North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-24 - Hazardous Waste Management
Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS
Section 33.1-24-05-453 - Waste determination procedures
Universal Citation: ND Admin Code § 33.1-24-05-453
Current through Supplement No. 395, January, 2025
1. Waste determination procedure to determine average volatile organic (VO) concentration of a hazardous waste at the point of waste origination.
a. An owner or operator shall determine the
average VO concentration at the point of waste origination for each hazardous
waste placed in a waste management unit exempted under the provisions of
subdivision a of subsection 3 of section
33.1-24-05-452 from using air
emission controls in accordance with standards specified in sections
33.1-24-05-454 through
33.1-24-05-457, as applicable to
the waste management unit.
(1) An initial
determination of the average VO concentration of the waste stream shall be made
before the first time any portion of the material in the hazardous waste stream
is placed in a waste management unit exempted under the provisions of
subdivision a of subsection 3 of section
33.1-24-05-452 from using air
emission controls, and thereafter an initial determination of the average VO
concentration of the waste stream shall be made for each averaging period that
a hazardous waste is managed in the unit; and
(2) Perform a new waste determination
whenever changes to the source generating the waste stream are reasonably
likely to cause the average VO concentration of the hazardous waste to increase
to a level that is equal to or greater than the applicable VO concentration
limits specified in section
33.1-24-05-452.
b. For a waste determination that is required
by subdivision a, the average VO concentration of a hazardous waste at the
point of waste origination may be determined using either direct measurement as
specified in subdivision c or by knowledge as specified in subdivision d.
c. Direct measurement to determine
average VO concentration of a hazardous waste at the point of waste
origination.
(1) Identification. The owner or
operator shall identify and record the point of waste origination for the
hazardous waste.
(2) Sampling.
Samples of the hazardous waste stream must be collected at the point of waste
origination in a manner such that volatilization of organics contained in the
waste and in the subsequent sample is minimized and an adequately
representative sample is collected and maintained for analysis by the selected
method.
(a) The averaging period to be used
for determining the average VO concentration for the hazardous waste stream on
a mass-weighted average basis must be designated and recorded. The averaging
period can represent any time interval that the owner or operator determines is
appropriate for the hazardous waste stream but shall not exceed one
year.
(b) A sufficient number of
samples, but no less than four samples, must be collected and analyzed for a
hazardous waste determination. All of the samples for a given waste
determination shall be collected within a one-hour period. The average of the
four or more sample results constitutes a waste determination for the waste
stream. One or more waste determinations may be required to represent the
complete range of waste compositions and quantities that occur during the
entire averaging period due to normal variations in the operating conditions
for the source or process generating the hazardous waste stream. Examples of
such normal variations are seasonal variations in waste quantity or
fluctuations in ambient temperature.
(c) All samples must be collected and handled
in accordance with written procedures prepared by the owner or operator and
documented in a site sampling plan. This plan must describe the procedure by
which representative samples of the hazardous waste stream are collected such
that a minimum loss of organics occurs throughout the sample collection and
handling process, and by which sample integrity is maintained. A copy of the
written sampling plan must be maintained onsite in the facility operating
records. An example of an acceptable sample collection and handling procedures
for a total volatile organic constituent concentration may be found in method
25D in 40 CFR part 60, appendix A.
(d) Sufficient information, as specified in
the "site sampling plan" required under subparagraph c shall be prepared and
recorded to document the waste quantity represented by the samples and, as
applicable, the operating conditions for the source or process generating the
hazardous waste represented by the samples.
(3) Analysis. Each collected sample must be
prepared and analyzed in accordance with method 25D in 40 CFR part 60, appendix
A, for the total concentration of volatile organic constituents, or using one
or more methods when the individual organic compound concentrations are
identified and summed and the summed waste concentration accounts for and
reflects all organic compounds in the waste with Henry's law constant values at
least 0.1 mole-fraction-in-the-gas-phase/ mole-fraction-in-the-liquid-phase
(0.1 Y/X) (which can also be expressed as 1.8x10-6
atmospheres/gram-mole/meters3) at twenty-five
degrees Celsius. At the owner's or operator's discretion, the owner or operator
may adjust test data obtained by any appropriate method to discount any
contribution to the total volatile organic concentration that is a result of
including a compound with a Henry's law constant value of less than 0.1 Y/X at
twenty-five degrees Celsius. To adjust these data, the measured concentration
of each individual chemical constituent contained in the waste is multiplied by
the appropriate constituent-specific adjustment factor
(fm25D). If the owner or operator elects to adjust test
data, the adjustment must be made to all individual chemical constituents with
a Henry's law constant value greater than or equal to 0.1 Y/X at twenty-five
degrees Celsius contained in the waste. Constituent-specific adjustment factors
(fm25D) can be obtained by contacting the Waste and
Chemical Processes Group, Office of Air Quality Planning and Standards,
Research Triangle Park, NC 27711. Other test methods may be used if they meet
the requirements in subparagraphs a or b and provided the requirement to
reflect all organic compounds in the waste with Henry's law constant values
greater than or equal to 0.1 Y/X (which can also be expressed as
1.8x10-6
atmospheres/gram-mole/m3) at twenty-five degrees
Celsius, is met.
(a) Any environmental
protection agency standard method that has been validated in accordance with
"Alternative Validation Procedure for Environmental Protection Agency Waste and
Wastewater Methods", 40 CFR part 63, appendix D.
(b) Any other analysis method that has been
validated in accordance with the procedures specified in section 5.1 or 5.3,
and the corresponding calculations in section 6.1 or section 6.3, of method 301
in 40 CFR part 63, appendix A. The data are acceptable if they meet the
criteria specified in section 6.1.5 or 6.3.3 of method 301. If correction is
required under section 6.3.3 of method 301, the data are acceptable if the
correction factor is within the range 0.7 to 1.30. Other sections of method 301
are not required.
(4)
Calculations.
(a) The average VO concentration
(C) on a mass-weighted basis shall be calculated by using the results for all
waste determinations conducted in accordance with paragraphs 2 and 3 and the
following equation:
where:
C = Average VO concentration of the hazardous waste at the point of waste origination on a mass-weighted basis, parts per million weight.
i = Individual waste determination "i" of the hazardous waste.
n = Total number of waste determinations of the hazardous waste conducted (at least four) for the averaging period (not to exceed one year).
Qi = Mass quantity of hazardous waste stream represented by Ci, kilograms per hour.
QT = Total mass quantity of hazardous waste during the averaging period, kilograms per hour.
Ci = Measured VO concentration of waste determination "i" as determined in accordance with the requirements of paragraph 3 (for example, the average of the four or more samples specified in subparagraph b of paragraph 2), parts per million weight.
(b) For the purpose of determining Ci, for
individual waste samples analyzed in accordance with paragraph 3, the owner or
operator shall account for VO concentrations determined to be below the limit
of detection of the analytical method by using the following VO concentration:
[1] If method 25D in 40 CFR part 60, appendix
A, is used for the analysis, one-half the blank value determined in the method
at section 4.4 of method 25D in 40 CFR part 60, appendix A.
[2] If any other analytical method is used,
one-half the sum of the limits of detection established for each organic
constituent in the waste that has Henry's law constant values at least 0.1
mole-fraction-in-the-gas-phase/ mole-fraction-in-the-liquid-phase (0.1 Y/X)
(which can also be expressed as 1.8 x 10-6
atmospheres/gram - m ole/m3) at twenty - f ive
degrees Celsius.
(5) Provided that the test method is
appropriate for the waste as required under paragraph 3, the department will
determine compliance based on the test method used by the owner or operator as
recorded pursuant to subsection 6 of section
33.1-24-05-459.
d. Use of owner or operator
knowledge to determine average VO concentration of a hazardous waste at the
point of waste origination.
(1) Documentation
shall be prepared that presents the information used as the basis for the
owner's or operator's knowledge of the hazardous waste stream's average VO
concentration. Examples of information that may be used as the basis for
knowledge include material balances for the source or process generating the
hazardous waste stream; constituent-specific chemical test data for the
hazardous waste stream from previous testing that are still applicable to the
current waste stream; previous test data for other locations managing the same
type of waste stream; or other knowledge based on information included in
manifests, shipping papers, or waste certification notices.
(2) If test data are used as the basis for
knowledge, then the owner or operator shall document the test method, sampling
protocol, and the means by which sampling variability and analytical
variability are accounted for in the determination of the average VO
concentration. For example, an owner or operator may use organic concentration
test data for the hazardous waste stream that are validated in accordance with
method 301 in 40 CFR part 63, appendix A, as the basis for knowledge of the
waste.
(3) An owner or operator
using chemical constituent-specific concentration test data as the basis for
knowledge of the hazardous waste may adjust the test data to the corresponding
average VO concentration value which would have been obtained had the waste
samples been analyzed using method 25D and 40 CFR part 60, appendix A. To
adjust these data, the measured concentration for each individual chemical
constituent contained in the waste is multiplied by the appropriate
constituent-specific adjustment factor (fm25D).
(4) In the event that the department and the
owner or operator disagree on a determination of the average VO concentration
for a hazardous waste stream using knowledge, then the results from a
determination of average VO concentration using direct measurement as specified
in subdivision c must be used to establish compliance with the applicable
requirements in sections
33.1-24-05-450 through
33.1-24-05-474. The department
may perform or request that the owner or operator perform this determination
using direct measurement. The owner or operator may choose one or more
appropriate methods to analyze each collected sample in accordance with the
requirements of paragraph 3 of subdivision c.
2. Waste determination procedures for treated hazardous waste.
a. An owner or operator
shall perform the applicable waste determinations for each treated hazardous
waste placed in waste management units exempted under the provisions of
paragraphs 1 through 6 of subdivision b of subsection 3 of section
33.1-24-05-452 from using air
emission controls in accordance with standards specified in sections
33.1-24-05-454 through
33.1-24-05-457, as applicable to
the waste management unit.
(1) An initial
determination of the average VO concentration of the waste stream shall be made
before the first time any portion of the material in the treated waste stream
is placed in the exempt waste management unit, and thereafter update the
information used for the waste determination at least once every twelve months
following the date of the initial waste determination; and
(2) Perform a new waste determination
whenever changes to the process generating or treating the waste stream are
reasonably likely to cause the average VO concentration of the hazardous waste
to increase to a level such that the applicable treatment conditions specified
in subdivision b of subsection 3 of section
33.1-24-05-452 are not
achieved.
b. The waste
determination for a treated hazardous waste must be performed in accordance
with the procedures specified in subdivisions c through j, as applicable to the
treated hazardous waste.
c. The
owner or operator shall designate and record the specific provision in
subdivision b of subsection 3 of section
33.1-24-05-452 under which the
waste determination is being performed. The waste determination for the treated
hazardous waste shall be performed using the applicable procedures specified in
subdivisions d through j.
d.
Procedure to determine the average VO concentration of a hazardous waste at the
point of waste treatment.
(1) Identification.
The owner or operator shall identify and record the point of waste treatment
for the hazardous waste.
(2)
Sampling. Samples of the hazardous waste stream must be collected at the point
of waste treatment in a manner such that volatilization of organics contained
in the waste and in the subsequent sample is minimized and an adequately
representative sample is collected and maintained for analysis by the selected
method.
(a) The averaging period to be used
for determining the average VO concentration for the hazardous waste stream on
a mass-weighted average basis must be designated and recorded. The averaging
period can represent any time interval that the owner or operator determines is
appropriate for the hazardous waste stream but shall not exceed one
year.
(b) A sufficient number of
samples, but no less than four samples, must be collected and analyzed for a
hazardous waste determination. All of the samples for a given waste
determination shall be collected within a one-hour period. The average of the
four or more sample results constitutes a waste determination for the waste
stream. One or more waste determinations may be required to represent the
complete range of waste compositions and quantities that occur during the
entire averaging period due to normal variations in the operating conditions
for the process generating or treating the hazardous waste stream. Examples of
such normal variations are seasonal variations in waste quantity or
fluctuations in ambient temperature.
(c) All samples must be collected and handled
in accordance with written procedures prepared by the owner or operator and
documented in a site sampling plan. This plan must describe the procedure by
which representative samples of the hazardous waste stream are collected such
that a minimum loss of organics occurs throughout the sample collection and
handling process, and by which sample integrity is maintained. A copy of the
written sampling plan must be maintained onsite in the facility operating
records. An example of acceptable sample collection and handling procedures for
a total volatile organic constituent concentration may be found in method 25D
in 40 CFR part 60, appendix A.
(d)
Sufficient information, as specified in the site sampling plan required under
subparagraph c shall be prepared and recorded to document the waste quantity
represented by the samples and, as applicable, the operating conditions for the
process treating the hazardous waste represented by the samples.
(3) Analysis. Each collected
sample must be prepared and analyzed in accordance with method 25D in 40 CFR
part 60, appendix A, for the total concentration of volatile organic
constituents, or using one or more methods when the individual organic compound
concentrations are identified and summed and the summed waste concentration
accounts for and reflects all organic compounds in the waste with Henry's law
constant values at least 0.1 mole-fraction-in-the-gas-phase/
mole-fraction-in-the-liquid-phase (0.1 Y/X) (which can also be expressed as
1.8x10-6
atmospheres/gram-mole/meters3) at
twenty - five degrees Celsius. When the owner or operator is making a waste
determination for a treated hazardous waste that is to be compared to an
average VO concentration at the point of waste origination or the point of
waste entry to the treatment system to determine if the conditions of
paragraphs 1 through 6 of subdivision b of subsection 3 of section
33.1-24-05-452 are met, then the
waste samples shall be prepared and analyzed using the same method or methods
as were used in making the initial waste determinations at the point of waste
origination or at the point of entry to the treatment system. At the owner's or
operator's discretion, the owner or operator may adjust test data obtained by
any appropriate method to discount any contribution to the total volatile
organic concentration that is a result of including a compound with a Henry's
law constant value less than 0.1 Y/X at twenty-five degrees Celsius. To adjust
these data the measured concentration of each individual chemical constituent
contained in the waste is multiplied by the appropriate constituent-specific
adjustment factor (fm25D). If the owner or operator elects to adjust test data,
the adjustment must be made to all individual chemical constituents with a
Henry's law constant value greater than or equal to 0.1 Y/X at twenty-five
degrees Celsius contained in the waste. Constituent-specific adjustment factors
(fm25D) can be obtained by contacting the Waste and Chemical Processes Group,
Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.
Other test methods may be used if they meet the requirements in subparagraph a
or b of paragraph 3 of subdivision c of subsection 1 and provided the
requirement to reflect all organic compounds in the waste with Henry's law
constant values greater than or equal to 0.1 Y/X (which can also be expressed
as 1.8x10-6 atmospheres/gram - m ole/m 3) at
twenty-five degrees Celsius, is met.
(a) Any
environmental protection agency standard method that has been validated in
accordance with "Alternative Validation Procedure for Environmental Protection
Agency Waste and Wastewater Methods", 40 CFR part 63, appendix D.
(b) Any other analysis method that has been
validated in accordance with the procedures specified in section 5.1 or 5.3 and
the corresponding calculations" in section 6.1 or section 6.3 of method 301 in
40 CFR part 63, appendix A. The data are acceptable if they meet the criteria
specified in section 6.1.5 or 6.3.3 of method 301. If correction is required
under section 6.3.3 of method 301, the data are acceptable if the correction
factor is within the range 0.7 to 1.30. Other sections of method 301 are not
required.
(4)
Calculations. The average VO concentration (C) on a mass-weighted basis must be
calculated by using the results for all waste determinations conducted in
accordance with paragraphs 2 and 3 and the following equation:
where:
C = Average VO concentration of the hazardous waste at the point of waste treatment on a mass-weighted basis, parts per million weight.
i = Individual waste determination "i" of the hazardous waste.
n = Total number of waste determinations of the hazardous waste conducted for the averaging period (not to exceed one year).
Qi = Mass quantity of hazardous waste stream represented by Ci, kilograms per hour.
QT = Total mass quantity of hazardous waste during the averaging period, kilograms per hour
Ci = Measured VO concentration of waste determination "i" as determined in accordance with the requirements of paragraph 3 (for example, the average of the four or more samples specified in subparagraph b of paragraph 2), parts per million weight.
(5) Provided that the test method is
appropriate for the waste as required under paragraph 3, compliance shall be
determined based on the test method used by the" owner or operator as recorded
pursuant to subdivision a of subsection 6 of section
33.1-24-05-459.
e. Procedure to determine the exit
concentration limit (Ct) for a treated hazardous waste.
(1) The point of waste origination for each
hazardous waste treated by the process at the same time must be
identified.
(2) If a single
hazardous waste stream is identified in paragraph 1, then the exit
concentration limit (Ct) must be five hundred parts per
million weight.
(3) If more than
one hazardous waste stream is identified in paragraph 1, then the average VO
concentration of each hazardous waste stream at the point of waste origination
must be determined in accordance with the requirements of subsection 1. The
exit concentration limit (Ct) must be calculated by
using the results determined for each individual hazardous waste stream and the
following equation:
where:
Ct = Exit concentration limit for treated hazardous waste, parts per million weight.
x = Individual hazardous waste stream "x" that has an average VO concentration less than five hundred parts per million weight at the point of waste origination as determined in accordance with the requirements of subsection 1.
y = Individual hazardous waste stream "y" that has an average VO concentration equal to or greater than five hundred parts per million weight at the point of waste origination as determined in accordance with the requirements of subsection 1.
m = Total number of "x" hazardous waste streams treated by process.
n = Total number of "y" hazardous waste streams treated by process.
Qx = Annual mass quantity of hazardous waste stream "x", kilograms per year.
Qy = Annual mass quantity of hazardous waste stream "y", kilograms per year.
Cx = Average VO concentration of hazardous waste stream "x" at the point of waste origination as determined in accordance with the requirements of subsection 1, parts per million weight.
f.
Procedure to determine the organic reduction efficiency (R) for a treated
hazardous waste.
(1) The organic reduction
efficiency (R) for a treatment process must be determined based on results for
a minimum of three consecutive runs.
(2) All hazardous waste streams entering the
treatment process and all hazardous waste streams exiting the treatment process
must be identified. The owner or operator shall prepare a sampling plan for
measuring these streams that accurately reflects the retention time of the
hazardous waste in the process.
(3)
For each run, information must be determined for each hazardous waste stream
identified in paragraph 2 using the following procedures:
(a) The mass quantity of each hazardous waste
stream entering the process (Qb) and the mass quantity
of each hazardous waste stream exiting the process (Qa)
must be determined.
(b) The average
VO concentration at the point of waste origination of each hazardous waste
stream entering the process (Cb) during the run must be
determined in accordance with the requirements of subdivision c of subsection
1. The average VO concentration at the point of waste treatment of each waste
stream exiting the process (Ca) during the run must be
determined in accordance with the requirements of subdivision d.
(4) The waste volatile organic
mass flow entering the process (Eb) and the waste
volatile organic mass flow exiting the process (Ea) must
be calculated by using the results determined in accordance with paragraph 3
and the following equations:
where:
Ea = Waste volatile organic mass flow exiting process, kilograms per hour.
Eb = Waste volatile organic mass flow entering process, kilograms per hour.
m = Total number of runs (at least three).
j = Individual run "j".
Qbj = Mass quantity of hazardous waste entering process during run "j", kilograms per hour.
Qaj = Average mass quantity of hazardous waste exiting process during run "j", kilograms per hour.
Caj = Average VO concentration of hazardous waste exiting process during run "j" as determined in accordance with the requirements of subdivision d, parts per million weight.
Cbj = Average VO concentration of hazardous waste entering process during run "j" as determined in accordance with the requirements of subdivision c of subsection 1, parts per million weight.
(5) The organic
reduction efficiency of the process shall be calculated by using the results
determined in accordance with paragraph 4 and the following equation:
where:
R = Organic reduction efficiency, percent.
Eb = Waste volatile organic mass flow entering process as determined in accordance with the requirements of paragraph 4, kilograms per hour.
Ea = Waste volatile organic mass flow exiting process as determined in accordance with the requirements of paragraph 4, kilograms per hour.
g. Procedure to determine the organic
biodegradation efficiency (Rbio) for a treated hazardous
waste.
(1) The fraction of organics
biodegraded (Fbio) must be determined using the
procedure specified in 40 CFR part 63, appendix C.
(2) The Rbio must be calculated by using the
following equation:
where:
Rbio = Organic biodegradation efficiency, percent.
Fbio = Fraction of organic biodegraded as determined in accordance with the requirements of paragraph 1.
h. Procedure to
determine the required organic mass removal rate (RMR) for a treated hazardous
waste.
(1) All of the hazardous waste streams
entering the treatment process must be identified.
(2) The average VO concentration of each
hazardous waste stream at the point of waste origination must be determined in
accordance with the requirements of subsection 1.
(3) For each individual hazardous waste
stream that has an average VO concentration equal to or greater than five
hundred parts per million weight at the point of waste origination, the average
volumetric flow rate and the density of the hazardous waste stream at the point
of waste origination must be determined.
(4) The RMR must be calculated by using the
average VO concentration, average volumetric flow rate, and density determined
for each individual hazardous waste" stream, and the following equation:
where:
RMR = Required organic mass removal rate, kilograms per hour.
y = Individual hazardous waste stream "y" that has an average VO concentration equal to or greater than five hundred parts per million weight at the point of waste origination as determined in accordance with the requirements of subsection 1.
n = Total number of "y" hazardous waste streams treated by process.
Vy = Average volumetric flow rate of hazardous waste stream "y" at the point of waste origination, meters3 per hour.
Ky = Density of hazardous waste stream, "y", kilograms per meters3.
Cy = Average VO concentration of hazardous waste stream "y" at the point of waste origination as determined in accordance with the requirements of subsection 1, parts per million weight.
i.
Procedure to determine the actual organic mass removal rate (MR) for a treated
hazardous waste.
(1) The MR shall be
determined based on results for a minimum of three consecutive runs. The
sampling time for each run must be one hour.
(2) The waste volatile organic mass flow
entering the process (Eb) and the waste volatile organic mass flow exiting the
process (Ea) must be determined in accordance with the requirements of
paragraph 4 of subdivision f.
(3)
The MR must be calculated by using the mass flow rate determined in accordance
with the requirements of paragraph 2 and the following equation:
where:
MR = Actual organic mass removal rate, kilograms per hour.
Eb = Waste volatile organic mass flow entering process as determined in accordance with the requirements of paragraph 4 of subdivision f, kilograms per hour.
Ea = Waste volatile organic mass flow exiting process as determined in accordance with the requirements of paragraph 4 of subdivision f, kilograms per hour.
j. Procedure to determine the actual organic
mass biodegradation rate (MRbio) for a treated hazardous waste.
(1) The MRbio must be
determined based on results for a minimum of three consecutive runs. The
sampling time for each run must be one hour.
(2) The waste organic mass flow entering the
process (Eb) must be determined in accordance with the
requirements of paragraph 4 of subdivision f.
(3) The fraction of organic biodegraded
(Fbio) must be determined using the procedure specified
in 40 CFR part 63, appendix C.
(4)
The MRbio must be calculated by using the mass flow
rates and fraction of organic biodegraded determined in accordance with the
requirements of paragraphs 2 and 3, respectively, and the following equation:
where:
MRbio = Actual organic mass biodegradation rate, kilograms per hour.
Eb = Waste organic mass flow entering process as determined in accordance with the requirements of paragraph 4 of subdivision f, kilograms per hour.
Fbio = Fraction of organic biodegraded as determined in accordance with the requirements of paragraph 3.
3. Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.
a. An owner or operator shall
determine the maximum organic vapor pressure for each hazardous waste placed in
a tank using tank level 1 controls in accordance with standards specified in
subsection 3 of section
33.1-24-05-454.
b. The maximum organic vapor pressure of the
hazardous waste may be determined using either direct measurement as specified
in subdivision c or knowledge of the waste as specified in subdivision d to
determine the maximum organic vapor pressure which is representative of the
hazardous waste composition stored or treated in the tank.
c. Direct measurement to determine the
maximum organic vapor pressure of a hazardous waste.
(1) Sampling. A sufficient number of samples
must be collected to be representative of the waste contained in the tank. All
samples must be collected and handled in accordance with written procedures
prepared by the owner or operator and documented in a site sampling plan. This
plan must describe the procedure by which representative samples of the
hazardous waste are collected such that a minimum loss of organics occurs
throughout the sample collection and handling process and by which sample
integrity is maintained. A copy of the written sampling plan must be maintained
onsite in the facility operating records. An example of acceptable sample
collection and handling procedures may be found in method 25D in 40 CFR part
60, appendix A.
(2) Analysis. Any
appropriate one of the following methods may be used to analyze the samples and
compute the maximum organic vapor pressure of the hazardous waste:
(a) Method 25E in 40 CFR part 60, appendix
A;
(b) Methods described in
American Petroleum Institute Publication 2517, Third Edition, February 1989,
"Evaporative Loss from External Floating-Roof Tanks", as incorporated by
reference in section
33.1-24-01-05;
(c) Methods obtained from the standard
reference texts;
(d) ASTM method
2879-92, as incorporated by reference in section
33.1-24-01-05; or
(e) Any other method approved by the
department.
d.
Use of knowledge to determine the maximum organic vapor pressure of the
hazardous waste. Documentation must be prepared and recorded that presents the
information used as the basis for the owner's or operator's knowledge that the
maximum organic vapor pressure of the hazardous waste is less than the maximum
vapor pressure limit listed in paragraph 1 of subdivision a of subsection 2 of
section 33.1-24-05-454 for the
applicable tank design capacity category. An example of information that may be
used is documentation that the hazardous waste is generated by a process for
which at other locations it previously has been determined by direct
measurement that the waste maximum organic vapor pressure is less than the
maximum vapor pressure limit for the appropriate tank design capacity
category.
4. The procedure for determining no detectable organic emissions for the purpose of complying with sections 33.1-24-05-450 through 33.1-24-05-474 must be conducted in accordance with the procedures specified below:
a. The test must be conducted in accordance
with the procedures specified in method 21 of 40 CFR part 60, appendix A. Each
potential leak interface (for example, a location where organic vapor leakage
could occur) on the cover and associated closure devices must be checked.
Potential leak interfaces that are associated with covers and closure devices
include the interface of the cover and its foundation mounting, the periphery
of any opening on the cover and its associated closure device, and the sealing
seat interface on a spring-loaded pressure relief valve.
b. The test must be performed when the unit
contains a hazardous waste having an organic concentration representative of
the range of concentrations for the hazardous waste expected to be managed in
the unit. During the test, the cover and closure devices must be secured in the
closed position.
c. The detection
instrument must meet the performance criteria of method 21 of 40 CFR part 60,
appendix A, except the instrument response factor criteria in section 3.1.2(a)
of method 21 must be for the average composition of the organic constituents in
the hazardous waste placed in the waste management unit, not for each
individual organic constituent.
d.
The detection instrument must be calibrated before use on each day of its use
by the procedures specified in method 21 of 40 CFR part 60, appendix
A.
e. Calibration gases must be as
follows:
(1) Zero air (less than ten parts
per million volume hydrocarbon in air); and
(2) A mixture of methane or n-hexane and air
at a concentration of approximately, but less than, ten thousand parts per
million volume methane or n-hexane.
f. The background level must be determined
according to the procedures in method 21 of 40 CFR part 60, appendix
A.
g. Each potential leak interface
must be checked by traversing the instrument probe around the potential leak
interface as close to the interface as possible, as described in method 21 of
40 CFR part 60, appendix A. In the case when the configuration of the cover or
closure device prevents a complete traverse of the interface, all accessible
portions of the interface must be sampled. In the case when the configuration
of the closure device prevents any sampling at the interface and the device is
equipped with an enclosed extension or horn (for example, some pressure relief
devices), the instrument probe inlet must be placed at approximately the center
of the exhaust area to the atmosphere.
h. The arithmetic difference between the
maximum organic concentration indicated by the instrument and the background
level must be compared with the value of five hundred parts per million volume
except when monitoring a seal around a rotating shaft that passes through a
cover opening, in which case the comparison must be as specified in subdivision
i. If the difference is less than five hundred parts per million volume, then
the potential leak interface is determined to operate with no detectable
organic emissions.
i. For the seals
around a rotating shaft that passes through a cover opening, the arithmetic
difference between the maximum organic concentration indicated by the
instrument and the background level must be compared with the value of ten
thousand parts per million weight. If the difference is less than ten thousand
parts per million weight, then the potential leak interface is determined to
operate with no detectable organic emissions.
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
Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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