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 33.1-24-05-455 - Standards - Surface impoundments
Universal Citation: ND Admin Code § 33.1-24-05-455
Current through Supplement No. 395, January, 2025
1. The provisions of this section apply to the control of air pollutant emissions from surface impoundments for which subsection 2 of section 33.1-24-05-452 references the use of this section for such air emission control.
2. The owner or operator shall control air pollutant emissions from the surface impoundment by installing and operating either of the following:
a. A floating
membrane cover in accordance with the provisions specified in subsection 3;
or
b. A cover that is vented
through a closed-vent system to a control device in accordance with the
provisions specified in subsection 4.
3. The owner or operator who controls air pollutant emissions from a surface impoundment using a floating membrane cover shall meet the requirements specified in subdivisions a through c.
a. The surface impoundment shall be equipped
with a floating membrane cover designed to meet the following specifications:
(1) The floating membrane cover must be
designed to float on the liquid surface during normal operations and form a
continuous barrier over the entire surface area of the liquid.
(2) The cover shall be fabricated from a
synthetic membrane material that is either:
(a) High-density polyethylene with a
thickness no less than 0.1 inches [2.5 millimeters]; or
(b) A material or a composite of different
materials determined to have both organic permeability properties that are
equivalent to those of the material listed in subparagraph a and chemical and
physical properties that maintain the material integrity for the intended
service life of the material.
(3) The cover must be installed so there are
no visible cracks, holes, gaps, or other open spaces between cover section
seams or between the interface of the cover edge and its foundation
mountings.
(4) Except as provided
for in paragraph 5, each opening in the floating membrane cover must be
equipped with a closure device designed to operate such that when the closure
device is secured in the closed position there are no visible cracks, holes,
gaps, or other open spaces in the closure device or between the perimeter of
the cover opening and the closure device.
(5) The floating membrane cover may be
equipped with one or more emergency cover drains for removal of stormwater.
Each emergency cover drain shall be equipped with a slotted membrane fabric
cover that covers at least ninety percent of the area of the opening or a
flexible fabric sleeve seal.
(6)
The closure devices must be made of suitable materials that will minimize
exposure of the hazardous waste to the atmosphere, to the extent practical, and
will maintain the integrity of the closure devices throughout their intended
service life. Factors to be considered when selecting the materials of
construction and designing the cover and closure devices include organic vapor
permeability; the effects of any contact with the liquid and its vapor managed
in the surface impoundment; the effects of outdoor exposure to wind, moisture,
and sunlight; and the operating practices used for the surface impoundment on
which the floating membrane cover is installed.
b. Whenever a hazardous waste is in the
surface impoundment, the floating membrane cover shall float on the liquid and
each closure device shall be secured in the closed position except as follows:
(1) Opening of closure devices or removal of
the cover is allowed at the following times:
(a) To provide access to the surface
impoundment for performing routine inspection, maintenance, or other activities
needed for normal operations. Examples of such activities include those times
when a worker needs to open a port to sample the liquid in the surface
impoundment, or when a worker needs to open a hatch to maintain or repair
equipment. Following completion of the activity, the owner or operator shall
promptly replace the cover and secure the closure device in the closed
position, as applicable.
(b) To
remove accumulated sludge or other residues from the bottom of a surface
impoundment.
(2) Opening
of a safety device, as defined in section
33.1-24-05-451, is allowed at
any time conditions require doing so to avoid an unsafe condition.
c. The owner or operator shall
inspect the floating membrane cover in accordance with the following
procedures:
(1) The floating membrane cover
and its closure devices shall be visually inspected by the owner or operator to
check for defects that could result in air pollutant emissions. Defects include
visible cracks, holes, or gaps in the cover section seams or between the
interface of the cover edge and its foundation mountings; broken, cracked, or
otherwise damaged seals or gaskets on closure devices; and broken or missing
hatches, access covers, caps, or other closure devices.
(2) The owner or operator shall perform an
initial inspection of the floating membrane cover and its closure devices on or
before the date that the surface impoundment becomes subject to this section.
Thereafter, the owner or operator shall perform the inspections at least once
every year except for the special conditions provided for in subsection
7.
(3) If a defect is detected, the
owner or operator shall repair the defect in accordance with the requirements
of subsection 6.
(4) The owner or
operator shall maintain a record of the inspection in accordance with the
requirements specified in subsection 3 of section
33.1-24-05-459.
4. The owner or operator who controls air pollutant emissions from a surface impoundment using a cover vented to a control device shall meet the requirements specified in subdivisions a through c.
a. The surface
impoundment must be covered by a cover and vented directly through a
closed-vent system to a control device in accordance with the following
requirements:
(1) The cover and its closure
devices must be designed to form a continuous barrier over the entire surface
area of the liquid in the surface impoundment.
(2) Each opening in the cover not vented to
the control device must be equipped with a closure device. If the pressure in
the vapor headspace underneath the cover is less than atmospheric pressure when
the control device is operating, the closure devices must be designed to
operate such that when the closure device is secured in the closed position
there are no visible cracks, holes, gaps, or other open spaces in the closure
device or between the perimeter of the cover opening and the closure device. If
the pressure in the vapor headspace underneath the cover is equal to or greater
than atmospheric pressure when the control device is operating, the closure
device must be designed to operate with no detectable organic emissions using
the procedure specified in subsection 4 of section
33.1-24-05-453.
(3) The cover and its closure devices must be
made of suitable materials that will minimize exposure of the hazardous waste
to the atmosphere, to the extent practical, and will maintain the integrity of
the cover and closure devices throughout their intended service life. Factors
to be considered when selecting the materials of construction and designing the
cover and closure devices shall include organic vapor permeability; the effects
of any contact with the liquid or its vapors managed in the surface
impoundment; the effects of outdoor exposure to wind, moisture, and sunlight;
and the operating practices used for the surface impoundment on which the cover
is installed.
(4) The closed-vent
system and control device must be designed and operated in accordance with the
requirements of section
33.1-24-05-457.
b. Whenever a hazardous waste is in the
surface impoundment, the cover must be installed with each closure device
secured in the closed position and the vapor headspace underneath the cover
vented to the control device except as follows:
(1) Venting to the control device is not
required, and opening of closure devices or removal of the cover is allowed at
the following times:
(a) To provide access to
the surface impoundment for performing routine inspection, maintenance, or
other activities needed for normal operations. Examples of such activities
include those times when a worker needs to open a port to sample liquid in the
surface impoundment, or when a worker needs to open a hatch to maintain or
repair equipment. Following completion of the activity, the owner or operator
shall promptly secure the closure device in the closed position or reinstall
the cover, as applicable, to the surface impoundment.
(b) To remove accumulated sludge or other
residues from the bottom of the surface impoundment.
(2) Opening of a safety device, as defined in
section 33.1-24-05-451, is allowed at
any time conditions require doing so to avoid an unsafe
condition.
c. The owner
or operator shall inspect and monitor the air emission control equipment in
accordance with the following procedures:
(1)
The surface impoundment cover and its closure devices must be visually
inspected by the owner or operator to check for defects that could result in
air pollutant emissions. Defects include visible cracks, holes, or gaps in the
cover section seams or between the interface of the cover edge and its
foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on
closure devices; and broken or missing hatches, access covers, caps, or other
closure devices.
(2) The
closed-vent system and control device must be inspected and monitored by the
owner or operator in accordance with the procedures specified in section
33.1-24-05-457.
(3) The owner or operator shall perform an
initial inspection of the air emission control equipment on or before the date
that the surface impoundment becomes subject to this section. Thereafter, the
owner or operator shall perform the inspections at least once every year except
for the special conditions provided for in subsection 7.
(4) If a defect is detected, the owner or
operator shall repair the defect in accordance with the requirements of
subsection 6.
(5) The owner or
operator shall maintain a record of the inspection in accordance with the
requirements specified in subsection 3 of section
33.1-24-05-459.
5. The owner or operator shall transfer hazardous waste to a surface impoundment subject to this section in accordance with the following requirements:
a. Transfer of hazardous waste, except as
provided in subdivision b, to the surface impoundment from another surface
impoundment subject to this section or from a tank subject to section
33.1-24-05-454 must be conducted
using continuous hard-piping or another closed system that does not allow
exposure of the waste to the atmosphere. For the purpose of complying with this
provision, an individual drain system is considered to be a closed system when
it meets the requirements of 40 CFR part 63, subpart RR -National Emission
Standards for Individual Drain Systems.
b. The requirements of subdivision a do not
apply when transferring a hazardous waste to the surface impoundment under any
of the following conditions:
(1) The
hazardous waste meets the average VO concentration conditions specified in
subdivision a of subsection 3 of section
33.1-24-05-452 at the point of
waste origination.
(2) The
hazardous waste has been treated by an organic destruction or removal process
to meet the requirements in subdivision b of subsection 3 of section
33.1-24-05-452.
(3) The hazardous waste meets the
requirements of subdivision d of subsection 3 of section
33.1-24-05-452.
6. The owner or operator shall repair each defect detected during an inspection performed in accordance with the requirements of subdivision c of subsection 3 or subdivision c of subsection 4 as follows:
a. The owner or operator shall
make first efforts at repair of the defect no later than five calendar days
after detection and repair shall be completed as soon as possible but no later
than forty-five calendar days after detection except as provided in subdivision
b.
b. Repair of a defect may be
delayed beyond forty-five calendar days if the owner or operator determines
that repair of the defect requires emptying or temporary removal from service
of the surface impoundment and no alternative capacity is available at the site
to accept the hazardous waste normally managed in the surface impoundment. In
this case, the owner or operator shall repair the defect the next time the
process or unit that is generating the hazardous waste managed in the surface
impoundment stops operation. Repair of the defect must be completed before the
process or unit resumes operation.
7. Following the initial inspection and monitoring of the cover as required by the applicable provisions of sections 33.1-24-05-450 through 33.1-24-05-474, subsequent inspection and monitoring may be performed at intervals longer than one year in the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions. In this case, the owner or operator may designate the cover as an "unsafe to inspect and monitor cover" and comply with all of the following requirements:
a. Prepare a written explanation for the
cover stating the reasons why the cover is unsafe to visually inspect or to
monitor, if required.
b. Develop
and implement a written plan and schedule to inspect and monitor the cover
using the procedures specified in the applicable section of sections
33.1-24-05-450 through
33.1-24-05-474 as frequently as
practicable during those times when a worker can safely access the
cover.
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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