Current through Supplement No. 395, January, 2025
1. Each owner or
operator of a facility subject to requirements in sections
33.1-24-05-450 through
33.1-24-05-474 shall record and
maintain the information specified in subsections 2 through 10, as applicable
to the facility. Except for air emission control equipment design documentation
and information required by subsections 9 and 10, records required by this
section shall be maintained in the operating record for a minimum of three
years. Air emission control equipment design documentation shall be maintained
in the operating record until the air emission control equipment is replaced or
otherwise no longer in service. Information required by subsections 9 and 10
shall be maintained in the operating record for as long as the waste management
unit is not using air emission controls specified in sections
33.1-24-05-454 through
33.1-24-05-457 in accordance
with the conditions specified in subsection 4 or subdivision g of subsection 2
of section
33.1-24-05-450,
respectively.
2. The owner or
operator of a tank using air emission controls in accordance with the
requirements of section
33.1-24-05-454 shall prepare and
maintain records for the tank that include the following information:
a. For each tank using air emission controls
in accordance with the requirements of section
33.1-24-05-454, the owner or
operator shall record:
(1) A tank
identification number (or other unique identification description as selected
by the owner or operator).
(2) A
record for each inspection required by section
33.1-24-05-454 that includes the
following information:
(a) Date inspection
was conducted.
(b) For each defect
detected during the inspection, the location of the defect, a description of
the defect, the date of detection, and corrective action taken to repair the
defect. In the event that repair of the defect is delayed in accordance with
the provisions of section
33.1-24-05-454, the owner or
operator shall also record the reason for the delay and the date that
completion of repair of the defect is expected.
b. In addition to the information required by
subdivision a, the owner or operator shall record the following information, as
applicable to the tank:
(1) The owner or
operator using a fixed roof to comply with the tank level 1 control
requirements specified in subsection 3 of section
33.1-24-05-454 shall prepare and
maintain records for each determination for the maximum organic vapor pressure
of the hazardous waste in the tank performed in accordance with the
requirements of subsection 3 of section
33.1-24-05-454. The records
shall include the date and time the samples were collected, the analysis method
used, and the analysis results.
(2)
The owner or operator using an internal floating roof to comply with the tank
level 2 control requirements specified in subsection 5 of section
33.1-24-05-454 shall prepare and
maintain documentation describing the floating roof design.
(3) Owners and operators using an external
floating roof to comply with the tank level 2 control requirements specified in
subsection 6 of section
33.1-24-05-454 shall prepare and
maintain the following records:
(a)
Documentation describing the floating roof design and the dimensions of the
tank.
(b) Records for each seal gap
inspection required by subdivision c of subsection 6 of section
33.1-24-05-454 describing the
results of the seal gap measurements. The records shall include the date that
the measurements were performed, the raw data obtained for the measurements,
and the calculations of the total gap surface area. In the event that the seal
gap measurements do not conform to the specifications in subdivision a of
subsection 6 of section
33.1-24-05-454, the records
shall include a description of the repairs that were made, the date the repairs
were made, and the date the tank was emptied, if necessary.
(4) Each owner or operator using an enclosure
to comply with the tank level 2 control requirements specified in subsection 9
of section
33.1-24-05-454 shall prepare and
maintain the following records:
(a) Records
for the most recent set of calculations and measurements performed by the owner
or operator to verify that the enclosure meets the criteria of a permanent
total enclosure as specified in "Procedure T - Criteria for and Verification of
a Permanent or Temporary Total Enclosure" under
40
CFR 52.741, appendix B.
(b) Records required for the closed-vent
system and control device in accordance with the requirements of subsection
5.
3.
The owner or operator of a surface impoundment using air emission controls in
accordance with the requirements of section
33.1-24-05-455 shall prepare and
maintain records for the surface impoundment that include the following
information:
a. A surface impoundment
identification number (or other unique identification description as selected
by the owner or operator).
b.
Documentation describing the floating membrane cover or cover design, as
applicable to the surface impoundment, that includes information prepared by
the owner or operator or provided by the cover manufacturer or vendor
describing the cover design, and certification by the owner or operator that
the cover meets the specifications listed in subsection 3 of section
33.1-24-05-455.
c. A record for each inspection required by
section 33.1-24-05-455 that includes the
following information:
(1) Date inspection
was conducted.
(2) For each defect
detected during the inspection, the following information: the location of the
defect, a description of the defect, the date of detection, and corrective
action taken to repair the defect. In the event that repair of the defect is
delayed in accordance with the provisions of subsection 6 of section
33.1-24-05-455, the owner or
operator shall also record the reason for the delay and the date that
completion of repair of the defect is expected.
d. For a surface impoundment equipped with a
cover and vented through a closed-vent system to a control device, the owner or
operator shall prepare and maintain the record specified in subsection
5.
4. The owner or
operator of containers using container level 3 air emission controls in
accordance with the requirements of section
33.1-24-05-456 shall prepare and
maintain records that include the following information:
a. Records for the most recent set of
calculations and measurements performed by the owner or operator to verify that
the enclosure meets the criteria of a permanent total enclosure as specified in
"Procedure T - Criteria for and Verification of a Permanent or Temporary Total
Enclosure" under
40
CFR 52.741, appendix B.
b. Records required for the closed-vent
system and control device in accordance with the requirements of subsection
5.
5. The owner or
operator using a closed-vent system and control device in accordance with the
requirements of section
33.1-24-05-457 shall prepare and
maintain records that include the following information:
a. Documentation for the closed-vent system
and control device that includes:
(1)
Certification that is signed and dated by the owner or operator stating that
the control device is designed to operate at the performance level documented
by a design analysis as specified in paragraph 2 or by performance tests as
specified in paragraph 3 when the tank, surface impoundment, or container is or
would be operating at capacity or the highest level reasonably expected to
occur.
(2) If a design analysis is
used, then design documentation as specified in subdivision d of subsection 2
of section
33.1-24-05-405. The
documentation shall include information prepared by the owner or operator or
provided by the control device manufacturer or vendor that describes the
control device design in accordance with paragraph 3 of subdivision d of
subsection 2 of section
33.1-24-05-405 and certification
by the owner or operator that the control equipment meets the applicable
specifications.
(3) If performance
tests are used, then a performance test plan as specified in subdivision c of
subsection 2 of section
33.1-24-05-405 and all test
results.
(4) Information as
required by subdivisions a and b of subsection 3 of section
33.1-24-05-405, as
applicable.
(5) An owner or
operator shall record, on a semiannual basis, the information specified in
subparagraphs a and b for those planned routine maintenance operations that
would require the control device not to meet the requirements of paragraph 1,
2, or 3 of subdivision a of subsection 3 of section
33.1-24-05-457, as applicable.
(a) A description of the planned routine
maintenance that is anticipated to be performed for the control device during
the next six-month period. This description shall include the type of
maintenance necessary, planned frequency of maintenance, and lengths of
maintenance periods.
(b) A
description of the planned routine maintenance that was performed for the
control device during the previous six-month period. This description shall
include the type of maintenance performed and the total number of hours during
those six months that the control device did not meet the requirements of
paragraph 1, 2, or 3 of subdivision a of subsection 3 of section
33.1-24-05-457, as applicable,
due to planned routine maintenance.
(6) An owner or operator shall record the
information specified in subparagraphs a through c for those unexpected control
device system malfunctions that would require the control device not to meet
the requirements of paragraph 1, 2, or 3 of subdivision a of subsection 3 of
section 33.1-24-05-457, as applicable.
(a) The occurrence and duration of each
malfunction of the control device system.
(b) The duration of each period during a
malfunction when gases, vapors, or fumes are vented from the waste management
unit through the closed-vent system to the control device while the control
device is not properly functioning.
(c) Actions taken during periods of
malfunction to restore a malfunctioning control device to its normal or usual
manner of operation.
(7)
Records of the management of carbon removed from a carbon adsorption system
conducted in accordance with paragraph 2 of subdivision c of subsection 3 of
section 33.1-24-05-457.
6. The owner or operator of a tank, surface
impoundment, or container exempted from standards in accordance with the
provisions of subsection 3 of section
33.1-24-05-452 shall prepare and
maintain the following records, as applicable:
a. For tanks, surface impoundments, and
containers exempted under the hazardous waste organic concentration conditions
specified in subdivision a of subsection 3 or paragraphs 1 through 6 of
subdivision b of subsection 3 of section
33.1-24-05-452, the owner or
operator shall record information used for each waste determination (such as,
test results, measurements, calculations, and other documentation) in the
facility operating log. If analysis results for waste samples are used for the
waste determination, then the owner or operator shall record the date, time,
and location that each waste sample is collected in accordance with applicable
requirements of section
33.1-24-05-453.
b. For tanks, surface impoundments, or
containers exempted under the provisions of paragraph 7 or 8 of subdivision b
of subsection 3 of section
33.1-24-05-452, the owner or
operator shall record the identification number for the incinerator, boiler, or
industrial furnace in which the hazardous waste is treated.
7. An owner or operator designating a cover
as "unsafe to inspect and monitor" pursuant to subsection 12 of section
33.1-24-05-454 or subsection 7
of section
33.1-24-05-455 shall record in a
log that is kept in the facility operating record the following information:
the identification numbers for waste management units with covers that are
designated as "unsafe to inspect and monitor", the explanation for each cover
stating why the cover is unsafe to inspect and monitor, and the plan and
schedule for inspecting and monitoring each cover.
8. The owner or operator of a facility that
is subject to sections
33.1-24-05-450 through
33.1-24-05-474 and to the
control device standards in 40 CFR part 60, subpart VV, or 40 CFR part 61,
subpart V, may elect to demonstrate compliance with the applicable sections of
sections
33.1-24-05-450 through
33.1-24-05-474 by documentation
either pursuant to sections
33.1-24-05-450 through
33.1-24-05-474, or pursuant to
the provisions of 40 CFR part 60, subpart VV or 40 CFR part 61, subpart V, to
the extent that the documentation required by 40 CFR part 60 or 61 duplicates
the documentation required by this section.
9. For each tank or container not using air
emission controls specified in sections
33.1-24-05-454 through
33.1-24-05-457 in accordance
with the conditions specified in subsection 4 of section
33.1-24-05-450, the owner or
operator shall record and maintain the following information:
a. A list of the individual organic peroxide
compounds manufactured at the facility that meet the conditions specified in
subdivision a of subsection 4 of section
33.1-24-05-450.
b. A description of how the hazardous waste
containing the organic peroxide compounds identified in subdivision a are
managed at the facility in tanks and containers. This description shall
include:
(1) For tanks used at the facility
to manage this hazardous waste, sufficient information shall be provided to
describe for each tank a facility identification number for the tank; the
purpose and placement of this tank in the management train of this hazardous
waste; and the procedures used to ultimately dispose of the hazardous waste
managed in the tanks.
(2) For
containers used at the facility to manage these hazardous wastes, sufficient
information shall be provided to describe a facility identification number for
the container or group of containers; the purpose and placement of this
container, or group of containers, in the management train of this hazardous
waste; and the procedures used to ultimately dispose of the hazardous waste
handled in the containers.
c. An explanation of why managing the
hazardous waste containing the organic peroxide compounds identified in
subdivision a in the tanks and containers as described in subdivision b would
create an undue safety hazard if the air emission controls, as required under
sections
33.1-24-05-454 through
33.1-24-05-457, are installed
and operated on these waste management units. This explanation shall include
the following information:
(1) For tanks used
at the facility to manage these hazardous wastes, sufficient information shall
be provided to explain how use of the required air emission controls on the
tanks would affect the tank design features and facility operating procedures
currently used to prevent an undue safety hazard during the management of this
hazardous waste in the tanks; and why installation of safety devices on the
required air emission controls, as allowed under sections
33.1-24-05-450 through
33.1-24-05-474, will not address
those situations in which evacuation of tanks equipped with these air emission
controls is necessary and consistent with good engineering and safety practices
for handling organic peroxides.
(2) For containers used at the facility to
manage these hazardous wastes, sufficient information shall be provided to
explain how use of the required air emission controls on the containers would
affect the container design features and handling procedures currently used to
prevent an undue safety hazard during the management of this hazardous waste in
the containers; and why installation of safety devices on the required air
emission controls as allowed under sections
33.1-24-05-450 through
33.1-24-05-474, will not address
those situations in which evacuation of containers equipped with these air
emission controls is necessary and consistent with good engineering and safety
practices for handling organic peroxides.
10. For each hazardous waste management unit
not using air emission controls specified in sections
33.1-24-05-454 through
33.1-24-05-457 in accordance
with the requirements of subdivision g of subsection 2 of section
33.1-24-05-450, the owner and
operator shall record and maintain the following information:
a. Certification that the waste management
unit 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, 61, or 63.
b.
Identification of the specific requirements codified under 40 CFR part 60, 61,
or 63 with which the waste management unit is in
compliance.
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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