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 › AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS › Section 33.1-24-05-450 - Applicability to air emission standards for tanks, surface impoundments, and containers

Current through Supplement No. 393, July, 2024
1. The requirements
				  of sections 33.1-24-05-450 through
				  33.1-24-05-474 apply to owners
				  and operators of all facilities that treat, store, or dispose of hazardous
				  waste in tanks, surface impoundments, or containers subject to either sections
				  33.1-24-05-89 through
				  33.1-24-05-129 except as section
				  33.1-24-05-01 and subsection 2
				  provide otherwise.
2. The
				  requirements of sections 33.1-24-05-450 through
				  33.1-24-05-474 do not apply to
				  the following waste management units at the facility:
a. A waste management unit that holds
				  hazardous waste placed in the unit before December 6, 1996, and in which no
				  hazardous waste is added to the unit on or after December 6, 1996.
b. A container that has a design capacity
				  less than or equal to 26.417 gallons [0.1
				  meters3].
c. A tank in which an owner or operator has
				  stopped adding hazardous waste and the owner or operator has begun implementing
				  or completed closure pursuant to an approved closure plan.
d. A surface impoundment in which an owner or
				  operator has stopped adding hazardous waste (except to implement an approved
				  closure plan) and the owner or operator has begun implementing or completed
				  closure pursuant to an approved closure plan.
e. A waste management unit that is used
				  solely for onsite treatment or storage of hazardous waste that is placed in the
				  unit as a result of implementing remedial activities required under the
				  corrective action authorities of Resource Conservation and Recovery Act
				  sections 3004(u), 3004(v), or 3008(h); Comprehensive Environmental Response,
				  Compensation and Liability Act authorities, or similar federal or state
				  authorities.
f. A waste management
				  unit that is used solely for the management of radioactive mixed waste in
				  accordance with all applicable regulations under the authority of the Atomic
				  Energy Act and the Nuclear Waste Policy Act.
g. A hazardous waste management unit that the
				  owner or operator certifies is 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. For the purpose
				  of complying with this subdivision, a tank for which the air emission control
				  includes an enclosure, as opposed to a cover, must be in compliance with the
				  enclosure and control device requirements of subsection 9 of section
				  33.1-24-05-454, except as
				  provided in subdivision e of subsection 3 of section
				  33.1-24-05-452.
h. A tank that has a process vent as defined
				  in section
				  33.1-24-05-401.