reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-187 - 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
				33.1-24-02-193 and must comply
				with subsections 2 through 5, except as provided in subsections 6, 7, and 8,
				and sections
				33.1-24-02-191 and
				33.1-24-02-192.
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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-188 - 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
				33.1-24-02-193 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
				33.1-24-02-189.
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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-189 - 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
				33.1-24-02-190.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-191 - 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
				33.1-24-02-187 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
				33.1-24-02-187.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-192 - 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
				33.1-24-02-187 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
				33.1-24-02-187, 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
				33.1-24-02-187.
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
				33.1-24-02-187.
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
				33.1-24-02-187, but may again
				elect to use this section after meeting the requirements of subdivision a of
				subsection 3 of section
				33.1-24-02-187.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-193 - 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
				33.1-24-02-180 through
				33.1-24-02-199 shall comply with
				the test methods and procedures requirements provided in this
				section.
2. Leak detection
				monitoring, as required in sections
				33.1-24-02-182 through
				33.1-24-02-192, 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 n-hexane.
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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-194 - 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
				33.1-24-02-180 through
				33.1-24-02-199 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
				33.1-24-02-180 through
				33.1-24-02-199 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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-200 - Applicability to air emission standards for tanks and containers

Current through Supplement No. 393, July, 2024
1. The requirements
				of sections 33.1-24-02-200 through
				33.1-24-02-214 apply to tanks
				and containers that contain hazardous secondary materials excluded under the
				remanufacturing exclusion at subdivision z of subsection 1 of section
				33.1-24-02-04, 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 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-201 - Definitions

Current through Supplement No. 393, July, 2024
As used in sections
				  33.1-24-02-200 through
				  33.1-24-02-214, all terms not
				  defined herein have the meaning given them in North Dakota Century Code chapter
				  23.1-04 and 33.1-24-01 through 33.1-24-05 and section
				  33.1-24-05-451.
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
				33.1-24-02-204.
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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-202 - 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
				33.1-24-02-200 through
				33.1-24-02-214.
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
				33.1-24-02-204 through
				33.1-24-02-207, 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
				33.1-24-02-204 through
				33.1-24-02-207, 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
				33.1-24-02-203. 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 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-203 - 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
				33.1-24-02-202 from using air
				emission controls in accordance with standards specified in sections
				33.1-24-02-204 through
				33.1-24-02-207, 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
				33.1-24-02-202 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
				33.1-24-02-202.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-204 - Standards - Tanks

Current through Supplement No. 393, July, 2024
1. The provisions
				of this section apply to the control of air pollutant emissions from tanks for
				which subsection 2 of section
				33.1-24-02-202 references the
				use of this section for such air emission control.
2. The remanufacturer or other person that
				stores or treats the hazardous secondary material shall control air pollutant
				emissions from each tank subject to this section in accordance with the
				following requirements as applicable:
a. For
				a tank that manages hazardous secondary material that meets all of the
				conditions specified in paragraphs 1 through 2, the remanufacturer or other
				person that stores or treats the hazardous secondary material shall control air
				pollutant emissions from the tank in accordance with the tank level 1 controls
				specified in subsection 3 or the tank level 2 controls specified in subsection
				4.
(1) The hazardous secondary material in
				the tank has a maximum organic vapor pressure which is less than the maximum
				organic vapor pressure limit for the tank's design capacity category as
				follows:
(a) For a tank design capacity equal
				to or greater than one hundred fifty-one meters3
				(5,330 feet 
				3 ), the maximum organic vapor pressure
				limit for the tank is five and two-tenths kilopascals.
(b) For a tank design capacity equal to or
				greater than seventy-five meters3 (2,650
				feet3 ) but less than one hundred fifty - o ne
				meters 
				3 (5,330 feet 
				3 ) , the maximum organic vapor pressure
				limit for the tank is twenty-seven and six-tenths kilopascals.
(c) For a tank design capacity less than
				seventy-five meters3 (2,650 feet 
				3 ), the maximum organic vapor pressure
				limit for the tank is seventy-six and six-tenths kilopascals.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-206 - Standards - Containers

Current through Supplement No. 393, July, 2024
1. The provisions
				of this section apply to the control of air pollutant emissions from containers
				for which subsection 2 of section
				33.1-24-02-202 references the
				use of this section for such air emission control.
2. General requirements.
a. The remanufacturer or other person that
				stores or treats the hazardous secondary material shall control air pollutant
				emissions from each container subject to this section in accordance with the
				following requirements, as applicable to the container.
(1) For a container having a design capacity
				greater than one-tenth meters3 (3.5 f eet 
				3 ) and less than or equal to forty-six
				one-hundredths meters3 (16.25 feet 
				3 ) , the remanufacturer or other person
				that stores or treats the hazardous secondary material shall control air
				pollutant emissions from the container in accordance with the container level 1
				standards specified in subsection 3.
(2) For a container having a design capacity
				greater than forty-six one-hundredths meters3 (16.25
				feet 
				3 ) which is not in light material
				service, the remanufacturer or other person that stores or treats the hazardous
				secondary material shall control air pollutant emissions from the container in
				accordance with the container level 1 standards specified in subsection
				3.
(3) For a container having a
				design capacity greater than forty-six one-hundredths
				meters3 (16.25 feet 
				3 ) which is in light material service,
				the remanufacturer or other person that stores or treats the hazardous
				secondary material shall control air pollutant emissions from the container in
				accordance with the container level 2 standards specified in subsection
				4.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-207 - Standards - Closed-vent systems and control devices

Current through Supplement No. 393, July, 2024
1. This section
				applies to each closed-vent system and control device installed and operated by
				the remanufacturer or other person that stores or treats the hazardous
				secondary material to control air emissions in accordance with standards of
				sections
				33.1-24-02-200 through
				33.1-24-02-214.
2. The closed-vent system must meet the
				following requirements:
a. The closed-vent
				system must route the gases, vapors, and fumes emitted from the hazardous
				secondary material in the hazardous secondary material management unit to a
				control device that meets the requirements specified in subsection 3.
b. The closed-vent system must be designed
				and operated in accordance with the requirements specified in subsection 11 of
				section 33.1-24-02-173.
c. In the case when the closed-vent system
				includes bypass devices that could be used to divert the gas or vapor stream to
				the atmosphere before entering the control device, each bypass device must be
				equipped with either a flow indicator as specified in paragraph 1 or a seal or
				locking device as specified in paragraph 2. For the purpose of complying with
				this paragraph, low leg drains, high point bleeds, analyzer vents, open-ended
				valves or lines, spring-loaded pressure-relief valves, and other fittings used
				for safety purposes are not considered to be bypass devices.
(1) If a flow indicator is used to comply
				with this subdivision, the indicator must be installed at the inlet to the
				bypass line used to divert gases and vapors from the closed-vent system to the
				atmosphere at a point upstream of the control device inlet. For this
				subdivision, a flow indicator means a device which indicates the presence of
				either gas or vapor flow in the bypass line.
(2) If a seal or locking device is used to
				comply with this subdivision, the device must be placed on the mechanism by
				which the bypass device position is controlled (for example, valve handle,
				damper lever) when the bypass device is in the closed position such that the
				bypass device cannot be opened without breaking the seal or removing the lock.
				Examples of such devices include, a car-seal or a lock-and-key configuration
				valve. The remanufacturer or other person that stores or treats the hazardous
				secondary material visually shall inspect the seal or closure mechanism at
				least once every month to verify that the bypass mechanism is maintained in the
				closed position.
d. The
				closed-vent system must be inspected and monitored by the remanufacturer or
				other person that stores or treats the hazardous secondary material in
				accordance with the procedure specified in subsection 12 of section
				33.1-24-02-173.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-208 - Inspection and monitoring requirements

Current through Supplement No. 393, July, 2024
1. The
				remanufacturer or other person that stores or treats the hazardous secondary
				material shall inspect and monitor air emission control equipment used to
				comply with sections
				33.1-24-02-200 through
				33.1-24-02-214 in accordance
				with the applicable requirements specified in sections
				33.1-24-02-204 through
				33.1-24-02-207.
2. The remanufacturer or other person that
				stores or treats the hazardous secondary material shall develop and implement a
				written plan and schedule to perform the inspections and monitoring required by
				subsection 1. The remanufacturer or other person that stores or treats the
				hazardous secondary material shall keep the plan and schedule at the
				facility.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-209 - Recordkeeping requirements

Current through Supplement No. 393, July, 2024
1. Each
				remanufacturer or other person that stores or treats the hazardous secondary
				material subject to requirements of sections
				33.1-24-02-200 through
				33.1-24-02-214 shall record and
				maintain the information specified in subsections 2 through 10, as applicable
				to the facility. Except for air emission control equipment design documentation
				and information required by subsections 9 and 10, records required by this
				section must be maintained at the facility for a minimum of three years. Air
				emission control equipment design documentation must be maintained at the
				facility until the air emission control equipment is replaced or otherwise no
				longer in service. Information required by subsections 9 and 10 must be
				maintained at the facility for as long as the hazardous secondary material
				management unit is not using air emission controls specified in sections
				33.1-24-02-204 through
				33.1-24-02-207 in accordance
				with the conditions specified in subsection 4 or subdivision g of subsection 2
				of section
				33.1-24-02-200,
				respectively.
2. The remanufacturer
				or other person that stores or treats the hazardous secondary material using a
				tank with air emission controls in accordance with the requirements of section
				33.1-24-02-204 shall prepare and
				maintain records for the tank that include the following information:
a. For each tank using air emission controls
				in accordance with the requirements of section
				33.1-24-02-204, the
				remanufacturer or other person that stores or treats the hazardous secondary
				material shall record:
(1) A tank
				identification number (or other unique identification description as selected
				by the remanufacturer or other person that stores or treats the hazardous
				secondary material).
(2) A record
				for each inspection required by section
				33.1-24-02-204 which includes
				the following information:
(a) Date
				inspection was conducted.
(b) For
				each defect detected during the inspection: the location of the defect, a
				description of the defect, the date of detection, and corrective action taken
				to repair the defect. If repair of the defect is delayed in accordance with the
				requirements of section
				33.1-24-02-204, the
				remanufacturer or other person that stores or treats the hazardous secondary
				material also shall record the reason for the delay and the date that
				completion of repair of the defect is expected.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Appendix I - Representative Sampling Methods

Current through Supplement No. 393, July, 2024
The methods and equipment used for sampling waste materials
				  will vary with the form and consistency of the waste materials to be sampled.
				  Samples collected using the sampling protocols listed below, for sampling waste
				  with properties similar to the indicated materials, will be considered by the
				  agency to be representative of the waste.
Extremely viscous liquid - ASTM Standard D140-70 Crushed or
				  powdered material - ASTM Standard D346-75 Soil or rock-like material - ASTM
				  Standard D420-69 Soil-like material - ASTM Standard D1452-65
Fly Ash-like material - ASTM Standard D2234-76 (ASTM
				  Standards are available from ASTM, 1916 Race Street, Philadelphia, Pennsylvania
				  19103)
Containerized liquid wastes - "COLIWASA."
Liquid waste in pits, ponds, lagoons, and similar reservoirs
				  - "Pond Sampler."
This manual also contains additional information on
				  application of these protocols.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Appendix VI - Excluded Under Sections 33.1-24-01-06 and 33.1-24-01-08

Current through Supplement No. 393, July, 2024
Table 1. Wastes Excluded From Nonspecific
				  Sources.
Facility
Address
Waste Description
[Reserved]
Table 2. Wastes Excluded From Specific
				  Sources.
Facility
Address
Waste Description
[Reserved]
Table 3. Wastes Excluded From Commercial Chemical
				  Products, Off-Specification Species, Container Residues, and Soil Residues
				  Thereof.
Facility
Address
Waste Description
[Reserved]
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-01 - Scope and applicability

Current through Supplement No. 393, July, 2024
This chapter establishes standards for generators of
				  hazardous waste.
1. A person who
				generates a hazardous waste is subject to all applicable requirements listed
				below:
a. Requirements of a very small
				quantity generator:
(1) Section
				33.1-24-03-02
				hazardous waste determination;
(2)
				Section
				33.1-24-03-13
				recordkeeping; and
(3) Subsection 2
				of section
				33.1-24-03-03
				generator category determination.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-02 - Hazardous waste determination

Current through Supplement No. 393, July, 2024
A person who generates a solid waste as defined in section
				  33.1-24-02-02 must determine if that waste is a hazardous waste using the
				  following method:
1. The person should
				first determine if the waste is excluded from regulation under section
				33.1-24-02-04.
2. The person must
				then determine if the waste is listed as a hazardous waste in chapter
				33.1-24-02.
3. For purposes of
				compliance with sections 33.1-24-05-250 through 33.1-24-05-299, or if the waste
				is not listed in sections 33.1-24-02-15 through 33.1-24-02-18, the generator
				must then determine whether the waste exhibits a hazardous characteristic
				identified in sections 33.1-24-02-10 through 33.1-24-02-14 by either:
a. Testing the waste according to the methods
				set forth in chapter 33.1-24-02 or an equivalent method as approved by the
				department. Persons testing their waste shall obtain a representative sample of
				the waste for testing, as defined in section 33.1-24-01-04.
b. Applying knowledge of the hazard
				characteristic of the waste in light of the materials or the processes used.
All waste analysis pursuant to subdivision a must be
				  conducted by a laboratory approved by the department's certification
				  procedures.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-03 - Identification number, registration certificate, and generator category determination

Current through Supplement No. 393, July, 2024
1. A
				generator may not treat, store, dispose of, transport, or offer for
				transportation hazardous waste without having received an identification number
				and a registration certificate from the department.
2. A generator shall determine its generator
				category. A generator's category is based on the amount of hazardous waste
				generated each month. This category may change from month to month. The
				procedures to determine a generator's category are listed in subdivisions a and
				b.
a. A generator who generates either acute
				hazardous waste or nonacute hazardous waste in a calendar month shall determine
				its generator category for that month by:
(1)
				Counting the total amount of acute hazardous or nonacute hazardous waste
				generated in the calendar month;
(2) Subtracting from the total any amounts of
				waste exempt from counting as described by section
				33.1-24-02-04;
				and
(3) Determining the resulting
				generator category using table 1.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-04 - General requirements of the manifest

Current through Supplement No. 393, July, 2024
1. A generator who transports, or offers for
				transport a hazardous waste for off site treatment, storage, or disposal, or a
				treatment, storage, and disposal facility who offers for transport a rejected
				hazardous waste load, must prepare a manifest on environmental protection
				agency form 8700-22, and if necessary, environmental protection agency form
				8700-22A, according to instructions included in appendix I to this chapter.
a. The revised manifest form and procedures
				in sections 33.1-24-01-04, 33.1-24-02-07, 33.1-24-03-04, 33.1-24-03-05,
				subsection 6 of section 33.1-24-03-07, sections 33.1-24-03-10, 33.1-24-03-21,
				33.1-24-03-26 through 33.1-24-03-29, and appendix I to this chapter, shall not
				apply until September 5, 2006, or article 33.1-24 is amended and effective, but
				not prior to September 5, 2006. The manifest form and procedures in sections
				33.1-24-01-04, 33.1-24-02-07, 33.1-24-03-04, 33.1-24-03-05, 33.1-24-03-10,
				33.1-24-03-21, 33.1-24-03-26 through 33.1-24-03-29, and appendix I to this
				chapter contained in article 33.1-24, amended December 1, 2003, shall be
				applicable until September 5, 2006, or when amended, but not prior to September
				5, 2006.
b. Electronic manifest. In
				lieu of using the manifest form specified in subsection 1, a person required to
				prepare a manifest under subsection 1 may prepare and use an electronic
				manifest, provided that the person:
(1)
				Complies with the requirements in subsection 8 of section 33.1-24-03-07 for use
				of electronic manifests; and
(2)
				Complies with the requirements of
				40 CFR
				3.10 for the reporting of electronic
				documents to the environmental protection agency.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-05 - Manifest tracking numbers, manifest printing, and obtaining manifests

Current through Supplement No. 393, July, 2024
1. A registrant:
a. May not print, or have printed, the
				manifest for use of distribution unless it has received approval from the
				environmental protection agency director of the office of resource conservation
				and recovery to do so under subsections 3 and 5.
b. The approved registrant is responsible for
				ensuring that the organizations identified in its application are in compliance
				with the procedures of its approved application and the requirements of this
				section. The registrant is responsible for assigning manifest tracking numbers
				to the registrant's manifests.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-06 - Number of copies of the manifest

Current through Supplement No. 393, July, 2024
The manifest must consist of at least the number of copies
				  which will provide the generator, each transporter, and the owner or operator
				  of the designated facility with one copy each for their records and another
				  copy to be returned to the generator.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-07 - Use of the manifest

Current through Supplement No. 393, July, 2024
1. The generator
				must:
a. Sign the manifest certification by
				hand;
b. Obtain the handwritten
				signature of the initial transporter and date of acceptance on the manifest;
				and
c. Retain one copy, in
				accordance with subsection 1 of section 33.1-24-03-13.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-08 - Packaging

Current through Supplement No. 393, July, 2024
Before transporting hazardous waste or offering hazardous
				  waste for transportation offsite, a generator must package the waste in
				  accordance with the applicable department of transportation regulations on
				  packaging under 49 CFR parts 173, 178, and 179.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-09 - Labeling

Current through Supplement No. 393, July, 2024
Before transporting or offering hazardous waste for
				  transportation offsite, a generator must label each package in accordance with
				  the applicable department of transportation regulations on hazardous materials
				  under 49 CFR part 172.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-10 - Marking

Current through Supplement No. 393, July, 2024
1. Before transporting or offering hazardous
				waste for transportation off site, a generator must mark each package of
				hazardous waste in accordance with the applicable department of transportation
				regulations on hazardous materials under 49 CFR part 172.
2. Before transporting hazardous waste or
				offering hazardous waste for transportation off site, a generator must mark
				each container of one hundred nineteen gallons or less used in such
				transportation with the following words and information in accordance with the
				requirements of 49 CFR part 172.304:
HAZARDOUS WASTE - Federal Law prohibits improper disposal. If
				  found, contact the nearest police or public safety authority or the United
				  States Environmental Protection Agency.
Generator's Name and Address __________________________
				  .
Generator's Identification Number __________________________
				  .
Manifest Tracking Number ____________________________
				  .
Environmental protection agency hazardous waste number
				  ____________________ .
3. A
				generator may use a nationally recognized electronic system, such as bar
				coding, to identify the environmental protection agency hazardous waste number
				required in subsection 2 or subsection 4.
4. Lab packs that will be incinerated in
				compliance with subsection 3 of section 33.1-24-05-282 are not required to be
				marked with environmental protection agency hazardous waste number; except
				D004, D005, D006, D007, D008, D010, and D011 where applicable.
General Authority:
NDCC 23.1-04-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L.
					 2017, ch. 199,
					 §
												19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-11 - Placarding

Current through Supplement No. 393, July, 2024
Before transporting hazardous waste or offering hazardous
				  waste for transportation offsite, a generator must placard or offer the initial
				  transporter the appropriate placards according to department of transportation
				  regulations for hazardous materials under 49 CFR part 172, subpart
				  F.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-12

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-13 - Recordkeeping

Current through Supplement No. 393, July, 2024
1. A generator must
				keep a copy of each manifest signed in accordance with subsection 1 of section
				33.1-24-03-07 for three years or
				until the generator receives a signed copy from the designated facility which
				received the waste. This signed copy must be retained as a record for at least
				three years from the date the waste was accepted by the initial
				transporter.
2. A generator must
				keep a copy of each biennial report and exception report for a period of at
				least three years from the due date of the report.
3. A generator must keep records of any test
				results, waste analyses, or other determinations made in accordance with
				section 33.1-24-03-02 for at least three
				years from the date the waste was last sent to onsite or offsite treatment,
				storage, or disposal.
4. The
				periods for retention referred to in this section are extended automatically
				during the course of any unresolved enforcement action regarding the regulated
				activity or as requested by the department.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-14 - Biennial reporting

Current through Supplement No. 393, July, 2024
1. A generator who
				ships any hazardous waste offsite to a treatment, storage, or disposal facility
				within the United States shall prepare and submit a single copy of a biennial
				report to the department by March first of each even-numbered year. The
				biennial report must be submitted on department-approved forms, must cover
				generator activities during the previous calendar year, and must include the
				following information:
a. The identification
				number, name, and address of the generator;
b. The calendar year covered by the
				report;
c. The identification
				number, name, and address for each offsite treatment, storage, or disposal
				facility in the United States to which waste was shipped during the
				year;
d. The name and
				identification number of each transporter used during the reporting year for
				shipments to a treatment, storage, or disposal facility within the United
				States;
e. A description, hazardous
				waste number (from chapter 33.1-24-02), department of transportation hazard
				class, and quantity of each hazardous waste shipped offsite for shipments to a
				treatment, storage, or disposal facility within the United States. This
				information must be listed by identification number of each such offsite
				facility to which waste was shipped;
f. A description of the efforts undertaken
				during the year to reduce the volume and toxicity of waste generated;
g. A description of the changes in volume and
				toxicity of waste actually achieved during the year in comparison to the
				previous year to the extent such information is available for years prior to
				1984; and
h. The certification
				signed by the generator or authorized representative.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-15 - Exception reporting

Current through Supplement No. 393, July, 2024
1. A generator of
				one thousand kilograms or greater of hazardous waste in a calendar month, or
				greater than one kilogram of acute hazardous waste listed in section
				33.1-24-02-16 or subsection 5 of
				section 33.1-24-02-18 in a calendar
				month, who does not receive a copy of the manifest with the handwritten
				signature of the owner or operator of the designated facility within
				thirty-five days of the date the waste was accepted by the initial transporter
				shall contact the transporter or the owner or operator, or both, of the
				designated facility to determine the status of the hazardous waste.
2. A generator of one thousand kilograms or
				greater of hazardous waste in a calendar month, or greater than one kilogram of
				acute hazardous waste listed in section
				33.1-24-02-16 or subsection 5 of
				section 33.1-24-02-18 in a calendar
				month, must submit an exception report to the department if the generator has
				not received a copy of the manifest with the handwritten signature of the owner
				or operator of the designated facility within forty-five days of the date the
				waste was accepted by the initial transporter. The exception report must be
				submitted to the department within sixty days of the date the waste was
				accepted by the initial transporter and must include:
a. A legible copy of the manifest for which
				the generator does not have confirmation of delivery; and
b. A cover letter signed by the generator or
				the generator's authorized representative explaining the efforts taken to
				locate the hazardous waste and the results of those efforts.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-16 - Additional reporting

Current through Supplement No. 393, July, 2024
The department, as it deems necessary, may require generators
				  to furnish additional reports concerning the quantities and disposition of
				  wastes identified or listed in this article.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-17

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19