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 33.1-24-02-33 - Applicability of financial requirements for management of excluded hazardous secondary materials

Current through Supplement No. 393, July, 2024
1. The requirements
				of sections 33.1-24-02-33 through
				33.1-24-02-42 apply to owners or
				operators of reclamation and intermediate facilities managing hazardous
				secondary materials excluded under subdivision y of subsection 1 of section
				33.1-24-02-04, except as
				provided otherwise in this section.
2. Federal agencies and agencies of the
				government of the state of North Dakota are exempt from the financial assurance
				requirements of sections 33.1-24-02-33 through
				33.1-24-02-42.
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 33.1-24-02-34 - Definitions of terms as used in sections 33-24-02-33 through 33-24-02-42

Current through Supplement No. 393, July, 2024
The terms defined in subsections 4, 6, 7, and 8 of section
				  33.1-24-05-75 have the same
				  meaning in sections
				  33.1-24-02-33 through
				  33.1-24-02-42.
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 33.1-24-02-35 - Cost estimate for closure

Current through Supplement No. 393, July, 2024
1. The cost
				estimates for closure.
a. The owner or
				operator shall have a detailed written estimate, in current dollars, of the
				cost of disposing of any hazardous secondary material as listed or
				characteristic hazardous waste, and the potential cost of closing the facility
				as a treatment, storage, and disposal facility.
(1) The estimate must equal the cost of
				conducting the activities described in subsection 1 at the point when the
				extent and manner of the facility's operation would make these activities the
				most expensive; and
(2) The cost
				estimate must be based on the costs to the owner or operator of hiring a third
				party to conduct these activities. A third party is a party who is neither a
				parent nor a subsidiary of the owner or operator. (See definition of parent
				corporation in subsection 4 of section
				33.1-24-05-75.) The owner or
				operator may use costs for onsite disposal in accordance with applicable
				requirements if the owner or operator can demonstrate that onsite disposal
				capacity will exist at all times over the life of the facility.
(3) The cost estimate may not incorporate any
				salvage value that may be realized with the sale of hazardous secondary
				materials, or hazardous or nonhazardous wastes, facility structures or
				equipment, land, or other assets associated with the facility.
(4) The owner or operator may not incorporate
				a zero cost for hazardous secondary materials, or hazardous or nonhazardous
				wastes that might have economic value.
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 33.1-24-02-40 - Liability requirements

Current through Supplement No. 393, July, 2024
1. Coverage for
				sudden accidental occurrences. An owner or operator of a hazardous secondary
				material reclamation facility or an intermediate facility subject to financial
				assurance requirements under subparagraph f of paragraph 6 of subdivision y of
				subsection 1 of section
				33.1-24-02-04, or a group of
				such facilities, shall demonstrate financial responsibility for bodily injury
				and property damage to third parties caused by sudden accidental occurrences
				arising from operations of the facility or group of facilities. The owner or
				operator shall have and maintain liability coverage for sudden accidental
				occurrences in the amount of at least one million dollars per occurrence with
				an annual aggregate of at least two million dollars, exclusive of legal defense
				costs. This liability coverage may be demonstrated as specified in subdivision
				a, b, c, d, e, or f:
a. An owner or operator
				may demonstrate the required liability coverage by having liability insurance
				as specified in this subdivision.
(1) Each
				insurance policy must be Adopted by attachment of the hazardous secondary
				material facility liability endorsement, or evidenced by a certificate of
				liability insurance. The wording of the endorsement must be identical to the
				wording specified in subsection 8 of section
				33.1-24-02-42. The wording of
				the certificate of insurance must be identical to the wording specified in
				subsection 9 of section
				33.1-24-02-42. The owner or
				operator shall submit a signed duplicate original of the endorsement or the
				certificate of insurance to the department, and other state's agencies that
				regulate reclamation and intermediate facilities if the facilities are located
				in more than one state. If requested by the department, the owner or operator
				shall provide a signed duplicate original of the insurance policy.
(2) Each insurance policy must be issued by
				an insurer that, at a minimum, is licensed to transact the business of
				insurance, or eligible to provide insurance as an excess or surplus lines
				insurer, in one or more states.
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 33.1-24-02-41 - Incapacity of owners or operators, guarantors, or financial institutions

Current through Supplement No. 393, July, 2024
1. An owner or
				operator shall notify the department by certified mail of the commencement of a
				voluntary or involuntary proceeding under United States Code title 11
				(bankruptcy), naming the owner or operator as debtor, within ten days after
				commencement of the proceeding. A guarantor of a corporate guarantee as
				specified in subsection 5 of section
				33.1-24-02-36 shall make such a
				notification if the owner or operator is named as debtor, as required under the
				terms of the corporate guarantee.
2. An owner or operator who fulfills the
				requirements of section
				33.1-24-02-36 or
				33.1-24-02-40 by obtaining a
				trust fund, surety bond, letter of credit, or insurance policy will be deemed
				to be without the required financial assurance or liability coverage in the
				event of bankruptcy of the trustee or issuing institution, or a suspension or
				revocation of the authority of the trustee institution to act as trustee or of
				the institution issuing the surety bond, letter of credit, or insurance policy
				to issue such instruments. The owner or operator shall establish other
				financial assurance or liability coverage within sixty days after such an
				event.
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 33.1-24-02-42 - Wording of the instruments

Current through Supplement No. 393, July, 2024
1. Trust agreement
				and certification of acknowledgment.
a. A
				trust agreement for a trust fund as specified in subsection 1 of section
				33.1-24-02-36 must be worded as
				follows, except that instructions in brackets are to be replaced with the
				relevant information and the brackets deleted:
TRUST AGREEMENT, the "AGREEMENT" entered into as of [date] by
				  and between [name of the owner or operator] a [name of state] [insert
				  "corporation" "partnership," "association" or "proprietorship"], the "GRANTOR,"
				  and [name of corporate trustee],
[insert "incorporated in the state of ____________ " or "a
				  national bank"], the
"TRUSTEE".
Whereas, the North Dakota department of environmental quality
				  "DEPARTMENT" a regulatory agency of the state of North Dakota, has established
				  certain regulations applicable to the GRANTOR requiring that an owner or
				  operator of a facility regulated under sections
				  33.1-24-05-01 through
				  33.1-24-05-190,
				  33.1-24-05-300 through
				  33.1-24-05-524,
				  33.1-24-05-550 through
				  33.1-24-05-559 and
				  33.1-24-05-800 through
				  33.1-24-05-819 or subsection 5
				  of section
				  33.1-24-06-16, or satisfying the
				  conditions of the exclusion under subdivision y of subsection 1 of section
				  33.1-24-02-04 shall provide
				  assurance that funds will be available when needed for care of the facility
				  under sections
				  33.1-24-05-59 through
				  33.1-24-05-73 or subsection 5 of
				  section 33.1-24-06-16, as
				  applicable,
Whereas, the GRANTOR has elected to establish a trust to
				  provide all or part of such financial assurance for the facilities identified
				  herein,
Whereas, the GRANTOR acting through its duly authorized
				  officers has selected the TRUSTEE to be the TRUSTEE under this AGREEMENT and
				  the TRUSTEE is willing to act as TRUSTEE,
Now, therefore, the GRANTOR and the TRUSTEE agree as
				  follows:
Section 1.
Definitions.
As used in this AGREEMENT:
(a) The term GRANTOR means the owner or
				operator who enters into this AGREEMENT and any successors or assigns of the
				GRANTOR.
(b) The term TRUSTEE means
				the TRUSTEE who enters into this AGREEMENT and any successor TRUSTEE.
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 33.1-24-02-50 - Applicability of requirements for use and management of containers

Current through Supplement No. 393, July, 2024
Sections 33.1-24-02-50 through
				  33.1-24-02-59 apply to hazardous
				  secondary materials excluded under the remanufacturing exclusion at subdivision
				  z of subsection 1 of section
				  33.1-24-02-04 and stored in
				  containers.
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 33.1-24-02-51 - Condition of containers

Current through Supplement No. 393, July, 2024
If a container holding hazardous secondary material is not in
				  good condition (for example, severe rusting, apparent structural defects) or if
				  it begins to leak, the hazardous secondary material must be transferred from
				  this container to a container that is in good condition or managed in some
				  other way that complies with the requirements of this
				  chapter.
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 33.1-24-02-52 - Compatibility of hazardous secondary materials with containers

Current through Supplement No. 393, July, 2024
The container must be made of or lined with materials that
				  will not react with, and are otherwise compatible with, the hazardous secondary
				  material to be stored, so that the ability of the container to contain the
				  material is not impaired.
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 33.1-24-02-53 - Management of containers

Current through Supplement No. 393, July, 2024
1. A container
				holding hazardous secondary material must always be closed during storage,
				except when it is necessary to add or remove the hazardous secondary
				material.
2. A container holding
				hazardous secondary material must not be opened, handled, or stored in a manner
				that may rupture the container or cause it to leak.
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 33.1-24-02-55 - Containment

Current through Supplement No. 393, July, 2024
1. Container
				storage areas must have a containment system that is designed and operated in
				accordance with subsection 2.
2. A
				containment system must be designed and operated as follows:
a. A base must underlie the containers which
				is free of cracks or gaps and is sufficiently impervious to contain leaks,
				spills, and accumulated precipitation until the collected material is detected
				and removed;
b. The base must be
				sloped or the containment system must be otherwise designed and operated to
				drain and remove liquids resulting from leaks, spills, or precipitation, unless
				the containers are elevated or are otherwise protected from contact with
				accumulated liquids;
c. The
				containment system must have sufficient capacity to contain ten percent of the
				volume of containers or the volume of the largest container, whichever is
				greater.
d. Run-on into the
				containment system must be prevented unless the collection system has
				sufficient excess capacity in addition to that required in subdivision c to
				contain any run-on which might enter the system; and
e. Spilled or leaked material and accumulated
				precipitation must be removed from the sump or collection area in as timely a
				manner as is necessary to prevent overflow of the collection system.
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 33.1-24-02-56 - Special requirements for ignitable or reactive hazardous secondary material

Current through Supplement No. 393, July, 2024
Containers holding ignitable or reactive hazardous secondary
				  material must be located at least fifteen meters [50 feet] from the facility's
				  property line.
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 33.1-24-02-57 - Special requirements for incompatible materials

Current through Supplement No. 393, July, 2024
1. Incompatible
				materials must not be placed in the same container.
2. Hazardous secondary material must not be
				placed in an unwashed container that previously held an incompatible
				material.
3. A storage container
				holding a hazardous secondary material that is incompatible with any other
				materials stored nearby must be separated from the other materials or protected
				from them by means of a dike, berm, wall, or other device.
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 33.1-24-02-59 - Air emission standards

Current through Supplement No. 393, July, 2024
The remanufacturer or other person that stores or treats the
				  hazardous secondary material shall manage all hazardous secondary material
				  placed in a container in accordance with the applicable requirements of
				  sections
				  33.1-24-02-170 through
				  33.1-24-02-214.
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 33.1-24-02-60 - Applicability of tank requirements

Current through Supplement No. 393, July, 2024
1. Sections
				33.1-24-02-60 through
				33.1-24-02-74 apply to tank
				systems for storing or treating hazardous secondary material excluded under the
				remanufacturing exclusion at subdivision z of subsection 1 of section
				33.1-24-02-04.
2. Tank systems, including sumps, as defined
				in section
				33.1-24-01-04, which serve as
				part of a secondary containment system to collect or contain releases of
				hazardous secondary materials are exempted from the requirements in subsection
				1 of section
				33.1-24-02-63.
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 33.1-24-02-61 - Assessment of existing tank system's integrity

Current through Supplement No. 393, July, 2024
1. Tank systems
				must meet the secondary containment requirements of section
				33.1-24-02-63, or the
				remanufacturer or other person that handles the hazardous secondary material
				must determine that the tank system is not leaking or is unfit for use. Except
				as provided in subsection 3, a written assessment reviewed and certified by a
				qualified professional engineer must be kept on file at the remanufacturer's
				facility or other facility that stores or treats the hazardous secondary
				material that attests to the tank system's integrity.
2. This assessment must determine that the
				tank system is adequately designed and has sufficient structural strength and
				compatibility with the materials to be stored or treated, to ensure that it
				will not collapse, rupture, or fail. At a minimum, this assessment must
				consider the following:
a. Design standards,
				if available, according to which the tank and ancillary equipment were
				constructed;
b. Hazardous
				characteristics of the materials that have been and will be handled;
c. Existing corrosion protection
				measures;
d. Documented age of the
				tank system, if available (otherwise, an estimate of the age); and
e. Results of a leak test, internal
				inspection, or other tank integrity examination such that:
(1) For nonenterable underground tanks, the
				assessment must include a leak test that is capable of taking into account the
				effects of temperature variations, tank end deflection, vapor pockets, and high
				water table effects; and
(2) For
				other than nonenterable underground tanks and for ancillary equipment, this
				assessment must include either a leak test, as described above, or other
				integrity examination that is certified by a qualified professional engineer
				that addresses cracks, leaks, corrosion, and erosion.
Note: The practices described in the American Petroleum
				  Institute (API) Publication, Guide for Inspection of Refinery Equipment,
				  Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition, 1981,
				  may be used, where applicable, as guidelines in conducting other than a leak
				  test.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-63 - Containment and detection of releases

Current through Supplement No. 393, July, 2024
1. Secondary
				containment systems must be:
a. Designed,
				installed, and operated to prevent any migration of materials or accumulated
				liquid out of the system to the soil, ground water, or surface water at any
				time during the use of the tank system; and
b. Capable of detecting and collecting
				releases and accumulated liquids until the collected material is removed.
Note: If the collected material is a hazardous waste under
				  this chapter, it is subject to management as a hazardous waste in accordance
				  with all applicable requirements of chapters 33.1-24-03 and 33.1-24-04,
				  sections
				  33.1-24-05-01 through
				  33.1-24-05-559,
				  33.1-24-05-800 through
				  33.1-24-05-929, and subsection 5
				  of section
				  33.1-24-06-16. If the collected
				  material is discharged through a point source to waters of the United States,
				  it is subject to the requirements of sections 301, 304, and 402 of the Clean
				  Water Act, as amended. If discharged to a publicly owned treatment works, it is
				  subject to the requirements of section 307 of the Clean Water Act, as amended.
				  If the collected material is released to the environment, it may be subject to
				  the reporting requirements of 40 CFR part 302.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-64 - General operating requirements

Current through Supplement No. 393, July, 2024
1. Hazardous
				secondary materials or treatment reagents must not be placed in a tank system
				if they could cause the tank, its ancillary equipment, or the containment
				system to rupture, leak, corrode, or otherwise fail.
2. The remanufacturer or other person that
				stores or treats the hazardous secondary material must use appropriate controls
				and practices to prevent spills and overflows from tank or containment systems.
				These include at a minimum:
a. Spill
				prevention controls (for example, check valves, dry disconnect
				couplings);
b. Overfill prevention
				controls (for example, level sensing devices, high level alarms, automatic feed
				cutoff, or bypass to a standby tank); and
c. Maintenance of sufficient freeboard in
				uncovered tanks to prevent overtopping by wave or wind action or by
				precipitation.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-66 - Response to leaks or spills and disposition of leaking or unfit-for-use tank systems

Current through Supplement No. 393, July, 2024
A tank system or secondary containment system from which
				  there has been a leak or spill, or which is unfit for use, must be removed from
				  service immediately, and the remanufacturer or other person that stores or
				  treats the hazardous secondary material shall satisfy the following
				  requirements:
1. Cessation of use;
				prevent flow or addition of materials. The remanufacturer or other person that
				stores or treats the hazardous secondary material immediately shall stop the
				flow of hazardous secondary material into the tank system or secondary
				containment system and inspect the system to determine the cause of the
				release.
2. Removal of material
				from tank system or secondary containment system.
a. If the release was from the tank system,
				the remanufacturer or other person that stores or treats the hazardous
				secondary material, within twenty-four hours after detection of the leak or, if
				the remanufacturer or other person that stores or treats the hazardous
				secondary material demonstrates that it is not possible, at the earliest
				practicable time, shall remove as much of the material as is necessary to
				prevent further release of hazardous secondary material to the environment and
				to allow inspection and repair of the tank system to be performed.
b. If the material released was to a
				secondary containment system, all released materials must be removed within
				twenty-four hours or in as timely a manner as is possible to prevent harm to
				human health and the environment.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-67 - Termination of remanufacturing exclusion

Current through Supplement No. 393, July, 2024
Hazardous secondary material stored in units more than ninety
				  days after the unit ceases to operate under the remanufacturing exclusion at
				  paragraph z of subsection 1 of section
				  33.1-24-02-04 or otherwise
				  ceases to be operated for manufacturing, or for storage of a product or a raw
				  material, then becomes subject to regulation as hazardous waste under
				  33.1-24-02 through 33.1-24-04, 33.1-24-06, 33.1-24-07, sections
				  33.1-24-05-01 through
				  33.1-24-05-559,
				  33.1-24-05-800 through
				  33.1-24-05-929, and subsection 5
				  of section
				  33.1-24-06-16, as
				  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 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-68 - Special requirements for ignitable or reactive materials

Current through Supplement No. 393, July, 2024
1. Ignitable or
				reactive material must not be placed in tank systems, unless the material is
				stored or treated in such a way that it is protected from any material or
				conditions that may cause the material to ignite or react.
2. The remanufacturer or other person that
				stores or treats hazardous secondary material that is ignitable or reactive
				shall store or treat the hazardous secondary material in a tank that is in
				compliance with the requirements for the maintenance of protective distances
				between the material management area and any public ways, streets, alleys, or
				an adjoining property line that can be built upon as required in Tables 2-1
				through 2-6 of the National Fire Protection Association's "Flammable and
				Combustible Liquids Code," (1977 or 1981), incorporated by reference, see
				section 33.1-24-01-05.
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 33.1-24-02-69 - Special requirements for incompatible materials

Current through Supplement No. 393, July, 2024
1. Incompatible
				materials must not be placed in the same tank system.
2. Hazardous secondary material must not be
				placed in a tank system that has not been decontaminated and which previously
				held an incompatible material.
General Authority:
NDCC 23.1-04-03; 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 33.1-24-02-70 - Air emission standards

Current through Supplement No. 393, July, 2024
The remanufacturer or other person that stores or treats the
				  hazardous secondary material shall manage all hazardous secondary material
				  placed in a tank in accordance with the applicable requirements of sections
				  33.1-24-02-170 through
				  33.1-24-02-214.
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 33.1-24-02-120 - Applicability of emergency preparedness and response for management of excluded hazardous secondary materials

Current through Supplement No. 393, July, 2024
The requirements of sections 33.1-24-02-120 through
				  33.1-24-02-129 apply to those
				  areas of an entity managing hazardous secondary materials excluded under
				  subdivision x or y, or both, of subsection 1 of section
				  33.1-24-02-04 where hazardous
				  secondary materials are generated or accumulated onsite.
1. A generator of hazardous secondary
				material, or an intermediate or reclamation facility operating under a verified
				recycler variance under subsection 4 of section
				33.1-24-01-10, which accumulates
				six thousand kilograms or less of hazardous secondary material at any time
				shall comply with sections
				33.1-24-02-121 and
				33.1-24-02-122.
2. A generator of hazardous secondary
				material, or an intermediate or reclamation facility operating under a verified
				recycler variance under subsection 4 of section
				33.1-24-01-10 which accumulates
				more than six thousand kilograms of hazardous secondary material at any time
				shall comply with sections
				33.1-24-02-121 and
				33.1-24-02-129.
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 33.1-24-02-121 - Preparedness and prevention

Current through Supplement No. 393, July, 2024
1. Maintenance and
				operation of facility. Facilities generating or accumulating hazardous
				secondary material must be maintained and operated to minimize the possibility
				of a fire, explosion, or any unplanned sudden or nonsudden release of hazardous
				secondary materials or hazardous secondary material constituents to air, soil,
				or surface water which could threaten human health or the
				environment.
2. Required equipment.
				All facilities generating or accumulating hazardous secondary material must be
				equipped with the following, unless none of the hazards posed by hazardous
				secondary material handled at the facility could require a particular kind of
				equipment specified below:
a. An internal
				communications or alarm system capable of providing immediate emergency
				instruction (voice or signal) to facility personnel;
b. A device, such as a telephone (immediately
				available at the scene of operations) or a hand-held two-way radio, capable of
				summoning emergency assistance from local police departments, fire departments,
				or state or local emergency response teams;
c. Portable fire extinguishers, fire control
				equipment (including special extinguishing equipment, such as that using foam,
				inert gas, or dry chemicals), spill control equipment, and decontamination
				equipment; and
d. Water at adequate
				volume and pressure to supply water hose streams, or foam producing equipment,
				or automatic sprinklers, or water spray systems.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-122 - Emergency procedures for facilities generating or accumulating of six thousand kilograms or less of hazardous secondary material

Current through Supplement No. 393, July, 2024
A generator or an intermediate or reclamation facility
				  operating under a verified recycler variance under subsection 4 of section
				  33.1-24-01-10 which generates or
				  accumulates six thousand kilograms or less of hazardous secondary material
				  shall comply with the following requirements:
1. At all times there must be at least one
				employee either on the premises or on call (for example, available to respond
				to an emergency by reaching the facility within a short period of time) with
				the responsibility for coordinating all emergency response measures specified
				in subsection 4. This employee is the emergency coordinator.
2. The generator or intermediate or
				reclamation facility operating under a verified recycler variance under
				subsection 4 of section
				33.1-24-01-10 shall post the
				following information next to the telephone:
a. The name and telephone number of the
				emergency coordinator;
b. Location
				of fire extinguishers and spill control material, and, if present, fire alarm;
				and
c. The telephone number of the
				fire department, unless the facility has a direct alarm.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-129 - Contingency planning and emergency procedures for facilities generating or accumulating more than six thousand kilograms of hazardous secondary material

Current through Supplement No. 393, July, 2024
A generator or an intermediate or reclamation facility
				  operating under a verified recycler variance under subsection 4 of section
				  33.1-24-01-10 which generates or accumulates more than six thousand kilograms
				  of hazardous secondary material shall comply with the following
				  requirements:
1. Purpose and
				implementation of contingency plan.
a. Each
				generator or an intermediate or reclamation facility operating under a verified
				recycler variance under subsection 4 of section 33.1-24-01-10 which accumulates
				more than six thousand kilograms of hazardous secondary material shall have a
				contingency plan for the facility. The contingency plan must be designed to
				minimize hazards to human health or the environment from fires, explosions, or
				any unplanned sudden or nonsudden release of hazardous secondary material or
				hazardous secondary material constituents to air, soil, or surface water.
b. The provisions of the plan must
				be carried out immediately whenever there is a fire, explosion, or release of
				hazardous secondary material or hazardous secondary material constituents that
				could threaten human health or the environment.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-170 - Applicability to air emission standards for process vents

Current through Supplement No. 393, July, 2024
The requirements of sections 33.1-24-02-170 through
				  33.1-24-02-179 apply to process
				  vents associated with distillation, fractionation, thin-film evaporation,
				  solvent extraction, or air or steam stripping operations that manage hazardous
				  secondary materials excluded under the remanufacturing exclusion at subdivision
				  z of subsection 1 of section
				  33.1-24-02-04 with
				  concentrations of at least ten parts per million weight, unless the process
				  vents are equipped with operating air emission controls in accordance with the
				  requirements of an applicable Clean Air Act regulation codified under 40 CFR
				  part 60, part 61, or part 63.
General Authority:
NDCC 23.1-04-03; 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 33.1-24-02-172 - Standards - Process vents

Current through Supplement No. 393, July, 2024
1. The
				remanufacturer or other person that stores or treats hazardous secondary
				materials in hazardous secondary material management units with process vents
				associated with distillation, fractionation, thin-film evaporation, solvent
				extraction, or air or steam stripping operations managing hazardous secondary
				material with organic concentrations of at least ten parts per million weight
				either shall:
a. Reduce total organic
				emissions from all affected process vents at the facility below one and
				four-tenths kilograms per hour (three pounds per hour) and two and eight-tenths
				megagrams per year (three and one-tenth tons per year); or
b. Reduce, by use of a control device, total
				organic emissions from all affected process vents at the facility by
				ninety-five weight percent.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-173 - Standards - Closed-vent systems and control devices

Current through Supplement No. 393, July, 2024
1. Requirements for
				remanufacturers or other persons of closed-vent systems and control devices.
a. The remanufacturer or other person that
				stores or treats the hazardous secondary materials in hazardous secondary
				material management units using closed-vent systems and control devices used to
				comply with provisions of sections
				33.1-24-02-170 through
				33.1-24-02-179 shall comply with
				the provisions of this section.
b.
				[Reserved].
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 33.1-24-02-174 - Test methods and procedures

Current through Supplement No. 393, July, 2024
1. Each
				remanufacturer or other person that stores or treats the hazardous secondary
				material subject to the provisions of sections
				33.1-24-02-170 through
				33.1-24-02-179 shall comply with
				the test methods and procedural requirements provided in this
				section.
2. When a closed-vent
				system is tested for compliance with no detectable emissions, as required in
				subsection 12 of section
				33.1-24-02-173, the test must
				comply with the following requirements:
a.
				Monitoring must comply with Reference Method 21 in 40 CFR part 60.
b. The detection instrument must meet the
				performance criteria of Reference Method 21.
c. The instrument must be calibrated before
				use on each day of its use by the procedures specified in Reference Method
				21.
d. Calibration gases must be:
(1) Zero air (less than ten parts per million
				hydrocarbon in air).
(2) A mixture
				of methane or n-hexane and air at a concentration of approximately, but less
				than, ten thousand parts per million methane or n-hexane.
e. The background level must be determined as
				set forth in Reference Method 21.
f. The instrument probe must be traversed
				around all potential leak interfaces as close to the interface as possible as
				described in Reference Method 21.
g. The arithmetic difference between the
				maximum concentration indicated by the instrument and the background level is
				compared with five hundred parts per million for determining
				compliance.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-175 - Recordkeeping requirements

Current through Supplement No. 393, July, 2024
1. Applicability.
a. Each remanufacturer or other person that
				stores or treats the hazardous secondary material subject to the provisions of
				sections
				33.1-24-02-170 through
				33.1-24-02-179 shall comply with
				the recordkeeping requirements of this section.
b. A remanufacturer or other person that
				stores or treats the hazardous secondary material of more than one hazardous
				secondary material management unit subject to the provisions of sections
				33.1-24-02-170 through
				33.1-24-02-179 may comply with
				the recordkeeping requirements for these hazardous secondary material
				management units in one recordkeeping system if the system identifies each
				record by each hazardous secondary material management unit.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-180 - Applicability to air emission standards for equipment leaks

Current through Supplement No. 393, July, 2024
The requirements of sections 33.1-24-02-180 through
				  33.1-24-02-199 apply to
				  equipment that contains hazardous secondary materials excluded under the
				  remanufacturing exclusion at subdivision z of subsection 1 of section
				  33.1-24-02-04, unless the
				  equipment operations are subject to the requirements of an applicable Clean Air
				  Act regulation codified under 40 CFR part 60, part 61, or part
				  63.
General Authority:
NDCC 23.1-04-03; 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 33.1-24-02-181 - Definitions

Current through Supplement No. 393, July, 2024
As used in sections
				  33.1-24-02-180 through
				  33.1-24-02-199, 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
				  33.1-24-05-401, as amended at
				  section 33.1-24-02-171.
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 33.1-24-02-182 - Standards - Pumps in light liquid service

Current through Supplement No. 393, July, 2024
1. Timeframe.
a. Each pump in light liquid service must be
				monitored monthly to detect leaks by the methods specified in subsection 2 of
				section 33.1-24-02-193, except as
				provided in subsections 4, 5, and 6.
b. Each pump in light liquid service must be
				checked by visual inspection each calendar week for indications of liquids
				dripping from the pump seal.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-183 - Standards - Compressors

Current through Supplement No. 393, July, 2024
1. Each compressor
				must be equipped with a seal system that includes a barrier fluid system and
				which prevents leakage of total organic emissions to the atmosphere, except as
				provided in subsections 8 and 9.
2.
				Each compressor seal system as required in subsection 1 must be:
a. Operated with the barrier fluid at a
				pressure that is at all times greater than the compressor stuffing box
				pressure;
b. Equipped with a
				barrier fluid system that is connected by a closed-vent system to a control
				device that complies with the requirements of section
				33.1-24-02-190; or
c. Equipped with a system that purges the
				barrier fluid into a hazardous secondary material stream with no detectable
				emissions to atmosphere.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-184 - Standards - Pressure relief devices in gas or vapor service

Current through Supplement No. 393, July, 2024
1. Except during
				pressure releases, each pressure relief device in gas or vapor service must be
				operated with no detectable emissions, as indicated by an instrument reading of
				less than five hundred parts per million above background, as measured by the
				method specified in subsection 3 of section
				33.1-24-02-193.
2. Pressure release.
a. After each pressure release, the pressure
				relief device must be returned to a condition of no detectable emissions, as
				indicated by an instrument reading of less than five hundred parts per million
				above background, as soon as practicable, but no later than five calendar days
				after each pressure release, except as provided in section
				33.1-24-02-189.
b. No later than five calendar days after the
				pressure release, the pressure relief device must be monitored to confirm the
				condition of no detectable emissions, as indicated by an instrument reading of
				less than five hundred parts per million above background, as measured by the
				method specified in subsection 3 of section
				33.1-24-02-193.
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 33.1-24-02-185 - Standards - Sampling connection systems

Current through Supplement No. 393, July, 2024
1. Each sampling
				connection system must be equipped with a closed-purge, closed-loop, or
				closed-vent system. This system must collect the sample purge for return to the
				process or for routing to the appropriate treatment system. Gases displaced
				during filling of the sample container are not required to be collected or
				captured.
2. Each closed-purge,
				closed-loop, or closed-vent system as required in subsection 1 must meet one of
				the following requirements:
a. Return the
				purged process fluid directly to the process line;
b. Collect and recycle the purged process
				fluid; or
c. Be designed and
				operated to capture and transport all the purged process fluid to a material
				management unit that complies with the applicable requirements of sections
				33.1-24-02-204 through
				33.1-24-02-206 or a control
				device that complies with the requirements of 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 33.1-24-02-186 - Standards - Open-ended valves or lines

Current through Supplement No. 393, July, 2024
1. Requirements.
a. Each open-ended valve or line must be
				equipped with a cap, blind flange, plug, or a second valve.
b. The cap, blind flange, plug, or second
				valve must seal the open end at all times except during operations requiring
				hazardous secondary material stream flow through the open-ended valve or
				line.