North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-01 - GENERAL PROVISIONS › Section 33.1-24-01-04 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article the following words have the meaning
				  ascribed to them unless otherwise made inappropriate by use and context:
1. "Aboveground tank" means a device meeting
				the definition of "tank" in this section and that is situated in such a way
				that the entire surface area of the tank is completely above the plane of the
				adjacent surrounding surface and the entire surface area of the tank (including
				the tank bottom) is able to be visually inspected.
2. "Act" means North Dakota Century Code
				chapter 23.1-04.
3. "Active life"
				of a facility means the period from the initial receipt of hazardous waste at
				the facility until the department receives certification of final
				closure.
4. "Active portion" means
				that portion of a facility where treatment, storage, or disposal operations are
				being or have been conducted after the effective date of the Act and which is
				not a closed portion. (See also "closed portion" and "inactive
				portion".)
5. "Acute hazardous
				waste" means hazardous wastes that meet the listing criteria in subdivision b
				of subsection 1 of section
				33.1-24-02-09
				and therefore are listed in section
				33.1-24-02-16
				with the assigned hazard code (H) or are listed in subsection 5 of section
				33.1-24-02-18.
6. "Administrator" or "regional
				administrator" means the administrator or regional administrator of the
				environmental protection agency, or that officer's designee.
7. "AES filing compliance date" means the
				date that environmental protection agency announces in the federal register on
				or after which exporters of hazardous waste and exporters of cathode ray tubes
				for recycling are required to file environmental protection agency information
				in the automated export system or its successor system, under the international
				trade data system platform.
8.
				"Airbag waste" means any hazardous waste airbag modules or hazardous waste
				airbag inflators.
9. "Airbag waste
				collection facility" means any facility that receives airbag waste from airbag
				handlers subject to regulation under subsection 10 of section
				33.1-24-02-04
				of this chapter, and accumulates the waste for more than ten days.
10. "Airbag waste handler" means any person,
				by site, who generates airbag waste that is subject to hazardous waste
				regulations.
11. "Ancillary
				equipment" means any device including, but not limited to, such devices as
				piping, fittings, flanges, valves, and pumps, that is used to distribute,
				meter, or control the flow of hazardous waste from its point of generation to
				storage or treatment tank or tanks, between hazardous waste storage and
				treatment tanks to a point of disposal onsite, or to a point of shipment for
				disposal offsite.
12. "Aquifer"
				means a geologic formation, group of formations, or part of a formation capable
				of yielding a significant amount of ground water to wells or springs.
13. "Authorized representative" means the
				person responsible for the overall operation of a facility or an operational
				unit (for example, part of a facility), for example, the plant manager,
				superintendent, or person of equivalent responsibility.
14. "Battery" means a device consisting of
				one or more electrically connected electrochemical cells which is designed to
				receive, store, and deliver electric energy. An electrochemical cell is a
				system consisting of an anode, cathode, and an electrolyte, plus such
				connections (electrical and mechanical) as may be needed to allow the cell to
				deliver or receive electrical energy. The term battery also includes an intact,
				unbroken battery from which the electrolyte has been removed.
15. "Boiler" means an enclosed device using
				controlled flame combustion and:
a. Boilers
				must have the following characteristics:
(1)
				The unit must have physical provisions for recovering and exporting thermal
				energy in the form of steam, heated fluids, or heated gases;
(2) The unit's combustion chamber and primary
				energy recovery section or sections must be of integral design. To be of
				integral design, the combustion chamber and the primary energy recovery section
				or sections (such as waterwalls and superheaters) must be physically formed
				into one manufactured or assembled unit. A unit in which the combustion chamber
				and the primary energy recovery section or sections are joined only by ducts or
				connections carrying flue gas is not integrally designed; however, secondary
				energy recovery equipment (such as economizers or air preheaters) need not be
				physically formed into the same unit as the combustion chamber and the primary
				energy recovery section. The following units are not precluded from being
				boilers solely because they are not of integral design--process heaters (units
				that transfer energy directly to processed steam) and fluidized bed combustion
				units;
(3) While in operation, the
				unit must maintain a thermal energy recovery efficiency of at least sixty
				percent, calculated in terms of the recovered energy compared with the thermal
				value of the fuel; and
(4) The unit
				must export and utilize at least seventy-five percent of the recovered energy,
				calculated on an annual basis. In this calculation, no credit should be given
				for recovered heat used internally in the same unit. (Examples of internal use
				are the preheating of fuel or combustion air, and the driving of induced or
				forced draft fans or feedwater pumps); or