Current through Supplement No. 395, January, 2025
1. The requirements
of sections 33.1-24-05-450 through
33.1-24-05-474 apply to owners
and operators of all facilities that treat, store, or dispose of hazardous
waste in tanks, surface impoundments, or containers subject to either sections
33.1-24-05-89 through
33.1-24-05-129 except as section
33.1-24-05-01 and subsection 2
provide otherwise.
2. The
requirements of sections 33.1-24-05-450 through
33.1-24-05-474 do not apply to
the following waste management units at the facility:
a. A waste management unit that holds
hazardous waste placed in the unit before December 6, 1996, and in which no
hazardous waste is added to the unit on or after December 6, 1996.
b. A container that has a design capacity
less than or equal to 26.417 gallons [0.1
meters3].
c. A tank in which an owner or operator has
stopped adding hazardous waste and the owner or operator has begun implementing
or completed closure pursuant to an approved closure plan.
d. A surface impoundment in which an owner or
operator has stopped adding hazardous waste (except to implement an approved
closure plan) and the owner or operator has begun implementing or completed
closure pursuant to an approved closure plan.
e. A waste management unit that is used
solely for onsite treatment or storage of hazardous waste that is placed in the
unit as a result of implementing remedial activities required under the
corrective action authorities of Resource Conservation and Recovery Act
sections 3004(u), 3004(v), or 3008(h); Comprehensive Environmental Response,
Compensation and Liability Act authorities, or similar federal or state
authorities.
f. A waste management
unit that is used solely for the management of radioactive mixed waste in
accordance with all applicable regulations under the authority of the Atomic
Energy Act and the Nuclear Waste Policy Act.
g. A hazardous waste management unit that the
owner or operator certifies is equipped with and operating air emission
controls in accordance with the requirements of an applicable Clean Air Act
regulation codified under 40 CFR part 60, part 61, or part 63. For the purpose
of complying with this subdivision, a tank for which the air emission control
includes an enclosure, as opposed to a cover, must be in compliance with the
enclosure and control device requirements of subsection 9 of section
33.1-24-05-454, except as
provided in subdivision e of subsection 3 of section
33.1-24-05-452.
h. A tank that has a process vent as defined
in section
33.1-24-05-401.
3. For the owner and operator of a facility
subject to sections 33.1-24-05-450 through
33.1-24-05-474, and who received
a final state-issued hazardous waste permit prior to December 6, 1996, the
requirements of sections 33.1-24-05-450 through
33.1-24-05-474 shall be
incorporated into the permit when the permit is reissued in accordance with the
requirements of section
33.1-24-07-11 or reviewed in
accordance with the requirements of section
33.1-24-06-06. Until such date
when the permit is reissued in accordance with the requirements of section
33.1-24-07-11 or reviewed in
accordance with the requirements of section
33.1-24-06-06, the owner and
operator are subject to the applicable requirements of subsection 5 of section
33.1-24-06-16.
4. The requirements of sections
33.1-24-05-450 through
33.1-24-05-474, except for the
recordkeeping requirements specified in subsection 9 of section
33.1-24-05-459, are
administratively stayed for a tank or a container used for the management of
hazardous waste generated by organic peroxide manufacturing and its associated
laboratory operations when the owner or operator of the unit meets all of the
following conditions:
a. The owner or
operator identifies that the tank or container receives hazardous waste
generated by an organic peroxide manufacturing process producing more than one
functional family of organic peroxides or multiple organic peroxides within one
functional family, that one or more of these organic peroxides could
potentially undergo self-accelerating thermal decomposition at or below ambient
temperatures, and that organic peroxides are the predominant products
manufactured by the process. For the purpose of meeting the conditions of this
subdivision, "organic peroxide" means an organic compound that contains the
bivalent -0-0- structure and which may be considered to be a structural
derivative of hydrogen peroxide where one or both of the hydrogen atoms has
been replaced by an organic radical.
b. The owner or operator prepares
documentation, in accordance with the requirements of subsection 9 of section
33.1-24-05-459, explaining why
an undue safety hazard would be created if air emission controls specified in
sections
33.1-24-05-454 through
33.1-24-05-457 are installed and
operated on the tanks and containers used at the facility to manage the
hazardous waste generated by the organic peroxide manufacturing process or
processes meeting the conditions of subdivision a.
c. The owner or operator notifies the
department in writing that hazardous waste generated by an organic peroxide
manufacturing process or processes meeting the conditions of subdivision a are
managed at the facility in tanks or containers meeting the conditions of
subdivision b. The notification shall state the name and address of the
facility, and be signed and dated by an authorized representative of the
facility owner or operator.
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, §
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