of a
				permanent total enclosure as specified in "Procedure T - Criteria for and
				Verification of a Permanent or Temporary Total Enclosure" under
				40 CFR
				52.741, appendix B.
4. [Reserved]
5. Documentation for each closed vent system
				and control device installed under the requirements of section
				33-24-05-457 that includes design
				and performance information as specified in paragraphs 3 and 4 of subdivision
				cc of subsection 2 of section
				33-24-06-17.
6. An emission monitoring plan for both
				Method 21 in 40 CFR part 60, appendix A, and control device monitoring methods.
				This plan must include the following information--monitoring points, monitoring
				methods for control devices, monitoring frequency, procedures for documenting
				exceedances, and procedures for mitigating noncompliances.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-85 - Permit modification

Current through Supplement No. 393, July, 2024
The owner or operator can modify a hazardous waste
				  standardized permit by following the procedures found in sections 33-24-07-51
				  through 33-24-07-54.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-100 - Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, and hydrochloric acid production furnaces to minimize emissions from startup, shutdown, and malfunction events

Current through Supplement No. 393, July, 2024
1.
Facilities with existing
				permits.
a. Revisions to permit
				conditions after documenting compliance with maximum achievable control
				technology. The owner or operator of a hazardous waste permitted incinerator,
				cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler,
				or hydrochloric acid production furnace may request that the department address
				permit conditions that minimize emissions from startup, shutdown, and
				malfunction events under any of the following options when requesting removal
				of permit conditions that are no longer applicable according to subsection 2 of
				section 33-24-05-144 and subsection 2 of
				section 33-24-05-525:
(1) Retain relevant permit conditions. Under
				this option, the department will:
(a) Retain
				permit conditions that address releases during startup, shutdown, and
				malfunction events, including releases from emergency safety vents, as these
				events are defined in the facility's startup, shutdown, and malfunction plan
				required under 40 CFR
				63.1206(c)(2); and
(b) Limit applicability of those permit
				conditions only to when the facility is operating under the facility's startup,
				shutdown, and malfunction plan.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-01 - Purpose and scope

Current through Supplement No. 393, July, 2024
This chapter contains procedures for issuing, modifying,
				  revoking and reissuing, or terminating all permits, other than "emergency
				  permits" (see section
				  33-24-06-19) and "permits by rule"
				  (see section
				  33-24-06-18). The latter kinds of
				  permits are governed by 33-24-06. Operating status prior to final
				  administrative approval of the permit application is not a "permit" and is
				  covered by specific provisions in 33-24-06. The procedures of this chapter also
				  apply to denial of a permit for the active life of a hazardous waste management
				  facility or unit under subsection 2 of section
				  33-24-06-13.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-02 - Application for a permit

Current through Supplement No. 393, July, 2024
1. General
				requirements.
a. Any person who requires a
				hazardous waste permit shall complete, sign, and submit to the department an
				application in accordance with chapter 33-24-06.
b. The department shall not begin the
				processing of a permit until the applicant has fully complied with the
				application requirements for that permit. (See section
				33-24-06-01.)
c. Permit applications must comply with the
				signature and certification requirements of section
				33-24-06-03.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-03 - Modification, revocation and reissuance, or termination of permits

Current through Supplement No. 393, July, 2024
1. Permits may be modified, revoked and
				reissued, or terminated either at the request of any interested person
				(including the permittee) or upon the department's initiative. However, permits
				may only be modified, revoked and reissued, or terminated by the department for
				the reasons specified in section
				33-24-06-12 or
				33-24-06-13. All requests shall be
				in writing and shall contain facts or reasons supporting the request.
2. If the department decides the request is
				not justified, the department shall send the requester a brief written response
				giving a reason for the decision. Denials of requests for modification,
				revocation and reissuance, or termination are not subject to public notice,
				comments, or hearings. Denials by the department may be informally appealed to
				the department by letter briefly setting forth the relevant facts. The
				department may then begin modification, revocation and reissuance, or
				termination proceedings under subsection 3. The appeal shall be considered
				denied if the department takes no action on the letter within sixty days after
				receiving it.
3. Requirements to
				modify or revoke.
a. If the department
				tentatively decides to modify or revoke and reissue a permit under section
				33-24-06-12 (other than
				subdivision c of subsection 2 of section
				33-24-06-12) or subsection 3 of
				section 33-24-06-14, the department shall
				prepare a draft permit under section
				33-24-07-04 incorporating the
				proposed changes. The department may request additional information and, in the
				case of a modified permit, may require the submission of an updated permit
				application. In the case of revoked and reissued permits, other than under
				subdivision c of subsection 2 of section
				33-24-06-12, the department shall
				require the submission of a new application. In the case of revoked and
				reissued permits under subdivision c of subsection 2 of section
				33-24-06-12, the department and
				the permittee shall comply with the appropriate requirements in sections
				22-24-07-40 through 33-24-07-54 for hazardous waste standardized
				permits.
b. In a permit
				modification under this section, only those conditions to be modified shall be
				reopened when a new draft permit is prepared. All other aspects of the existing
				permit shall remain in effect for the duration of the unmodified permit. When a
				permit is revoked and reissued under this section, the entire permit is
				reopened just as if the permit had expired and was being reissued. During any
				revocation and reissuance proceeding, the permittee shall comply with all
				conditions of the existing permit until a new final permit is
				reissued.
c. "Class 1 and 2
				modifications" as defined in section
				33-24-06-14 are not subject to the
				requirements of this section.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-04 - Draft permits

Current through Supplement No. 393, July, 2024
1. Once an
				application is complete, the department shall tentatively decide whether to
				prepare a draft permit or to deny the application.
2. If the department tentatively decides to
				deny the permit application, the department shall issue a notice of intent to
				deny. A notice of intent to deny the permit application is a type of draft
				permit which follows the same procedures as any draft permit prepared under
				this section. (See subsection 4.) If the department's final decision is that
				the tentative decision to deny the permit application was incorrect, the
				department shall withdraw the notice of intent to deny and proceed to prepare a
				draft permit under subsection 3.
3. If the department decides to prepare a
				draft permit, the department shall prepare a draft permit that contains the
				following information:
a. All conditions
				under sections
				33-24-06-04 and
				33-24-06-05.
b. All compliance schedules under section
				33-24-06-07.
c. All monitoring requirements under section
				33-24-06-08.
d. Standards for treatment, storage, and
				disposal and other permit conditions under section
				33-24-06-04.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-05 - Fact sheet

Current through Supplement No. 393, July, 2024
1. A fact sheet
				must be prepared for every draft permit for a major hazardous waste management
				facility or activity, and for every draft permit which the department finds is
				the subject of widespread public interest or raises major issues. The fact
				sheet must briefly set forth the principle facts and the significant factual,
				legal, methodological, and policy questions considered in preparing the draft
				permit. The department shall send this fact sheet to the applicant and, on
				request, to any other person.
2.
				The fact sheet must include, when applicable:
a. A brief description of the type of
				facility or activity which is the subject of the draft permit;
b. The type and quantity of wastes, fluids,
				or pollutants which are proposed to be, or are being treated, stored, disposed
				of, injected, emitted, or discharged;
c. A brief summary of the basis for the draft
				permit conditions including references to applicable statutory or regulatory
				provisions;
d. Reasons why any
				requested variances or alternatives to required standards do or do not appear
				justified;
e. A description of the
				procedures for reaching a final decision on the draft permit including:
(1) The beginning and ending dates of the
				comment period under section
				33-24-07-06 and the address where
				comments will be received;
(2)
				Procedures for requesting a hearing and the nature of that hearing;
(3) Any other procedures by which the public
				may participate in the final decision; and
f. Name and telephone number of a person to
				contact for additional information.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-06 - Public notice of permit actions and public comment period

Current through Supplement No. 393, July, 2024
1.
Scope.
a. The department shall give public notice
				that the following actions have occurred:
(1)
				A permit application has been tentatively denied under subsection 2 of section
				33-24-07-04.
(2) A draft permit has been prepared under
				subsection 3 of section
				33-24-07-04.
(3) A hearing has been scheduled under
				section 33-24-07-08.
(4) An appeal has been granted under
				subsection 3 of section
				33-24-07-14.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-07 - Public comments and requests for public hearings

Current through Supplement No. 393, July, 2024
During the public comment period provided under section
				  33-24-07-06, any interested person
				  may submit written comments on the draft permit and may request a public
				  hearing, if no hearing has already been scheduled.
A request for a public hearing must be in writing and must
				  state the nature of the issues proposed to be raised in the hearing. All
				  comments must be considered in making the final decision and must be answered
				  as provided in section
				  33-24-07-13.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-08 - Public hearings

Current through Supplement No. 393, July, 2024
1. The department
				shall hold a public hearing:
a. Whenever the
				department finds, on the basis of requests, a significant degree of public
				interest in a draft permit;
b. At
				the department's discretion, whenever for instance, such a hearing might
				clarify one or more issues involved in the permit decision; or
c. Whenever the department receives written
				notice of opposition to a draft permit and a request for a hearing within
				forty-five days of public notice under subdivision a of subsection 2 of section
				33-24-07-06.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-09 - Obligation to raise issues and provide information during the public comment period

Current through Supplement No. 393, July, 2024
All persons, including applicants, who believe any condition
				  of a draft permit is inappropriate or that the department's tentative decision
				  to deny an application, terminate a permit, or prepare a draft permit is
				  inappropriate, shall raise all reasonably ascertainable issues and submit all
				  reasonably available arguments and factual grounds supporting their position,
				  including all supporting material, by the close of the public comment period
				  (including any public hearing) under section
				  33-24-07-06. All supporting
				  materials must be included in full and may not be incorporated by reference,
				  unless they consist of state or federal statutes or regulations, or other
				  generally available reference materials. Commenters shall make supporting
				  material available to the department. (A comment period longer than thirty days
				  will often be necessary in complicated proceedings to give commenters a
				  reasonable opportunity to comply with the requirements of this section.
				  Commenters may request longer comment periods and they should be freely
				  established under section
				  33-24-07-06 to the extent that
				  they appear necessary.)
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-10 - Reopening of the public comment period

Current through Supplement No. 393, July, 2024
1. If any data, information, or arguments
				submitted during the public comment period, including information or arguments
				required under section
				33-24-07-09, appear to raise
				substantial new questions concerning a permit, the department may take one or
				more of the following actions:
a. Prepare a
				new draft permit, appropriately modified, under section
				33-24-07-04.
b. Prepare a revised fact sheet under section
				33-24-07-05 and reopen the comment
				period under section
				33-24-07-10.
c. Reopen or extend the comment period under
				section 33-24-07-06 to give interested
				persons an opportunity to comment on the information or arguments submitted.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-11 - Issuance and effective date of permit

Current through Supplement No. 393, July, 2024
1. After the close of the public comment
				period under section
				33-24-07-06 on a draft permit, the
				department shall issue a final permit decision (or a decision to deny a permit
				for the active life of a hazardous waste management facility or unit under
				subsection 2 of section
				33-24-06-13). The department shall
				notify the applicant and each person who has submitted written comments or
				requested notice of the final permit decision. This notice must include
				reference to the procedures for appealing a decision on a permit or a decision
				to terminate a permit. For the purposes of this section, a final permit
				decision means a final decision to issue, deny, modify, revoke and reissue, or
				terminate a permit.
2. A final
				permit decision (or a decision to deny a permit for the active life of a
				hazardous waste management facility or unit under subsection 2 of section
				33-24-06-13) shall become
				effective thirty days after the service of notice of the decision under
				subsection 1, unless:
a. A later effective
				date is specified in the decision;
b. Review is requested under section
				33-24-07-14; or
c. No comments required a change in the draft
				permit, in which case the permit shall become effective immediately upon
				issuance.