reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-54 - Significant changes

Current through Supplement No. 393, July, 2024
1. The permittee
				shall first provide notice of and conduct a public meeting.
a. Public meeting. The permittee shall hold a
				meeting with the public to solicit questions from the community and inform the
				community of the permittee's proposed modifications to the permittee's
				hazardous waste management activities. The permittee must post a sign-in sheet
				or otherwise provide a voluntary opportunity for people attending the meeting
				to provide their names and addresses.
b. Public notice. At least thirty days before
				planning to hold the meeting, the permittee shall issue a public notice in
				accordance with the requirements of subsection 4 of section
				33.1-24-07-25.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-01 - Applicability (technical standards and corrective action)

Current through Supplement No. 393, July, 2024
1. The requirements
				of this chapter apply to all owners and operators of an underground storage
				tank system as defined in section
				33.1-24-08-03, except as
				otherwise provided in subsections 2, 3, and 4. Any underground storage tank
				system listed in subsection 3 must meet the requirements of section
				33.1-24-08-02.
a. Previously deferred underground storage
				tank systems. Airport hydrant fuel distribution systems, underground storage
				tank systems with field-constructed tanks, and underground storage tank systems
				that store fuel solely for use by emergency power generators must meet the
				requirements of this chapter as follows:
(1)
				Airport hydrant fuel distribution systems and underground storage tank systems
				with field-constructed tanks must meet the requirements in sections
				33.1-24-08-70 through
				33.1-24-08-72.
(2) Underground storage tank systems that
				store fuel solely for use by emergency power generators installed on or before
				April 1, 2018, must meet the sections
				33.1-24-08-30 through
				33.1-24-08-35 requirements on or
				before April 1, 2021.
(3)
				Underground storage tank systems that store fuel solely for use by emergency
				power generators installed after April 1, 2018, must meet all applicable
				requirements of this chapter at installation.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-02 - Installation requirements for partially excluded underground storage tank systems

Current through Supplement No. 393, July, 2024
1. Owners and
				operators installing an underground storage tank system listed in subsection 3
				of section
				33.1-24-08-01 for the purpose of
				storing regulated substances (whether of single-wall or double-wall
				construction) shall meet the following requirements:
a. Will prevent releases due to corrosion or
				structural failure for the operational life of the underground storage tank
				system;
b. Is cathodically
				protected against corrosion, constructed of noncorrodible material, steel clad
				with a noncorrodible material, or designed in a manner to prevent the release
				or threatened release of any stored substance; and
c. Is constructed or lined with material that
				is compatible with the stored substance.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-11 - Upgrading of existing underground storage tank systems

Current through Supplement No. 393, July, 2024
Owners and operators must permanently close (in accordance
				  with sections
				  33.1-24-08-60 through
				  33.1-24-08-64) any underground
				  storage tank system that does not meet the new underground storage tank system
				  performance standards in section
				  33.1-24-08-10 or has not been
				  upgraded in accordance with subsections 2 through 4. This does not apply to
				  previously deferred underground storage tank systems described in sections
				  33.1-24-08-70 to
				  33.1-24-08-72 and where an
				  upgrade is determined to be appropriate by the department.
1.
Alternatives allowed.
All
				existing underground storage tank systems must comply with one of the following
				requirements:
a. New underground storage tank
				system performance standards under section 33.1.-24-08-10;
b. The upgrading requirements in subsections
				2 through 4; or
c. Closure
				requirements under sections
				33.1-24-08-60 through
				33.1-24-08-64, including
				applicable requirements for corrective action under sections
				33.1-24-08-50 through
				33.1-24-08-57.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-12 - Notification requirements

Current through Supplement No. 393, July, 2024
1. After May 8,
				1986, an owner must submit notice of a tank system's existence to the
				department within thirty days of bringing the underground storage tank system
				into use. Owners must use the form prescribed in appendix I.
NOTE: Owners and operators of underground storage tank
				  systems that were in the ground on or after May 8, 1986, unless taken out of
				  operation on or before January 1, 1974, were required to notify the designated
				  state or local agency in accordance with the Hazardous and Solid Waste
				  Amendments of 1984, Public Law 98-616, on a form published by the environmental
				  protection agency on November 8, 1985, (50 Federal Register 46602) unless
				  notice was given pursuant to section 103(c) of the Comprehensive Environmental
				  Response, Compensation, and Liability Act of 1980. Owners and operators who
				  have not complied with the notification requirements may use portions I through
				  VI of the notification form contained in appendix I.
2. Within thirty days of acquisition, any
				person who assumes ownership of a regulated underground storage tank system,
				except as described in subsection 1, must submit a notice of the ownership
				change to the department, using the form in appendix I, state form in
				accordance with subsection 3.
3.
				Owners required to submit notices under subsections 1 and 2 must provide
				notices to the department for each tank they own. Owners may provide notice for
				several tanks using one notification form, but owners who own tanks located at
				more than one place of operation must file a separate notification form for
				each separate place of operation.
4. Notices required to be submitted under
				subsection 1 must provide all of the information in sections I through VI of
				the prescribed form for each tank for which notice must be given.
5. All owners and operators of new
				underground storage tank systems must certify in the notification form
				compliance with the following requirements:
a. Installation of tanks and piping under
				subsection 6 of section
				33.1-24-08-10;
b. Cathodic protection of steel tanks and
				piping under subsections 1 and 2 of section
				33.1-24-08-10;
c. Financial responsibility under sections
				33.1-24-08-80 through
				33.1-24-08-106; and
d. Release detection under sections
				33.1-24-08-31 and
				33.1-24-08-32.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-20 - Spill and overfill control

Current through Supplement No. 393, July, 2024
1. Owners and
				operators must ensure that releases due to spilling or overfilling do not
				occur. The owner and operator must ensure that the volume available in the tank
				is greater than the volume of product to be transferred to the tank before the
				transfer is made and that the transfer operation is monitored constantly to
				prevent overfilling and spilling.
NOTE: The transfer procedures described in National Fire
				  Protection Association Standard 385 "Standard for Tank Vehicles for Flammable
				  and Combustible Liquids" or American Petroleum Institute Recommended Practice
				  1007, "Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles" may
				  be used to comply with this subsection. Further guidance on spill and overfill
				  prevention appears in American Petroleum Institute Recommended Practice 1621,
				  "Bulk Liquid Stock Control at Retail Outlets".
2. The owner and operator must report,
				investigate, and clean up any spills and overfills in accordance with section
				33.1-24-08-43.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; 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 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-21 - Operation and maintenance of corrosion protection

Current through Supplement No. 393, July, 2024
All owners and operators of metal underground storage tank
				  systems with corrosion protection must comply with the following requirements
				  to ensure that releases due to corrosion are prevented until the underground
				  storage tank system is permanently closed or undergoes a change-in-service
				  pursuant to section
				  33.1-24-08-61:
1. All corrosion protection systems must be
				operated and maintained to continuously provide corrosion protection to the
				metal components of that portion of the tank and piping that routinely contain
				regulated substances and are in contact with the ground;
2. All underground storage tank systems
				equipped with cathodic protection systems must be inspected for proper
				operation by a qualified cathodic protection tester in accordance with the
				following requirements:
a. Frequency. All
				cathodic protection systems must be tested within six months of installation
				and at least every three years thereafter or according to another reasonable
				timeframe established by the department;
b. Inspection criteria. The criteria that are
				used to determine that cathodic protection is adequate as required by this
				section must be in accordance with a code of practice developed by a nationally
				recognized association;
NOTE: The following codes of practice may be used to comply
				  with subsection 2: NACE International Test Method TM0101, "Measurement
				  Techniques Related to Criteria for Cathodic Protection of Underground Storage
				  Tank Systems"; NACE International Test Method TM0497, "Measurement Techniques
				  Related to Criteria for Cathodic Protection on Underground or Submerged
				  Metallic Piping Systems"; Steel Tank Institute Recommended Practice R051,
				  "Cathodic Protection Testing Procedures for STI-P3® USTs"; NACE
				  International Standard Practice SP 0285, "External Control of Underground
				  Storage Tank Systems by Cathodic Protection"; or NACE International Standard
				  Practice SP 0169, "Control of External Corrosion on Underground or Submerged
				  Metallic Piping Systems".
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-22 - Compatibility

Current through Supplement No. 393, July, 2024
1. Owners and
				operators must use an underground storage tank system made of or lined with
				materials that are compatible with the substance stored in the underground
				storage tank system.
2. Owners and
				operators must notify the department at least thirty days prior to switching to
				a regulated substance containing greater than ten percent ethanol, greater than
				twenty percent biodiesel, or any other regulated substance identified by the
				department. In addition, owners and operators with underground storage tank
				systems storing these regulated substances must meet one of the following:
a. Demonstrate compatibility of the
				underground storage tank system, including the tank, piping, containment sumps,
				pumping equipment, release detection equipment, spill equipment, and overfill
				equipment. Owners and operators may demonstrate compatibility of the
				underground storage tank system by using one of the following options:
(1) Certification or listing of underground
				storage tank system equipment or components by a nationally recognized,
				independent testing laboratory for use with the regulated substance stored;
				or
(2) Equipment or component
				manufacturer approval. The manufacturer's approval must be in writing, indicate
				an affirmative statement of compatibility, specify the range of biofuel blends
				the equipment or component is compatible with, and be from the equipment or
				component manufacturer; or
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-24 - Reporting and recordkeeping

Current through Supplement No. 393, July, 2024
Owners and operators of underground storage tank systems must
				  cooperate fully with inspections, monitoring, and testing conducted by the
				  department, as well as requests for document submission, testing, and
				  monitoring by the owner or operator pursuant to North Dakota Century Code
				  section 23.1-04-06.
1.
Reporting.
Owners and operators must submit the following
				information to the department:
a.
				Notification for all underground storage tank systems (section
				33.1-24-08-12), which includes
				certification of installation for new underground storage tank systems
				(subsection 6 of section
				33.1-24-08-10), and notification
				when any person assumes ownership of an underground storage tank system
				(subsection 2 of section
				33.1-24-08-12);
b. Notification prior to underground storage
				tank systems switching to certain regulated substances (subsection 2 of section
				33.1-24-08-22);
c. Reports of all releases, including
				suspected releases (section
				33.1-24-08-40), spills and
				overfills (section
				33.1-24-08-43), and confirmed
				releases (section
				33.1-24-08-51);
d. Corrective actions planned or taken,
				including initial abatement measures (section
				33.1-24-08-52), initial site
				characterization (section
				33.1-24-08-53), free product
				removal (section
				33.1-24-08-54), investigation of
				soil and ground water cleanup (section
				33.1-24-08-55), and corrective
				action plan (section
				33.1-24-08-56); and
e. A notification before permanent closure or
				change in service (section
				33.1-24-08-61).
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-25 - Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment

Current through Supplement No. 393, July, 2024
1. Owners and
				operators of underground storage tank systems with spill and overfill
				prevention equipment and containment sumps used for interstitial monitoring of
				piping must meet these requirements to ensure the equipment is operating
				properly and will prevent releases to the environment:
a. Spill prevention equipment, such as a
				catchment basin, spill bucket, or other spill containment device, and
				containment sumps used for interstitial monitoring of piping must prevent
				releases to the environment by meeting one of the following:
(1) The equipment is double walled and the
				integrity of both walls is periodically monitored at a frequency not less than
				the frequency of the walkthrough inspections described in section
				33.1-24-08-26. Owners and
				operators shall begin fulfilling paragraph 2 of subdivision a of subsection 1
				and conduct a test within thirty days of discontinuing periodic monitoring of
				this equipment; or
(2) The spill
				prevention equipment and containment sumps used for interstitial monitoring of
				piping are tested at least once every three years to ensure the equipment is
				liquid tight by using vacuum, pressure, or liquid testing in accordance with
				one of the following criteria:
(a)
				Requirements developed by the manufacturer;
NOTE: Owners and operators may use this option only if the
				  manufacturer has developed requirements.
(b) Code of practice developed by a
				nationally recognized association or independent testing laboratory;
				or
(c) Requirements determined by
				the department to be no less protective of human health and the environment
				than the requirements listed in subparagraphs a and b of paragraph 2 of
				subdivision a of subsection 1.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-26 - Periodic operation and maintenance walkthrough inspections

Current through Supplement No. 393, July, 2024
1. To properly
				operate and maintain underground storage tank systems, not later than April 1,
				2021, owners and operators shall meet one of the following:
a. Conduct a walkthrough inspection that, at
				a minimum, checks the following equipment as specified below:
(1)
Every thirty days
(Exception: spill prevention equipment at underground storage tank systems
				receiving deliveries at intervals greater than every thirty days may be checked
				prior to each delivery):
(a) Spill prevention
				equipment - Visually check for damage; remove liquid or debris; check for and
				remove obstructions in the fill pipe; check the fill cap to make sure it is
				securely on the fill pipe; and, for double walled spill prevention equipment
				with interstitial monitoring, check for a leak in the interstitial area;
				and
(b) Release detection equipment
				- Check to make sure the release detection equipment is operating with no
				alarms or other unusual operating conditions present, and ensure records of
				release detection testing are reviewed and current; and
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-31 - Release detection requirements for petroleum underground storage tank systems

Current through Supplement No. 393, July, 2024
Owners and operators of petroleum underground storage tank
				  systems must provide release detection for tanks and piping as follows:
1.
Tanks.
Tanks must be
				monitored for releases as follows:
a. Tanks
				installed on or before September 28, 2018, must be monitored for releases at
				least every thirty days using one of the methods listed in subsections 4
				through 9 of section
				33.1-24-08-33 except that:
(1) Underground storage tank systems that
				meet the performance standards in section
				33.1-24-08-10 or
				33.1-24-08-11, and the monthly
				inventory control requirements in subsection 1 or 2 of section
				33.1-24-08-33, may use tank
				tightness testing (conducted in accordance with subsection 3 of section
				33.1-24-08-33) at least every
				five years until ten years after the tank was installed and tanks with capacity
				of five hundred fifty gallons [2081.98 liters] or less and tanks with a
				capacity of five hundred fifty-one to one thousand gallons which meet the tank
				diameter criteria in subsection 2 of section
				33.1-24-08-33 may use manual
				tank gauging (conducted in accordance with subsection 2 of section
				33.1-24-08-33).
(2) Tanks installed after September 28, 2018,
				must be monitored for releases at least every thirty days in accordance with
				subsection 7 of section
				33.1-24-08-33.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-32 - Release detection requirements for hazardous substance underground storage tank systems

Current through Supplement No. 393, July, 2024
Owners and operators of hazardous substance underground
				  storage tank systems must provide containment that meets the following
				  requirements and monitor these systems using subsection 7 of section
				  33.1-24-08-33 at least every
				  thirty days:
1. Secondary containment
				systems must be designed, constructed, and installed:
a. Contain regulated substances leaked from
				the primary containment until they are detected and removed;
b. Prevent the release of regulated
				substances to the environment at any time during the operational life of the
				underground storage tank system; and
c. Be checked for evidence of a release at
				least every thirty days.
NOTE: The provisions of section
				  33.1-24-05-106 may be used to
				  comply with this subsection for tanks installed on or before April 1,
				  2018.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-33 - Methods of release detection for tanks

Current through Supplement No. 393, July, 2024
Each method of release detection for tanks used to meet the
				  requirements of section
				  33.1-24-08-31 must be conducted
				  in accordance with the following:
1.
Inventory control.
Product inventory control (for another test of
				equivalent performance) must be conducted monthly to detect a release of at
				least one percent of flowthrough plus one hundred thirty gallons [492.10
				liters] on a monthly basis in the following manner:
a. Inventory volume measurements for
				regulated substance inputs, withdrawals, and the amount still remaining in the
				tank are recorded each operating day;
b. The equipment used is capable of measuring
				the level of product over the full range of the tank's height to the nearest
				one-eighth of an inch [3.05 millimeters];
c. The regulated substance inputs are
				reconciled with delivery receipts by measurement of the tank inventory volume
				before and after delivery;
d.
				Deliveries are made through a drop tube that extends to within one foot [0.30
				meters] of the tank bottom;
e.
				Product dispensing is metered and recorded within the local standards for meter
				calibration or an accuracy of six cubic inches [98.32 milliliters] for every
				five gallons [18.93 liters] of product withdrawn; and
f. The measurement of any water level in the
				bottom of the tank is made to the nearest one-eighth of an inch [3.05
				millimeters] at least once a month.
NOTE: Practices described in the American Petroleum
				  Institute, Recommended Practice RP 1621, "Bulk Liquid Stock Control at Retail
				  Outlets", may be used, where applicable, as guidance in meeting the
				  requirements.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-34 - Methods of release detection for piping

Current through Supplement No. 393, July, 2024
Each method of release detection for piping used to meet the
				  requirements of subsection 2 of section
				  33.1-24-08-10 and section
				  33.1-24-08-31 must be conducted
				  in accordance with the following:
1.
Automatic line leak detectors.
Methods which alert the operator
				to the presence of a leak by restricting or shutting off the flow of regulated
				substances through piping or triggering an audible or visual alarm may be used
				only if they detect leaks of three gallons [11.36 liters] per hour at ten
				pounds per square inch line pressure within one hour. An annual test of the
				operation of the leak detector must be conducted in accordance with subdivision
				c of subsection 1 of section 33-24-08-30.
2.
Line tightness testing.
A
				periodic test of piping may be conducted only if it can detect a one-tenth
				gallon [.38 liter] per hour leak rate at one and one-half times the operating
				pressure.
3.
Applicable tank
				methods.
Except as described in subsection 1 of section
				33.1-24-08-31, any of the
				methods in subsections 5 through 9 of section
				33.1-24-08-33 may be used if
				they are designed to detect a release from any portion of the underground
				piping that routinely contains regulated substances.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199 § 1
Law Implemented:
NDCC 23.1-04-06; 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 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-35 - Release detection recordkeeping

Current through Supplement No. 393, July, 2024
All underground storage tank system owners and operators must
				  maintain records in accordance with section
				  33.1-24-08-24 demonstrating
				  compliance with all applicable requirements of sections
				  33.1-24-08-30 through
				  33.1-24-08-35. These records must include the following:
1. All written performance claims pertaining
				to any release detection system used, and the manner in which these claims have
				been justified or tested by the equipment manufacturer or installer, must be
				maintained for five years or for another reasonable period of time determined
				by the department, from the date of installation. Not later than April 1, 2021,
				records of site assessments required under subdivision f of subsection 5 and
				subdivision g of subsection 6 of section
				33.1-24-08-33 must be maintained
				for as long as the methods are used. Records of site assessments developed
				after April 1, 2018, must be signed by a professional engineer or professional
				geologist, or equivalent licensed professional with experience in environmental
				engineering, hydrogeology, or other relevant technical discipline acceptable to
				the department.
2. The results of
				any sampling, testing, or monitoring must be maintained for at least one year,
				or for another reasonable period of time determined by the department, except
				as follows:
a. The results of annual
				operation tests conducted in accordance with subdivision c of subsection 1 of
				section 33.1-24-08-30 must be maintained
				for three years. At a minimum, the results must list each component tested,
				indicate whether each component tested meets criteria in subdivision c of
				subsection 1 of section
				33.1-24-08-30 or needs to have
				action taken, and describe any action taken to correct an issue; and
b. The results of tank tightness testing
				conducted in accordance with subsection 3 of section
				33.1-24-08-33 must be retained
				until the next test is conducted; and
c. The results of tank tightness testing,
				line tightness testing, and vapor monitoring using a tracer compound placed in
				the tank system conducted in accordance with subsection 4 of section
				33.1-24-08-72 must be retained
				until the next test is conducted.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-36 - Applicability (delivery prohibition)

Current through Supplement No. 393, July, 2024
1. Tank owners and
				operators and transfer operators are responsible for ensuring that product is
				not delivered, deposited, or accepted into an underground storage tank
				identified by the department as ineligible to receive product.
2. For purposes of this section the term
				"underground storage tank" means those tanks that satisfy the definition of
				petroleum underground storage tank system in section
				33.1-24-08-03, except for those
				tanks identified as excluded or deferred storage tanks.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199 § 1
Law Implemented:
NDCC 23.1-04-06; 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 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-37 - Criteria for delivery prohibition

Current through Supplement No. 393, July, 2024
1. An underground
				storage tank shall be classified as ineligible for delivery, deposit, or
				acceptance of product upon determination by the department that the underground
				storage tank meets one or more of the following conditions:
a. Spill prevention equipment as required by
				this chapter is not installed;
b.
				Overfill protection equipment as required by this chapter is not
				installed;
c. Leak detection
				equipment as required by this chapter is not installed;
d. Corrosion protection equipment as required
				by this chapter is not installed; or
e. Other conditions which the department
				determines may present an imminent and substantial endangerment to public
				health and the environment.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-38 - Mechanisms for designating tanks ineligible for delivery

Current through Supplement No. 393, July, 2024
1. Upon identifying
				an underground storage tank as ineligible for delivery, deposit, or acceptance
				of product, the department shall notify tank owners or operators in writing
				(for example, field notification or mail) prior to prohibiting the delivery,
				deposit, or acceptance of product into the ineligible tank.
2. After reasonable effort is made to notify
				the underground storage tank owner or operator in writing, the department may
				affix a "red tag" to the fill pipe of the noncompliant underground storage tank
				system using a tamper-resistant strap or straps, fill pipe bag, or any
				combination thereof so the tag clearly identifies the tank as ineligible to
				receive product.
3. The department
				shall develop a process and procedure for notifying transfer operators when an
				underground storage tank is ineligible for delivery, deposit, or acceptance of
				product. Notice shall be made available (for example, electronic listing) to
				transfer operators within twenty-four hours of an underground storage tank
				being identified as ineligible to receive product.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199 § 1
Law Implemented:
NDCC 23.1-04-06; 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 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-39 - Reclassifying ineligible tanks as eligible for delivery

Current through Supplement No. 393, July, 2024
1. Upon
				notification by the owner or operator that the violation or violations has or
				have been corrected, the department shall confirm compliance.
2. The department shall reclassify an
				ineligible underground storage tank as eligible to receive product the same day
				the department confirms the underground storage tank has been returned to
				compliance. Likewise, notice shall be made available to transfer operators the
				same day an ineligible tank has been reclassified as eligible to receive
				product.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199 § 1
Law Implemented:
NDCC 23.1-04-06; 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 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-40 - Reporting of suspected releases

Current through Supplement No. 393, July, 2024
Owners and operators of underground storage tank systems must
				  report to the department within twenty-four hours, or another reasonable period
				  specified by the department, and follow the procedures in section
				  33.1-24-08-42 for any of the
				  following conditions:
1. The discovery
				by owners and operators or others of released regulated substances at the
				underground storage tank site or in the surrounding area (such as the presence
				of free product or vapors in soils, basements, sewer and utility lines, and
				nearby surface water);
2. Unusual
				operating conditions observed by owners and operators (such as the erratic
				behavior of product dispensing equipment, the sudden loss of product from the
				underground storage tank system, an unexplained presence of water in the tank,
				or liquid in the interstitial space of secondarily contained systems), unless:
a. The system equipment or component is found
				not to be releasing regulated substances to the environment;
b. Any defective system equipment or
				component is immediately repaired or replaced; and
c. For secondarily contained systems, except
				as provided for in paragraph 4 of subdivision b of subsection 7 of section
				33.1-24-08-33, any liquid in the
				interstitial space not used as part of the interstitial monitoring method (for
				example, brine filled) is immediately removed.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-41 - Investigation due to offsite impacts

Current through Supplement No. 393, July, 2024
When required by the department, owners and operators of
				  underground storage tank systems must follow the procedures in section
				  33.1-24-08-42 to determine if
				  the underground storage tank system is the source of offsite impacts. These
				  impacts include the discovery of regulated substances (such as the presence of
				  free product or vapors in soils, basements, sewer and utility lines, and nearby
				  surface and drinking waters) that has been observed by the department or
				  brought to its attention by another party.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199 § 1
Law Implemented:
NDCC 23.1-04-06; 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 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-42 - Release investigation and confirmation steps

Current through Supplement No. 393, July, 2024
Unless corrective action is initiated in accordance with
				  sections
				  33.1-24-08-50 through
				  33.1-24-08-57, owners and
				  operators must immediately investigate and confirm all suspected releases of
				  regulated substances requiring reporting under section
				  33.1-24-08-40 within seven days,
				  or another reasonable time period specified by the department, using either the
				  following steps or another procedure approved by the department:
1.
System test.
Owners and
				operators must conduct tests (according to the requirements for tightness
				testing in subsection 3 of section
				33.1-24-08-33 and subsection 2
				of section
				33.1-24-08-34 or, as
				appropriate, secondary containment testing described in subsection 4 of section
				33.1-24-08-23).
a. The test must determine whether:
(1) A leak exists in that portion of the tank
				that routinely contains product, or the attached delivery piping; or
(2) A breach of either wall of the secondary
				containment has occurred.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-43 - Reporting and cleanup of spills and overfills

Current through Supplement No. 393, July, 2024
1. Owners and
				operators of underground storage tank systems must contain and immediately
				clean up a spill or overfill and report to the department within twenty-four
				hours, or another reasonable time period specified by the department, and begin
				corrective action in accordance with sections
				33.1-24-08-50 through
				33.1-24-08-57 in the following
				cases:
a. Spill or overfill of petroleum that
				results in a release to the environment that exceeds twenty-five gallons [94.63
				liters] or another reasonable amount specified by the department, or that
				causes a sheen on nearby surface water; and
b. Spill or overfill of a hazardous substance
				that results in a release to the environment that equals or exceeds its
				reportable quantity under the Comprehensive Environmental Response,
				Compensation, and Liability Act [ 40 CFR 302 ].
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-44 - Unattended cardtrol facilities

Current through Supplement No. 393, July, 2024
A facility that normally has no employee or other responsible
				  person onsite, or is open to dispense fuel at times when no employee or
				  responsible person is onsite, shall have a sign posted in a conspicuous place,
				  giving the name and telephone number of the facility owner, operator, or local
				  emergency responders, and an emergency shutoff device, if the facility
				  dispenses fuel.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199 § 1
Law Implemented:
NDCC 23.1-04-06; 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 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-46 - Timing of operator training and reciprocity

Current through Supplement No. 393, July, 2024
Operator training must evaluate operator knowledge in the
				  areas described for each class of operator in accordance with subsections 1, 2,
				  and 3 of section
				  33.1-24-08-45.
1. By August 8, 2012, the owner or operator
				of an underground storage tank system regulated by this chapter, except those
				excluded by regulation in subsection 2 of section
				33.1-24-08-01, and those
				deferred by regulation in subsection 3 of section
				33.1-24-08-01, shall have
				trained class A, class B, and class C operators for each facility
				owned.
2. After August 8, 2012,
				class A and class B operators must be trained within thirty days or another
				reasonable period specified by the department, after assuming operation and
				maintenance responsibilities of the underground storage tank system. Class C
				operators must be trained before assuming responsibility for responding to
				emergencies.
3. Training of
				underground storage tank system operators shall be performed by the department
				or by a third-party trainer approved by the department, except that a trained
				class A, or class B, operator may train a class C operator.
4. Training reciprocity. The department may
				accept operator training certification verification from other states that have
				equivalent operator training requirements.
NOTE: The following alternate third-party methods may be used
				  to comply with this section: a certificate issued by a nationally recognized
				  underground storage tank operator examination approved by the department, or
				  written proof of successful completion of an equivalent operator training and
				  testing program that has received prior approval from the
				  department.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199 § 1
Law Implemented:
NDCC 23.1-04-06; 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 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-47 - Operator retraining

Current through Supplement No. 393, July, 2024
Class A and class B operators of underground storage tank
				  systems determined by the department to be out of compliance shall complete a
				  training program or comparable examination in accordance with requirements in
				  section 33.1-24-18-45. The training program or comparable examination must be
				  developed or administered by an independent organization, the department, or a
				  recognized authority. At a minimum, the training must cover the area determined
				  to be out of compliance. Underground storage tank system owners and operators
				  shall ensure class A and class B operators are retrained pursuant to this
				  section no later than thirty days from the date the department determines the
				  facility is out of compliance except in one of the following situations:
1. Class A and class B operators take annual
				refresher training. Refresher training for class A and class B operators must
				cover all applicable requirements in section 33.1-24-18-45; or
2. The department, at its discretion, waives
				this retraining requirement for either the class A or class B operator or
				both.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199 § 1
Law Implemented:
NDCC 23.1-04-06; 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 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-48 - Operator training documentation

Current through Supplement No. 393, July, 2024
Owners and operators of underground storage tank systems
				  shall maintain a list of designated class A, class B, and class C operators and
				  maintain records verifying that training and retraining, as applicable, have
				  been completed, in accordance with section 33.1-24-18-24 as follows:
1. The list must:
a. Identify all class A, class B, and class C
				operators currently designated for the facility; and
b. Include names, class of operator trained,
				date assumed duties, date each completed initial training, and any
				retraining.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-50 - General release response and corrective action for underground storage tank systems containing petroleum or hazardous substances

Current through Supplement No. 393, July, 2024
Owners and operators of petroleum or hazardous substance
				  underground storage tank systems must, in response to a confirmed release from
				  the underground storage tank system, comply with the requirements of this
				  section except for underground storage tanks excluded under subsection 2 of
				  section 33.1-24-08-01 and underground
				  storage tank systems subject to the hazardous waste provisions of North Dakota
				  Century Code chapter 23.1-04.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; 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 33.1-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33.1-24-08-51 - Initial response

Current through Supplement No. 393, July, 2024
Upon confirmation of a release in accordance with section
				  33.1-24-08-42 or after a release
				  from the underground storage tank system is identified in any other manner,
				  owners and operators must perform the following initial response actions within
				  twenty-four hours of a release or within another reasonable period of time
				  determined by the department:
1.
				Report the release to the department (for example, by telephone or electronic
				mail);
2. Take immediate action to
				prevent any further release of the regulated substance into the environment;
				and
3. Identify and mitigate fire,
				explosion, and vapor hazards.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-06; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-06; S.L. 2017,
					 ch. 199, § 19