reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-61 - Assessment of existing tank system's integrity

Current through Supplement No. 393, July, 2024
1. Tank systems must meet the secondary
				containment requirements of section 33-24-02-63, or the remanufacturer or other
				person that handles the hazardous secondary material must determine that the
				tank system is not leaking or is unfit for use. Except as provided in
				subsection 3, a written assessment reviewed and certified by a qualified
				professional engineer must be kept on file at the remanufacturer's facility or
				other facility that stores or treats the hazardous secondary material that
				attests to the tank system's integrity.
2. This assessment must determine that the
				tank system is adequately designed and has sufficient structural strength and
				compatibility with the materials to be stored or treated, to ensure that it
				will not collapse, rupture, or fail. At a minimum, this assessment must
				consider the following:
a. Design standards,
				if available, according to which the tank and ancillary equipment were
				constructed;
b. Hazardous
				characteristics of the materials that have been and will be handled;
c. Existing corrosion protection
				measures;
d. Documented age of the
				tank system, if available (otherwise, an estimate of the age); and
e. Results of a leak test, internal
				inspection, or other tank integrity examination such that:
(1) For nonenterable underground tanks, the
				assessment must include a leak test that is capable of taking into account the
				effects of temperature variations, tank end deflection, vapor pockets, and high
				water table effects; and
(2) For
				other than non-enterable underground tanks and for ancillary equipment, this
				assessment must include either a leak test, as described above, or other
				integrity examination that is certified by a qualified professional engineer
				that addresses cracks, leaks, corrosion, and erosion.
[Note: The practices described in the American Petroleum
				  Institute (API) Publication, Guide for Inspection of Refinery Equipment,
				  Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition, 1981,
				  may be used, where applicable, as guidelines in conducting other than a leak
				  test.]
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-63 - Containment and detection of releases

Current through Supplement No. 393, July, 2024
1.
				Secondary containment systems must be:
a.
				Designed, installed, and operated to prevent any migration of materials or
				accumulated liquid out of the system to the soil, ground water, or surface
				water at any time during the use of the tank system; and
b. Capable of detecting and collecting
				releases and accumulated liquids until the collected material is removed.
[Note to subsection 1: If the collected material is a
				  hazardous waste under this chapter, it is subject to management as a hazardous
				  waste in accordance with all applicable requirements of chapters 33-24-03 and
				  33-24-04, sections
				  33-24-05-01 through 33-24-05-559,
				  33-24-05-800 through 33-24-05-929
				  and subsection 5 of section
				  33-24-06-16. If the collected
				  material is discharged through a point source to waters of the United States,
				  it is subject to the requirements of sections 301, 304, and 402 of the Clean
				  Water Act, as amended. If discharged to a publicly owned treatment works, it is
				  subject to the requirements of section 307 of the Clean Water Act, as amended.
				  If the collected material is released to the environment, it may be subject to
				  the reporting requirements of 40 CFR part 302.]
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-64 - General operating requirements

Current through Supplement No. 393, July, 2024
1.
				Hazardous secondary materials or treatment reagents must not be placed in a
				tank system if they could cause the tank, its ancillary equipment, or the
				containment system to rupture, leak, corrode, or otherwise fail.
2. The remanufacturer or other person that
				stores or treats the hazardous secondary material must use appropriate controls
				and practices to prevent spills and overflows from tank or containment systems.
				These include at a minimum:
a. Spill
				prevention controls (for example, check valves, dry disconnect
				couplings);
b. Overfill prevention
				controls (for example, level sensing devices, high level alarms, automatic feed
				cutoff, or bypass to a standby tank); and
c. Maintenance of sufficient freeboard in
				uncovered tanks to prevent overtopping by wave or wind action or by
				precipitation.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-66 - Response to leaks or spills and disposition of leaking or unfit-for-use tank systems

Current through Supplement No. 393, July, 2024
A tank system or secondary containment system from which
				  there has been a leak or spill, or which is unfit for use, must be removed from
				  service immediately, and the remanufacturer or other person that stores or
				  treats the hazardous secondary material shall satisfy the following
				  requirements:
1. Cessation of use;
				prevent flow or addition of materials. The remanufacturer or other person that
				stores or treats the hazardous secondary material immediately shall stop the
				flow of hazardous secondary material into the tank system or secondary
				containment system and inspect the system to determine the cause of the
				release.
2. Removal of material
				from tank system or secondary containment system.
a. If the release was from the tank system,
				the remanufacturer or other person that stores or treats the hazardous
				secondary material, within twenty-four hours after detection of the leak or, if
				the remanufacturer or other person that stores or treats the hazardous
				secondary material demonstrates that it is not possible, at the earliest
				practicable time, shall remove as much of the material as is necessary to
				prevent further release of hazardous secondary material to the environment and
				to allow inspection and repair of the tank system to be performed.
b. If the material released was to a
				secondary containment system, all released materials must be removed within
				twenty-four hours or in as timely a manner as is possible to prevent harm to
				human health and the environment.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-67 - Termination of remanufacturing exclusion

Current through Supplement No. 393, July, 2024
Hazardous secondary material stored in units more than ninety
				  days after the unit ceases to operate under the remanufacturing exclusion at
				  paragraph z of subsection 1 of section
				  33-24-02-04 or otherwise ceases to
				  be operated for manufacturing, or for storage of a product or a raw material,
				  then becomes subject to regulation as hazardous waste under 33-24-02 through
				  33-24-04, 33-24-06, 33-24-07, sections
				  33-24-05-01 through 33-24-05-559,
				  33-24-05-800 through 33-24-05-929
				  and subsection 5 of section
				  33-24-06-16, as
				  applicable.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-68 - Special requirements for ignitable or reactive materials

Current through Supplement No. 393, July, 2024
1. Ignitable or reactive material must not be
				placed in tank systems, unless the material is stored or treated in such a way
				that it is protected from any material or conditions that may cause the
				material to ignite or react.
2. The
				remanufacturer or other person that stores or treats hazardous secondary
				material that is ignitable or reactive shall store or treat the hazardous
				secondary material in a tank that is in compliance with the requirements for
				the maintenance of protective distances between the material management area
				and any public ways, streets, alleys, or an adjoining property line that can be
				built upon as required in Tables 2-1 through 2-6 of the National Fire
				Protection Association's "Flammable and Combustible Liquids Code," (1977 or
				1981), incorporated by reference, see section
				33-24-01-05.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-69 - Special requirements for incompatible materials

Current through Supplement No. 393, July, 2024
1. Incompatible materials must not be placed
				in the same tank system.
2.
				Hazardous secondary material must not be placed in a tank system that has not
				been decontaminated and which previously held an incompatible
				material.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-70 - Air emission standards

Current through Supplement No. 393, July, 2024
The remanufacturer or other person that stores or treats the
				  hazardous secondary material shall manage all hazardous secondary material
				  placed in a tank in accordance with the applicable requirements of sections
				  33-24-02-170 through 33-24-02-214.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-120 - Applicability of emergency preparedness and response for management of excluded hazardous secondary materials

Current through Supplement No. 393, July, 2024
The requirements of sections 33-24-02-120 through
				  33-24-02-129 apply to those areas of an entity managing hazardous secondary
				  materials excluded under subdivision x or y, or both, of subsection 1 of
				  section 33-24-02-04 where hazardous
				  secondary materials are generated or accumulated on site.
1. A generator of hazardous secondary
				material, or an intermediate or reclamation facility operating under a verified
				recycler variance under subsection 4 of section
				33-24-01-10, which accumulates six
				thousand kilograms or less of hazardous secondary material at any time shall
				comply with sections 33-24-02-121 and 33-24-02-122.
2. A generator of hazardous secondary
				material, or an intermediate or reclamation facility operating under a verified
				recycler variance under subsection 4 of section
				33-24-01-10 which accumulates more
				than six thousand kilograms of hazardous secondary material at any time shall
				comply with sections 33-24-02-121 and 33-24-02-129.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-121 - Preparedness and prevention

Current through Supplement No. 393, July, 2024
1.
				Maintenance and operation of facility. Facilities generating or accumulating
				hazardous secondary material must be maintained and operated to minimize the
				possibility of a fire, explosion, or any unplanned sudden or nonsudden release
				of hazardous secondary materials or hazardous secondary material constituents
				to air, soil, or surface water which could threaten human health or the
				environment.
2. Required equipment.
				All facilities generating or accumulating hazardous secondary material must be
				equipped with the following, unless none of the hazards posed by hazardous
				secondary material handled at the facility could require a particular kind of
				equipment specified below:
a. An internal
				communications or alarm system capable of providing immediate emergency
				instruction (voice or signal) to facility personnel;
b. A device, such as a telephone (immediately
				available at the scene of operations) or a hand-held two-way radio, capable of
				summoning emergency assistance from local police departments, fire departments,
				or state or local emergency response teams;
c. Portable fire extinguishers, fire control
				equipment (including special extinguishing equipment, such as that using foam,
				inert gas, or dry chemicals), spill control equipment, and decontamination
				equipment; and
d. Water at adequate
				volume and pressure to supply water hose streams, or foam producing equipment,
				or automatic sprinklers, or water spray systems.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-122 - Emergency procedures for facilities generating or accumulating of six thousand kilograms or less of hazardous secondary material

Current through Supplement No. 393, July, 2024
A generator or an intermediate or reclamation facility
				  operating under a verified recycler variance under subsection 4 of section
				  33-24-01-10 which generates or
				  accumulates six thousand kilograms or less of hazardous secondary material
				  shall comply with the following requirements:
1. At all times there must be at least one
				employee either on the premises or on call (for example, available to respond
				to an emergency by reaching the facility within a short period of time) with
				the responsibility for coordinating all emergency response measures specified
				in subsection 4. This employee is the emergency coordinator.
2. The generator or intermediate or
				reclamation facility operating under a verified recycler variance under
				subsection 4 of section
				33-24-01-10 shall post the
				following information next to the telephone:
a. The name and telephone number of the
				emergency coordinator;
b. Location
				of fire extinguishers and spill control material, and, if present, fire alarm;
				and
c. The telephone number of the
				fire department, unless the facility has a direct alarm.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-129 - Contingency planning and emergency procedures for facilities generating or accumulating more than six thousand kilograms of hazardous secondary material

Current through Supplement No. 393, July, 2024
A generator or an intermediate or reclamation facility
				  operating under a verified recycler variance under subsection 4 of section
				  33-24-01-10 which generates or
				  accumulates more than six thousand kilograms of hazardous secondary material
				  shall comply with the following requirements:
1. Purpose and implementation of contingency
				plan.
a. Each generator or an intermediate or
				reclamation facility operating under a verified recycler variance under
				subsection 4 of section
				33-24-01-10 which accumulates more
				than six thousand kilograms of hazardous secondary material shall have a
				contingency plan for the facility. The contingency plan must be designed to
				minimize hazards to human health or the environment from fires, explosions, or
				any unplanned sudden or nonsudden release of hazardous secondary material or
				hazardous secondary material constituents to air, soil, or surface
				water.
b. The provisions of the
				plan must be carried out immediately whenever there is a fire, explosion, or
				release of hazardous secondary material or hazardous secondary material
				constituents that could threaten human health or the environment.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-170 - Applicability to air emission standards for process vents

Current through Supplement No. 393, July, 2024
The requirements of sections 33-24-02-170 through
				  33-24-02-179 apply to process vents associated with distillation,
				  fractionation, thin-film evaporation, solvent extraction, or air or steam
				  stripping operations that manage hazardous secondary materials excluded under
				  the remanufacturing exclusion at subdivision z of subsection 1 of section
				  33-24-02-04 with concentrations of
				  at least ten parts per million weight, unless the process vents are equipped
				  with operating air emission controls in accordance with the requirements of an
				  applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or
				  part 63.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-172 - Standards - Process vents

Current through Supplement No. 393, July, 2024
1. The
				remanufacturer or other person that stores or treats hazardous secondary
				materials in hazardous secondary material management units with process vents
				associated with distillation, fractionation, thin-film evaporation, solvent
				extraction, or air or steam stripping operations managing hazardous secondary
				material with organic concentrations of at least ten parts per million weight
				either shall:
a. Reduce total organic
				emissions from all affected process vents at the facility below one and
				four-tenths kilograms per hour (three pounds per hour) and two and eight-tenths
				megagrams per year (three and one-tenth tons per year), or
b. Reduce, by use of a control device, total
				organic emissions from all affected process vents at the facility by
				ninety-five weight percent.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-173 - Standards - Closed-vent systems and control devices

Current through Supplement No. 393, July, 2024
1. Requirements for remanufacturers or other
				persons of closed-vent systems and control devices.
a. The remanufacturer or other person that
				stores or treats the hazardous secondary materials in hazardous secondary
				material management units using closed-vent systems and control devices used to
				comply with provisions of sections 33-24-02-170 through 33-24-02-179 shall
				comply with the provisions of this section.
b. The remanufacturer or other person that
				stores or treats the hazardous secondary materials in existing hazardous
				secondary material management units who cannot install a closed-vent system and
				control device to comply with the provisions of sections 33-24-02-170 through
				33-24-02-179 on the effective date that the hazardous secondary material
				management units become subject to the provisions of sections 33-24-02-170
				through 33-24-02-179 shall prepare an implementation schedule that includes
				dates by which the closed-vent system and control device will be installed and
				in operation. The controls must be installed as soon as possible, but the
				implementation schedule may allow up to thirty months after the effective date
				that the hazardous secondary material management units become subject to
				sections 33-24-02-170 through 33-24-02-179 for installation and start-up. The
				remanufacturer or other person that stores or treats the hazardous secondary
				materials shall enter the implementation schedule in the operating record
				located onsite. All hazardous secondary material management units that begin
				operation after July 13, 2015, and are subject to the provisions of sections
				33-24-02-170 through 33-24-02-179 when operation begins, shall comply with
				sections 33-24-02-170 through 33-24-02-179 immediately (for example, must have
				control devices installed and operating on start-up of the affected unit); the
				thirty month implementation schedule does not apply.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-174 - Test methods and procedures

Current through Supplement No. 393, July, 2024
1. Each
				remanufacturer or other person that stores or treats the hazardous secondary
				material subject to the provisions of sections 33-24-02-170 through
				33-24-02-179 shall comply with the test methods and procedural requirements
				provided in this section.
2. When a
				closed-vent system is tested for compliance with no detectable emissions, as
				required in subsection 12 of section 33-24-02-173, the test must comply with
				the following requirements:
a. Monitoring
				must comply with Reference Method 21 in 40 CFR part 60.
b. The detection instrument must meet the
				performance criteria of Reference Method 21.
c. The instrument must be calibrated before
				use on each day of its use by the procedures specified in Reference Method
				21.
d. Calibration gases must be:
(1) Zero air (less than ten parts per million
				hydrocarbon in air).
(2) A mixture
				of methane or n-hexane and air at a concentration of approximately, but less
				than, ten thousand parts per million methane or n-hexane.
e. The background level must be determined as
				set forth in Reference Method 21.
f. The instrument probe must be traversed
				around all potential leak interfaces as close to the interface as possible as
				described in Reference Method 21.
g. The arithmetic difference between the
				maximum concentration indicated by the instrument and the background level is
				compared with five hundred parts per million for determining
				compliance.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-175 - Recordkeeping requirements

Current through Supplement No. 393, July, 2024
1.
				Applicability.
a. Each remanufacturer or
				other person that stores or treats the hazardous secondary material subject to
				the provisions of sections 33-24-02-170 through 33-24-02-179 shall comply with
				the recordkeeping requirements of this section.
b. A remanufacturer or other person that
				stores or treats the hazardous secondary material of more than one hazardous
				secondary material management unit subject to the provisions of sections
				33-24-02-170 through 33-24-02-179 may comply with the recordkeeping
				requirements for these hazardous secondary material management units in one
				recordkeeping system if the system identifies each record by each hazardous
				secondary material management unit.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-180 - Applicability to air emission standards for equipment leaks

Current through Supplement No. 393, July, 2024
The requirements of sections 33-24-02-180 through
				  33-24-02-199 apply to equipment that contains hazardous secondary materials
				  excluded under the remanufacturing exclusion at subdivision z of subsection 1
				  of section
				  33-24-02-04, unless the equipment
				  operations are subject to the requirements of an applicable Clean Air Act
				  regulation codified under 40 CFR part 60, part 61, or part
				  63.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-181 - Definitions

Current through Supplement No. 393, July, 2024
As used in sections 33-24-02-180 through 33-24-02-199, all
				  terms not defined herein have the meaning given them in chapter 23-20.3,
				  33-24-01 through 33-24-05 and section
				  33-24-05-401, as amended at
				  section 33-24-02-171.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-182 - Standards - Pumps in light liquid service

Current through Supplement No. 393, July, 2024
1. Timeframe.
a. Each pump in light liquid service must be
				monitored monthly to detect leaks by the methods specified in subsection 2 of
				section 33-24-02-193, except as provided in subsections 4, 5 and 6.
b. Each pump in light liquid service must be
				checked by visual inspection each calendar week for indications of liquids
				dripping from the pump seal.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-183 - Standards - Compressors

Current through Supplement No. 393, July, 2024
1. Each
				compressor must be equipped with a seal system that includes a barrier fluid
				system and which prevents leakage of total organic emissions to the atmosphere,
				except as provided in subsections 8 and 9.
2. Each compressor seal system as required in
				subsection 1 must be:
a. Operated with the
				barrier fluid at a pressure that is at all times greater than the compressor
				stuffing box pressure;
b. Equipped
				with a barrier fluid system that is connected by a closed-vent system to a
				control device that complies with the requirements of section 33-24-02-190;
				or
c. Equipped with a system that
				purges the barrier fluid into a hazardous secondary material stream with no
				detectable emissions to atmosphere.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-184 - Standards - Pressure relief devices in gas or vapor service

Current through Supplement No. 393, July, 2024
1. Except during pressure releases, each
				pressure relief device in gas or vapor service must be operated with no
				detectable emissions, as indicated by an instrument reading of less than five
				hundred parts per million above background, as measured by the method specified
				in subsection 3 of section 33-24-02-193.
2. Pressure release.
a. After each pressure release, the pressure
				relief device must be returned to a condition of no detectable emissions, as
				indicated by an instrument reading of less than five hundred parts per million
				above background, as soon as practicable, but no later than five calendar days
				after each pressure release, except as provided in section
				33-24-02-189.
b. No later than five
				calendar days after the pressure release, the pressure relief device must be
				monitored to confirm the condition of no detectable emissions, as indicated by
				an instrument reading of less than five hundred parts per million above
				background, as measured by the method specified in subsection 3 of section
				33-24-02-193.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-185 - Standards - Sampling connection systems

Current through Supplement No. 393, July, 2024
1. Each sampling connection system must be
				equipped with a closed-purge, closed-loop, or closed-vent system. This system
				must collect the sample purge for return to the process or for routing to the
				appropriate treatment system. Gases displaced during filling of the sample
				container are not required to be collected or captured.
2. Each closed-purge, closed-loop, or
				closed-vent system as required in subsection 1 must meet one of the following
				requirements:
a. Return the purged process
				fluid directly to the process line;
b. Collect and recycle the purged process
				fluid; or
c. Be designed and
				operated to capture and transport all the purged process fluid to a material
				management unit that complies with the applicable requirements of sections
				33-24-02-204 through 33-24-02-206 or a control device that complies with the
				requirements of section 33-24-02-190.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-186 - Standards - Open-ended valves or lines

Current through Supplement No. 393, July, 2024
1.
				Requirements.
a. Each open-ended valve or
				line must be equipped with a cap, blind flange, plug, or a second
				valve.
b. The cap, blind flange,
				plug, or second valve must seal the open end at all times except during
				operations requiring hazardous secondary material stream flow through the
				open-ended valve or line.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-187 - Standards - Valves in gas or vapor service or in light liquid service

Current through Supplement No. 393, July, 2024
1. Each valve in gas or vapor or light liquid
				service must be monitored monthly to detect leaks by the methods specified in
				subsection 2 of section 33-24-02-193 and must comply with subsections 2 through
				5, except as provided in subsections 6, 7, and 8, and sections 33-24-02-191 and
				33-24-02-192.
2. If an instrument
				reading of ten thousand parts per million or greater is measured, a leak is
				detected.
3. Timeframe.
a. Any valve for which a leak is not detected
				for two successive months may be monitored the first month of every succeeding
				quarter, beginning with the next quarter, until a leak is detected.
b. If a leak is detected, the valve must be
				monitored monthly until a leak is not detected for two successive
				months.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-188 - Standards - Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors

Current through Supplement No. 393, July, 2024
1. Pumps and valves
				in heavy liquid service, pressure relief devices in light liquid or heavy
				liquid service, and flanges and other connectors must be monitored within five
				days by the method specified in subsection 2 of section 33-24-02-193 if
				evidence of a potential leak is found by visual, audible, olfactory, or any
				other detection method.
2. If an
				instrument reading of ten thousand parts per million or greater is measured, a
				leak is detected.
3. Timeframe.
a. When a leak is detected, it must be
				repaired as soon as practicable, but not later than fifteen calendar days after
				it is detected, except as provided in section 33-24-02-189.
b. The first attempt at repair must be made
				no later than five calendar days after each leak is detected.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-189 - Standards - Delay of repair

Current through Supplement No. 393, July, 2024
1. Delay of
				repair of equipment for which leaks have been detected will be allowed if the
				repair is technically infeasible without a hazardous secondary material
				management unit shutdown. In such a case, repair of this equipment must occur
				before the end of the next hazardous secondary material management unit
				shutdown.
2. Delay of repair of
				equipment for which leaks have been detected will be allowed for equipment that
				is isolated from the hazardous secondary material management unit and that does
				not continue to contain or contact hazardous secondary material with organic
				concentrations at least ten percent by weight.
3. Delay of repair for valves will be allowed
				if:
a. The remanufacturer or other person
				that stores or treats the hazardous secondary material determines that
				emissions of purged material resulting from immediate repair are greater than
				the emissions likely to result from delay of repair.
b. When repair procedures are effected, the
				purged material is collected and destroyed or recovered in a control device
				complying with section 33-24-02-190.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-191 - Alternative standards for valves in gas or vapor service or in light liquid service - Percentage of valves allowed to leak

Current through Supplement No. 393, July, 2024
1. A remanufacturer or other person that
				stores or treats the hazardous secondary material subject to the requirements
				of section 33-24-02-187 may elect to have all valves within a hazardous
				secondary material management unit comply with an alternative standard that
				allows no greater than two percent of the valves to leak.
2. The following requirements must be met if
				a remanufacturer or other person that stores or treats the hazardous secondary
				material decides to comply with the alternative standard of allowing two
				percent of valves to leak:
a. A performance
				test as specified in subsection 3 must be conducted initially upon designation,
				annually, and at other times requested by the department.
b. If a valve leak is detected, it must be
				repaired in accordance with subsections 4 and 5 of section
				33-24-02-187.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-192 - Alternative standards for valves in gas or vapor service or in light liquid service - Skip period leak detection and repair

Current through Supplement No. 393, July, 2024
1. A remanufacturer or other person that
				stores or treats the hazardous secondary material subject to the requirements
				of section 33-24-02-187 may elect for all valves within a hazardous secondary
				material management unit to comply with one of the alternative work practices
				specified in subdivisions b and c of subsection 2.
2. Requirements.
a. A remanufacturer or other person that
				stores or treats the hazardous secondary material shall comply with the
				requirements for valves, as described in section 33-24-02-187, except as
				described in subdivisions b and c.
b. After two consecutive quarterly leak
				detection periods with the percentage of valves leaking equal to or less than
				two percent, a remanufacturer or other person that stores or treats the
				hazardous secondary material may begin to skip one of the quarterly leak
				detection periods (for example, monitor for leaks once every six months) for
				the valves subject to the requirements in section 33-24-02-187.
c. After five consecutive quarterly leak
				detection periods with the percentage of valves leaking equal to or less than
				two percent, a remanufacturer or other person that stores or treats the
				hazardous secondary material may begin to skip three of the quarterly leak
				detection periods (for example, monitor for leaks once every year) for the
				valves subject to the requirements in section 33-24-02-187.
d. If the percentage of valves leaking is
				greater than two percent, the remanufacturer or other person that stores or
				treats the hazardous secondary material shall monitor monthly in compliance
				with the requirements in section 33-24-02-187, but may again elect to use this
				section after meeting the requirements of subdivision a of subsection 3 of
				section 33-24-02-187.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-193 - Test methods and procedures

Current through Supplement No. 393, July, 2024
1. Each
				remanufacturer or other person that stores or treats the hazardous secondary
				material subject to the provisions of sections 33-24-02-180 through
				33-24-02-199 shall comply with the test methods and procedures requirements
				provided in this section.
2. Leak
				detection monitoring, as required in sections 33-24-02-182 through
				33-24-02-192, must comply with the following requirements:
a. Monitoring must comply with Reference
				Method 21 in 40 CFR part 60.
b. The
				detection instrument must meet the performance criteria of Reference Method
				21.
c. The instrument must be
				calibrated before use on each day of its use by the procedures specified in
				Reference Method 21.
d. Calibration
				gases must be:
(1) Zero air (less than ten
				parts per million of hydrocarbon in air).
(2) A mixture of methane or n-hexane and air
				at a concentration of approximately, but less than, ten thousand parts per
				million methane or nhexane.
e. The instrument probe must be traversed
				around all potential leak interfaces as close to the interface as possible as
				described in Reference Method 21.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-194 - Recodkeeping requirements

Current through Supplement No. 393, July, 2024
1.
				Remanufacturer or other person that stores or treats the hazardous secondary
				material.
a. Each remanufacturer or other
				person that stores or treats the hazardous secondary material subject to the
				provisions of sections 33-24-02-180 through 33-24-02-199 shall comply with the
				recordkeeping requirements of this section.
b. A remanufacturer or other person that
				stores or treats the hazardous secondary material in more than one hazardous
				secondary material management unit subject to the provisions of sections
				33-24-02-180 through 33-24-02-199 may comply with the recordkeeping
				requirements for these hazardous secondary material management units in one
				recordkeeping system if the system identifies each record by each hazardous
				secondary material management unit.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-200 - Applicability to air emission standards for tanks and containers

Current through Supplement No. 393, July, 2024
1. The requirements of sections 33-24-02-200
				through 33-24-02-214 apply to tanks and containers that contain hazardous
				secondary materials excluded under the remanufacturing exclusion at subdivision
				z of subsection 1 of section
				33-24-02-04, unless the tanks and
				containers are equipped with and operating air emission controls in accordance
				with the requirements of an applicable Clean Air Act regulation codified under
				40 CFR part 60, part 61, or part 63.
2. [Reserved]
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-201 - Definitions

Current through Supplement No. 393, July, 2024
As used in sections 33-24-02-200 through 33-24-02-214, all
				  terms not defined herein have the meaning given them in chapter 23-20.3,
				  33-24-01 through 33-24-05 and section
				  33-24-05-451.
1. "Average volatile organic concentration or
				average VO concentration" means the mass-weighted average volatile organic
				concentration of a hazardous secondary material as determined in accordance
				with the requirements of section 33-24-02-204.
2. "Cover" means a device that provides a
				continuous barrier over the hazardous secondary material managed in a unit to
				prevent or reduce air pollutant emissions to the atmosphere. A cover may have
				openings (such as access hatches, sampling ports, gauge wells) that are
				necessary for operation, inspection, maintenance, and repair of the unit on
				which the cover is used. A cover may be a separate piece of equipment which can
				be detached and removed from the unit or a cover may be formed by structural
				features permanently integrated into the design of the unit.
3. "Empty hazardous secondary material
				container" means:
a. A container from which
				all hazardous secondary materials have been removed that can be removed using
				the practices commonly employed to remove materials from that type of
				container, for example, pouring, pumping, and aspirating, and no more than two
				and one-half centimeters (one inch) of residue remain on the bottom of the
				container or inner liner,
b. A
				container that is less than or equal to one hundred nineteen gallons in size
				and no more than three percent by weight of the total capacity of the container
				remains in the container or inner liner, or
c. A container that is greater than one
				hundred nineteen gallons in size and no more than three-tenths of one percent
				by weight of the total capacity of the container remains in the container or
				inner liner.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-202 - Standards - General

Current through Supplement No. 393, July, 2024
1. This section
				applies to the management of hazardous secondary material in tanks and
				containers subject to sections 33-24-02-200 through 33-24-02-214.
2. The remanufacturer or other person that
				stores or treats the hazardous secondary material shall control air pollutant
				emissions from each hazardous secondary material management unit in accordance
				with standards specified in sections 33-24-02-204 through 33-24-02-207, as
				applicable to the hazardous secondary material management unit, except as
				provided for in subsection 3.
3. A
				tank or container is exempt from standards specified in sections 33-24-02-204
				through 33-24-02-207, as applicable, provided that the hazardous secondary
				material management unit is a tank or container for which all hazardous
				secondary material entering the unit has an average VO concentration at the
				point of material origination of less than five hundred parts per million by
				weight. The average VO concentration must be determined using the procedures
				specified in subsection 1 of section 33-24-02-203. The remanufacturer or other
				person that stores or treats the hazardous secondary material shall review and
				update, as necessary, this determination at least once every twelve months
				following the date of the initial determination for the hazardous secondary
				material streams entering the unit.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-203 - Material determination procedures

Current through Supplement No. 393, July, 2024
1.
				Material determination procedure to determine average volatile organic (VO)
				concentration of a hazardous secondary material at the point of material
				origination.
a. A remanufacturer or other
				person that stores or treats the hazardous secondary material shall determine
				the average VO concentration at the point of material origination for each
				hazardous secondary material placed in a hazardous secondary material
				management unit exempted under the provisions of subdivision a of subsection 3
				of section 33-24-02-202 from using air emission controls in accordance with
				standards specified in sections 33-24-02-204 through 33-24-02-207, as
				applicable to the hazardous secondary material management unit.
(1) An initial determination of the average
				VO concentration of the material stream must be made before the first time any
				portion of the material in the hazardous secondary material stream is placed in
				a hazardous secondary material management unit exempted under the provisions of
				subdivision a of subsection 3 of section 33-24-02-202 from using air emission
				controls, and thereafter an initial determination of the average VO
				concentration of the material stream must be made for each averaging period
				that a hazardous secondary material is managed in the unit; and
(2) Perform a new material determination
				whenever changes to the source generating the material stream are reasonably
				likely to cause the average VO concentration of the hazardous secondary
				material to increase to a level that is equal to or greater than the applicable
				VO concentration limits specified in section 33-24-02-202.