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 33.1-24-02-03 - Definition of hazardous waste

Current through Supplement No. 393, July, 2024
1. A solid waste,
				as defined in section
				33.1-24-02-02, is a hazardous
				waste if:
a. It is not excluded from
				regulation as a hazardous waste under subsection 2 of section
				33.1-24-02-04; and
b. It meets any of the following criteria:
(1) It exhibits any of the characteristics of
				hazardous waste identified in sections
				33.1-24-02-10 through
				33.1-24-02-14. However, any
				mixture of a waste from the extraction, beneficiation, and processing of ores
				and minerals excluded under subdivision g of subsection 2 of section
				33.1-24-02-04 and any other
				solid waste exhibiting a characteristic of hazardous waste under sections
				33.1-24-02-10 through
				33.1-24-02-14 is a hazardous
				waste only if it exhibits a characteristic that would not have been exhibited
				by the excluded waste alone if such mixture had not occurred or if it continues
				to exhibit any of the characteristics exhibited by the nonexcluded wastes prior
				to mixture. Further, for the purposes of applying the toxicity characteristic
				to such mixtures, the mixture is also a hazardous waste if it exceeds the
				maximum concentration for any contaminant listed in table 1 to section
				33.1-24-02-14 that would not
				have been exceeded by the excluded waste alone if the mixture had not occurred
				or if it continues to exceed the maximum concentration for any contaminant
				exceeded by the nonexempt waste prior to the mixture.
(2) It is listed in sections
				33.1-24-02-15 through
				33.1-24-02-19 and has not been
				excluded from the lists in sections
				33.1-24-02-15 through
				33.1-24-02-19 by petitioning the
				department under sections
				33.1-24-01-06 and
				33.1-24-01-08.
(3) [Reserved].
(4) It is a mixture of solid waste and one or
				more hazardous wastes listed in sections
				33.1-24-02-15 through
				33.1-24-02-19 and has not been
				excluded from this subdivision under sections
				33.1-24-01-06 and
				33.1-24-01-08, or subsection 7
				or 8; however, the following mixtures of solid wastes and hazardous wastes
				listed in sections
				33.1-24-02-15 through
				33.1-24-02-19 are not hazardous
				wastes (except by application of paragraph 1 or 2) if the generator can
				demonstrate that the mixture consists of wastewater the discharge of which is
				subject to regulation under subsections 18 and 19, or subsection 25 of North
				Dakota Century Code section 61-28-04 (including wastewater at the facilities
				which have eliminated the discharge of wastewater) and:
(a) One or more of the following spent
				solvents listed in section
				33.1-24-02-16 -benzene, carbon
				tetrachloride, tetrachloroethylene, trichloroethylene or the scrubber waters
				derived from the combustion of these spent solvents -provided that the maximum
				total weekly usage of these solvents (other than the amounts that can be
				demonstrated not to be discharged to wastewater) divided by the average weekly
				flow of wastewater into the headworks of the facility's wastewater treatment or
				pretreatment system does not exceed one part per million, or the total measured
				concentration of these solvents entering the headworks of the facility's
				wastewater treatment system (at facilities subject to regulation under the
				Clean Air Act, as amended, at 40 CFR parts 60, 61, or 63, or at facilities
				subject to an enforceable limit in a federal operating permit that minimizes
				fugitive emissions), does not exceed one part per million on an average weekly
				basis. Any facility that uses benzene as a solvent and claims this exemption
				must use an aerated biological wastewater treatment system and must use only
				lined surface impoundments or tanks prior to secondary clarification in the
				wastewater treatment system. Facilities that choose to measure concentration
				levels must file a copy of the facility's sampling and analysis plan with the
				department. A facility must file a copy of a revised sampling and analysis plan
				only if the initial plan is rendered inaccurate by changes in the facility's
				operations. The sampling and analysis plan must include the monitoring point
				location (headworks), the sampling frequency and methodology, and a list of
				constituents to be monitored. A facility is eligible for the direct monitoring
				option once the facility receives confirmation that the sampling and analysis
				plan has been received by the department. The department may reject the
				sampling and analysis plan if the department finds that, the sampling and
				analysis plan fails to include the above information, or the plan parameters
				would not enable the facility to calculate the weekly average concentration of
				these chemicals accurately. If the department rejects the sampling and analysis
				plan or if the department finds that the facility is not following the sampling
				and analysis plan, the department shall notify the facility to cease the use of
				the direct monitoring option until such time as the basis for rejection are
				corrected;
(b) One or more of the
				following spent solvents listed in section
				33.1-24-02-16 -methylene
				chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols,
				cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide,
				isobutanol, pyridine, spent chlorofluorocarbon solvents, 2-ethoxyethanol, or
				the scrubber waters derived from the combustion of these spent solvents -
				provided that the maximum total weekly usage of these solvents (other than the
				amounts that can be demonstrated not to be discharged to wastewater) divided by
				the average weekly flow of wastewater into the headworks of the facility's
				wastewater treatment or pretreatment system does not exceed twenty-five parts
				per million, or the total measured concentration of these solvents entering the
				headworks of the facility's wastewater treatment system (at facilities subject
				to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or
				63, or at facilities subject to an enforceable limit in a federal operating
				permit that minimizes fugitive emissions), does not exceed twenty-five parts
				per million on an average weekly basis. Facilities that choose to measure
				concentration levels must file a copy of the facility's sampling and analysis
				plan with the department. A facility must file a copy of a revised sampling and
				analysis plan only if the initial plan is rendered inaccurate by changes in the
				facility's operations. The sampling and analysis plan must include the
				monitoring point location (headworks), the sampling frequency and methodology,
				and a list of constituents to be monitored. A facility is eligible for the
				direct monitoring option once the facility receives confirmation that the
				sampling and analysis plan has been received by the department. The department
				may reject the sampling and analysis plan if the department finds that, the
				sampling and analysis plan fails to include the above information; or the plan
				parameters would not enable the facility to calculate the weekly average
				concentration of these chemicals accurately. If the department rejects the
				sampling and analysis plan or if the department finds that the facility is not
				following the sampling and analysis plan, the department shall notify the
				facility to cease the use of the direct monitoring option until such time as
				the basis for rejection are corrected;
(c) One of the following wastes listed in
				section 33.1-24-02-17, provided that the
				wastes are discharged to the refinery oil recovery sewer before primary
				oil/water/solids separation - heat exchanger bundle cleaning sludge from the
				petroleum refining industry (hazardous waste number K050), crude oil storage
				tank sediment from petroleum refining operations (hazardous waste number K169),
				clarified slurry oil tank sediment or in-line filter/separation solids, or
				both, from petroleum refining operations (hazardous waste number K170), spent
				hydrotreating catalyst (hazardous waste number K171), and spent hydrorefining
				catalyst (hazardous waste number K172);
(d) A discarded hazardous waste, chemical
				commercial product, or chemical intermediate listed in sections
				33.1-24-02-16 through
				33.1-24-02-18, arising from de
				minimis losses of these materials. For purposes of this subparagraph, "de
				minimis" losses are inadvertent releases to a wastewater treatment system,
				including those from normal material handling operations, (e.g., spills from
				the unloading or transfer of materials from bins or other containers, leaks
				from pipes, valves, or other devices used to transfer materials); minor leaks
				of process equipment, storage tanks or containers; leaks from well-maintained
				pump packings and seals; sample purgings; relief device discharges; discharges
				from safety showers and rinsing and cleaning of personal safety equipment; and
				rinsate from empty containers or from containers that are rendered empty by
				that rinsing. Any manufacturing facility that claims an exemption for de
				minimis quantities of wastes listed in sections
				33.1-24-02-16 through
				33.1-24-02-17, or any
				nonmanufacturing facility that claims an exemption for de minimis quantities of
				wastes listed in sections
				33.1-24-02-15 through
				33.1-24-02-19 must either have
				eliminated the discharge of wastewaters or have included in the facility's
				Clean Water Act permit application or submission to the facility's pretreatment
				control authority the constituents for which each waste was listed (in
				33.1-24-02 appendix IV); and the constituents in the table "treatment standards
				for hazardous wastes" in section
				33.1-24-05-280 for which each
				waste has a treatment standard (for example, land disposal restriction
				constituents). A facility is eligible to claim the exemption once the permit
				writer or control authority has been notified of possible de minimis releases
				via the Clean Water Act permit application or the pretreatment control
				authority submission. A copy of the Clean Water Act permit application or the
				submission to the pretreatment control authority must be placed in the
				facility's onsite files;
(e)
				Wastewater resulting from laboratory operations containing toxic (T) wastes
				listed in sections
				33.1-24-02-15 through
				33.1-24-02-19, provided that the
				annualized average flow of laboratory wastewater does not exceed one percent of
				total wastewater flow into the headworks of the facility's wastewater treatment
				or pretreatment system, or provided the wastes combined annualized average
				concentration does not exceed one part per million in the headworks of the
				facility's wastewater treatment or pretreatment facility. Toxic (T) wastes used
				in laboratories that are demonstrated not to be discharged to wastewater are
				not to be included in this calculation;
(f) One or more of the following wastes
				listed in section
				33.1-24-02-17 -wastewaters from
				the production of carbamates and carbamoyl oximes (hazardous waste number K157)
				- provided that the maximum weekly usage of formaldehyde, methyl chloride,
				methylene chloride, and triethylamine (including all amounts that cannot be
				demonstrated to be reacted in the process, destroyed through treatment, or is
				recovered, for example, what is discharged or volatilized) divided by the
				average weekly flow of process wastewater prior to any dilution into the
				headworks of the facility's wastewater treatment system does not exceed a total
				of five parts per million by weight or the total measured concentration of
				these chemicals entering the headworks of the facility's wastewater treatment
				system (at facilities subject to regulation under the Clean Air Act as amended,
				at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit
				in a federal operating permit that minimizes fugitive emissions), does not
				exceed five parts per million on an average weekly basis. Facilities that
				choose to measure concentration levels must file copy of the facility's
				sampling and analysis plan with the department. A facility must file a copy of
				a revised sampling and analysis plan only if the initial plan is rendered
				inaccurate by changes in the facility's operations. The sampling and analysis
				plan must include the monitoring point location (headworks), the sampling
				frequency and methodology, and a list of constituents to be monitored. A
				facility is eligible for the direct monitoring option once the facility
				receives confirmation that the sampling and analysis plan has been received by
				the department. The department may reject the sampling and analysis plan if the
				department finds that, the sampling and analysis plan fails to include the
				above information; or the plan parameters would not enable the facility to
				calculate the weekly average concentration of these chemicals accurately. If
				the department rejects the sampling and analysis plan or if the department
				finds that the facility is not following the sampling and analysis plan, the
				department shall notify the facility to cease the use of the direct monitoring
				option until such time as the basis for rejection are corrected; or
(g) Wastewaters derived from the treatment of
				one or more of the following wastes listed in section
				33.1-24-02-17 - organic waste
				(including heavy ends, still bottoms, light ends, spent solvents, filtrates,
				and decantates) from the production of carbamates and carbamoyl oximes
				(hazardous waste number K156) - provided, that the maximum concentration of
				formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to
				any dilutions into the headworks of the facility's wastewater treatment system
				does not exceed a total of five milligrams per liter or the total measured
				concentration of these chemicals entering the headworks of the facility's
				wastewater treatment system (at facilities subject to regulation under the
				Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities
				subject to an enforceable limit in a federal operating permit that minimizes
				fugitive emissions), does not exceed five milligrams per liter on an average
				weekly basis. Facilities that choose to measure concentration levels must file
				a copy of the facility's sampling and analysis plan with the department. A
				facility must file a copy of a revised sampling and analysis plan only if the
				initial plan is rendered inaccurate by changes in the facility's operations.
				The sampling and analysis plan must include the monitoring point location
				(headworks), the sampling frequency and methodology, and a list of constituents
				to be monitored. A facility is eligible for the direct monitoring option once
				the facility receives confirmation that the sampling and analysis plan has been
				received by the department. The department may reject the sampling and analysis
				plan if the department finds that, the sampling and analysis plan fails to
				include the above information; or the plan parameters would not enable the
				facility to calculate the weekly average concentration of these chemicals
				accurately. If the department rejects the sampling and analysis plan or if the
				department finds that the facility is not following the sampling and analysis
				plan, the department shall notify the facility to cease the use of the direct
				monitoring option until such time as the basis for rejection are
				corrected.
(5)
				Rebuttable presumption for used oil. Used oil containing more than one thousand
				parts per million total halogens is presumed to be a hazardous waste because it
				has been mixed with halogenated hazardous waste listed in sections
				33.1-24-02-15 through
				33.1-24-02-19. Persons may rebut
				this presumption by demonstrating that the used oil does not contain hazardous
				waste (for example, to show that the used oil does not contain significant
				concentrations of halogenated hazardous constituents listed in appendix V of
				33.1-24-02).
(a) The rebuttable presumption
				does not apply to metalworking oils or fluids, or both, containing chlorinated
				paraffins, if they are processed, through a tolling agreement, to reclaim
				metalworking oils or fluids, or both. The presumption does apply to
				metalworking oils or fluids, or both, if such oils or fluids, or both, are
				recycled in any other manner, or disposed.
(b) The rebuttable presumption does not apply
				to used oils contaminated with chlorofluorocarbons removed from refrigeration
				units where the chlorofluorocarbons are destined for reclamation. The
				rebuttable presumption does apply to used oils contaminated with
				chlorofluorocarbons that have been mixed with used oil from sources other than
				refrigeration units.