reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-70 - 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
				33.1-24-05-1083. 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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-73 - 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
				33.1-24-05-1101 and
				33.1-24-05-1102.
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
				33.1-24-05-1101.
6. For new tank systems, a detailed
				description of how the tank systems will be installed in compliance with
				sections
				33.1-24-05-1102 and
				33.1-24-05-1104.
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
				33.1-24-05-1105 and
				33.1-24-05-1106.
8. [Reserved].
9. Description of controls and practices to
				prevent spills and overflows, as required under section
				33.1-24-05-1108.
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
				33.1-24-05-1112 and
				33.1-24-05-1113.
11. Information on air emission control
				equipment as required by section
				33.1-24-06-80.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-06 - Permits › Section 33.1-24-06-76 - Information required for equipment

Current through Supplement No. 393, July, 2024
If the facility has equipment to which sections
				  33.1-24-05-420 through
				  33.1-24-05-449 applies, the
				  following information must be kept at the facility:
1. For each piece of equipment to which
				sections
				33.1-24-05-420 through
				33.1-24-05-449 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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-80 - Information required for air emissions control

Current through Supplement No. 393, July, 2024
If the facility has air emission control equipment subject to
				  sections
				  33.1-24-05-450 through
				  33.1-24-05-474, 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
				33.1-24-05-454 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
				33.1-24-05-454.
2. Identification of each container area
				subject to the requirements of sections
				33.1-24-05-450 through
				33.1-24-05-474 and the owner's
				or operator's certification that the requirements of sections
				33.1-24-05-450 through
				33.1-24-05-474 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
				33.1-24-05-454 or paragraph 2 of
				subdivision a of subsection 5 of section
				33.1-24-05-456. 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
				33.1-24-05-457 that includes
				design and performance information as specified in paragraphs 3 and 4 of
				subdivision cc of subsection 2 of section
				33.1-24-06-17.
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 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-06 - Permits › Section 33.1-24-06-85 - 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
				  33.1-24-07-51 through
				  33.1-24-07-54.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-06 - Permits › Section 33.1-24-06-100 - 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 33.1-24-05-144 and subsection 2
				of section
				33.1-24-05-525:
(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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-01 - 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
				  33.1-24-06-19) and "permits by
				  rule" (see section
				  33.1-24-06-18). The latter kinds
				  of permits are governed by 33.1-24-06. Operating status prior to final
				  administrative approval of the permit application is not a "permit" and is
				  covered by specific provisions in 33.1-24-06. 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
				  33.1-24-06-13.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-02 - 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 33.1-24-06.
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
				33.1-24-06-01.)
c. Permit applications must comply with the
				signature and certification requirements of section
				33.1-24-06-03.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-04 - 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
				33.1-24-06-04 and
				33.1-24-06-05.
b. All compliance schedules under section
				33.1-24-06-07.
c. All monitoring requirements under section
				33.1-24-06-08.
d. Standards for treatment, storage, and
				disposal and other permit conditions under section
				33.1-24-06-04.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-05 - 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
				33.1-24-07-06 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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-06 - 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
				33.1-24-07-04.
(2) A draft permit has been prepared under
				subsection 3 of section
				33.1-24-07-04.
(3) A hearing has been scheduled under
				section 33.1-24-07-08.
(4) An appeal has been granted under
				subsection 3 of section
				33.1-24-07-14.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-07 - Public comments and requests for public hearings

Current through Supplement No. 393, July, 2024
During the public comment period provided under section
				  33.1-24-07-06, 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
				  33.1-24-07-13.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-08 - 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
				33.1-24-07-06.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-09 - 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
				  33.1-24-07-06. 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
				  33.1-24-07-06 to the extent that
				  they appear necessary.)
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-10 - 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
				33.1-24-07-09, 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
				33.1-24-07-04.
b. Prepare a revised fact sheet under section
				33.1-24-07-05 and reopen the
				comment period under section 33.1-24-07-10.
c. Reopen or extend the comment period under
				section 33.1-24-07-06 to give interested
				persons an opportunity to comment on the information or arguments
				submitted.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-11 - Issuance and effective date of permit

Current through Supplement No. 393, July, 2024
1. After the close
				of the public comment period under section
				33.1-24-07-06 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
				33.1-24-06-13). 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
				33.1-24-06-13) 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
				33.1-24-07-14; or
c. No comments required a change in the draft
				permit, in which case the permit shall become effective immediately upon
				issuance.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-12 - Stays of contested permit conditions

Current through Supplement No. 393, July, 2024
1. Stays.
a. If a request for review of a permit under
				section 33.1-24-07-14 is granted, the
				effect of the contested permit conditions is stayed and is not subject to
				judicial review pending final department action. If the permit involves a new
				facility, the applicant is without a permit for the proposed new facility
				pending final agency action.
b.
				Uncontested conditions which are not severable from those contested must be
				stayed together with the contested conditions. Stayed provisions of permits for
				existing facilities must be identified by the department. All other provisions
				of the permit for the existing facility remain fully effective and
				enforceable.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-13 - Response to comments

Current through Supplement No. 393, July, 2024
1. At the time that
				a final permit is issued under section
				33.1-24-07-11, the department
				shall issue a response to comments. This response must:
a. Specify which provisions, if any, of the
				draft permits have been changed in the final permit decision, and the reasons
				for the change; and
b. Briefly
				describe and respond to all significant comments on the draft permit raised
				during the public comment period or during any hearing.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-14 - Appeal of permit

Current through Supplement No. 393, July, 2024
1. Within thirty
				days after a final permit decision (or a decision under subsection 2 of section
				33.1-24-06-13 to deny a permit
				for the active life of a hazardous waste management facility or unit) has been
				issued under section
				33.1-24-07-11, any person who
				filed comments on that draft permit or participated in the public hearing may
				petition the department to review any condition of the permit decision. Any
				person who failed to file comments or failed to participate in the public
				hearing on the draft permit may petition for administrative review only to the
				extent of the changes from the draft to the final permit decision. The
				thirty-day period within which a person may request review under this section
				begins with the service of notice of the department's action unless a later
				date is specified in that notice. The petition must include a statement of the
				reasons supporting that review, including a demonstration that any issues being
				raised were raised during the public comment period (including any public
				hearing) to the extent required by these rules and, when appropriate, a showing
				that the condition in question is based on.
a. A finding of fact or conclusion of law
				which is clearly erroneous; or
b.
				An exercise of discretion or an important policy consideration which the
				department should, in the department's discretion, review.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-26 - Public notice requirements at the application stage

Current through Supplement No. 393, July, 2024
1. Applicability.
				The requirements of this section apply to all hazardous waste part B
				applications seeking initial permits for hazardous waste management units. The
				requirements of this section also apply to hazardous waste part B applications
				seeking renewal of permits for such units under section
				33.1-24-06-02. The requirements
				of this section do not apply to hazardous waste units for which facility owners
				or operators are seeking coverage under a hazardous waste standardized permit
				(see sections
				33.1-24-06-45 through
				33.1-24-06-85). The requirements
				of this section also do not apply to permit modifications under section
				33.1-24-06-14 or permit
				applications submitted for the sole purpose of conducting postclosure
				activities or postclosure activities and corrective action at a
				facility.
2. Notification at
				application submittal.
a. The department
				shall provide public notice as set forth in paragraph 4 of subdivision a of
				subsection 3 of section
				33.1-24-07-06, and notice to
				appropriate units of state and local government as set forth in subdivision b
				of subsection 3 of section
				33.1-24-07-06, that a part B
				permit application has been submitted to the department and is available for
				review.
b. The notice must be
				published within a reasonable period of time after the application is received
				by the department. The notice must include:
(1) The name and telephone number of the
				applicant's contact person;
(2) The
				name and telephone number of the department's contact office, and a mailing
				address to which information, opinions, and inquiries may be directed
				throughout the permit review process;
(3) An address to which people can write in
				order to be put on the facility mailing list;
(4) The location where copies of the permit
				application and any supporting documents can be viewed and copied;
(5) A brief description of the facility and
				proposed operations, including the address or a map (for example, a sketched or
				copied street map) of the facility location on the front page of the notice;
				and
(6) The date that the
				application was submitted.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-27 - Information repository

Current through Supplement No. 393, July, 2024
1. Applicability.
				The requirements of this section apply to all applications seeking hazardous
				waste permits for hazardous waste management units.
2. The department may assess the need, on a
				case-by-case basis, for an information repository. When assessing the need for
				an information repository, the department shall consider a variety of factors,
				including the level of public interest; the type of facility; the presence of
				an existing repository; and the proximity to the nearest copy of the
				administrative record. If the department determines, at any time after
				submittal of a permit application, that there is a need for a repository, then
				the department shall notify the facility that it must establish and maintain an
				information repository. (See subsection 13 of section
				33.1-24-06-04 for similar
				provisions relating to the information repository during the life of a
				permit.)
3. The information
				repository shall contain all documents, reports, data, and information deemed
				necessary by the department to fulfill the purposes for which the repository is
				established. The department may limit the contents of the repository.
4. The information repository must be located
				and maintained at a site chosen by the facility. If the department finds the
				site unsuitable for the purposes and persons for which it was established, due
				to problems with the location, hours of availability, access, or other relevant
				considerations, then the department shall specify a more appropriate
				site.
5. The department shall
				specify requirements for informing the public about the information repository.
				At a minimum, the department shall require the facility to provide a written
				notice about the information repository to all individuals on the facility
				mailing list.
6. The facility owner
				or operator shall be responsible for maintaining and updating the repository
				with appropriate information throughout a time period specified by the
				department. The department may close the repository at its discretion, based on
				the factors in subsection 2.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-40 - Standardized permit

Current through Supplement No. 393, July, 2024
The standardized permit is a special form of hazardous waste
				  permit which may consist of two parts: A uniform portion that the department
				  issues in all cases, and a supplemental portion that the department issues at
				  the department's discretion. Standardized permit is defined in section
				  33.1-24-01-04.
1. The uniform portion of a standardized
				permit consists of terms and conditions, relevant to the unit or units
				operating at the facility, contained in sections
				33.1-24-05-950 through
				33.1-24-05-1149. If the owner or
				operator intends to operate under the standardized permit, the owner or
				operator shall comply with these applicable terms and conditions.
2. The supplemental portion of a standardized
				permit consists of site specific terms and conditions, beyond those of the
				uniform portion, which the department may impose on the facility, as necessary
				to protect human health and the environment. If the department issues a
				supplemental portion, the owner or operator shall comply with the site specific
				terms and conditions the department imposes.
a. When required under section
				33.1-24-05-1031, provisions to
				implement corrective action will be included in the supplemental
				portion.
b. Unless otherwise
				specified, these supplemental permit terms and conditions apply to the facility
				in addition to the terms and conditions of the uniform portion of the
				standardized permit and not in place of any of those terms and
				conditions.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-41 - 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 facility
				permit.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-42 - Applying for a standardized permit

Current through Supplement No. 393, July, 2024
1. The owner or
				operator shall follow the requirements in sections
				33.1-24-07-40 through
				33.1-24-07-54, section
				33.1-24-07-25, section
				33.1-24-06-01, and sections
				33.1-24-06-45 through
				33.1-24-06-85.
2. The owner or operator shall submit to the
				department a written notice of intent to operate under the standardized permit
				and shall include the information and certifications required under sections
				33.1-24-06-45 through
				33.1-24-06-85.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-43 - Switching from a hazardous waste permit to a standardized permit

Current through Supplement No. 393, July, 2024
If all units in the hazardous waste permit are eligible for
				  the standardized permit, the permittee may request the individual permit be
				  revoked and reissued as a standardized permit, in accordance with section
				  33.1-24-07-03. If only some of
				  the units in the hazardous waste permit are eligible for the standardized
				  permit, the permittee may request the individual permit be modified to no
				  longer include those units and issue a standardized permit for those units in
				  accordance with section
				  33.1-24-07-44.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-44 - Draft standardized permit

Current through Supplement No. 393, July, 2024
1. The department
				shall:
a. Review the notice of intent and
				supporting information submitted by the facility owner or operator.
b. Determine whether the facility is or is
				not eligible to operate under the standardized permit.
(1) If the facility is eligible for the
				standardized permit, the department shall propose terms and conditions, if any,
				to include in a supplemental portion. If the department determines these terms
				and conditions are necessary to protect human health and the environment and
				cannot be imposed, the department tentatively shall deny coverage under the
				standardized permit.
(2) If the
				facility is not eligible for the standardized permit, the department
				tentatively shall deny coverage under the standardized permit. Cause for
				ineligibility may include the following:
(a)
				Failure of the facility owner or operator to submit all the information
				required under section
				33.1-24-06-57.
(b) Information submitted that is required
				under section
				33.1-24-06-57 is determined to
				be inadequate.
(c) Facility does
				not meet the eligibility requirements (activities are outside the scope of the
				standardized permit).
(d)
				Demonstrated history of significant noncompliance with applicable
				requirements.
(e) Permit conditions
				cannot ensure protection of human health and the environment.
c. Prepare a draft
				permit decision within one hundred twenty days after receiving the notice of
				intent and supporting documents from a facility owner or operator. A tentative
				determination under this section to deny or grant coverage under the
				standardized permit, including any proposed site specific conditions in a
				supplemental portion, constitutes a draft permit decision. A one-time extension
				of thirty-days to prepare the draft permit decision is allowed. When the use of
				the thirty-day extension is anticipated, the department should inform the
				permit applicant during the initial one-hundred-twenty-day review period.
				Reasons for an extension may include needing to complete review of submissions
				with the notice of intent (for example, closure plans, waste analysis plans,
				for facilities seeking to manage hazardous waste generated offsite).
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-45 - Final standardized permit

Current through Supplement No. 393, July, 2024
The department shall consider all comments received during
				  the public comment period in making a final permit decision. In preparing a
				  final permit decision, the following provisions apply:
1. Section
				33.1-24-07-01.
2. Section
				33.1-24-07-48.
3. Subsections 4, 5, and 6 of section
				33.1-24-07-08.
4. Section
				33.1-24-07-09; however, in the
				context of the standardized permit, the reference to the public comment period
				is section
				33.1-24-07-48 instead of section
				33.1-24-07-06.
5. Section
				33.1-24-07-10; however, in the
				context of the standardized permit, use the following reference: in subdivision
				a of subsection 1 of section
				33.1-24-07-10 use reference to
				section 33.1-24-07-44 instead of section
				33.1-24-07-04; in subdivision c
				of subsection 1 of section
				33.1-24-07-10 use reference to
				section 33.1-24-07-48 instead of section
				33.1-24-07-06; in subsection 2
				of section
				33.1-24-07-10 use reference to
				section 33.1-24-07-47 instead of section
				33.1-24-07-06.
6. Section
				33.1-24-07-11; however, in the
				context of the standardized permit, the reference to the public comment period
				is section
				33.1-24-07-48 instead of section
				33.1-24-07-06.
7. Section
				33.1-24-07-12.
8. Section
				33.1-24-07-49.
9. Section
				33.1-24-07-14.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-46 - Situations requiring an application for an individual permit

Current through Supplement No. 393, July, 2024
1. Cases where the
				department may determine a facility is not eligible for the standardized permit
				include the following:
a. The facility does
				not meet the criteria in section
				33.1-24-07-41.
b. The facility has a demonstrated history of
				significant noncompliance with rules, regulations or permit
				conditions.
c. The facility has a
				demonstrated history of submitting incomplete or deficient permit application
				information.
d. The facility has
				submitted incomplete or inadequate materials with the notice of
				intent.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-47 - Public notice of permit actions and public involvement

Current through Supplement No. 393, July, 2024
1. The department
				shall provide public notice of the department's draft permit decision and shall
				provide an opportunity for the public to submit comments and request a hearing
				on that decision. The public notice must be provided to:
a. The applicant;
b. Any other agency that the department knows
				has issued or is required to issue a hazardous waste permit for the same
				facility or activity, including the environmental protection agency;
c. Federal and state agencies with
				jurisdiction over fish, shellfish, and wildlife resources and over coastal zone
				management plans, the advisory council on historic preservation, state historic
				preservation officers, including any affected states;
d. To everyone on the facility mailing list
				developed according to the requirements in paragraph 4 of subdivision a of
				subsection 3 of section
				33.1-24-07-06; and
e. To any units of local government having
				jurisdiction over the area where the facility is proposed to be located and to
				each state agency having any authority under state law with respect to the
				construction or operation of the facility.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-48 - Public comment and request for public hearings

Current through Supplement No. 393, July, 2024
1. The public
				notice issued under section
				33.1-24-07-47 must allow at
				least a forty-five day public comment period for people to submit written
				comments on the draft permit decision. The public comment period is
				automatically extended to the close of any public hearing under this section.
				The hearing officer may also extend the comment period by so stating at the
				hearing.
2. During the public
				comment period, any interested person may submit written comments on the draft
				permit and may request a public hearing. 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.
3. The department shall
				hold a public hearing whenever it receives a written notice of opposition to a
				standardized permit and a request for a hearing within the public comment
				period under subsection 1. The department also may hold a public hearing at the
				department's discretion whenever such a hearing might clarify one or more
				issues involved in the permit decision.
4. Whenever possible, the department shall
				schedule a hearing under this section at a location convenient to the nearest
				population center to the facility. The department shall give public notice of
				the hearing at least thirty days before the date set for the hearing.
5. The department shall give public notice of
				the hearing according to the methods in subsections 1 and 2 of section
				33.1-24-07-47. The hearing must
				be conducted according to the procedures in subsections 4, 5, and 6 of section
				33.1-24-07-08.
6. In their written comments and during the
				public hearing, if held, interested parties may provide comments on the draft
				permit decision. These comments may include the facility's eligibility for the
				standardized permit, the tentative supplemental conditions proposed, and the
				need for additional supplemental conditions.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-49 - Response to comments

Current through Supplement No. 393, July, 2024
1. At the time a
				final standardized permit is issued, the department shall respond to comments
				received during the public comment period on the draft permit. This response
				must:
a. Specify which additional conditions
				(for example, those in the supplemental portion), if any, have been changed in
				the final permit, and the reasons for the change.
b. Briefly describe and respond to all
				significant comments on the facility's ability to meet the general requirements
				(for example, those terms and conditions in the uniform portion) and on any
				additional conditions necessary to protect human health and the environment
				raised during the public comment period or during the hearing.
c. Make the comments and responses accessible
				to the public.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-50 - Appeal of permit

Current through Supplement No. 393, July, 2024
Any person may petition for administrative review of the
				  department's final permit decision, including the decision that the facility is
				  eligible for the standardized permit, according to the procedures of section
				  33.1-24-07-14. However, the
				  terms and conditions of the uniform portion of the standardized permit are not
				  subject to administrative review under this provision.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-51 - Permit changes at the request of the permittee

Current through Supplement No. 393, July, 2024
The permittee may make both routine changes, routine changes
				  with prior department approval, and significant changes. For the purposes of
				  this section:
1. ''Routine changes''
				are any changes to the standardized permit that qualify as a class 1 permit
				modification (without prior department approval) under section
				33.1-24-06-14, appendix
				I;
2. ''Routine changes with prior
				department approval'' are for those changes to the standardized permit that
				would qualify as a class 1 modification with prior department approval, or a
				class 2 permit modification under section
				33.1-24-06-14, appendix I;
				and
3. ''Significant changes'' are
				any changes to the standardized permit which:
a. Qualify as a class 3 permit modification
				under section
				33.1-24-06-14, appendix
				I;
b. Are not explicitly identified
				in section
				33.1-24-06-14, appendix I;
				or
c. Amend any terms or conditions
				in the supplemental portion of the standardized permit.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-52 - Routine changes

Current through Supplement No. 393, July, 2024
1. The permittee
				may make routine changes to the standardized permit without obtaining approval
				from the department. However, the permittee first must determine whether the
				routine change will amend the information submitted under section
				33.1-24-06-57 with the notice of
				intent to operate under the standardized permit.
2. If the routine changes will amend the
				information submitted under section
				33.1-24-06-57 with the notice of
				intent to operate under the standardized permit, then before making the routine
				changes the permittee must:
a. Submit to the
				department the revised information pursuant to subdivision a of subsection 1 of
				section 33.1-24-06-57; and
b. Provide notice of the changes to the
				facility mailing list and to state and local governments in accordance with the
				procedures in paragraphs 4 through 6 of subdivision a of subsection 3 of
				section 33.1-24-07-06.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-53 - Routine changes with prior approval

Current through Supplement No. 393, July, 2024
1. Routine changes
				to the standardized permit with prior department approval may only be made with
				the prior written approval of the department.
2. The permittee also must follow the
				procedures in subdivisions a and b of subsection 2 of section
				33.1-24-07-52.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; S.L. 2017, ch. 199, §
					 19