reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-502 - Assessment of existing drip pad integrity

Current through Supplement No. 393, July, 2024
1. For each
				  existing drip pad as defined in section
				  33.1-24-05-501, the owner or
				  operator must evaluate the drip pad and determine that it meets all of the
				  requirements of sections
				  33.1-24-05-501 through
				  33.1-24-05-524, except the
				  requirements for liners and leak detection systems of subsection 2 of section
				  33.1-24-05-504. No later than
				  the effective date of this rule, the owner or operator must obtain and keep on
				  file at the facility a written assessment of the drip pad, reviewed and
				  certified by a qualified professional engineer that attests to the results of
				  the evaluation. The assessment must be reviewed, updated and recertified
				  annually until all upgrades, repairs, or modifications necessary to achieve
				  compliance with all of the standards of section
				  33.1-24-05-504 are complete. The
				  evaluation must document the extent to which the drip pad meets each of the
				  design and operating standards of section
				  33.1-24-05-504, except the
				  standards for liners and leak detection systems, specified in subsection 2 of
				  section 33.1-24-05-504.
2. The owner or operator must develop a
				  written plan for upgrading, repairing, and modifying the drip pad to meet the
				  requirements of subsection 2 of section
				  33.1-24-05-504, and submit the
				  plan to the department no later than two years before the date that all
				  repairs, upgrades, and modifications are complete. This written plan must
				  describe all changes to be made to the drip pad in sufficient detail to
				  document compliance with all the requirements of section
				  33.1-24-05-504. The plan must be
				  reviewed and certified by a qualified professional engineer.
3. Upon completion of all upgrades, repairs,
				  and modifications, the owner or operator must submit to the department, the
				  as-built drawings for the drip pad together with a certification by a qualified
				  professional engineer attesting that the drip pad conforms to the
				  drawings.
4. If the drip pad is
				  found to be leaking or unfit for use, the owner or operator must comply with
				  the provisions of subsection 13 of section
				  33.1-24-05-504 or close the drip
				  pad in accordance with section
				  33.1-24-05-506.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-503 - Design and installation of new drip pads

Current through Supplement No. 393, July, 2024
Owners and operators of new drip pads must ensure that the
					 pads are designed, installed, and operated in accordance with one of the
					 following:
1. All of the requirements
				  of sections
				  33.1-24-05-504 (except
				  subdivision d of subsection 1 of section
				  33.1-24-05-504),
				  33.1-24-05-505, and
				  33.1-24-05-506; or
2. All of the requirements of sections
				  33.1-24-05-504 (except
				  subsection 2 of section
				  33.1-24-05-504),
				  33.1-24-05-505, and
				  33.1-24-05-506.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-504 - Design and operating requirements

Current through Supplement No. 393, July, 2024
1. Drip pads must:
a. Be constructed of nonearthen materials,
				  excluding wood and nonstructurally supported asphalt;
b. Be sloped to free-drain treated wood
				  drippage, rain and other waters, or solutions of drippage and water or other
				  wastes to the associated collection system;
c. Have a curb or berm around the
				  perimeter;
d. Drip pads must meet
				  and have on file the following:
(1) Have a
				  hydraulic conductivity of less than or equal to
				  1x10-7 centimeters per second (for example, existing
				  concrete drip pads must be sealed, coated, or covered with a surface material
				  with a hydraulic conductivity of less than or equal to 1x10-7
					 centimeters per second), such that the entire surface where
				  drippage occurs or may run across is capable of containing such drippage and
				  mixtures of drippage and precipitation, materials, or other wastes while being
				  routed to an associated collection system. This surface material must be
				  maintained free of cracks and gaps that could adversely affect its hydraulic
				  conductivity, and the material must be chemically compatible with the
				  preservatives that contact the drip pad. The requirements of this provision
				  apply only to existing drip pads and those drip pads for which the owner or
				  operator elects to comply with subsection 2 of section
				  33.1-24-05-503 instead of
				  subsection 1 of section
				  33.1-24-05-503.
(2) The owner or operator must obtain and
				  keep on file at the facility a written assessment of the drip pad, reviewed and
				  certified by a qualified professional engineer that attests to the results of
				  the evaluation. The assessment must be reviewed, updated, and recertified
				  annually. The evaluation must document the extent to which the drip pad meets
				  the design and operating standards of this section, except for subsection
				  2.
e. Be of sufficient
				  structural strength and thickness to prevent failure due to physical contact,
				  climatic conditions, the stress of daily operations (for example, variable and
				  moving loads such as vehicle traffic, movement of wood, etc.).
Note: The department will generally consider applicable
					 standards established by professional organizations generally recognized by the
					 industry such as the American concrete institute (ACI) or the American society
					 of testing and materials (ASTM) in judging the structural integrity requirement
					 of this subsection.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-505 - Inspections

Current through Supplement No. 393, July, 2024
1. During
				  construction or installation, liners and cover systems (for example, membranes,
				  sheets, or coatings) must be inspected for uniformity, damage, and
				  imperfections (for example, holes, cracks, thin spots, or foreign materials).
				  Immediately after construction or installation, liners must be inspected and
				  certified as meeting the requirements of section
				  33.1-24-05-504 by a qualified
				  professional engineer. This certification must be maintained at the facility as
				  part of the facility operating record. After installation, liners and covers
				  must be inspected to ensure tight seams and joints and the absence of tears,
				  punctures, or blisters.
2. While a
				  drip pad is in operation, it must be inspected weekly and after storms to
				  detect evidence of any of the following:
a.
				  Deterioration, malfunctions, or improper operation of run-on and runoff control
				  systems.
b. The presence of leakage
				  in and proper functioning of leak detection system.
c. Deterioration or cracking of the drip pad
				  surface.
Note: See subsection 13 of section
					 33.1-24-05-504 for remedial
					 action required if deterioration or leakage is
					 detected.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-506 - Closure

Current through Supplement No. 393, July, 2024
1. At closure, the
				  owner or operator must remove or decontaminate all waste residues, contaminated
				  containment system components (pad, liners, etc.), contaminated subsoils, and
				  structures and equipment contaminated with waste and leakage, and manage them
				  as hazardous waste.
2. If, after
				  removing or decontaminating all residues and making all reasonable efforts to
				  effect removal or decontamination of contaminated components, subsoils,
				  structures, and equipment as required in subsection 1, the owner or operator
				  finds that not all contaminated subsoils can be practicably removed or
				  decontaminated, the owner or operator must close the facility and perform
				  postclosure care in accordance with closure and postclosure care requirements
				  that apply to landfills in section
				  33.1-24-05-180. For permitted
				  units, the requirement to have a permit continues throughout the postclosure
				  period. In addition, for the purpose of closure, postclosure, and financial
				  responsibility, such a drip pad is then considered to be landfill, and the
				  owner or operator must meet all of the requirements for landfills specified in
				  sections
				  33.1-24-05-59 through
				  33.1-24-05-88.
3. Drip pad:
a. The owner or operator of an existing drip
				  pad, as defined in section
				  33.1-24-05-501, that does not
				  comply with the liner requirements of subdivision a of subsection 2 of section
				  33.1-24-05-504 must:
(1) Include in the closure plan for the drip
				  pad under section
				  33.1-24-05-61 both a plan for
				  complying with subsection 1 and a contingent plan for complying with subsection
				  2 in case not all contaminated subsoils can be practicably removed at closure;
				  and
(2) Prepare a contingent
				  postclosure plan under section
				  33.1-24-05-67 for complying with
				  subsection 2 in case not all contaminated subsoils can be practicably removed
				  at closure.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-507 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-508 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-509 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-510 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-511 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-512 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-513 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-514 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-515 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-516 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-517 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-518 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-519 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-520 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-521 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-522 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-523 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › DRIP PADS › Section 33.1-24-05-524 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-526 - Management prior to burning

Current through Supplement No. 393, July, 2024
1.
Generators.
Generators of hazardous waste that is burned in a
				  boiler or industrial furnace are subject to chapter 33.1-24-03.
2.
Transporters.
Transporters of
				  hazardous waste that is burned in a boiler or industrial furnace are subject to
				  33.1-24-04.
3.
Storage and
				  treatment facilities.
a. Owners and
				  operators of facilities that store or treat hazardous waste that is burned in a
				  boiler or industrial furnace are subject to the applicable provisions of
				  sections
				  33.1-24-05-01 through
				  33.1-24-05-190, sections
				  33.1-24-05-300 through
				  33.1-24-05-524, sections
				  33.1-24-05-550 through
				  33.1-24-05-559, sections
				  33.1-24-05-800 through
				  33.1-24-05-819, sections
				  33.1-24-05-950 through
				  33.1-24-05-1149, applicable
				  requirements of subsection 5 of section
				  33.1-24-06-16, and 33.1-24-06,
				  except as provided by subdivision b. These standards apply to storage and
				  treatment by the burner as well as to storage and treatment facilities operated
				  by intermediaries (processors, blenders, distributors, etc.) between the
				  generator and the burner.
b. Owners
				  and operators of facilities that burn, in an onsite boiler or industrial
				  furnace exempt from regulation under the small quantity burner provisions of
				  section 33.1-24-05-533, hazardous waste
				  that they generate are exempt from regulation under sections
				  33.1-24-05-01 through
				  33.1-24-05-190, sections
				  33.1-24-05-300 through
				  33.1-24-05-524, sections
				  33.1-24-05-550 through
				  33.1-24-05-559, sections
				  33.1-24-05-800 through
				  33.1-24-05-819, sections
				  33.1-24-05-950 through
				  33.1-24-05-1149, applicable
				  requirements of subsection 5 of section
				  33.1-24-06-16, and 33.1-24-06,
				  applicable to storage units for those storage units that store mixtures of
				  hazardous waste and the primary fuel to the boiler or industrial furnace in
				  tanks that feed the fuel mixture directly to the burner. Storage of hazardous
				  waste prior to mixing with the primary fuel is subject to regulation as
				  prescribed in subdivision a.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-527 - Permit standards for burners

Current through Supplement No. 393, July, 2024
1.
Applicability.
a. General.
				  Owners and operators of boilers and industrial furnaces burning hazardous waste
				  and not operating under interim status must comply with the requirements of
				  this section and subdivision ff of subsection 2 of section
				  33.1-24-06-17 and subsection 4
				  of section
				  33.1-24-06-19, unless exempt
				  under the small quantity burner exemption of section
				  33.1-24-05-533.
b. Applicability of sections
				  33.1-24-05-01 through
				  33.1-24-05-190,
				  33.1-24-05-300 through
				  33.1-24-05-524,
				  33.1-24-05-550 through
				  33.1-24-05-559, and
				  33.1-24-05-800 through
				  33.1-24-05-819 standards. Owners
				  and operators of boilers and industrial furnaces that burn hazardous waste are
				  subject to the following provisions of sections
				  33.1-24-05-01 through
				  33.1-24-05-190,
				  33.1-24-05-300 through
				  33.1-24-05-524,
				  33.1-24-05-550 through
				  33.1-24-05-559, and
				  33.1-24-05-800 through
				  33.1-24-05-819, except as
				  provided otherwise by sections
				  33.1-24-05-525 through
				  33.1-24-05-549:
(1) Notwithstanding any other provisions of
				  these regulations, enforcement actions may be brought pursuant to section
				  23.1-04-14 of the North Dakota Century Code or 7003 of the Resource
				  Conservation and Recovery Act;
(2)
				  In sections
				  33.1-24-05-02 through
				  33.1-24-05-14, sections
				  33.1-24-05-02 through
				  33.1-24-05-09;
(3) In sections
				  33.1-24-05-15 through
				  33.1-24-05-25, sections
				  33.1-24-05-15 through
				  33.1-24-05-20;
(4) In sections
				  33.1-24-05-26 through
				  33.1-24-05-36, sections
				  33.1-24-05-26 through
				  33.1-24-05-31;
(5) In sections
				  33.1-24-05-37 through
				  33.1-24-05-46, the applicable
				  provisions of sections
				  33.1-24-05-38 through
				  33.1-24-05-44;
(6) In sections
				  33.1-24-05-47 through
				  33.1-24-05-58, sections
				  33.1-24-05-47 and
				  33.1-24-05-58;
(7) In sections
				  33.1-24-05-59 through
				  33.1-24-05-73, sections
				  33.1-24-05-60 through
				  33.1-24-05-64;
(8) In sections
				  33.1-24-05-74 through
				  33.1-24-05-88,
				  33.1-24-05-75,
				  33.1-24-05-76,
				  33.1-24-05-77, and
				  33.1-24-05-79 through
				  33.1-24-05-81, except that the
				  state and federal governments are exempt from the requirements of sections
				  33.1-24-05-74 through
				  33.1-24-05-88; and
(9) Sections
				  33.1-24-05-420 through
				  33.1-24-05-449, except
				  subsection 1 of section
				  33.1-24-05-420.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-528 - Interim status standards for burners

Current through Supplement No. 393, July, 2024
1.
Purpose,
				  scope, applicability.
a. General.
(1) The purpose of this section is to
				  establish minimum national standards for owners and operators of "existing"
				  boilers and industrial furnaces that burn hazardous waste where such standards
				  define the acceptable management of hazardous waste during the period of
				  interim status. The standards of this section apply to owners and operators of
				  existing facilities until either a permit is issued under subsection 4 of
				  section 33.1-24-05-527 or until closure
				  responsibilities identified in this section are fulfilled.
(2) Existing or in existence means a boiler
				  or industrial furnace that on or before August 1, 1991, is either in operation
				  burning or processing hazardous waste or for which construction (including the
				  ancillary facilities to burn or to process the hazardous waste) has commenced.
				  A facility has commenced construction if the owner or operator has obtained the
				  federal, state, and local approvals or permits necessary to begin physical
				  construction; and either:
(a) A continuous
				  onsite, physical construction program has begun; or
(b) The owner or operator has entered into
				  contractual obligations, which cannot be canceled or modified without
				  substantial loss, for physical construction of the facility to be completed
				  within a reasonable time.
(3) If a boiler or industrial furnace is
				  located at a facility that already has a permit or interim status, then the
				  facility must comply with the applicable regulations dealing with permit
				  modifications in section
				  33.1-24-06-14 or changes in
				  interim status in subsection 5 of section
				  33.1-24-06-16.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-530 - Standards to control particulate matter

Current through Supplement No. 393, July, 2024
1. A boiler or
				  industrial furnace burning hazardous waste may not emit particulate matter in
				  excess of one hundred eighty milligrams per dry standard cubic meter [0.08
				  grains per dry standard cubic foot] after correction to a stack gas
				  concentration of seven percent oxygen, using procedures prescribed in 40 CFR
				  part 60, appendix A, methods 1 through 5, and appendix XXIV of chapter
				  33.1-24-05.
2. An owner or operator
				  meeting the requirements of subsection 2 of section
				  33.1-24-05-534 for the low risk
				  waste exemption is exempt from the particulate matter standard.
3. Oxygen correction.
a. Measured pollutant levels must be
				  corrected for the amount of oxygen in the stack gas according to the formula:
Click here to view
					 image
where:
Pc is the corrected concentration of
					 the pollutant in the stack gas;
Pm is the measured concentration of
					 the pollutant in the stack gas;
E is the oxygen concentration on a dry basis in the
					 combustion air fed to the device; and
Y is the measured oxygen concentration on a dry basis in
					 the stack.
b. For devices
				  that feed normal combustion air, E will equal twenty-one percent. For devices
				  that feed oxygen-enriched air for combustion (that is, air with an oxygen
				  concentration exceeding twenty-one percent), the value of E will be the
				  concentration of oxygen in the enriched air.
c. Compliance with all emission standards
				  provided by sections
				  33.1-24-05-525 through
				  33.1-24-05-549 must be based on
				  correcting to seven percent oxygen using this procedure.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-531 - Standards to control metals emission

Current through Supplement No. 393, July, 2024
1.
General.
The owner or operator must comply with the metals standards provided by
				  subsections 2, 3, 4, 5, or 6 for each metal listed in subsection 2 that is
				  present in the hazardous waste at detectable levels by using appropriate
				  analytical procedures.
2.
Tier I feed rate screening limits.
Feed rate screening limits for
				  metals are specified in appendix XVI as a function of terrain-adjusted
				  effective stack height and terrain and land use in the vicinity of the
				  facility. Criteria for facilities that are not eligible to comply with the
				  screening limits are provided in subdivision g.
a. Noncarcinogenic metals. The feed rates of
				  antimony, barium, lead, mercury, thallium, and silver in all feedstreams,
				  including hazardous waste, fuels, and industrial furnace feedstocks shall not
				  exceed the screening limits specified in appendix XVI of chapter 33.1-24-05.
(1) The feed rate screening limits for
				  antimony, barium, mercury, thallium, and silver are based on either:
(a) An hourly rolling average as defined in
				  subparagraph b of paragraph 1 of subdivision f of subsection 5 of section
				  33.1-24-05-527; or
(b) An instantaneous limit not to be exceeded
				  at any time.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-532 - Standards to control hydrogen chloride (HCl) and chlorine gas (Cl[2]) emissions

Current through Supplement No. 393, July, 2024
1.
General.
The owner or operator must comply with the hydrogen chloride and
				  chlorine controls provided by subsection 2, 3, or 5.
2.
Screening limits.
a. Tier I feed rate screening limits. Feed
				  rate screening limits are specified for total chlorine in appendix XVII as a
				  function of terrain-adjusted effective stack height and terrain and land use in
				  the vicinity of the facility. The feed rate of total chlorine and chloride,
				  both organic and inorganic, in all feedstreams, including hazardous waste,
				  fuels, and industrial furnace feedstocks, shall not exceed the levels
				  specified.
b. Tier II emission rate
				  screening limits. Emission rates screening limits for hydrogen chloride and
				  chlorine are specified in appendix XVIII as a function of terrain-adjusted
				  effective stack height and terrain and land use in the vicinity of the
				  facility. The stack emission rates of hydrogen chloride and chlorine shall not
				  exceed the levels specified.
c.
				  Definitions and limitations. The definitions and limitations provided by
				  subsection 2 of section
				  33.1-24-05-531 for the following
				  terms also apply to the screening limits provided by this subsection:
				  terrain-adjusted effective stack height, good engineering practice stack
				  height, terrain type, land use, and criteria for facilities not eligible to use
				  the screening limits.
d. Multiple
				  stacks. Owners and operators of facilities with more than one onsite stack from
				  a boiler, industrial furnace, incinerator, or other thermal treatment unit
				  subject to controls on hydrogen chloride or chlorine emissions under a
				  hazardous waste operating permit or interim status controls must comply with
				  the tier I and tier II screening limits for those stacks assuming all hazardous
				  waste is fed into the device with the worst-case stack based on dispersion
				  characteristics.
(1) The worst-case stack is
				  determined by procedures provided in subdivision f of subsection 2 of section
				  33.1-24-05-531.
(2) Under tier I, the total feed rate of
				  chlorine and chloride to all subject devices shall not exceed the screening
				  limit for the worst-case stack.
(3)
				  Under tier II, the total emissions of hydrogen chloride and chlorine from all
				  subject stacks shall not exceed the screening limit for the worst-case
				  stack.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-533 - Small quantity onsite burner exemption

Current through Supplement No. 393, July, 2024
1. Exempt quantities. Owners and operators of
				  facilities that burn hazardous waste in an onsite boiler or industrial furnace
				  are exempt from the requirements of sections
				  33.1-24-05-525
				  through
				  33.1-24-05-549 provided
				  that:
a. The quantity of hazardous waste
				  burned in a device for a calendar month does not exceed the limits provided in
				  the following table based on the terrain-adjusted effective stack height as
				  defined in subdivision c of subsection 2 of section
				  33.1-24-05-531:
Exempt Quantities for Small Quantity Burner
								  Exemption
Terrain-Adjusted Effective Stack Height of Device
								  (Meters)
Allowable Hazardous Waste Burning Rate
								  (Gallons/Month)
Terrain-Adjusted Effective Stack Height of Device
								  (Meters)
Allowable Hazardous Waste Burning Rate
								  (Gallons/Month)
0 to 3.9
0
40.0 to 44.9
210
4.0 to 5.9
13
45.0 to 49.9
260
6.0 to 7.9
18
50.0 to 54.9
330
8.0 to 9.9
27
55.0 to 59.9
400
10.0 to 11.9
40
60.0 to 64.9
490
12.0 to 13.9
48
65.0 to 69.9
610
14.0 to 15.9
59
70.0 to 74.9
680
16.0 to 17.9
69
75.0 to 79.9
760
18.0 to 19.9
76
80.0 to 84.9
850
20.0 to 21.9
84
85.0 to 89.9
960
22.0 to 23.9
93
90.0 to 94.9
1,100
24.0 to 25.9
100
95.0 to 99.9
1,200
26.0 to 27.9
110
100.0 to 104.9
1,300
28.0 to 29.9
130
105.0 to 109.9
1,500
30.0 to 34.9
140
110.0 to 114.9
1,700
35.0 to 39.9
170
115.0 or greater
1,900
b.
				  The maximum hazardous waste firing rate does not exceed at any time one percent
				  of the total fuel requirements for the device (hazardous waste plus other fuel)
				  on a total heat input or mass input basis, whichever results in the lower mass
				  feed rate of hazardous waste;
c.
				  The hazardous waste has a minimum heating value of five thousand British
				  thermal units per pound as generated; and
d. The hazardous waste fuel does not contain
				  (and is not derived from) hazardous waste number F020, F021, F022, F023, F026,
				  or F027.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-534 - Low risk waste exemption

Current through Supplement No. 393, July, 2024
1.
Waiver of
				  destruction and removal efficiency standard.
The destruction and removal
				  efficiency standard of subsection 1 of section
				  33.1-24-05-529 does not apply if
				  the boiler or industrial furnace is operated in conformance with subdivision a
				  of subsection 1 and the owner or operator demonstrates by procedures prescribed
				  in subdivision b of subsection 1 that the burning will not result in
				  unacceptable adverse health effects.
a. The
				  device shall be operated as follows:
(1) A
				  minimum of fifty percent of fuel fired to the device shall be fossil fuel,
				  fuels derived from fossil fuel, tall oil, or, if approved by the department on
				  a case-by-case basis, other nonhazardous fuel with combustion characteristics
				  comparable to fossil fuel. Such fuels are termed "primary fuel" for purposes of
				  this section. (Tall oil is a fuel derived from vegetable and rosin fatty
				  acids.) The fifty percent primary fuel firing rate shall be determined on a
				  total heat or mass input basis, whichever results in the greater mass feed rate
				  of primary fuel fired;
(2) Primary
				  fuels and hazardous waste fuels shall have a minimum as-fired heating value of
				  eight thousand British thermal units per pound;
(3) The hazardous waste is fired directly
				  into the primary fuel flame zone of the combustion chamber; and
(4) The device operates in conformance with
				  the carbon monoxide controls provided by subdivision a of subsection 2 of
				  section 33.1-24-05-529. Devices subject
				  to the exemption provided by this section are not eligible for the alternative
				  carbon monoxide controls provided by subsection 3 of section
				  33.1-24-05-529.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-536 - Standards for direct transfer

Current through Supplement No. 393, July, 2024
1.
Applicability.
The regulations in this section apply to owners and
				  operators of boilers and industrial furnaces subject to section
				  33.1-24-05-527 or
				  33.1-24-05-528 if hazardous
				  waste is directly transferred from a transport vehicle to a boiler or
				  industrial furnace without the use of a storage unit.
2.
Definitions.
a. When used in this section, the following
				  terms have the meanings given below:
(1)
				  Direct transfer equipment means any device (including such devices as piping,
				  fittings, flanges, valves, and pumps) that is used to distribute, meter, or
				  control the flow of hazardous waste between a container (for example, transport
				  vehicle) and a boiler or industrial furnace.
(2) Container means any portable device in
				  which hazardous waste is transported, stored, treated, or otherwise handled,
				  and includes transport vehicles that are containers themselves (for example,
				  tank trucks, tanker-trailers, and rail tank cars), and containers placed on or
				  in a transport vehicle.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-537 - Regulation of residues

Current through Supplement No. 393, July, 2024
A residue derived from the burning or processing of
					 hazardous waste in a boiler or industrial furnace is not excluded from the
					 definition of a hazardous waste under subdivision d, g, or h of subsection 2 of
					 section 33.1-24-02-04 unless the device
					 and the owner or operator meet the following requirements:
1. The device meets the following criteria:
a. Boilers. Boilers must burn at least fifty
				  percent coal on a total heat input or mass input basis, whichever results in
				  the greater mass feed rate of coal;
b. Ore or mineral furnaces. Industrial
				  furnaces subject to subdivision g of subsection 2 of section
				  33.1-24-02-04 must process at
				  least fifty percent by weight normal, nonhazardous raw materials; and
c. Cement kilns. Cement kilns must process at
				  least fifty percent by weight normal cement-production raw
				  materials;
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-538 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-539 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-540 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-541 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-542 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-543 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-544 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-545 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-546 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-547 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-548 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › BOILERS AND INDUSTRIAL FURNACES › Section 33.1-24-05-549 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › SPECIAL PROVISIONS FOR CLEANUP › Section 33.1-24-05-550 - Applicability of corrective action management unit (CAMU) regulations

Current through Supplement No. 393, July, 2024
1. Except as
				  provided in subsection 2, corrective action management units are subject to the
				  requirements of section
				  33.1-24-05-552.
2. Corrective action management units that
				  were approved before April 22, 2002, or for which substantially complete
				  applications (or equivalents) were submitted to the department on or before
				  November 20, 2000, are subject to the requirements in section
				  33.1-24-05-551 for grandfathered
				  corrective action management units; corrective action management unit waste,
				  activities, and design will not be subject to the standards in section
				  33.1-24-05-552, so long as the
				  waste, activities, and design remain within the general scope of the corrective
				  action management unit as approved.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19