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 33.1-24-02-190 - Standards - Closed-vent systems and control devices

Current through Supplement No. 393, July, 2024
1. The
				remanufacturer or other person that stores or treats the hazardous secondary
				material in hazardous secondary material management units using closed-vent
				systems and control devices subject to sections
				33.1-24-02-180 through
				33.1-24-02-199 shall comply with
				the provisions of section
				33.1-24-02-173.
2. For:
a.
				The remanufacturer or other person that stores or treats the hazardous
				secondary material at an existing facility who cannot install a closed-vent
				system and control device to comply with the provisions of this subpart on the
				effective date that the facility becomes subject to the provisions of sections
				33.1-24-02-180 through
				33.1-24-02-199 shall prepare an
				implementation schedule that includes dates by which the closed-vent system and
				control device will be installed and in operation. The controls must be
				installed as soon as possible, but the implementation schedule may allow up to
				thirty months after the effective date that the facility becomes subject to
				sections
				33.1-24-02-180 through
				33.1-24-02-199 for installation
				and startup.
b. Any unit that
				begins operation after July 13, 2015, and is subject to the provisions of
				sections
				33.1-24-02-180 through
				33.1-24-02-199 when operation
				begins, must comply with the rules immediately (for example, must have control
				devices installed and operating on startup of the affected unit); the
				thirty-month implementation schedule does not apply.
c. The remanufacturer or other person that
				stores or treats the hazardous secondary material at any facility in existence
				on the effective date of a statutory or regulatory amendment that renders the
				facility subject to this subpart shall comply with all requirements of sections
				33.1-24-02-180 through
				33.1-24-02-199 as soon as
				practicable but no later than thirty months after the amendment's effective
				date. When control equipment required by sections
				33.1-24-02-180 through
				33.1-24-02-199 cannot be
				installed and begin operation by the effective date of the amendment, the
				facility owner or operator shall prepare an implementation schedule that
				includes the following information: Specific calendar dates for award of
				contracts or issuance of purchase orders for the control equipment, initiation
				of onsite installation of the control equipment, completion of the control
				equipment installation, and performance of any testing to demonstrate that the
				installed equipment meets the applicable standards of sections
				33.1-24-02-180 through
				33.1-24-02-199. The
				remanufacturer or other person that stores or treats the hazardous secondary
				material shall keep a copy of the implementation schedule at the
				facility.
d. Remanufacturers or
				other persons that store or treat the hazardous secondary materials at
				facilities and units that become newly subject to the requirements of sections
				33.1-24-02-180 through
				33.1-24-02-199 after January 13,
				2015, due to an action other than those described in subdivision c must comply
				with all applicable requirements immediately (for example, must have control
				devices installed and operating on the date the facility or unit becomes
				subject to sections
				33.1-24-02-180 through
				33.1-24-02-199); the
				thirty-month implementation schedule does not apply.