# 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

Kilograms Per Month That Accumulate Hazardous Waste in Tanks


That Constitutes Disposal
Constitutes Disposal Who Are Not the Ultimate Users
Constitutes Disposal

Recovery

Distributors, Treaters, and Disposal Facilities
Containing Polychlorinated Biphenyls
Treatment Standards Were Vacated
and Newly Listed Coke Byproduct and Chlorotoluene Production Wastes
Wastes

Pharmaceuticals
Waste Pharmaceuticals
Pharmaceuticals and Nonpharmaceutical Hazardous Waste
Controlled Substances and Household Waste Pharmaceuticals Collected in a Take
Back Event or Program
Facility or Evaluated Hazardous Waste Pharmaceuticals from a Reverse
Distributor
Care Facility or a Reverse Distributor to a Reverse Distributor
Pharmaceuticals and Evaluated Hazardous Waste Pharmaceuticals at Reverse
Distributors


Light Liquid or Heavy Liquid Service, and Flanges and Other Connectors
Percentage of Valves Allowed to Leak
Skip Period Leak Detection and Repair

Containers


Hazardous Waste Landfills


for Energy Recovery


33.1-24-05-799
Through 33.1-24-05-799


Storage, Treatment, Transportation, and Disposal
Low-Level Mixed Waste

Exemption
Regulatory Commission or Nuclear Regulatory Commission Agreement State
Equivalent Manifest and Transportation Regulations
Low-Level Mixed Waste





### § 33.1-24-05-01. Purpose, scope, and applicability.

1. The purpose of this chapter is to establish minimum standards which define the acceptable
management of hazardous waste.
2. The standards in this chapter apply to owners and operators of all facilities which treat, store,
or dispose of hazardous waste, except as specifically provided otherwise in this chapter or
chapter 33.1-24-02.
3. The requirements of this chapter apply to a person disposing of hazardous waste by means of
underground injection subject to a permit issued under an underground injection control
program approved or promulgated under the Safe Drinking Water Act only to the extent they
are required by chapter 33.1-24-06.
4. The requirements of this chapter apply to the owner or operator of a publicly owned treatment
works which treats, stores, or disposes of hazardous waste only to the extent they are
included in a hazardous waste permit by rule granted to such a person under chapter
33.1-24-06.
5. The requirements of this chapter apply to recyclable materials used in a manner constituting
disposal, hazardous waste burned for energy recovery, recyclable materials utilized for
precious metal recovery, and spent lead acid batteries being reclaimed.
6. The requirements of this chapter do not apply to:
a. The owner or operator of a facility permitted, licensed, or registered by the department to
manage municipal or industrial solid waste, if the only hazardous waste the facility treats,
stores, or disposes of is excluded from regulation under section 33.1-24-03-26.
b. The owner or operator of a facility managing recyclable materials described in
subdivisions b, c, and d of subsection 1 of section 33.1-24-02-06 (except to the extent

they are referred to in sections 33.1-24-05-600 through 33.1-24-05-689 or sections
33.1-24-05-249, or sections 33.1-24-05-525 through 33.1-24-05-549).
c. A generator accumulating waste onsite in compliance with sections 33.1-24-03-26
through 33.1-24-03-29.
d. A farmer disposing of pesticide containers from the farmer's own use in compliance with
section 33.1-24-03-40.
e. The owner or operator of a totally enclosed treatment facility, as defined in section
33.1-24-01-04.
f. The owner or operator of an elementary neutralization unit or a wastewater treatment unit
as defined in section 33.1-24-01-04, provided that if the owner or operator is diluting
hazardous ignitable (D001) wastes (other than the D001 high total organic carbon
subcategory defined in section 33.1-24-05-280, table treatment standards for hazardous
wastes, or reactive (D003) waste, to remove the characteristic before land disposal, the
owner or operator must comply with the requirements set out in subsection 2 of section
33.1-24-05-08).
g. Immediate response activities.
(1) Except as provided in paragraph 2, a person engaged in treatment or containment
activities during immediate response to any of the following situations:
(a) A discharge of hazardous waste.
(b) An imminent and substantial threat of a discharge of hazardous waste.
(c) A discharge of material which, when discharged, becomes a hazardous waste.
(d) An immediate threat to human health, public safety, property, or the
environment, from the known or suspected presence of military munitions,
other explosive material, or an explosive device, as determined by an
explosive or munitions emergency response specialist as defined in section
33.1-24-01-04.
(2) An owner or operator of a facility otherwise regulated by this chapter shall comply
with all applicable requirements of sections 33.1-24-05-15 through 33.1-24-05-36.
(3) Any person who is covered by paragraph 1 and continues or initiates hazardous
waste treatment or containment activities after the immediate response is over is
subject to all applicable requirements of this chapter and chapters 33.1-24-06 and
33.1-24-07.
(4) In the case of an explosives or munitions emergency response, if a federal, state,
tribal, or local official acting within the scope of that person's official responsibilities,
or an explosives or munitions emergency response specialist, determines that
immediate removal of the material or waste is necessary to protect human health or
the environment, that official or specialist may authorize the removal of the material
or waste by transporters who do not have identification numbers and without the
preparation of a manifest. In the case of emergencies involving military munitions,
the responding military emergency response specialist's organizational unit must
retain records for three years identifying the dates of the response, the responsible
persons responding, the type and description of material addressed, and its
disposition.

h. A transporter storing manifested shipments of hazardous waste in containers meeting the
requirements of section 33.1-24-03-08 at a transfer facility for a period of ten days or
less.
i. The addition of absorbent material to waste in a container (as defined in section
33.1-24-01-04) or the addition of waste to absorbent material in a container provided that
these actions occur at the time waste is first placed in a container and subsection 2 of
section 33.1-24-05-08 and sections 33.1-24-05-90 and 33.1-24-05-91 are complied with.
j. Universal waste handlers and universal waste transporters (as defined in section
33.1-24-01-04) handling the wastes listed below. These handlers are subject to
regulation under sections 33.1-24-05-700 through 33.1-24-05-799, when handling the
below-listed universal wastes:
(1) Batteries as described in section 33.1-24-05-702;
(2) Pesticides as described in section 33.1-24-05-703;
(3) Mercury-containing equipment as described in section 33.1-24-05-704;
(4) Lamps as described in section 33.1-24-05-705; and
(5) Aerosol cans as described in section 33.1-24-05-706.
k. Reverse distributors accumulating potentially creditable hazardous waste
pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in section
### § 33.1-24-05-310. Reverse distributors are subject to regulation under sections

33.1-24-05-190, sections 33.1-24-05-321 through 33.1-24-05-524, sections
pharmaceuticals and evaluated hazardous waste pharmaceuticals.
7. The requirements of this chapter apply to owners or operators of all facilities which treat, store,
or dispose of hazardous wastes referred to in sections 33.1-24-05-250 through
33.1-24-05-299.
8. Subsection 1 of section 33.1-24-05-09 applies only to facilities subject to regulation under
sections 33.1-24-05-89 through 33.1-24-05-190 and sections 33.1-24-05-300 through
33.1-24-05-309.
9. Section 33.1-24-05-825 identifies when the requirements of this chapter apply to the storage
of military munitions classified as solid waste under section 33.1-24-05-822. The treatment
and disposal of hazardous waste military munitions are subject to the applicable permitting,
procedural, and technical standards in article 33.1-24.
10. The requirements of sections 33.1-24-05-02 through 33.1-24-05-36 and section 33.1-24-05-58
do not apply to remediation waste management sites. (However, some remediation waste
management sites may be a part of a facility that is subject to a traditional hazardous waste
permit because the facility is also treating, storing, or disposing of hazardous wastes that are
not remediation wastes. In these cases, sections 33.1-24-05-02 through 33.1-24-05-36 and
section 33.1-24-05-58 do apply to the facility subject to the traditional hazardous waste
permit.) Instead of the requirements of sections 33.1-24-05-02 through 33.1-24-05-36, owners
or operators of remediation waste management sites must:
a. Obtain an identification number by applying to the department using environmental
protection agency form 8700-12, or equivalent state form;

b. Obtain a detailed chemical and physical analysis of a representative sample of the
hazardous remediation wastes to be managed at the site. At a minimum, the analysis
must contain all of the information which must be known to treat, store, or dispose of the
waste according to chapter 33.1-24-05, and must be kept accurate and up to date;
c. Prevent people who are unaware of the danger from entering, and minimize the
possibility for unauthorized people or livestock to enter onto the active portion of the
remediation waste management site, unless the owner or operator can demonstrate to
the department that:
(1) Physical contact with the waste, structures, or equipment within the active portion of
the remediation waste management site will not injure people or livestock who may
enter the active portion of the remediation waste management site; and
(2) Disturbance of the waste or equipment by people or livestock who enter onto the
active portion of the remediation waste management site will not cause a violation of
the requirements of this article;
d. Inspect the remediation waste management site for malfunctions, deterioration, operator
errors, and discharges that may be causing, or may lead to, a release of hazardous
waste constituents to the environment, or a threat to human health. The owner or
operator must conduct these inspections often enough to identify problems in time to
correct them before they harm human health or the environment, and must remedy the
problem before it leads to a human health or environmental hazard. If a hazard is
imminent or has already occurred, the owner or operator must take remedial action
immediately;
e. Provide personnel with classroom or on-the-job training on how to perform their duties in
a way that ensures the remediation waste management site complies with the
requirements of sections 33.1-24-05-01 through 33.1-24-05-190, 3-24-05-300 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, and on how to respond effectively to emergencies;
f. Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste,
and prevent threats to human health and the environment from ignitable, reactive, and
incompatible waste;
g. For remediation waste management sites subject to regulation under sections
33.1-24-05-309, the owner or operator must design, construct, operate, and maintain a
unit within a one hundred-year floodplain to prevent washout of any hazardous waste by
a one hundred-year flood, unless the owner or operator can meet the demonstration of
subsection 1 of section 33.1-24-05-09;
h. Not place any noncontainerized or bulk liquid hazardous waste in any salt dome
formation, salt bed formation, or underground mine or cave;
i. Develop and maintain a construction quality assurance program for all surface
impoundments, waste piles, and landfill units that are required to comply with
subsections 3 and 4 of section 33.1-24-05-119, subsections 2 and 3 of section
33.1-24-05-131, and subsections 3 and 4 of section 33.1-24-05-177 at the remediation
waste management site, according to the requirements of section 33.1-24-05-10;
j. Develop and maintain procedures to prevent accidents and a contingency and
emergency plan to control accidents that occur. These procedures must address proper
design, construction, maintenance, and operation of remediation waste management

units at the site. The goal of the plan must be to minimize the possibility of, and the
hazards from a fire, explosion, or any unplanned sudden or nonsudden release of
hazardous waste or hazardous waste constituents to air, soil, or surface water that could
threaten human health or the environment. The plan must explain specifically how to
treat, store, and dispose of the hazardous remediation waste in question, and must be
implemented immediately whenever a fire, explosion, or release of hazardous waste or
hazardous waste constituents which could threaten human health or the environment;
k. Designate at least one employee, either on the facility premises or on call (that is,
available to respond to an emergency by reaching the facility quickly), to coordinate all
emergency response measures. This emergency coordinator must be thoroughly familiar
with all aspects of the facility's contingency plan, all operations and activities at the
facility, the location and characteristics of waste handled, the location of all records within
the facility, and the facility layout. In addition, this person must have the authority to
commit the resources needed to carry out the contingency plan;
l. Develop, maintain, and implement a plan to meet the requirements in subdivisions b
through f, i, and j; and
m. Maintain records documenting compliance with subdivisions a through l.
History: Effective January 1, 2019; amended effective July 1, 2020; July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-02. Identification number and permit.

Every facility owner or operator shall apply to the department for an identification number and a
permit. The department may assess and collect reasonable fees for the review and issuance of permits.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03, 23.1-04-09; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08, 23.1-04-09; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-03. Required notices.

1. The owner or operator of a facility that is arranging or has arranged to receive hazardous
waste subject to sections 33.1-24-03-50 through 33.1-24-03-55 from a foreign source shall
submit the following required notices:
a. As per subsection 2 of section 33.1-24-03-55, for imports where the competent authority
of the country of export does not require the foreign exporter to submit to it a notification
proposing export and obtain consent from the environmental protection agency and the
competent authorities for the countries of transit, such owner or operator of the facility, if
acting as the importer, shall provide notification of the proposed transboundary
movement in English to the environmental protection agency using the allowable
methods listed in subdivision a of subsection 2 of section 33.1-24-03-55 at least sixty
days before the first shipment is expected to depart the country of export. The notification
may cover up to one year of shipments of wastes having similar physical and chemical
characteristics, the same United Nations classification, the same Resource Conservation
and Recovery Act waste codes and organization for economic cooperation and
development waste codes, and being sent from the same foreign exporter.
b. As per paragraph 15 of subdivision b of subsection 4 of section 33.1-24-03-55, a copy of
the movement document bearing all required signatures within three working days of
receipt of the shipment to the foreign exporter; to the competent authorities of the
countries of export and transit shipment as an export and transit that control the shipment

as an export and transit shipment of hazardous waste respectively; and on or after the
electronic import export reporting compliance date, to the environmental protection
agency electronically using the environmental protection agency's waste import export
tracking system, or its successor system. The original of the signed movement document
must be maintained at the facility for at least three years. The owner or operator of a
facility may satisfy this recordkeeping requirement by retaining electronically submitted
documents in the facility's account on the environmental protection agency's waste
import export tracking system or its successor system, provided that copies are readily
available for viewing and production if requested by any environmental protection agency
or authorized state inspector. No owner or operator of a facility may be held liable for the
inability to produce the documents for inspection under this section if the owner or
operator of a facility can demonstrate that the inability to produce the document is due
exclusively to technical difficulty with the environmental protection agency's waste import
export tracking system, or it successor system for which the owner or operator of a
facility bears no responsibility.
c. As per subdivision d of subsection 6 of section 33.1-24-03-55, if the facility has physical
control of the waste and it must be sent to an alternate facility or returned to the country
of export, such owner or operator of the facility shall inform the environmental protection
agency, using the allowable methods listed in subdivision a of subsection 2 of section
d. As per subsection 7 of section 33.1-24-03-55, such owner or operator shall;
(1) Send copies of the signed and dated confirmation of recovery or disposal, as soon
as possible, but no later than thirty days after completing recovery or disposal on
the waste in the shipment and no later than one calendar year following receipt of
the waste, to the foreign exporter, to the competent authority of the country of export
that controls the shipment as an export of hazardous waste, and for shipments
recycled or disposed of on or after the electronic import export reporting compliance
date, to the environmental protection agency electronically using the environmental
protection agency's waste import export tracking system, or its successor system.
(2) If the facility performed any of recovery operations R12, R13, or RC16, or disposal
operations D13 through D15, or DC17, promptly send copies of the confirmation of
recovery or disposal that it receives from the final recovery or disposal facility within
one year of shipment delivery to the final recovery or disposal facility that performed
one of recovery operations R1 through R11, or RC16, or one of disposal operations
D1 through D12, or DC15 to DC16, to the competent authority for the country of
export that controls the shipment as an export of hazardous waste, and on or after
the electronic import export reporting compliance date, to the environmental
protection agency electronically using the environmental protection agency's waste
import export tracking system, or its successor system. The recovery and disposal
operations in this paragraph are defined in section 33.1-24-03-51.
2. Before transferring ownership or operation of a facility during its operating life, or of a disposal
facility during the postclosure care period, the owner or operator shall notify the new owner or
operator in writing of the requirements in this chapter and chapter 33.1-24-06.
3. The owner or operator of a facility that receives hazardous waste from an offsite source
(except where the owner or operator is also the generator) shall inform the generator in writing
that the owner or operator has the appropriate permit for, and will accept, the waste the
generator is shipping. The owner or operator shall keep a copy of this written notice as part of
the operating record.
History: Effective January 1, 2019; amended effective July 1, 2020; July 1, 2021.

General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-04. General waste analysis.

1. Waste analysis requirements.
a. Before an owner or operator treats, stores, or disposes of any hazardous wastes, the
owner or operator shall obtain a detailed chemical and physical analysis of a
representative sample of the waste. At a minimum, this analysis must contain all the
information which must be known to treat, store, or dispose of the waste in accordance
with the requirements of this chapter or a permit issued under chapter 33.1-24-06.
b. The analysis may include data developed under chapter 33.1-24-02 and existing
published or documented data on the hazardous waste or on hazardous waste
generated from similar processes. (Comment: For example, the facility's records of
analyses performed on the waste before the effective date of these rules, or studies
conducted on hazardous wastes generated from processes similar to that which
generated the waste to be managed at the facility, may be included in the database
required to comply with subdivision a. The owner or operator of an offsite facility may
arrange for the generator of the hazardous waste to supply part of the information
required by subdivision a, except as otherwise specified in subsections 2 and 3 of section
### § 33.1-24-05-256. If the generator does not supply the information, and the owner or

operator chooses to accept a hazardous waste, the owner or operator is responsible for
obtaining the information required to comply with this section.)
c. The analysis must be repeated as necessary to ensure that it is accurate and up-to-date.
At a minimum, the analysis must be repeated:
(1) When the owner or operator is notified, or has reason to believe, that the process or
operation generating the hazardous waste has changed; and
(2) For offsite facilities when the results of the inspection required in subdivision d
indicate that the hazardous waste received at the facility does not match the waste
designated on the accompanying manifest or shipping paper.
d. The owner or operator of an offsite facility shall inspect and, if necessary, analyze each
hazardous waste movement received at the facility to determine whether it matches the
identity of the waste specified on the accompanying manifest or shipping paper.
2. The owner or operator shall develop and follow a written waste analysis plan which describes
the procedures which the owner or operator will carry out to comply with subsection 1. The
owner or operator must keep this plan at the facility. At a minimum, the plan must specify:
a. The parameters for which each hazardous waste will be analyzed and the rationale for
the selection of these parameters, i.e., how analysis for these parameters will provide
sufficient information on the waste's properties to comply with subsection 1.
b. The test methods which will be used to test for these parameters.
c. The sampling method which will be used to obtain a representative sample of the waste
to be analyzed. A representative sample may be obtained using either:
(1) One of the sampling methods described in appendix I of chapter 33.1-24-02; or
(2) An equivalent sampling method.

d. The frequency with which the initial analysis of the waste will be reviewed or repeated to
ensure that the analysis is accurate and up-to-date.
e. For offsite facilities the waste analysis that hazardous waste generators have agreed to
supply.
f. Where applicable, the methods which will be used to meet the additional waste analysis
requirements for specific waste management methods as specified in sections
33.1-24-05-08, 33.1-24-05-145, 33.1-24-05-183, 33.1-24-05-256, subsection 4 of section
33.1-24-05-404, subsection 4 of section 33.1-24-05-433, and section 33.1-24-05-453.
g. For surface impoundments exempted from land disposal restrictions under subsection 1
of section 33.1-24-05-253, the procedures and schedules for:
(1) The sampling of impoundment contents;
(2) The analyses of test data; and
(3) The annual removal of residues which are not delisted under section 33.1-24-01-08
or which exhibit a characteristic of hazardous waste and either:
(a) Do not meet applicable treatment standards of sections 33.1-24-05-280
through 33.1-24-05-289; or
(b) Where no treatment standards have been established:
[1] Such residues are prohibited from land disposal under section
3004(b); or
[2] Such residues are prohibited from land disposal under subsection 6 of
section 33.1-24-05-273.
h. For owners and operators seeking an exemption to the air emission standards of
sections 33.1-24-05-450 through 33.1-24-05-474 in accordance with section
33.1-24-05-452:
(1) If direct measurement is used for the waste determination, the procedures and
schedules for waste sampling and analysis, and the results of the analysis of test
data to verify the exemption.
(2) If knowledge of the waste is used for the waste determination, any information
prepared by the facility owner or operator or by the generator of the hazardous
waste, if the waste is received from offsite, that is used as the basis for knowledge
of the waste.
3. For offsite facilities, the waste analysis plan required in subsection 2 must also specify the
procedures which will be used to inspect and analyze each movement of hazardous waste
received at the facility to ensure that it matches the identity of the waste designated on the
accompanying manifest or shipping paper. At a minimum, the plan must describe:
a. The procedures which will be used to determine the identity of each movement of waste
managed at the facility.
b. The sampling method which will be used to obtain a representative sample of the waste
to be identified, if the identification method includes sampling.

c. The procedures that the owner or operator of an offsite landfill receiving containerized
hazardous waste will use to determine whether a hazardous waste generator or treater
has added a biodegradable sorbent to the waste in the container.
History: Effective January 1, 2019.
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
### § 33.1-24-05-05. Security.

1. The owner or operator shall prevent the unknowing entry, and minimize the possibility for the
unauthorized entry, of persons or livestock onto the active portion of the owner's or operator's
facility, unless the owner or operator can demonstrate to the department that:
a. Physical contact with the waste, structures, or equipment with the active portion of the
facility will not injure unknowing or unauthorized persons or livestock which may enter the
active portion of the facility.
b. Disturbance of the waste or equipment, by the unknowing or unauthorized entry of
persons or livestock onto the active portion of a facility, will not cause a violation of the
requirements of this chapter.
2. Unless exempt under subdivisions a and b of subsection 1, the facility must have:
a. A twenty-four-hour surveillance system, for example, television monitoring or surveillance
by guards or facility personnel, which continuously monitors and controls entry onto the
active portion of the facility; or
b. Both of the following:
(1) An artificial or natural barrier, for example, a fence in good repair or a fence
combined with a cliff, which completely surrounds the active portion of the facility.
(2) A means to control entry, at all times, through the gates or other entrances to the
active portion of the facility, for example, an attendant, television monitors, locked
entrance, or controlled roadway access to the facility.
3. Unless exempt under subdivisions a and b of subsection 1, a sign with a legend, "Danger -
Unauthorized Personnel Keep Out", must be posted at each entrance to the active portion of a
facility, and at other locations, in sufficient numbers to be seen from any approach to this
active portion, and must be legible from a distance of at least twenty-five feet [7.62 meters].
The legend must be written in English and in any other language predominant in the area
surrounding the facility. Existing signs with a legend other than "Danger - Unauthorized
Personnel Keep Out" may be used if the legend on the sign indicates that only authorized
personnel are allowed to enter the active portion, and that entry onto the active portion can be
dangerous.
History: Effective January 1, 2019.
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
### § 33.1-24-05-06. General inspection requirements.

1. The owner or operator shall inspect the facility for malfunctions and deterioration, operator
errors, and discharges which may be causing or may lead to release of hazardous waste
constituents to the environment, or a threat to human health. The owner or operator shall

conduct these inspections often enough to identify problems in time to correct them before
they harm human health or the environment.
2. Schedule requirements.
a. The owner or operator shall develop and follow a written schedule for inspecting all
monitoring equipment, safety, and emergency equipment, security devices, and
operating and structural equipment (such as dikes and sump pumps) that are important
to preventing, detecting, or responding to environmental or human health hazards.
b. The owner or operator shall keep this schedule at the facility.
c. The schedule must identify the types of problems, for example, malfunctions or
deterioration, which are to be looked for during the inspection, for example, inoperative
sump pump, leaking fitting, eroding dike, etc.
d. The frequency of inspection may vary for the items on the schedule. However, the
frequency should be based on the rate of deterioration of the equipment and the
probability of an environmental or human health incident if the deterioration, malfunction,
or operator error goes undetected between inspections. Areas subject to spills, such as
loading and unloading areas, must be inspected daily when in use. At a minimum, the
inspection schedule must include the items and frequencies called for in sections
33.1-24-05-93, 33.1-24-05-106, 33.1-24-05-108, 33.1-24-05-120, 33.1-24-05-132,
33.1-24-05-150, 33.1-24-05-165, 33.1-24-05-178, 33.1-24-05-302, 33.1-24-05-403,
33.1-24-05-422, 33.1-24-05-423, 33.1-24-05-428, and 33.1-24-05-453 through
33.1-24-05-459, where applicable.
3. The owner or operator shall remedy any deterioration or malfunction of equipment or
structures which the inspection reveals on a schedule which ensures that the problem does
not lead to an environmental or human health hazard. Where a hazard is imminent or has
already occurred, remedial action must be taken immediately.
4. The owner or operator shall record inspections in an inspection log or summary. The owner or
operator shall keep these records for at least three years from the date of inspection. At a
minimum, these records must include the date and time of the inspection, the name of the
inspector, a notation of the observations made, and the date and nature of any repairs or other
remedial actions.
History: Effective January 1, 2019.
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
### § 33.1-24-05-07. Personnel training.

1. Initial training requirements.
a. Facility personnel shall successfully complete a program of classroom instruction or
on-the-job training that teaches them to perform their duties in a way that ensures the
facility's compliance with the requirements of these rules. The owner or operator shall
ensure that this program includes all the elements described in the document required
under subdivision c of subsection 4.
b. This program must be directed by a person trained in hazardous waste management
procedures, and must include instruction which teaches facility personnel hazardous
waste management procedures, including contingency plan implementation, relevant to
the positions in which they are employed.

c. At a minimum, the training program must be designed to ensure that facility personnel
are able to respond effectively to emergencies by familiarizing them with emergency
procedures, emergency equipment, and emergency systems, including where applicable:
(1) Procedures for using, inspecting, repairing, and replacing facility emergency and
monitoring equipment.
(2) Key parameters for automatic waste feed cutoff systems.
(3) Communications or alarm systems.
(4) Response to fires or explosions.
(5) Response to ground water contamination incidents.
(6) Shutdown of operations.
d. For facility employees that receive emergency response training pursuant to occupational
safety and health administration regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the
facility is not required to provide separate emergency response training pursuant to this
section, provided that the overall facility training meets all the requirements of this
section.
2. Facility personnel shall successfully complete the program required in subsection 1 within six
months after January 1, 1984, or six months after the date of their employment or assignment
to a facility, or to a new position at a facility, whichever is later. Employees hired after
January 1, 1984, may not work in unsupervised positions until they have completed the
training requirements of subsection 1.
3. Facility personnel shall take part in an annual review of the initial training required in
subsection 1.
4. The owner or operator shall maintain the following documents and records at the facility:
a. The job title for each position at the facility related to hazardous waste management, and
the name of the employee filling each job.
b. A written job description for each position listed under subdivision a. This description may
be consistent in its degree of specificity with descriptions for other similar positions in the
same company location or bargaining unit, but must include the requisite skill, education,
or other qualifications and duties of facility personnel assigned to each position.
c. A written description of the type and amount of both introductory and continuing training
that will be given to each person filling a position listed under subdivision a.
d. Records that document that the training or job experience required under subsections 1,
2, and 3 has been given to, and completed by, facility personnel.
5. Training records on current personnel must be kept until closure of the facility. Training records
on former employees must be kept for at least three years from the date the employee last
worked at the facility. Personnel training records may accompany personnel transferred within
the same company.
History: Effective January 1, 2019.
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

### § 33.1-24-05-08. General requirements for ignitable, reactive, or incompatible wastes.

1. The owner or operator shall take precautions to prevent accidental ignition or reaction of
ignitable or reactive waste. This waste must be separated and protected from sources of
ignition or reaction, including open flames, smoking, cutting and welding, hot surfaces,
frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (for example,
from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is
being handled, the owner or operator shall confine smoking and open flames to specially
designated locations. "No Smoking" signs must be conspicuously placed wherever there is a
hazard from ignitable or reactive wastes.
2. Where specifically required by other sections of this chapter, the owner or operator of a facility
that treats, stores, or disposes ignitable or reactive waste, or mixes incompatible wastes, or
incompatible wastes and other materials, must take precautions to prevent reactions which:
a. Generate extreme heat or pressure, fire or explosion, or violent reaction;
b. Produce uncontrolled toxic mists, fumes, dust, or gases in sufficient quantity to threaten
human health or the environment;
c. Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of
fire or explosions;
d. Damage the structural integrity of the device or facility; or
e. Through other like means threaten human health or the environment.
3. When required to comply with subsection 1 or 2, the owner or operator shall document that
compliance. This documentation may be based on references to published scientific or
engineering literature data, from trial tests (for example, bench scale or pilot scale tests),
waste analysis (as specified in section 33.1-24-05-04), or the results of the treatment of similar
wastes by similar treatment processes and under similar operating conditions.
History: Effective January 1, 2019.
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
### § 33.1-24-05-09. Location standards.

1. The department will not issue a permit to any facility which is or will be constructed in a
location with a geology, hydrogeology, hydrology, or topography which the department
reasonably believes is incompatible with the type of hazardous waste management activity
occurring or proposed to occur. Locations which are specifically within the meaning of this
section include floodplains, ground water recharge areas, highly permeable soils, high ground
water tables, and areas of high topographic relief.
2. The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome
formation, salt bed formation, underground mine, or cave is prohibited.
History: Effective January 1, 2019.
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
### § 33.1-24-05-10. Construction quality assurance program.

1. Construction quality assurance program.

a. A construction quality assurance program is required for all surface impoundment, waste
pile, and landfill units that are required to comply with subsections 3 and 4 of section
33.1-24-05-119, subsections 2 and 3 of section 33.1-24-05-131, and subsections 3 and 4
of section 33.1-24-05-177. The program must ensure that the constructed unit meets or
exceeds all design criteria and specifications in the permit. The program must be
developed and implemented under the direction of a construction quality assurance
officer who is a registered professional engineer.
b. The construction quality assurance program must address the following physical
components, where applicable:
(1) Foundations;
(2) Dikes;
(3) Low-permeability soil liners;
(4) Geomembranes (flexible membrane liners);
(5) Leachate collection and removal systems and leak detection systems; and
(6) Final cover systems.
2. Written construction quality assurance plan. The owner or operator of units subject to the
construction quality assurance program under subsection 1 must develop and implement a
written construction quality assurance plan. The plan must identify steps that will be used to
monitor and document the quality of materials and the condition and manner of their
installation. The construction quality assurance plan must include:
a. Identification of applicable units and a description of how they will be constructed.
b. Identification of key personnel in the development and implementation of the construction
quality assurance plan and construction quality assurance officer qualifications.
c. A description of inspection and sampling activities for all unit components identified in
subdivision b of subsection 1, including observations and tests that will be used before,
during, and after construction to ensure that the construction materials and the installed
unit components meet the design specifications. The description must cover sampling
size and locations, frequency of testing, data evaluation procedures, acceptance and
rejection criteria for construction materials, plans for implementing corrective measures,
and data or other information to be recorded and retained in the operating record under
section 33.1-24-05-40.
3. Contents of program.
a. The construction quality assurance program must include observations, inspections,
tests, and measurements sufficient to ensure:
(1) Structural stability and integrity of all components of the unit identified in
subdivision b of subsection 1;
(2) Proper construction of all components of the liners, leachate collection and removal
system, leak detection system, and final cover system, according to permit
specifications and good engineering practices, and proper installation of all
components (for example, pipes) according to design specifications; and
(3) Conformity of all materials used with design and other material specifications under
sections 33.1-24-05-119, 33.1-24-05-131, and 33.1-24-05-177.

b. The construction quality assurance program must include test fills for compacted soil
liners, using the same compaction methods as in the full scale unit, to ensure that the
liners are constructed to meet the hydraulic conductivity requirements of subparagraph b
of paragraph 1 of subdivision a of subsection 3 of section 33.1-24-05-119,
subparagraph b of paragraph 1 of subdivision a of subsection 2 of section
33.1-24-05-131, and subparagraph b of paragraph 1 of subdivision a of subsection 3 of
section 33.1-24-05-177 in the field. Compliance with the hydraulic conductivity
requirements must be verified by using in situ testing on the constructed test fill. The
department may accept an alternative demonstration, in lieu of a test fill, where data are
sufficient to show that a constructed soil liner will meet the hydraulic conductivity
requirements of subparagraph b of paragraph 1 of subdivision a of subsection 3 of
section 33.1-24-05-119, subparagraph b of paragraph 1 of subdivision a of subsection 2
of section 33.1-24-05-131, and subparagraph b of paragraph 1 of subdivision a of
subsection 3 of section 33.1-24-05-177 in the field.
4. Certification. Waste shall not be received in a unit subject to section 33.1-24-05-10 until the
owner or operator has submitted to the department by certified mail or hand delivery a
certification signed by the construction quality assurance officer that the approved construction
quality assurance plan has been successfully carried out and that the unit meets the
requirements of subsection 3 or 4 of section 33.1-24-05-119, subsection 2 or 3 of section
33.1-24-05-131, or subsection 3 or 4 of section 33.1-24-05-177, and the procedure in
paragraph 2 of subdivision b of subsection 12 of section 33.1-24-06-04 has been completed.
Documentation supporting the construction quality assurance officer's certification must be
furnished to the department upon request.
History: Effective January 1, 2019.
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
### § 33.1-24-05-11. [Reserved].

### § 33.1-24-05-12. [Reserved].

### § 33.1-24-05-13. [Reserved].

### § 33.1-24-05-14. [Reserved].

### § 33.1-24-05-15. Design and operation of facility.

Facilities must be designed, constructed, maintained, and operated to minimize the possibility of a
fire, explosion, or any unplanned sudden or nonsudden release of hazardous waste or hazardous
waste constituents to air, soil, or surface water which could threaten human health or the environment.
History: Effective January 1, 2019.
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
### § 33.1-24-05-16. Required equipment.

All facilities must be equipped with the following, unless it can be demonstrated to the department
that none of the hazards posed by waste handled at the facility could require a particular kind of
equipment specified below:

1. An internal communications or alarm system capable of providing immediate emergency
instruction (voice or signal) to facility personnel.
2. 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.
3. 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.
4. Water at adequate volume and pressure to supply water hose streams, foam-producing
equipment, automatic sprinklers, or water spray systems.
History: Effective January 1, 2019.
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
### § 33.1-24-05-17. Testing and maintenance of equipment.

All facility communications or alarm systems, fire protection equipment, spill control equipment, and
decontamination equipment, where required, must be tested and maintained as necessary, to ensure
its proper operation in time of emergency.
History: Effective January 1, 2019.
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
### § 33.1-24-05-18. Access to communications or alarm system.

1. Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all
personnel involved in the operation must have immediate access to an internal alarm or
emergency communication device, either directly or through visual or voice contact with
another employee, unless such a device is not required under section 33.1-24-05-16.
2. If there is ever just one employee on the premises while the facility is operating, the employee
must have immediate access to a device, such as a telephone, immediately available at the
scene of the operation, or a hand-held two-way radio, capable of summoning external
emergency assistance, unless such a device is not required under section 33.1-24-05-16.
History: Effective January 1, 2019.
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
### § 33.1-24-05-19. Required aisle space.

The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel,
fire protection equipment, spill control equipment, and decontamination equipment to any area of facility
operation in an emergency, unless it can be demonstrated to the department that aisle space is not
needed for any of these purposes.
History: Effective January 1, 2019.
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

### § 33.1-24-05-20. Arrangements with local authorities.

1. The owner or operator shall attempt to make the following arrangements, as appropriate for
the types of waste handled at the facility and the potential need for the services of these
organizations:
a. Arrangements to familiarize police, fire departments, and emergency response teams
with the layout of the facility, properties of hazardous waste handled at the facility and
associated hazards, places where facility personnel would normally be working,
entrances to and roads inside the facility, and possible evacuation routes.
b. Where more than one police and fire department might respond to an emergency,
agreements designating primary emergency authority to a specific police and a specific
fire department and agreements with any others to provide support to the primary
emergency authority.
c. Agreements with state emergency response teams, emergency response contractors,
and equipment suppliers.
d. Arrangements to familiarize local hospitals with the properties of hazardous waste
handled at the facility and the types of injuries or illnesses which could result from fires,
explosions, or releases at the facility.
2. The owner or operator shall maintain records documenting the arrangements with the local
fire department as well as any other organization necessary to respond to an emergency. This
documentation must include documentation in the operating record that either confirms such
arrangements actively exist or, in cases where no arrangements exist, confirms that attempts
to make such arrangements were made.
3. A facility possessing twenty-four-hour response capabilities may seek a waiver from the
authority having jurisdiction over the fire code within the facility's state or locality as far as
needing to make arrangements with the local fire department or any other organization
necessary to respond to an emergency, provided the waiver is documented in the operating
record.
History: Effective January 1, 2019; amended effective July 1, 2020.
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
### § 33.1-24-05-21. [Reserved].

### § 33.1-24-05-22. [Reserved].

### § 33.1-24-05-23. [Reserved].

### § 33.1-24-05-24. [Reserved].

### § 33.1-24-05-25. [Reserved].

### § 33.1-24-05-26. Purpose and implementation of contingency plan.

1. Each owner or operator 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 waste or hazardous
waste constituents to air, soil, or surface water.
2. The provisions of the plan must be carried out immediately whenever there is a fire, explosion,
or release of hazardous waste or hazardous waste constituents which could threaten human
health or the environment.
History: Effective January 1, 2019.
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
### § 33.1-24-05-27. Content of contingency plan.

1. The contingency plan must describe the actions facility personnel must take to comply with
sections 33.1-24-05-26 and 33.1-24-05-31 in response to fires, explosions, or any unplanned
sudden or nonsudden release of hazardous waste or hazardous constituents to air, soil, or
surface water at the facility.
2. If the owner or operator has already prepared a spill prevention, control, and countermeasures
plan in accordance with 40 CFR part 112, or some other emergency or contingency plan, the
owner or operator need only amend that plan to incorporate hazardous waste management
provisions that are sufficient to comply with these requirements. The owner or operator may
develop one contingency plan which meets all regulatory requirements. The department
recommends that the plan be based on the national response team's integrated contingency
plan guidance ("one plan"). When modifications are made to nonhazardous waste provisions
in an integrated contingency plan, the changes do not trigger the need for a hazardous waste
permit modification.
3. The plan must describe arrangements agreed to by local police departments, fire
departments, hospitals, contractors, and state and local emergency response teams to
coordinate emergency services, pursuant to section 33.1-24-05-20.
4. The plan must list names, addresses, and telephone numbers (office and home) of all persons
qualified to act as emergency coordinator and this list must be kept up to date. Where more
than one is listed, one must be named as primary emergency coordinator and others must be
listed in the order in which they will assume responsibility as alternates.
5. The plan must include a list of all emergency equipment at the facility, such as fire
extinguishing systems, spill control equipment, communications and alarm systems (internal
and external), and decontamination equipment, where this equipment is required. This list
must be kept up to date. In addition, the plan must include the location and a physical
description of each item on the list, and a brief outline of its capabilities.
6. The plan must include an evacuation plan for facility personnel where there is a possibility that
evacuation could be necessary. This plan must describe signals to be used to begin
evacuation, evacuation routes, and alternate evacuation routes, in cases where the primary
routes could be blocked by releases of hazardous waste or fires.
History: Effective January 1, 2019.
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
### § 33.1-24-05-28. Copies of contingency plan.

A copy of the contingency plan and all revisions to the plan must be:
1. Maintained at the facility; and

2. Submitted to all local police departments, fire departments, hospitals, and state and local
emergency response teams that may be called upon to provide emergency services.
History: Effective January 1, 2019.
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
### § 33.1-24-05-29. Amendment of contingency plan.

The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
1. The facility permit is revised;
2. The plan fails in an emergency;
3. The facility changes in its design, construction, operation, maintenance, or other
circumstances, in a way that materially increases the potential for fires, explosions, or
releases of hazardous waste or hazardous waste constituents, or changes the response
necessary in an emergency;
4. The list of emergency coordinators changes;
5. The list of emergency equipment changes; or
6. Applicable regulations are revised.
History: Effective January 1, 2019.
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
### § 33.1-24-05-30. Emergency coordinator.

At all times, there must be at least one employee either on the facility premises or on call, i.e.,
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. This emergency coordinator shall be
thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the
facility, the location and characteristics of wastes handled, the location of all records within the facility,
and the facility layout. In addition, this person must have the authority to commit the resources needed
to carry out the contingency plan.
History: Effective January 1, 2019.
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
### § 33.1-24-05-31. Emergency procedures.

1. When there is an imminent or actual emergency situation, the emergency coordinator, or the
coordinator's designee when the emergency coordinator is on call, shall immediately:
a. Activate internal facility alarms or communication systems, where applicable, to notify all
facility personnel.
b. Notify appropriate state or local agencies with designated response roles if their help is
needed.
2. When there is a release, fire, or explosion, the emergency coordinator shall immediately
identify the character, exact source, amount, and areal extent of any released materials. The

emergency coordinator may do this by observation or review of facility records or manifests
and, if necessary, by chemical analysis.
3. Concurrently, the emergency coordinator shall assess possible hazards to human health or
the environment that may result from the release, fire, or explosion. This assessment must
consider both direct and indirect effects of the release, fire, or explosion, for example, the
effects of any toxic irritating, or asphyxiating gases that are generated, or the effects of any
hazardous surface water runoffs from water or chemical agents used to control fire and
heat-induced explosions.
4. If the emergency coordinator determines that the facility has had a release, fire, or explosion
which could threaten human health or the environment outside the facility, the emergency
coordinator shall report the coordinator's findings as follows:
a. If the coordinator's assessment indicates that evacuation of local areas may be
advisable, the coordinator shall immediately notify appropriate local authorities. The
coordinator shall be available to help appropriate officials decide whether local areas
should be evacuated.
b. The coordinator shall immediately notify either the government official designated as the
on-scene coordinator for that geographical area or the national response center (using
their twenty-four-hour toll-free number 800-424-8802). The report must include:
(1) Name and telephone number of reporter.
(2) Name and address of facility.
(3) Time and type of incident, for example, release, fire.
(4) Name and quantity of materials involved, to the extent known.
(5) The extent of injuries, if any.
(6) The possible hazard to human health or the environment, outside the facility.
5. During an emergency, the emergency coordinator shall take all reasonable measures to
ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous
waste at the facility. These measures must include, where applicable, stopping processes and
operations, collecting and containing released waste, and removing or isolating containers.
6. If the facility stops operations in response to a fire, an explosion or release, the emergency
coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
pipes, or other equipment, wherever this is appropriate.
7. Immediately after an emergency, the emergency coordinator shall provide for treating, storing,
or disposing of recovered waste, contaminated soil or surface water, or any other material that
results from a release, fire, or explosion at the facility.
8. The emergency coordinator shall ensure that, in the affected areas of the facility:
a. No waste that may be incompatible with the released material is treated, stored, or
disposed of until cleanup procedures are completed; and
b. All emergency equipment listed in the contingency plan is cleaned and fit for its intended
use before operations are resumed.
9. The owner or operator shall note in the operating record the time, date, and details of any
incident that requires implementing the contingency plan. Within fifteen days after the incident,

the owner or operator must submit a written report on the incident to the department. The
report must include:
a. Name, address, and telephone number of the owner or operator.
b. Name, address, and telephone number of the facility.
c. Date, time, and type of incident, for example, fire, explosion.
d. Name and quantity of materials involved.
e. The extent of injuries, if any.
f. An assessment of actual or potential hazards to human health or the environment, where
this is applicable.
g. Estimated quantity and disposition of recovered material that resulted from the incident.
History: Effective January 1, 2019.
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
### § 33.1-24-05-32. Quick reference guide for contingency plans.

1. A large quantity generator that first becomes subject to these provisions after May 30, 2017,
or a large quantity generator that is otherwise amending its contingency plan, at that time,
shall submit a quick reference guide of the contingency plan to the local emergency
responders identified in section 33.1-24-05-28, or the local emergency planning committee as
appropriate. The quick reference guide must include the following elements:
a. The types, names, and associated hazards of each hazard waste present at any one
time (e.g., toxic paint wastes, spent ignitable solvent, corrosive acid, etc.);
b. The estimated maximum amount of each hazardous waste that may be present at any
one time;
c. The identification of any hazardous wastes where exposure would require unique or
special treatment by medical or hospital staff;
d. A map of the facility showing where hazardous wastes are generated, accumulated, and
treated along with routes for accessing these wastes;
e. A street map of the facility in relation to surrounding businesses, schools, and residential
areas to understand how best to get to the facility and evacuate citizens and workers;
f. The locations of water supply (e.g., fire hydrants and its flow rate);
g. The identification of onsite notification systems (e.g., an offsite fire alarm, smoke alarms);
and
h. The name of the emergency coordinator and twenty-four/seven emergency telephone
number or, in the case of a facility where an emergency coordinator is continuously on
duty, the emergency telephone number for the emergency coordinator.
2. Generators shall update, if necessary, their quick reference guides whenever the contingency
plan is amended. The amended documents must be submitted to the emergency responders
identified in section 33.1-24-05-28 or the local emergency planning committee as appropriate.
History: Effective July 1, 2020.

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
### § 33.1-24-05-33. [Reserved].

### § 33.1-24-05-34. [Reserved].

### § 33.1-24-05-35. [Reserved].

### § 33.1-24-05-36. [Reserved].

### § 33.1-24-05-37. Applicability of manifest system, recordkeeping, and reporting requirements.

1. Sections 33.1-24-05-37 through 33.1-24-05-46 apply to owners and operators of both onsite
and offsite facilities except as section 33.1-24-05-01 provides otherwise. Sections
33.1-24-05-38, 33.1-24-05-39, and 33.1-24-05-43 do not apply to owners and operators of
onsite facilities that do not receive any hazardous waste from offsite sources, and to owners
and operators of offsite facilities with respect to waste military munitions exempted from
manifest requirements under subsection 1 of section 33.1-24-05-823. Subsection 2 of section
onsite where such wastes were generated.
2. The revised manifest form and procedures in sections 33.1-24-01-04, 33.1-24-02-07,
33.1-24-05-37, 33.1-24-05-38, 33.1-24-05-39, and 33.1-24-05-43, shall not apply until
September 5, 2006, or article 33.1-24 is amended and effective, but not prior to September 5,
2006. The manifest form and procedures in sections 33.1-24-01-04, 33.1-24-02-07,
33.1-24-05-37, 33.1-24-05-38, 33.1-24-05-39, and 33.1-24-05-43, contained in article 33.1-24,
amended December 1, 2003, shall be applicable until September 5, 2006, or when amended,
but not prior to September 5, 2006.
History: Effective January 1, 2019.
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
### § 33.1-24-05-38. Use of manifest system.

1. If a facility receives:
a. Hazardous waste accompanied by a manifest, the owner or operator, or the owner's or
operator's agent shall sign and date the manifest as indicated in subdivision b to certify
that the hazardous waste covered by the manifest was received, that the hazardous
waste was received except as noted in the discrepancy space of the manifest, or that the
hazardous waste was rejected as noted in the manifest discrepancy space.
b. A hazardous waste shipment accompanied by a manifest, the owner or operator, or the
owner's or operator's agent, shall:
(1) Sign and date, by hand, each copy of the manifest;
(2) Note any discrepancies in the manifest, as defined in subsection 1 of section
33.1-24-05-39, on each copy of the manifest;
(3) Immediately give the transporter at least one copy of the signed manifest;

(4) Within thirty days after the delivery, send a copy (page 2) of the manifest to the
generator;
(5) Paper manifest submission requirements are:
(a) Options for compliance on June 30, 2018. Beginning on June 30, 2018, send
the top copy (page 1) of any paper manifest and any paper continuation sheet
to the e-Manifest system for purposes of data entry and processing, or in lieu
of submitting the paper copy to the environmental protection agency, the owner
or operator may transmit to the environmental protection agency system an
image file of page 1 of the manifest and any continuation sheet, within thirty
days of the date of delivery. Submissions of copies to the e-Manifest system
shall be made at the mailing address or electronic mail/submission address
specified at the e-Manifest program website's directory of services. Beginning
on June 30, 2021, the environmental protection agency will not accept mailed
paper manifests from facilities for processing in e-Manifest.
(b) Options for compliance on June 30, 2021. Beginning on June 30, 2021, the
requirement to submit the top copy (page 1) of the paper manifest and any
paper continuation sheet to the e-Manifest system for purposes of data entry
and processing may be met by the owner or operator only by transmitting to
the environmental protection agency system an image file of page 1 of the
manifest and any continuation sheet, or by transmitting to the environmental
protection agency system both a data file and the image file corresponding to
page 1 of the manifest and any continuation sheet, within thirty days of the
date of delivery. Submissions of copies to the e-Manifest system shall be made
to the electronic mail/submission address specified at the e-Manifest program
website's directory of services; and
(6) Retain at the facility a copy of each manifest for at least three years from the date of
delivery.
c. The owner or operator of a facility receiving hazardous waste subject to sections
(1) Additionally list the relevant consent number from consent documentation supplied
by the environmental protection agency to the facility for each waste listed on the
manifest, matched to the relevant list number for the waste from block 9b. If
additional space is needed, the owner or operator should use a continuation sheet
(environmental protection agency form 8700-22A); and
(2) Send a copy of the manifest within thirty days of delivery to the environmental
protection agency using the addresses listed in subsection 5 of section
2. If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is
accompanied by a shipping paper containing all the information required on the manifest
(excluding the identification numbers, generator's certification, and signatures), the owner or
operator, or the owner's or operator's agent, shall:
a. Sign and date each copy of the manifest or shipping paper (if the manifest has not been
received) to certify that the hazardous waste covered by the shipping paper was
received;

b. Note any significant discrepancies (as defined in subsection 1 of section 33.1-24-05-39)
in the manifest or shipping paper (if the manifest has not been received) on each copy of
the manifest or shipping paper;
c. Immediately give the rail or water (bulk shipment) transporter at least one copy of the
manifest or shipping paper (if the manifest has not been received);
d. Within thirty days after the delivery, send a copy of the signed and dated manifest, or a
signed and dated copy of the shipping paper (if the manifest has not been received within
thirty days after delivery) to the generator; and
e. Retain at the facility a copy of each shipping paper (if signed in lieu of the manifest at the
time of delivery) and manifest for at least three years from the date of delivery.
3. If a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility
must comply with the requirements of chapter 33.1-24-03.
4. Within three working days of the receipt of a shipment subject to sections 33.1-24-03-50
through 33.1-24-03-59, the owner or operator of the facility must provide a copy of the
movement document bearing all required signatures to the exporter, to the office of
enforcement and compliance assurance, office of federal activities, international compliance
assurance division (2254A), environmental protection agency, 1200 Pennsylvania
Avenue NW, Washington, D.C. 20460, the state, and to competent authorities of all other
concerned countries. The original copy of the movement document must be maintained at the
facility for at least three years from the date of signature.
5. A facility must determine whether the consignment state for a shipment regulates any
additional wastes (beyond those regulated federally) as hazardous wastes under the state's
hazardous waste program. Facilities must also determine whether the consignment state or
generator state requires the facility to submit any copies of the manifest to these states.
6. Legal equivalence to paper manifests. Electronic manifests that are obtained, completed, and
transmitted in accordance with subdivision b of subsection 1 of section 33.1-24-03-04, and
used in accordance with this section in lieu of the paper manifest form are the legal equivalent
of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any
requirement in these rules to obtain, complete, sign, provide, use, or retain a manifest.
a. Any requirement in these rules for the owner or operator of a facility to sign a manifest or
manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing
with or obtaining a valid and enforceable electronic signature within the meaning of
40 CFR 262.25.
b. Any requirement in these rules to give, provide, send, forward, or to return to another
person a copy of the manifest is satisfied when a copy of an electronic manifest is
transmitted to the other person.
c. Any requirement in these rules for a manifest to accompany a hazardous waste shipment
is satisfied when a copy of an electronic manifest is accessible during transportation and
forwarded to the person or persons who are scheduled to receive delivery of the waste
shipment.
d. Any requirement in these rules for an owner or operator to keep or retain a copy of each
manifest is satisfied by the retention of the facility's electronic manifest copies in its
account on the e-manifest system, provided that such copies are readily available for
viewing and production if requested by any environmental protection agency inspector or
authorized department representative.

e. No owner or operator may be held liable for the inability to produce an electronic
manifest for inspection under this section if the owner or operator can demonstrate that
the inability to produce the electronic manifest is due exclusively to a technical difficulty
with the electronic manifest system for which the owner or operator bears no
responsibility.
7. An owner or operator may participate in the electronic manifest system either by accessing the
electronic manifest system from the owner's or operator's electronic equipment, or by
accessing the electronic manifest system from portable equipment brought to the owner's or
operator's site by the transporter who delivers the waste shipment to the facility.
8. Special procedures applicable to replacement manifests. If a facility receives hazardous waste
that is accompanied by a paper replacement manifest for a manifest that was originated
electronically, the following procedures apply to the delivery of the hazardous waste by the
final transporter:
a. Upon delivery of the hazardous waste to the designated facility, the owner or operator
must sign and date each copy of the paper replacement manifest by hand in item 20
(designated facility certification of receipt) and note any discrepancies in item 18
(discrepancy indication space) of the paper replacement manifest;
b. The owner or operator of the facility must give back to the final transporter one copy of
the paper replacement manifest;
c. Within thirty days of delivery of the waste to the designated facility, the owner or operator
of the facility must send one signed and dated copy of the paper replacement manifest to
the generator, and send an additional signed and dated copy of the paper replacement
manifest to the electronic manifest system; and
d. The owner or operator of the facility must retain at the facility one copy of the paper
replacement manifest for at least three years from the date of delivery.
9. Special procedures applicable to electronic signature methods undergoing tests. If an owner
or operator using an electronic manifest signs this manifest electronically using an electronic
signature method which is undergoing pilot or demonstration tests aimed at demonstrating the
practicality or legal dependability of the signature method, then the owner or operator shall
also sign with an ink signature the facility's certification of receipt or discrepancies on the
printed copy of the manifest provided by the transporter. Upon executing its ink signature on
this printed copy, the owner or operator shall retain this original copy among its records for at
least three years from the date of delivery of the waste.
10. Imposition of user fee for manifest submissions.
a. As prescribed in 40 CFR 264.1311, and determined in 40 CFR 264.1312, an owner or
operator that is a user of the electronic manifest system must be assessed a user fee by
the environmental protection agency for the submission and processing of each
electronic and paper manifest. The environmental protection agency shall update the
schedule of user fees and publish them to the user community as provided in 40 CFR
264.1313.
b. An owner or operator subject to user fees under this section shall make user fee
payments in accordance with the requirements of 40 CFR 264.1314, subject to the
informal fee dispute resolution process of 40 CFR 264.1316, and subject to the sanctions
for delinquent payments under 40 CFR 264.1315.
11. Electronic manifest signatures. Electronic manifest signatures shall meet the criteria described
in 40 CFR 262.25.

12. Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous
wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted
at any time by any interested person (e.g., waste handler) shown on the manifest.
a. Interested persons shall make all corrections to manifest data by electronic submission,
either by directly entering corrected data to the web-based service provided in e-Manifest
for such corrections, or by an upload of a data file containing data corrections relating to
one or more previously submitted manifests.
b. Each correction submission must include the following information:
(1) The manifest tracking number and date of receipt by the facility of the original
manifest for which data are being corrected;
(2) The item number of the original manifest that is the subject of the submitted
correction; and
(3) For each item number with corrected data, the data previously entered, and the
corresponding data as corrected by the correction submission.
c. Each correction submission shall include a statement that the person submitting the
corrections certifies that, to the best of their knowledge or belief, the corrections that are
included in the submission will cause the information reported about the previously
received hazardous wastes to be true, accurate, and complete:
(1) The certification statement must be executed with a valid electronic signature; and
(2) A batch upload of data corrections may be submitted under one certification
statement.
d. Upon receipt by the system of any correction submission, other interested persons
shown on the manifest will be provided electronic notice of the submitter's corrections.
e. Other interested persons shown on the manifest may respond to the submitter's
corrections with comments to the submitter or by submitting another correction to the
system, certified by the respondent as specified in subdivision c of subsection 12 of
section 33.1-24-05-38, and with notice of the corrections to other interested persons
shown on the manifest.
History: Effective January 1, 2019; amended effective July 1,2020.
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
### § 33.1-24-05-39. Manifest discrepancies.

1. Manifest discrepancies are:
a. Significant differences (as defined by subsection 2) between the quantity or type of
hazardous waste designated on the manifest or shipping paper, and the quantity and
type of hazardous waste a facility actually receives;
b. Rejected wastes, which may be a full or partial shipment of hazardous waste that the
treatment, storage, or disposal facility cannot accept; or
c. Container residues, which are residues that exceed the quantity limits for empty
containers set forth in subsections 3, 4, and 5 of section 33.1-24-02-07.

2. Significant differences in quantity are for bulk waste, variations greater than ten percent in
weight; and for batch waste, any variation in piece count, such as a discrepancy of one drum
in a truckload. Significant differences in type are obvious differences which can be discovered
by inspection or waste analysis, such as waste solvent substituted for waste acid, or toxic
constituents not reported on the manifest or shipping paper.
3. Upon discovering a significant difference in quantity or type, the owner or operator must
attempt to reconcile the discrepancy with the waste generator or transporter (for example, with
telephone conversations). If the discrepancy is not resolved within fifteen days after receiving
the waste, the owner or operator must immediately submit to the department a letter
describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping
paper at issue.
4. Rejected wastes or container residue.
a. Upon rejecting waste or identifying a container residue that exceeds the quantity limits for
empty containers set forth in subsections 3, 4, and 5 of section 33.1-24-02-07, the facility
must consult with the generator prior to forwarding the waste to another facility that can
manage the waste. If it is impossible to locate an alternative facility that can receive the
waste, the facility may return the rejected waste or residue to the generator. The facility
must send the waste to the alternative facility or to the generator within sixty days of the
rejection or the container residue identification.
b. While the facility is making arrangements for forwarding rejected wastes or residues to
another facility under this section, the facility must ensure that either the delivering
transporter retains custody of the waste, or the facility must provide for secure, temporary
custody of the waste, pending delivery of the waste to the first transporter designated on
the manifest prepared under subsection 5 or 6.
5. Except as provided in subdivision g, for full or partial load rejections and residues that are to
be sent offsite to an alternate facility, the facility is required to prepare a new manifest in
accordance with subsection 1 of section 33.1-24-03-04 and the following instructions:
a. Write the generator's identification number in item 1 of the new manifest. Write the
generator's name and mailing address in item 5 of the new manifest. If the mailing
address is different from the generator's site address, then write the generator's site
address in the designated space for item 5.
b. Write the name of the alternate designated facility and the facility's identification number
in the designated facility block (item 8) of the new manifest.
c. Copy the manifest tracking number found in item 4 of the old manifest to the special
handling and additional information block of the new manifest, and indicate that the
shipment is a residue or rejected waste from the previous shipment.
d. Copy the manifest tracking number found in item 4 of the new manifest to the manifest
reference number line in the discrepancy block of the old manifest (item 18a).
e. Write the department of transportation description for the rejected load or the residue in
item 9 (United States department of transportation description) of the new manifest and
write the container types, quantity, and volume or volumes of waste.
f. Sign the generator's or offeror's certification to certify, as the offeror of the shipment, that
the waste has been properly packaged, marked and labeled, and is in proper condition
for transportation, and mail a signed copy of the manifest to the generator identified in
item 5 of the new manifest.

g. For full load rejections that are made while the transporter remains present at the facility,
the facility may forward the rejected shipment to the alternate facility by completing item
18b of the original manifest and supplying the information on the next destination facility
in the alternate facility space. The facility must retain a copy of this manifest for the
facility's records, and then give the remaining copies of the manifest to the transporter to
accompany the shipment. If the original manifest is not used, then the facility must use a
new manifest and comply with subdivisions a through f.
6. Except as provided in subdivision g, for rejected wastes and residues that must be sent back
to the generator, the facility is required to prepare a new manifest in accordance with
subsection 1 of section 33.1-24-03-04 and the following instructions:
a. Write the facility's identification number in item 1 of the new manifest. Write the facility's
name and mailing address in item 5 of the new manifest. If the mailing address is
different from the facility's site address, then write the facility's site address in the
designated space for item 5 of the new manifest.
b. Write the name of the initial generator and the generator's identification number in the
designated facility block (item 8) of the new manifest.
c. Copy the manifest tracking number found in item 4 of the old manifest to the special
handling and additional information block of the new manifest, and indicate that the
shipment is a residue or rejected waste from the previous shipment.
d. Copy the manifest tracking number found in item 4 of the new manifest to the manifest
reference number line in the discrepancy block of the old manifest (item 18a).
e. Write the department of transportation description for the rejected load or the residue in
item 9 (United States department of transportation description) of the new manifest and
write the container types, quantity, and volume or volumes of waste.
f. Sign the generator's or offeror's certification to certify, as offeror of the shipment, that the
waste has been properly packaged, marked and labeled, and is in proper condition for
transportation.
g. For full load rejections that are made while the transporter remains at the facility, the
facility may return the shipment to the generator with the original manifest by completing
items 18a and 18b of the manifest and supplying the generator's information in the
alternate facility space. The facility must retain a copy for the facility's records and then
give the remaining copies of the manifest to the transporter to accompany the shipment.
If the original manifest is not used, then the facility must use a new manifest and comply
with subdivisions a through f and h.
h. For full or partial load rejections and container residues contained in nonempty
containers that are returned to the generator, the facility must also comply with the
exception reporting requirements in subsections 1 and 2 of section 33.1-24-03-15.
7. If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for
empty containers set forth in subsections 3, 4, and 5 of section 33.1-24-02-07 after the facility
has signed, dated, and returned a copy of the manifest to the delivering transporter or to the
generator, the facility must amend its copy of the manifest to indicate the rejected wastes or
residues in the discrepancy space of the amended manifest. The facility must also copy the
manifest tracking number from item 4 of the new manifest to the discrepancy space of the
amended manifest, and must re-sign and date the manifest to certify to the information as
amended. The facility must retain the amended manifest for at least three years from the date

of amendment, and must within thirty days, send a copy of the amended manifest to the
transporter and generator that received copies prior to the manifest being amended.
History: Effective January 1, 2019.
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
### § 33.1-24-05-40. Operating record.

1. The owner or operator shall keep a written operating record at the facility.
2. The following information must be recorded, as it becomes available, and maintained in the
operating record for three years unless noted as follows:
a. A description and the quantity of each hazardous waste received and the methods and
dates of its treatment, storage, or disposal at the facility as required by appendix I. This
information must be maintained in the operating record until closure of the facility.
b. The location of each hazardous waste within the facility and the quantity at each location.
For disposal facilities, the location and quantity of each hazardous waste must be
recorded on a map or diagram that shows each cell or disposal area. For all facilities, this
information must include cross-references to manifest document numbers if the waste
was accompanied by a manifest. This information must be maintained in the operating
record until closure of the facility.
c. Records and results of waste analysis and waste determinations performed as specified
in sections 33.1-24-05-04, 33.1-24-05-08, 33.1-24-05-145, 33.1-24-05-183, subsection 1
of section 33.1-24-05-253, sections 33.1-24-05-256, 33.1-24-05-404, 33.1-24-05-433,
and 33.1-24-05-453.
d. Summary reports and details of all incidents that require implementing the contingency
plan as specified in subsection 10 of section 33.1-24-05-31.
e. Records and results of inspections as required by subsection 4 of section 33.1-24-05-06
(except these data need to be kept only three years).
f. Monitoring, testing, or analytical data, and corrective action where required by sections
33.1-24-05-106, 33.1-24-05-108, 33.1-24-05-120, 33.1-24-05-126, 33.1-24-05-127,
33.1-24-05-132, 33.1-24-05-137, 33.1-24-05-138, 33.1-24-05-164, 33.1-24-05-165,
33.1-24-05-167, 33.1-24-05-178, 33.1-24-05-179, 33.1-24-05-187, 33.1-24-05-188,
33.1-24-05-302, subsections 3 through 6 of section 33.1-24-05-404, section
33.1-24-05-405, subsections 4 through 9 of section 33.1-24-05-433, section
33.1-24-05-434, and sections 33.1-24-05-452 through 33.1-24-05-460. Maintain in the
operating record for three years, except for records and results pertaining to ground
water monitoring and cleanup which must be maintained in the operating record until
closure of the facility.
g. For offsite facilities, notices to generators as specified in subsection 2 of section
33.1-24-05-03.
h. All closure cost estimates under subsection 1 of section 33.1-24-05-76 and for disposal
facilities, all postclosure cost estimates under subsection 2 of section 33.1-24-05-76. This
information must be maintained in the operating record until closure of the facility.
i. A certification by the permittee no less often than annually that the permittee has a
program in place to reduce the volume and toxicity of hazardous waste that is generated

to the degree determined by the permittee to be economically practicable; and the
proposed method of treatment, storage, or disposal is that practicable method currently
available to the permittee which minimizes the present and future threat to human health
and the environment.
j. Records of the quantities and date of placement for each shipment of hazardous waste
placed in land disposal units under an extension to the effective date of any land disposal
restriction granted pursuant to section 33.1-24-05-254, a petition pursuant to section
33.1-24-05-255, and the applicable notice required by a generator under subsection 1 of
section 33.1-24-05-256. This information must be maintained in the operating record until
closure of the facility.
k. For an offsite treatment facility, a copy of the notice, and the certification and
demonstration, if applicable, required by the generator or the owner or operator under
section 33.1-24-05-256.
l. For an onsite treatment facility, the information contained in the notice except the
manifest number, and the certification and demonstration, if applicable, required by the
generator or the owner or operator under section 33.1-24-05-256.
m. For an offsite land disposal facility, a copy of the notice, and the certification and
demonstration, if applicable, required by the generator or the owner or operator of a
treatment facility under section 33.1-24-05-256.
n. For an onsite land disposal facility, the information contained in the notice required by the
generator or owner or operator of a treatment facility under section 33.1-24-05-256.
o. For an offsite storage facility, a copy of the notice, and the certification and
demonstration, if applicable, required by the generator or the owner or operator under
section 33.1-24-05-256.
p. For an onsite storage facility, the information contained in the notice except the manifest
number, and the certification and demonstration, if applicable, required by the generator
or the owner or operator under section 33.1-24-05-256.
q. Any records required under subdivision m of subsection 10 of section 33.1-24-05-01.
r. Monitoring, testing, or analytical data where required by section 33.1-24-05-150 must be
maintained in the operating record for five years.
s. Certifications as required by subsection 6 of section 33.1-24-05-109 must be maintained
in the operating record until closure of the facility.
History: Effective January 1, 2019.
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
### § 33.1-24-05-41. Availability, retention, and disposition of records.

1. All records, including plans, required under this chapter must be furnished upon request, and
made available at all reasonable times for inspection, by a duly designated officer, employee,
or representative of the department.
2. The retention period for all records is extended automatically during the course of any
unresolved enforcement action regarding the facility or as requested by the department.

3. A copy of records of waste disposal locations and quantities under subdivision b of
subsection 2 of section 33.1-24-05-40 must be submitted to the department and local land
authority upon closure of the facility.
History: Effective January 1, 2019.
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
### § 33.1-24-05-42. Biennial report.

The owner or operator shall prepare and submit a single copy of a biennial report to the department
by March first of each even-numbered year. The report form and instructions can be obtained from the
department. The biennial report must cover facility activities during the previous calendar year and must
include the following information:
1. The identification number, name, and address of the facility.
2. The calendar year covered by the report.
3. For offsite facilities, identification number of each hazardous waste generator from which the
facility received a hazardous waste during the year; for imported shipments, the report must
give the name and address of the foreign generator.
4. A description and quantity of each hazardous waste the facility received during the year. For
offsite facilities, this information must be listed by identification number of each generator.
5. The method of treatment, storage, or disposal for each hazardous waste.
6. Any ground water monitoring data which the owner or operator is required to collect under
section 33.1-24-05-55, 33.1-24-05-56, or 33.1-24-05-57, and which the owner or operator has
not otherwise submitted to the department under those sections.
7. The most recent closure and postclosure cost estimate under section 33.1-24-05-76.
8. For generators who treat, store, or dispose of hazardous waste onsite, a description of the
efforts undertaken during the year to reduce the volume and toxicity of waste generated.
9. For generators who treat, store, or dispose of hazardous waste onsite, a description of the
changes in volume and toxicity of waste actually achieved during the year in comparison to
previous years to the extent such information is available for the years prior to 1984.
10. The certification signed by the owner or operator of the facility or the owner's or operator's
authorized representative.
History: Effective January 1, 2019; amended effective July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-43. Unmanifested waste report.

If a facility accepts for treatment, storage, or disposal any hazardous waste from an offsite source
without an accompanying manifest, or without an accompanying shipping paper as described in
subsection 5 of section 33.1-24-04-04 and if the waste is not excluded from the manifest requirement
by this article, then the owner or operator shall prepare and submit a single copy of a report to the
department within fifteen days after receiving the waste. The report must be designated "Unmanifested
Waste Report" and must include the following information:
1. The identification number, name, and address of the facility;

2. The date the facility received the waste;
3. The identification number, name, and address of the generator and the transporter, if
available;
4. A description and the quantity of each unmanifested hazardous waste the facility received;
5. The method of treatment, storage, or disposal for each hazardous waste;
6. The certification signed by the owner or operator of the facility or the owner's or operator's
authorized representative; and
7. A brief explanation of why the waste was unmanifested, if known.
History: Effective January 1, 2019.
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
### § 33.1-24-05-44. Additional reports.

In addition to submitting the biennial reports and unmanifested waste reports described in sections
1. Releases, fires, and explosions as specified in subsection 10 of section 33.1-24-05-31.
2. Facility closures specified in section 33.1-24-05-64.
3. As otherwise required by sections 33.1-24-05-47 through 33.1-24-05-58, 33.1-24-05-118
through 33.1-24-05-143, 33.1-24-05-160 through 33.1-24-05-190, and 33.1-24-05-400 through
33.1-24-05-474.
History: Effective January 1, 2019.
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
### § 33.1-24-05-45. Fees for the electronic hazardous waste manifest program.

Users of the electronic manifest system as defined by section 33.1-24-01-04 are subject to the fee
requirements set forth by the environmental protection agency in subpart FF of 40 CFR 264, through
July 1, 2018.
History: Effective July 1, 2020.
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
### § 33.1-24-05-46. [Reserved].

### § 33.1-24-05-47. Applicability of releases from solid waste management units requirements.

1. Applicability.
a. Except as provided in subsection 2, sections 33.1-24-05-47 through 33.1-24-05-58 apply
to owners or operators of facilities that treat, store, or dispose of hazardous waste. The
owner or operator must satisfy the requirements identified in subdivision b for all wastes
(or constituents thereof) contained in solid waste management units at the facility,
regardless of the time at which waste was placed in such units.

b. All solid waste management units must comply with the requirements in section
### § 33.1-24-05-58. A surface impoundment, waste pile, and land treatment unit, or landfill

that receives hazardous waste after July 26, 1982, (hereinafter referred to as a
"regulated unit") must comply with the requirements of sections 33.1-24-05-48 through
and responding to releases to the uppermost aquifer. The financial responsibility
requirements of section 33.1-24-05-58 apply to regulated units.
2. The owner's or operator's regulated unit or units, are not subject to regulation for releases into
the uppermost aquifer under sections 33.1-24-05-47 through 33.1-24-05-58 if:
a. The owner or operator is exempted under section 33.1-24-05-01; or
b. The owner or operator operates a unit which the department finds:
(1) Is an engineered structure;
(2) Does not receive or contain liquid waste or waste containing free liquids;
(3) Is designed and operated to exclude liquid, precipitation, and other run-on and
runoff;
(4) Has both inner and outer layers of containment enclosing the waste;
(5) Has a leak detection system built into each containment layer;
(6) The owner or operator will provide continuing operation and maintenance of these
leak detection systems during the active life of the unit and the closure and
postclosure care periods; and
(7) To a reasonable degree of certainty, will not allow hazardous constituents to migrate
beyond the outer containment layer prior to the end of the postclosure care period.
c. The department finds, pursuant to subsection 4 of section 33.1-24-05-167, that the
treatment zone of a land treatment unit that qualifies as a regulated unit does not contain
levels of hazardous constituents that are above background levels of those constituents
by an amount that is statistically significant, and if an unsaturated zone monitoring
program meeting the requirements of section 33.1-24-05-165 has not shown a
statistically significant increase in hazardous constituents below the treatment zone
during the operating life of the unit. An exemption under this subsection can only relieve
an owner or operator of responsibility to meet the requirements of sections 33.1-24-05-47
through 33.1-24-05-58 during the postclosure care period;
d. The department finds that there is no potential for migration of liquid from a regulated unit
to the uppermost aquifer during the active life of the regulated unit (including the closure
period) and the postclosure care period specified under section 33.1-24-05-66. This
demonstration must be certified by a qualified geologist or geotechnical engineer. In
order to provide an adequate margin of safety in the prediction of potential migration of
liquid, the owner or operator shall base any predictions made under this subsection on
assumptions that maximize the rate of liquid migration; or
e. The owner or operator designs and operates a pile in compliance with subsection 3 of
section 33.1-24-05-130.
3. The requirements of sections 33.1-24-05-47 through 33.1-24-05-58 apply during the active life
of the regulated unit (including the closure period). After closure of the regulated unit, the
requirements of sections 33.1-24-05-47 through 33.1-24-05-58:

a. Do not apply if all waste, waste residues, contaminated containment system
components, and contaminated subsoils are removed or decontaminated at closure;
b. Apply during the postclosure care period under section 33.1-24-05-66 if the owner or
operator is conducting a detection monitoring program under section 33.1-24-05-55; or
c. Apply during the compliance period under section 33.1-24-05-53 if the owner or operator
is conducting a compliance monitoring program under section 33.1-24-05-56 or a
corrective action program under section 33.1-24-05-57.
4. Sections 33.1-24-05-47 through 33.1-24-05-58 may apply to miscellaneous units when
necessary to comply with sections 33.1-24-05-301 through 33.1-24-05-303.
History: Effective January 1, 2019.
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
### § 33.1-24-05-48. Required programs.

1. Owners and operators subject to the ground water protection requirements of sections
follows:
a. Whenever hazardous constituents under section 33.1-24-05-50 from a regulated unit are
detected at a compliance point under section 33.1-24-05-52, the owner or operator must
institute a compliance monitoring program under section 33.1-24-05-56. Detected is
defined as statistically significant evidence of contamination as described in subsection 6
of section 33.1-24-05-55;
b. Whenever the ground water protection standard under section 33.1-24-05-49 is
exceeded, the owner or operator must institute a corrective action program under section
### § 33.1-24-05-57. Exceeded is defined as statistically significant evidence of increased

contamination as described in subsection 4 of section 33.1-24-05-56;
c. Whenever hazardous constituents under section 33.1-24-05-50 from a regulated unit
exceed concentration limits under section 33.1-24-05-51 in ground water between the
compliance point under section 33.1-24-05-52 and the downgradient facility boundary
property, the owner or operator shall institute a corrective action program under section
33.1-24-05-57; or
d. In all other cases, the owner or operator shall institute a detection monitoring program
under section 33.1-24-05-55.
2. The department will specify in the facility permit the specific elements of the monitoring and
response program. The department may include one or more of the programs identified in
subsection 1 in the facility permit as may be necessary to protect human health and the
environment and will specify the circumstances under which each of the programs will be
required. In deciding whether to require the owner or operator to be prepared to institute a
particular program, the department will consider the potential adverse effects on human health
and the environment that might occur before final administrative action on a permit
modification application to incorporate such a program could be taken.
History: Effective January 1, 2019.
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

### § 33.1-24-05-49. Ground water protection standard.

The owner or operator must comply with conditions specified in the facility permit designed to
ensure that hazardous constituents under section 33.1-24-05-50 detected in the ground water from a
regulated unit do not exceed the concentration limits under section 33.1-24-05-51 in the uppermost
aquifer underlying the waste management area beyond the point of compliance under section
this ground water protection standard in the facility permit when hazardous constituents have been
detected in the ground water.
History: Effective January 1, 2019.
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
### § 33.1-24-05-50. Hazardous constituents.

1. The department will specify in the facility permit the hazardous constituents to which the
ground water protection standard of section 33.1-24-05-49 applies. Hazardous constituents
are constituents identified in appendix V of chapter 33.1-24-02 that have been detected in
ground water in the uppermost aquifer underlying a regulated unit and that are reasonably
expected to be in or derived from waste contained in a regulated unit, unless the department
has excluded them under subsection 2.
2. The department will exclude an appendix V of chapter 33.1-24-02 constituent from the list of
hazardous constituents specified in the facility permit if the department finds that the
constituent is not capable of posing a substantial present or potential hazard to human health
or the environment. In deciding whether to grant an exemption, the department will consider
the following:
a. Potential adverse effects on ground water quality, considering:
(1) The physical and chemical characteristics of the waste in the regulated units,
including its potential for migration.
(2) The hydrogeological characteristics of the facility and surrounding land.
(3) The quantity of ground water and the direction of ground water flow.
(4) The proximity and withdrawal rates of ground water users.
(5) The current and future uses of ground water in the area.
(6) The existing quality of ground water, including other sources of contamination and
their cumulative impact on the ground water quality.
(7) The potential for health risks caused by human exposure to waste constituents.
(8) The potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents.
(9) The persistence and permanence of the potential adverse effect.
b. Potential adverse effects on hydraulically connected surface water quality, considering:
(1) The volume and physical and chemical characteristics of the waste in the regulated
unit.
(2) The hydrogeological characteristics of the facility and surrounding land.

(3) The quantity and quality of ground water, and the direction of ground water flow.
(4) The patterns of rainfall in the region.
(5) The proximity of the regulated unit to surface water.
(6) The current and future uses of surface water in the area and any water quality
standards established for those surface waters.
(7) The existing quality of surface water, including other sources of contamination and
the cumulative impact on surface water quality.
(8) The potential for health risks caused by human exposure to waste constituents.
(9) The potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents.
(10) The persistence and permanence of the potential adverse effects.
3. In making any determination under subsection 2 about the use of ground water in the area
around the facility, the department will consider any identification of underground sources of
drinking water and exempted aquifers made under provisions of the Safe Drinking Water Act
and 40 CFR 144.8.
History: Effective January 1, 2019.
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
### § 33.1-24-05-51. Concentration limits.

1. The department will specify in the facility permit concentration limits in the ground water for
hazardous constituents established under section 33.1-24-05-50. The concentration of a
hazardous constituent:
a. May not exceed the background level of that constituent in the ground water at the time
that limit is specified in the permit;
b. For any of the constituents listed in table 1, may not exceed the respective value given in
that table if the background level of the constituent is below the value given in table 1; or
c. May not exceed an alternate limit established by the department under subsection 2.
Table 1. Maximum Concentration of Constituents for Ground Water Protection
Maximum Concentration
Constituent mg/l
Arsenic 0.05
Barium 1.0
Cadmium 0.01
Chromium 0.05
Lead 0.05
Mercury 0.002
Selenium 0.01
Silver 0.05
Endrin (1,2,3,4,10,10-hexachloro-1,7-epoxy-1,4,4a,5,6,7,8,9a-octahydro-1,4-endo, 0.0002

endo-5, 8-dimenthano naphthalene)
Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma isomer) 0.004
Methoxychlor (1,1,1-trichloro-2, 2-bis[p-methoxyphenyl] ethane) 0.1
Toxaphene (C H Cl technical chlorinated camphene, 67-69% chlorine) 0.005
10 10 8
2,4-D (2,4-dichlorophenoxyacetic acid) 0.1
2,4,5-TP silvex (2,4,5-trichlorophen-oxy propionic acid) 0.01
2. The department will establish an alternate concentration limit for a hazardous constituent if the
department finds that the constituent will not pose a substantial present or potential hazard to
human health or the environment as long as the alternate concentration limit is not exceeded.
In establishing alternate concentration limits, the department will consider the following
factors:
a. Potential adverse effects on ground water quality, considering:
(1) The physical and chemical characteristics of the waste in the regulated unit,
including the potential for migration.
(2) The hydrogeological characteristics of the facility and surrounding land.
(3) The quantity of ground water and direction of ground water flow.
(4) The proximity and withdrawal rates of ground water users.
(5) Current and future uses of ground water in the area.
(6) The existing quality of ground water, including other sources of contamination and
their cumulative impact on the ground water quality.
(7) The potential for health risks caused by human exposure to waste constituents.
(8) The potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents.
(9) The persistence and permanence of potential adverse effects.
b. Potential adverse effects on hydraulically connected surface water quality, considering:
(1) The volume and physical and chemical characteristics of the waste in the regulated
unit.
(2) The hydrogeological characteristics of the facility and surrounding land.
(3) The quantity and quality of ground water, and the direction of ground water flow.
(4) The patterns of rainfall in the region.
(5) The proximity of the regulated unit to surface waters.
(6) The current and future uses of surface waters in the area and any water quality
standards established for those surface waters.
(7) Existing quality of surface water, including other sources of contamination and the
cumulative impact on surface water quality.
(8) The potential for health risks caused by human exposure to waste constituents.

(9) The potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents.
(10) The persistence and permanence of the potential adverse effects.
3. In making any determination under subsection 2 about the use of ground water in the area
around the facility, the department will consider any identification of underground sources of
drinking water and exempted aquifers made under provisions of the Safe Drinking Water Act
and 40 CFR 144.8.
History: Effective January 1, 2019.
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
### § 33.1-24-05-52. Points of compliance.

1. The department will specify in the facility permit the point of compliance at which the ground
water protection standard of section 33.1-24-05-49 applies and at which monitoring must be
conducted. The point of compliance is a vertical surface located at the hydraulically
downgradient limit of the waste management area that extends down into the uppermost
aquifer underlying the regulated units.
2. The waste management area is the limit projected in the horizontal plane of the area on which
waste will be placed during the active life of a regulated unit.
a. The waste management area includes horizontal space taken up by any liner, dike, or
other barrier designed to contain waste in a regulated unit.
b. If the facility contains more than one regulated unit, the waste management area is
described by an imaginary line circumscribing the several regulated units.
History: Effective January 1, 2019.
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
### § 33.1-24-05-53. Compliance period.

1. The department will specify in the facility permit the compliance period during which the
ground water protection standard of section 33.1-24-05-49 applies. The compliance period is
the number of years equal to the active life of the waste management area (including any
waste management activity prior to permitting and the closure period).
2. The compliance period begins when the owner or operator initiates a compliance monitoring
program meeting the requirements of section 33.1-24-05-56.
3. If the owner or operator is engaged in a corrective action program at the end of the
compliance period specified in subsection 1, the compliance period is extended until the
owner or operator can demonstrate that the ground water protection standard of section
History: Effective January 1, 2019.
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
### § 33.1-24-05-54. General ground water monitoring requirements.

The owner or operator shall comply with the following requirements for any ground water
monitoring program developed to satisfy section 33.1-24-05-55, 33.1-24-05-56, or 33.1-24-05-57:

1. The ground water monitoring system must consist of a sufficient number of wells, installed at
appropriate locations and depth to yield ground water samples from the uppermost aquifer
that:
a. Represent the quality of background ground water that has not been affected by leakage
from a regulated unit. A determination of background ground water quality may include
sampling of wells that are not hydraulically upgradient of the waste management area
where:
(1) Hydrogeologic conditions do not allow the owner or operator to determine what
wells are hydraulically upgradient; and
(2) Sampling at other wells will provide an indication of background ground water
quality that is representative or more representative than that provided by the
upgradient wells.
b. Represent the quality of ground water passing the point of compliance.
c. Allow for the detection of contamination when hazardous waste or hazardous
constituents have migrated from the waste management area to the uppermost aquifer.
2. If a facility contains more than one regulated unit, separate ground water monitoring systems
are not required for each regulated unit provided that provisions for sampling the ground water
in the uppermost aquifer will enable detection and measurement at the compliance point of
hazardous constituents from the regulated units that have entered the ground water in the
uppermost aquifer.
3. All monitoring wells must be cased in a manner that maintains the integrity of the monitoring
well borehole. This casing must be screened or perforated and packed with gravel or sand,
where necessary, to enable collection of ground water samples. The annular space, i.e., the
space between the borehole and well casing, above the sampling depth must be sealed to
prevent contamination of samples and the ground water.
4. The ground water monitoring program must include consistent sampling and analysis
procedures that are designed to ensure monitoring results that provide a reliable indication of
ground water quality below the waste management area. At a minimum, the program must
include procedures and techniques for:
a. Sample collection.
b. Sample preservation and shipment.
c. Analytical procedures.
d. Chain of custody control.
5. The ground water monitoring program must include sampling and analytical methods that are
appropriate for ground water sampling and that accurately measure hazardous constituents in
ground water samples.
6. The ground water monitoring program must include a determination of the ground water
surface elevation each time ground water is sampled.
7. In detection monitoring or where appropriate in compliance monitoring, data on each
hazardous constituent specified in the permit will be collected from background wells and
wells at the compliance points the number and kinds of samples collected to establish
background must be appropriate for the form of statistical test employed following generally

accepted statistical principles. The sample site must be as large as necessary to ensure with
reasonable confidence that a contaminant released to ground water from a facility will be
detected. The owner or operator will determine an appropriate sampling procedure and
interval for each hazardous constituent listed in the facility permit which must be specified in
the unit permit upon approval by the department. This sampling procedure must be:
a. A sequence of at least four samples, taken at an interval that assures, to the greatest
extent technically feasible, that an independent sample is obtained, by reference to the
uppermost aquifers effective porosity, hydraulic conductivity, and hydraulic gradient, and
the fate and transport characteristics of the potential contaminants; or
b. An alternate sampling procedure proposed by the owner or operator and approved by the
department.
8. The owner or operator will specify one of the following statistical methods to be used in
evaluating ground water monitoring data for each hazardous constituent which, upon approval
by the department, will be specified in the unit permit. The statistical test chosen must be
conducted separately for each hazardous constituent in each well. Where practical
quantification limits are used in any of the following statistical procedures to comply with
subdivision e of subsection 9, the practical quantification limits must be proposed by the
owner or operator and approved by the department. Use of any of the following statistical
methods must be protective of human health and the environment and must comply with the
performance standards outlined in subsection 9.
a. A parametric analysis of variance followed by multiple comparison procedures to identify
statistically significant evidence of contamination. The method must include estimation
and testing of the contrasts between each compliance wells mean and the background
mean levels for each constituent.
b. An analysis of variance based on ranks followed by multiple comparison procedures to
identify statistically significant evidence of contamination. The method must include
estimation and testing of the contrasts between each compliance wells median and the
background median levels for each constituent.
c. A tolerance or prediction interval procedure in which an interval for each constituent is
established from the distribution of the background data, and the level of each
constituent in each compliance well is compared to the upper tolerance or prediction
limit.
d. A control chart approach that gives control limits for each constituent.
e. Another statistical test method submitted by the owner or operator and approved by the
department.
9. Any statistical method chosen under subsection 8 for specification in the unit permit shall
comply with the following performance standards, as appropriate:
a. The statistical method used to evaluate ground water monitoring data must be
appropriate for the distribution of chemical parameters or hazardous constituents. If the
distribution of the chemical parameters or hazardous constituents is shown by the owner
or operator to be inappropriate for a normal theory test, then the data should be
transformed or a distribution-free theory test should be used. If the distributions for the
constituents differ, more than one statistical method may be needed.
b. If an individual well comparison procedure is used to compare an individual compliance
well constituent concentration with background constituent concentrations or a ground
water protection standard, the test must be done at a type one error level no less than

one hundredth for each testing period. If a multiple comparisons procedure is used, the
type one experiment wise error rate for each testing period must be no less than five
hundredths; however, the type one error of no less than one hundredth for individual well
comparisons must be maintained. This performance standard does not apply to tolerance
intervals, prediction intervals, or control charts.
c. If a control chart approach is used to evaluate ground water monitoring data, the specific
type of control chart and its associated parameter values must be proposed by the owner
or operator and approved by the department if the department finds it to be protective of
human health and the environment.
d. If a tolerance interval or a prediction interval is used to evaluate ground water monitoring
data, the levels of confidence and, for tolerance intervals, the percentage of the
population that the interval must contain, must be proposed by the owner or operator and
approved by the department if the department finds these parameters to be protective of
human health and the environment. These parameters will be determined after
considering the number of samples in the background data base, the data distribution,
and the range of the concentration values for each constituent of concern.
e. The statistical method must account for data below the limit of detection with one or more
statistical procedures that are protective of human health and the environment. Any
practical quantification limit approved by the department under subsection 8 that is used
in the statistical method must be the lowest concentration level that can be reliably
achieved within specified limits of precision and accuracy during routine laboratory
operating conditions that are available to the facility.
f. If necessary, the statistical method must include procedures to control or correct for
seasonal and spacial variability as well as temporal correlation in the data.
10. Ground water monitoring data collected in accordance with subsection 7 including actual
levels of constituents must be maintained in the facility operating record. The department will
specify in the permit when the data must be submitted for review.
History: Effective January 1, 2019.
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
### § 33.1-24-05-55. Detection monitoring program.

An owner or operator required to establish a detection monitoring program under sections
1. The owner or operator shall monitor for indicator parameters (for example, specific
conductance, total organic carbon, or total organic halogen), waste constituents, or reaction
products that provide a reliable indication of the presence of hazardous constituents in ground
water. The department will specify the parameters or constituents to be monitored in the
facility permit, after considering the following factors:
a. The types, quantities, and concentrations of constituents in wastes managed at the
regulated unit.
b. The mobility, stability, and persistence of waste constituents or their reaction products in
the unsaturated zone beneath the waste management area.
c. The detectability of indicator parameters, waste constituents, and reaction products in
ground water.

d. The concentrations or values and coefficients of variation of proposed monitoring
parameters or constituents in the ground water background.
2. The owner or operator shall install a ground water monitoring system at the compliance point
under section 33.1-24-05-52 which complies with subdivision b of subsection 1, and
subsections 2 and 3, of section 33.1-24-05-54.
3. The owner or operator must conduct a ground water monitoring program for each chemical
parameter and hazardous constituent specified in the permit pursuant to subsection 1 in
accordance with subsection 7 of section 33.1-24-05-54. The owner or operator must maintain
a record of ground water analytical data as measured and in a form necessary for the
determination of statistical significance under subsection 8 of section 33.1-24-05-54.
4. The department will specify the frequencies for collecting samples and conducting statistical
tests to determine whether there is statistically significant evidence of contamination for any
parameter or hazardous constituent specified in the permit conditions under subsection 1 in
accordance with subsection 7 of section 33.1-24-05-54.
5. The owner or operator shall determine the ground water flow rate and direction in the
uppermost aquifer at least annually.
6. The owner or operator must determine whether there is statistically significant evidence of
contamination for any chemical parameter of hazardous constituent specified in the permit
pursuant to subsection 1 at a frequency specified under subsection 4.
a. In determining whether statistically significant evidence of contamination exists, the
owner or operator must use the methods specified in the permit under subsection 8 of
section 33.1-24-05-54. These methods must compare data collected at the compliance
points to the background ground water quality data.
b. The owner or operator must determine whether there is statistically significant evidence
of contamination at each monitoring well at the compliance point within a reasonable
period of time at the completion of sampling. The department will specify in the facility
permit what period of time is reasonable, after considering the complexity of the
statistical test and availability of laboratory facilities to perform the analysis of ground
water samples.
7. If the owner or operator determines pursuant to subsection 6 that there is statistically
significant evidence of contamination for chemical parameters or hazardous constituents
specified pursuant to subsection 1 at any monitoring well at the compliance point, the owner
or operator must:
a. Notify the department of this finding in writing within seven days. The notification must
indicate what chemical parameters or hazardous constituents have shown statistically
significant evidence of contamination.
b. Immediately sample the ground water in all monitoring wells and determine whether
constituents in the list of appendix XII of chapter 33.1-24-05 are present, and if so, in
what concentration. However, the department, on a discretionary basis, may allow
sampling for a site-specific subset of constituents from the appendix XII of chapter
c. For any appendix XII compounds found in the analysis pursuant to subdivision b, the
owner or operator may resample within one month or at an alternative site-specific
schedule approved by the department and repeat the analysis for those compounds
detected. If the results of the second analysis confirm the initial results, then these
constituents will form the basis for compliance monitoring. If the owner or operator does

not resample for the compounds in subdivision b, the hazardous constituents found
during this initial appendix XII analysis will form the basis for compliance monitoring.
d. Within ninety days, submit to the department an application for a permit modification to
establish a compliance monitoring program meeting the requirements of section
### § 33.1-24-05-56. The application must include the following information:

(1) An identification of the concentration of any appendix XII constituent detected in the
ground water at each monitoring well at the compliance point.
(2) Any proposed changes to the ground water monitoring system at the facility
necessary to meet the requirements of section 33.1-24-05-56.
(3) Any proposed additions or changes to the monitoring frequency, sampling and
analysis procedures or methods, or statistical methods used at the facility necessary
to meet the requirements of section 33.1-24-05-56.
(4) For each hazardous constituent detected at the compliance point, a proposed
concentration limit under subdivision a or b of subsection 1 of section
33.1-24-05-51, or a notice of intent to seek an alternate concentration limit under
subsection 2 of section 33.1-24-05-51.
e. Within one hundred eighty days, submit to the department:
(1) All data necessary to justify an alternate concentration limit sought under
subsection 2 of section 33.1-24-05-51; and
(2) An engineering feasibility plan for a corrective action program necessary to meet the
requirements of section 33.1-24-05-57, unless:
(a) All hazardous constituents identified under subdivision b are listed in table 1 of
section 33.1-24-05-51 and their concentrations do not exceed the respective
values given in that table; or
(b) The owner or operator has sought an alternate concentration limit under
subsection 2 of section 33.1-24-05-51 for every hazardous constituent
identified under subdivision b.
f. If the owner or operator determines, pursuant to subsection 6, that there is a statistically
significant difference for chemical parameters or hazardous constituents specified
pursuant to subsection 1 at any monitoring well at the compliance point, the owner or
operator may demonstrate that a source other than a regulated unit caused the
contamination or that the detection is an artifact caused by an error in sampling, analysis,
or statistical evaluation or natural variation in the ground water. The owner or operator
may make a demonstration under this subdivision in addition to, or in lieu of, submitting a
permit modification application under subdivision d; however, the owner or operator is not
relieved of the requirement to submit a permit modification application within the time
specified in subdivision d unless the demonstration made under this subdivision
successfully shows that a source other than a regulated unit caused the increase, or that
the increase resulted from error in sampling, analysis, or evaluation. In making a
demonstration under this subdivision, the owner or operator must:
(1) Notify the department in writing within seven days of determining statistically
significant evidence of contamination at the compliance point that the owner or
operator intends to make a demonstration under this subdivision;

(2) Within ninety days, submit a report to the department which demonstrates that a
source other than a regulated unit caused the contamination or that the
contamination resulted from error in sampling, analysis, or evaluation;
(3) Within ninety days, submit to the department an application for a permit modification
to make any appropriate changes to the detection monitoring program facility; and
(4) Continue to monitor in accordance with the detection monitoring program
established under this section.
8. If the owner or operator determines that the detection monitoring program no longer satisfies
the requirements of this section, the owner or operator must, within ninety days, submit an
application for a permit modification to make any appropriate changes to the program.
History: Effective January 1, 2019.
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
### § 33.1-24-05-56. Compliance monitoring program.

An owner or operator who is required to establish a compliance monitoring program under sections
1. The owner or operator shall monitor the ground water to determine whether regulated units
are in compliance with the ground water protection standard under section 33.1-24-05-49. The
department will specify the ground water protection standard in the facility permit, including:
a. A list of the hazardous constituents identified under section 33.1-24-05-50.
b. Concentration limits under section 33.1-24-05-51 for each of those hazardous
constituents.
c. The compliance point under section 33.1-24-05-52.
d. The compliance period under section 33.1-24-05-53.
2. The owner or operator shall install a ground water monitoring system at the compliance point
as specified under section 33.1-24-05-52. The ground water monitoring system must comply
with subdivision b of subsection 1, and subsections 2 and 3 of section 33.1-24-05-54.
3. The department will specify the sampling procedures and statistical methods appropriate for
the constituents and the facility, consistent with subsections 7 and 8 of section 33.1-24-05-54.
a. The owner or operator must conduct a sampling program for each chemical parameter or
hazardous constituent in accordance with subsection 7 of section 33.1-24-05-54.
b. The owner or operator must record ground water analytical data as measured and in
form necessary for the determination of statistical significance under subsection 8 of
section 33.1-24-05-54 for the compliance period of the facility.
4. The owner or operator must determine whether there is statistically significant evidence of
increased contamination for any chemical parameter or hazardous constituent specified in the
permit, pursuant to subsection 1, at a frequency specified under subsection 6.
a. In determining whether statistically significant evidence of increased contamination
exists, the owner or operator must use the methods specified in the permit under
subsection 8 of section 33.1-24-05-54. The methods must compare data collected at the

compliance points to a concentration limit developed in accordance with section
33.1-24-05-51.
b. The owner or operator must determine whether there is statistically significant evidence
of increased contamination at each monitoring well at the compliance point within a
reasonable time period after completion of sampling. The department will specify that
time period and the facility permit, after considering the complexity of the statistical test
and the availability of laboratory facilities to perform the analysis of ground water
samples.
5. The owner or operator shall determine the ground water flow rate and direction in the
uppermost aquifer at least annually.
6. The department will specify the frequencies for collecting samples and conducting statistical
tests to determine statistically significant evidence of increased contamination in accordance
with subsection 7 of section 33.1-24-05-54.
7. Annually, the owner or operator must determine whether additional hazardous constituents
from appendix XII, which could possibly be present but are not on the detection monitoring list
in the permit, are actually present in the uppermost aquifer and, if so, at what concentration,
pursuant to procedures in subsection 6 of section 33.1-24-05-55. To accomplish this, the
owner or operator must consult with the department to determine on a case-by-case basis
which sample collection event during the year will involve enhanced sampling, the number of
monitoring wells at the compliance point to undergo enhanced sampling, the number of
samples to be collected from each of these monitoring wells, and the specific constituents
from appendix XII for which these samples must be analyzed. If the enhanced sampling event
indicates that appendix XII constituents are present in the ground water that are not already
identified in the permit as monitoring constituents, the owner or operator may resample within
one month or at an alternative site-specific schedule approved by the department, and repeat
the appendix XII analysis. If the second analysis confirms the presence of new constituents,
the owner or operator must report the concentration of these additional constituents to the
department within seven days after the completion of the second analysis and add them to the
monitoring list. If the owner or operator chooses not to resample, then the owner or operator
must report the concentrations of these additional constituents to the department within seven
days after completion of the initial analysis and add them to the monitoring list.
8. If the owner or operator determines pursuant to subsection 4 that any concentration limits
under section 33.1-24-05-51 are being exceeded at any monitoring well at the point of
compliance, the owner or operator must:
a. Notify the department of this finding in writing within seven days. The notification must
indicate what concentration limits have been exceeded.
b. Submit to the department an application for a permit modification to establish a corrective
action program meeting the requirements of section 33.1-24-05-57 within one hundred
eighty days, or within ninety days if an engineering feasibility study has been previously
submitted to the department under subdivision e of subsection 7 of section
### § 33.1-24-05-55. The application must, at a minimum, include the following information:

(1) A detailed description of corrective actions that will achieve compliance within the
ground water protection standard specified in the permit under subsection 1.
(2) A plan for a ground water monitoring program that will demonstrate the
effectiveness of the corrective action. Such a ground water monitoring program may
be based on a compliance monitoring program developed to meet the requirements
of this section.

9. If the owner or operator determines, pursuant to subsection 4, that the ground water
concentration limits under this section are being exceeded at any monitoring well at the point
of compliance, the owner or operator may demonstrate that a source other than a regulated
unit caused the contamination or that the detection is an artifact caused by an error in
sampling, analysis, or statistical evaluation or natural variation in the ground water. In making
a demonstration under this subsection, the owner or operator must:
a. Notify the department in writing within seven days that the owner or operator intends to
make a demonstration under this subsection.
b. Within ninety days, submit a report to the department which demonstrates that a source
other than a regulated unit caused the standard to be exceeded or that the apparent
noncompliance with the standards resulted from error in sampling, analysis, or
evaluation.
c. Within ninety days, submit to the department an application for a permit modification to
make any appropriate changes to the compliance monitoring program at the facility.
d. Continue to monitor in accordance with the compliance monitoring program established
under this section.
10. If the owner or operator determines that the compliance monitoring program no longer
satisfies the requirements of this section, the owner or operator shall, within ninety days,
submit an application for a permit modification to make any appropriate changes to the
program.
History: Effective January 1, 2019.
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
### § 33.1-24-05-57. Corrective action program.

An owner or operator required to establish a corrective action program under sections
1. The owner or operator shall take corrective action to ensure that regulated units are in
compliance with the ground water protection standard under section 33.1-24-05-49. The
department will specify the ground water protection standard in the facility permit including:
a. A list of the hazardous constituents identified under section 33.1-24-05-50.
b. Concentration limits under section 33.1-24-05-51 for each of those hazardous
constituents.
c. The compliance point under section 33.1-24-05-52.
d. The compliance period under section 33.1-24-05-53.
2. The owner or operator shall implement a corrective action program that prevents hazardous
constituents from exceeding their respective concentration limits at the compliance point by
removing the hazardous waste constituents or treating them in place. The permit will specify
the specific measures that will be taken.
3. The owner or operator shall begin corrective action within a reasonable time period after the
ground water protection standard is exceeded. The department will specify that time period in
the facility permit. If a facility permit includes a corrective action program in addition to a
compliance monitoring program, the permit will specify when the corrective action will begin

and such a requirement will operate in lieu of subdivision b of subsection 9 of section
33.1-24-05-56.
4. In conjunction with a corrective action program, the owner or operator shall establish and
implement a ground water monitoring program to demonstrate the effectiveness of the
corrective action program. Such a monitoring program may be based on the requirements for
a compliance monitoring program under section 33.1-24-05-56 and must be as effective as
that program in determining compliance with the ground water protection standard under
section 33.1-24-05-49 and in determining the success of a corrective action program under
subsection 5 where appropriate.
5. In addition to the other requirements of this section, the owner or operator shall conduct a
corrective action program to remove or treat in place any hazardous constituents under
section 33.1-24-05-50 that exceed concentration limits under section 33.1-24-05-51 in ground
water:
a. Between the compliance point under section 33.1-24-05-52 and the downgradient
property boundary; and
b. Beyond the facility boundary, where necessary to protect human health and the
environment, unless the owner or operator demonstrates to the satisfaction of the
department that, despite the owner's or operator's best efforts, the owner or operator was
unable to obtain the necessary permission to undertake such action. The owner or
operator is not relieved of all responsibility to clean up a release that has migrated
beyond the facility boundary where offsite access is denied. Onsite measures to address
such releases will be determined on a case-by-case basis.
c. Corrective action measures under this subsection must be initiated and completed within
a reasonable period of time considering the extent of contamination.
d. Corrective action measures under this subsection may be terminated once the
concentration of hazardous constituents under section 33.1-24-05-50 is reduced to levels
below their respective concentration limits under section 33.1-24-05-51.
6. The owner or operator shall continue corrective action measures during the compliance period
to the extent necessary to ensure that the ground water protection standard is not exceeded.
If the owner or operator is conducting corrective action at the end of the compliance period,
the owner or operator shall continue that corrective action for as long as necessary to achieve
compliance with the ground water protection standard. The owner or operator may terminate
corrective action measures taken beyond the period equal to the active life of the waste
management area (including the closure period) if the owner or operator can demonstrate,
based on data from the ground water monitoring program under subsection 4, that the ground
water protection standard of section 33.1-24-05-49 has not been exceeded for a period of
three consecutive years.
7. The owner or operator shall report in writing to the department on the effectiveness of the
corrective action program. The owner or operator shall submit these reports annually.
8. If the owner or operator determines that the corrective action program no longer satisfies the
requirements of this section, the owner or operator shall, within ninety days, submit an
application for a permit modification to make any appropriate changes to the program.
History: Effective January 1, 2019.
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

### § 33.1-24-05-58. Corrective action for solid waste management units.

1. The owner or operator of a facility seeking a permit for the treatment, storage, or disposal of
hazardous waste must institute corrective action as necessary to protect human health and
the environment for all releases of hazardous waste or constituents from any solid waste
management unit at the facility, regardless of the time at which waste was placed in such unit.
2. Corrective action will be specified in the permit in accordance with this section and sections
such corrective action (where such corrective action cannot be completed prior to issuance of
the permit) and assurances of financial responsibility for completing such corrective action.
3. The owner or operator must implement corrective actions beyond the facility property
boundary, where necessary to protect human health and the environment, unless the owner or
operator demonstrates to the satisfaction of the department that, despite the owner's or
operator's best efforts, the owner or operator was unable to obtain the necessary permission
to undertake such actions. The owner or operator is not relieved of all responsibility to clean
up a release that has migrated beyond the facility boundary where offsite access is denied.
Onsite measures to address such releases will be determined on a case-by-case basis.
Assurances of financial responsibility for such corrective action must be provided.
4. This section does not apply to remediation waste management sites unless they are part of a
facility subject to a permit for treating, storing, or disposing of hazardous wastes that are not
remediation wastes.
History: Effective January 1, 2019.
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
### § 33.1-24-05-59. Applicability of closure and postclosure requirements.

Except as section 33.1-24-05-01 provides otherwise:
1. Sections 33.1-24-05-60 through 33.1-24-05-64 (which concern closure) apply to the owners
and operators of all hazardous waste management facilities; and
2. Sections 33.1-24-05-65 through 33.1-24-05-69 (which concern postclosure care) apply to the
owners and operators of:
a. All hazardous waste disposal facilities;
b. Waste piles and surface impoundments from which the owner or operator intends to
remove the wastes at closure to the extent that these sections are made applicable to
such facilities in section 33.1-24-05-119 or 33.1-24-05-135;
c. Tank systems that are required under section 33.1-24-05-110 to meet the requirements
for landfills; and
d. Containment buildings that are required under section 33.1-24-05-477 to meet the
requirement for landfills.
History: Effective January 1, 2019.
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
### § 33.1-24-05-60. Closure performance standard.

The owner or operator shall close the owner's or operator's facility in a manner that:

1. Minimizes the need for further maintenance;
2. Controls, minimizes, or eliminates, to the extent necessary to protect human health and the
environment, postclosure escape of hazardous waste, hazardous constituents, leachate,
contaminated runoff, or hazardous waste decomposition products to the ground or surface
waters or to the atmosphere; and
3. Complies with the closure requirements of sections 33.1-24-05-59 through 33.1-24-05-73,
including the requirements of sections 33.1-24-05-97, 33.1-24-05-110, 33.1-24-05-122,
33.1-24-05-135, 33.1-24-05-151, 33.1-24-05-167, 33.1-24-05-180, 33.1-24-05-301 through
33.1-24-05-303, and section 33.1-24-05-477.
History: Effective January 1, 2019.
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
### § 33.1-24-05-61. Closure plan - Amendment of plan.

1. Written plan.
a. The owner or operator of a hazardous waste management facility shall have a written
closure plan. In addition, certain surface impoundments and waste piles from which the
owner or operator intends to remove or decontaminate the hazardous waste at partial or
final closure are required by paragraph 1 of subdivision a of subsection 3 of section
permit application, in accordance with subdivision m of subsection 2 of section
33.1-24-06-17, and approved by the department as part of the permit issuance procedure
under chapter 33.1-24-07. In accordance with section 33.1-24-06-05, the approved
closure plan will become a condition of any hazardous waste permit.
b. The department's approval of the plan must ensure that the approved closure plan is
consistent with sections 33.1-24-05-60 through 33.1-24-05-64 and the applicable
requirements of sections 33.1-24-05-47 through 33.1-24-05-58, 33.1-24-05-97,
33.1-24-05-110, 33.1-24-05-122, 33.1-24-05-135, 33.1-24-05-151, 33.1-24-05-167,
33.1-24-05-180, 33.1-24-05-301, and 33.1-24-05-477. Until final closure is completed
and certified in accordance with section 33.1-24-05-64, a copy of the approved plan and
all approved revisions must be furnished to the department upon request, including
requests by mail.
2. Content of plan. The plan must identify steps necessary to perform partial or final, or both,
closure of the facility at any point during its active life. The closure plan must include:
a. A description of how each hazardous waste management unit at the facility will be closed
in accordance with section 33.1-24-05-60;
b. A description of how final closure of the facility will be conducted in accordance with
section 33.1-24-05-60. The description must identify the maximum extent of the
operations which will be unclosed during the active life of the facility;
c. An estimate of the maximum inventory of hazardous wastes ever onsite over the active
life of the facility and a detailed description of the methods to be used during partial
closures and final closure, including methods for removing, transporting, treating, storing,
or disposing of all hazardous wastes, and identification of the types of the offsite
hazardous waste management units to be used, if applicable;

d. A detailed description of the steps needed to remove or decontaminate all hazardous
waste residues and contaminated containment system components, equipment,
structures, and soils during partial and final closure, including procedures for cleaning
equipment and removing contaminated soils, methods for sampling and testing
surrounding soils, and criteria for determining the extent of decontamination required to
satisfy the closure performance standards;
e. A detailed description of other activities necessary during the closure period to ensure
that all partial closures and final closures satisfy the closure performance standards,
including ground water monitoring, leachate collection, and run-on and runoff control;
f. A schedule for closure of each hazardous waste management unit and for final closure of
the facility. The schedule must include, at a minimum, the total time required to close
each hazardous waste management unit and the time required for intervening closure
activities which will allow tracking of the progress of partial and final closure. (For
example, in the case of a landfill unit, estimates of the time required to treat or dispose of
all hazardous waste inventory and of the time required to place a final cover must be
included.);
g. For facilities that use trust funds or establish financial assurance under section
estimate of the expected year of final closure; and
h. A closure cost estimate.
3. Amendment of plan. The owner or operator must submit a written notification of, or request
for, a permit modification to authorize a change in operating plans, facility design, or the
approved closure plan in accordance with the applicable procedures in chapters 33.1-24-06
and 33.1-24-07. The written notification or request must include a copy of the amended
closure plan for review or approval by the department.
a. The owner or operator may submit a written notification or request to the department for
a permit modification to amend the closure plan at any time prior to the notification of
partial or final closure of the facility.
b. The owner or operator must submit a written notification of, or request for, a permit
modification to authorize a change in the approved closure plan when:
(1) Changes in operating plans or facility design affect the closure plan;
(2) There is a change in the expected year of closure, if applicable; or
(3) In conducting partial or final closure activities, unexpected events require a
modification of the approved closure plan.
c. The owner or operator shall submit a written request for a permit modification, including a
copy of the amended closure plan for approval at least sixty days prior to the proposed
change in facility design or operation, or no later than sixty days after an unexpected
event has occurred which has affected the closure plan. If an unexpected event occurs
during the partial or final closure period, the owner or operator shall request a permit
modification no later than thirty days after the unexpected event. An owner or operator of
a surface impoundment or waste pile that intends to remove all hazardous waste at
closure and is not otherwise required to prepare a contingent closure plan under
paragraph 1 of subdivision a of subsection 3 of section 33.1-24-05-122 or paragraph 1 of
subdivision a of subsection 3 of section 33.1-24-05-135 shall submit an amended closure
plan to the department no later than sixty days from the date that the owner or operator
or department determines that the hazardous waste management unit must be closed as

a landfill, subject to the requirements of section 33.1-24-05-180, or no later than thirty
days from that date if the determination is made during partial or final closure. The
department will approve, disapprove, or modify this amended plan in accordance with the
procedures in chapters 33.1-24-06 and 33.1-24-07. In accordance with section
33.1-24-06-05, the approved closure plan will become a condition of the hazardous
waste permit issued.
d. The department may request modifications to the plan under the conditions described in
subdivision b. The owner or operator shall submit the modified plan within sixty days of
the department's request, or within thirty days if the change in facility conditions occurs
during partial or final closure. Any modifications requested by the department will be
approved in accordance with procedures in chapters 33.1-24-06 and 33.1-24-07.
4. Notification of partial closure and final closure.
a. The owner or operator shall notify the department in writing at least sixty days prior to the
date on which the owner or operator expects to begin closure of a surface impoundment,
waste pile, land treatment or landfill unit, or final closure of a facility with such a unit. The
owner or operator shall notify the department in writing at least forty-five days prior to the
date on which the owner or operator expects to begin final closure of a facility with only
treatment or storage tanks, container storage, or incinerator units to be closed. The
owner or operator must notify the department in writing at least forty-five days prior to the
date which the owner or operator expects to begin partial or final closure of a boiler or
industrial furnace, whichever is earlier.
b. The date when the owner or operator "expects to begin closure" must be either no later
than thirty days after the date on which any hazardous waste management unit receives
the known final volume of hazardous wastes or, if there is a reasonable possibility that
the hazardous waste management unit will receive additional hazardous waste, no later
than one year after the date on which the unit received the most recent volume of
hazardous waste. If the owner or operator of a hazardous waste management unit can
demonstrate to the department that the hazardous waste management unit or facility has
the capacity to receive additional hazardous wastes and the owner or operator has taken
and will continue to take, all steps to prevent threats to human health and the
environment, including compliance with all applicable permit requirements, the
department may approve an extension to this one-year limit.
c. If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial
decree or final order under North Dakota Century Code section 23.1-04-14, to cease
receiving hazardous waste or to close, then the requirements of this subsection do not
apply. However, the owner or operator shall close the facility in accordance with the
deadlines established in section 33.1-24-05-62.
5. Removal of wastes and decontamination or dismantling of equipment. Nothing in this
section precludes the owner or operator from removing hazardous wastes and
decontaminating or dismantling equipment in accordance with the approved partial or final
closure plan at any time before or after notification of partial or final closure.
History: Effective January 1, 2019.
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
### § 33.1-24-05-62. Closure - Time allowed for closure.

1. Within ninety days after receiving the final volume of hazardous wastes at a hazardous waste
management unit or facility, the owner or operator shall treat, remove from the unit or facility,

or dispose of onsite, all hazardous wastes in accordance with the approved closure plan. The
department may approve a longer period if the owner or operator complies with all applicable
requirements for requesting a modification to the permit and demonstrates that one or both of
the following subdivisions apply:
a. The activities required to comply with this subsection will, of necessity, take longer than
ninety days to complete; or
b. All of the following apply:
(1) The hazardous waste management unit or facility has the capacity to receive
additional hazardous waste;
(2) There is a reasonable likelihood that the owner or operator or another person will
recommence operation of the hazardous waste management unit or the facility
within one year;
(3) Closure of the hazardous waste management unit or facility would be incompatible
with continued operation of the site; and
(4) The owner or operator has taken and will continue to take all steps to prevent
threats to human health and the environment, including compliance with all
applicable permit requirements.
2. The owner or operator shall complete partial and final closure activities in accordance with the
approved closure plan and within one hundred eighty days after receiving the final volume of
hazardous wastes at the hazardous waste management unit or facility. The department may
approve an extension to the closure period if the owner or operator complies with all
applicable requirements for requesting a modification to the permit and demonstrates that one
or both of the following subdivisions apply:
a. The partial or final closure activities will, of necessity, take longer than one hundred
eighty days to complete; or
b. All of the following apply:
(1) The hazardous waste management unit or facility has the capacity to receive
additional hazardous waste;
(2) There is reasonable likelihood that the owner or operator or another person will
recommence operation of the hazardous waste management unit or the facility
within one year;
(3) Closure of the hazardous waste management unit or facility would be incompatible
with continued operation of the site; and
(4) The owner or operator has taken and will continue to take all steps to prevent
threats to human health and the environment from the unclosed but not operating
hazardous waste management unit or facility, including compliance with all
applicable permit requirements.
3. The demonstrations referred to in subsections 1 and 2 must be made as follows: The
demonstrations in subsection 1 must be made at least thirty days prior to expiration of the
ninety-day period in subsection 1; and the demonstration in subsection 2 must be made at
least thirty days prior to the expiration of the one hundred eighty-day period in subsection 2.
History: Effective January 1, 2019.

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
### § 33.1-24-05-63. Disposal or decontamination of equipment, structures, and soils.

During the partial and final closure periods, all contaminated equipment, structures, and soils must
be properly disposed of or decontaminated unless otherwise specified in sections 33.1-24-05-110,
33.1-24-05-122, 33.1-24-05-135, 33.1-24-05-167, or 33.1-24-05-180. By removing any hazardous
wastes or hazardous constituents during partial and final closure, the owner or operator may become a
generator of hazardous waste and shall handle that waste in accordance with all applicable
requirements of chapter 33.1-24-03.
History: Effective January 1, 2019.
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
### § 33.1-24-05-64. Certification of closure.

Within sixty days of completion of closure of each hazardous waste surface impoundment, waste
pile, land treatment, and landfill unit, and within sixty days of the completion of final closure, the owner
or operator shall submit to the department, by registered mail, a certification that the hazardous waste
management unit or facility, as applicable, has been closed in accordance with the specifications in the
approved closure plan. The certification must be signed by the owner or operator and by a qualified
professional engineer. Documentation supporting the professional engineer's certification must be
furnished to the department upon request until the department releases the owner or operator from the
financial assurance requirements for closure under subsection 9 of section 33.1-24-05-77.
History: Effective January 1, 2019.
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
### § 33.1-24-05-65. Survey plat.

No later than the submission of the certification of closure of each hazardous waste disposal unit,
the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over
local land use, and to the department, a survey plot indicating the location and dimensions of landfill
cells, or other hazardous waste disposal units with respect to permanently surveyed benchmarks. This
plat must be prepared and certified by a professional land surveyor. The plat filed with a local zoning
authority or the authority with jurisdiction over local land use, must contain a note, prominently
displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous
waste disposal unit in accordance with the applicable regulations under sections 33.1-24-05-59 through
33.1-24-05-73.
History: Effective January 1, 2019.
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
### § 33.1-24-05-66. Postclosure care and use of property.

1. Postclosure care requirements.
a. Postclosure care for each hazardous waste management unit subject to the
requirements of sections 33.1-24-05-66 through 33.1-24-05-69 must begin after
completion of closure of the unit and continue for thirty years after that date and must
consist of at least the following:

(1) Monitoring and reporting in accordance with the requirements of sections
33.1-24-05-143, sections 33.1-24-05-160 through 33.1-24-05-190, and sections
(2) Maintenance and monitoring of waste containment systems in accordance with the
requirements of sections 33.1-24-05-47 through 33.1-24-05-58, sections
33.1-24-05-190, and sections 33.1-24-05-300 through 33.1-24-05-309.
b. Anytime preceding partial closure of a hazardous waste management unit subject to
postclosure care requirements or final closure, or anytime during the postclosure period
for a particular unit, the department may, in accordance with the permit modification
procedures in chapters 33.1-24-06 and 33.1-24-07:
(1) Shorten the postclosure care period applicable to the hazardous waste
management unit, or facility, if all disposal units have been closed, if the department
finds that the reduced period is sufficient to protect human health and the
environment (for example, leachate or ground water monitoring results,
characteristics of the hazardous waste, application of advanced technology or
alternative disposal, treatment, or reuse techniques indicate that the hazardous
waste management unit or facility is secure); or
(2) Extend the postclosure care period applicable to the hazardous waste management
unit or facility if the department finds that the extended period is necessary to
protect human health or the environment (for example, leachate or ground water
monitoring results indicate a potential for migration of hazardous waste at levels
which may be harmful to human health or the environment).
2. The department may require, at partial and final closure, continuation of any of the security
requirements of section 33.1-24-05-05 during part or all of the postclosure period when:
a. Hazardous wastes may remain exposed after completion of partial or final closure; or
b. Access by the public or domestic livestock may pose a hazard to human health.
3. Postclosure use of property on or in which hazardous wastes remain after partial or final
closure must never be allowed to disturb the integrity of the final cover, liners, or any other
components of the containment system, or the function of the facility's monitoring systems,
unless the department finds that the disturbance:
a. Is necessary to the proposed use of the property, and will not increase the potential
hazard to human health or the environment; or
b. Is necessary to reduce a threat to human health or the environment.
4. All postclosure care activities must be in accordance with the provisions of the approved
postclosure plan as specified in section 33.1-24-05-67.
History: Effective January 1, 2019.
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
### § 33.1-24-05-67. Postclosure plan - Amendment of plan.

1. Written plan. The owner or operator of a hazardous waste disposal unit shall have a written
postclosure plan. In addition, certain surface impoundments and waste piles from which the

owner or operator intends to remove or decontaminate the hazardous wastes at partial or final
closure are required by paragraph 2 of subdivision a of subsection 3 of section
have contingent postclosure plans. Owners or operators of surface impoundments and waste
piles not otherwise required to prepare contingent postclosure plans under paragraph 2 of
subdivision a of subsection 3 of section 33.1-24-05-122 and paragraph 2 of subdivision a of
subsection 3 of section 33.1-24-05-135 shall submit a postclosure plan to the department
within ninety days from the date that the owner or operator or department determines that the
hazardous waste management unit must be closed as a landfill, subject to the requirements of
sections 33.1-24-05-66 through 33.1-24-05-69. The plan must be submitted with the permit
application in accordance with section 33.1-24-06-17, and approved by the department as part
of the permit issuance procedure under chapter 33.1-24-07. In accordance with section
33.1-24-06-05, the approved postclosure plan will become a condition of any hazardous waste
permit issued.
2. For each hazardous waste management unit subject to the requirements of this section, the
postclosure plan must identify the activities that will be carried on after closure of each
disposal unit and the frequency of these activities, and include at least:
a. A description of the planned monitoring activities and frequencies at which they will be
performed to comply with sections 33.1-24-05-47 through 33.1-24-05-58, sections
33.1-24-05-190, and sections 33.1-24-05-300 through 33.1-24-05-309 during the
postclosure care period;
b. A description of the planned maintenance activities, and frequencies at which they will be
performed to ensure:
(1) The integrity of the cap and final cover or other containment systems in accordance
with the requirements of sections 33.1-24-05-47 through 33.1-24-05-58, sections
33.1-24-05-190, and sections 33.1-24-05-300 through 33.1-24-05-309;
(2) The function of the monitoring equipment in accordance with the requirements of
sections 33.1-24-05-47 through 33.1-24-05-58, sections 33.1-24-05-118 through
33.1-24-05-143, sections 33.1-24-05-160 through 33.1-24-05-190, and sections
c. The name, address, and telephone number of the persons or office to contact about the
hazardous waste disposal unit or facility during the postclosure care period.
3. Until final closure of the facility, a copy of the approved postclosure plan must be furnished to
the department upon request, including request by mail. After final closure has been certified,
the person or office specified in subdivision c of subsection 2 shall keep the approved
postclosure plan during the remainder of the postclosure period.
4. The owner or operator must submit a written notification of, or request for, a permit
modification to authorize a change in the approved postclosure plan in accordance with the
applicable requirements in chapters 33.1-24-06 and 33.1-24-07. The written notification or
request must include a copy of the amended postclosure plan for review or approval by the
department.
a. The owner or operator may submit a written notification or request to the department for
a permit modification to amend the postclosure plan at any time during the active life of
the facility or during the postclosure care period.

b. The owner or operator must submit a written notification of, or request for, a permit
modification to authorize a change in the approved postclosure plan whenever:
(1) Changes in operating plans or facility design affect the approved postclosure plan;
(2) There is a change in the expected year of final closure, if applicable; or
(3) Events which occur during the active life of the facility, including partial and final
closures, affect the approved postclosure plan.
c. The owner or operator shall submit a written request for a permit modification at least
sixty days prior to the proposed change in facility design or operation, or no later than
sixty days after an unexpected event has occurred which has affected the postclosure
plan. An owner or operator of a surface impoundment or waste pile that intends to
remove all hazardous waste at closure and is not otherwise required to submit a
contingent postclosure plan under paragraph 2 of subdivision a of subsection 3 of section
days after the date that the owner or operator or department determine that the
hazardous waste management unit must be closed as a landfill, subject to the
requirements of section 33.1-24-05-180. The department will approve, disapprove, or
modify this plan in accordance with the procedures in chapters 33.1-24-06 and
33.1-24-07. In accordance with section 33.1-24-06-05, the approved postclosure plan will
become a permit condition.
d. The department may request modifications to the plan under the conditions described in
subdivision b. The owner or operator shall submit the modified plan no later than sixty
days after the department's request, or no later than ninety days if the unit is a surface
impoundment or waste pile not previously required to prepare a contingent postclosure
plan. Any modifications requested by the department will be approved, disapproved, or
modified in accordance with the procedures in chapters 33.1-24-06 and 33.1-24-07.
History: Effective January 1, 2019.
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
### § 33.1-24-05-68. Postclosure notices.

1. No later than sixty days after certification of closure of each hazardous waste disposal unit,
the owner or operator shall submit to the local zoning authority, or the authority with
jurisdiction over local land use, and to the department a record of the type, location, and
quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility.
For hazardous waste disposed of before January 12, 1981, the owner or operator shall
identify the type, location, and quantity of the hazardous wastes to the best of the owner's or
operator's knowledge and in accordance with any records the owner or operator has kept.
2. Within sixty days of certification of closure of the first hazardous waste disposal unit and within
sixty days of certification of closure of the last hazardous waste disposal unit, the owner or
operator shall:
a. Record, in accordance with state law, a notation on the deed to the facility property, or on
some other instrument which is normally examined during title search, that will in
perpetuity notify any potential purchaser of the property that:
(1) The land has been used to manage hazardous waste;

(2) Use of the land is restricted under sections 33.1-24-05-59 through 33.1-24-05-73;
and
(3) The survey plat and record of the type, location, and quantity of hazardous wastes
disposed of within each cell or other hazardous waste disposal unit of the facility
required by section 33.1-24-05-65 and subsection 1 have been filed with the local
zoning authority or the authority with jurisdiction over local land use and with the
department; and
b. Submit a certification, signed by the owner or operator, that the owner or operator has
recorded the notation specified in subdivision a of subsection 2, including a copy of the
document in which the notation has been placed, to the department.
3. If the owner or operator or any subsequent owner or operator of the land upon which a
hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous
waste residues, the liner, if any, or contaminated soils, the owner or operator shall request a
modification to the postclosure permit in accordance with the applicable requirements in
chapters 33.1-24-06 and 33.1-24-07. The owner or operator shall demonstrate that the
removal of the hazardous waste will satisfy the criteria of subsection 3 of section
### § 33.1-24-05-66. By removing hazardous waste, the owner or operator may become a

generator of hazardous waste and shall manage it in accordance with all applicable
requirements of this article. If the owner or operator is granted a permit modification or
otherwise granted approval to conduct such removal activities, the owner or operator may
request that the department approve either:
a. The removal of the notation on the deed to the facility property or other instrument
normally examined during title search; or
b. In addition of a notation to the deed or instrument indicating the removal of the
hazardous waste.
History: Effective January 1, 2019.
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
### § 33.1-24-05-69. Certification of completion of postclosure care.

No later than sixty days after completion of the established postclosure care period for each
hazardous waste disposal unit, the owner or operator shall submit to the department, by registered
mail, a certification that the postclosure care period for the hazardous waste disposal unit was
performed in accordance with the specifications in the approved postclosure plan. The certification
must be signed by the owner or operator and a qualified professional engineer. Documentation
supporting the professional engineer's certification must be furnished to the department upon request
until the department releases the owner or operator from the financial assurance requirements for
postclosure care under subsection 9 of section 33.1-24-05-77.
History: Effective January 1, 2019.
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
### § 33.1-24-05-70. [Reserved].

### § 33.1-24-05-71. [Reserved].

### § 33.1-24-05-72. [Reserved].


### § 33.1-24-05-73. [Reserved].

### § 33.1-24-05-74. Applicability of financial requirements.

1. The requirements of sections 33.1-24-05-76, 33.1-24-05-77, and 33.1-24-05-79 through
provided otherwise in this section or in section 33.1-24-05-01.
2. The requirements of sections 33.1-24-05-76 and 33.1-24-05-77 apply only to owners and
operators of:
a. Disposal facilities;
b. Piles, and surface impoundments from which the owner or operator intends to remove
the wastes at closure, to the extent that these sections are made applicable to such
facilities in sections 33.1-24-05-122 and 33.1-24-05-135;
c. Tank systems that are required under section 33.1-24-05-110 to meet the requirements
for landfills; and
d. Containment buildings that are required under section 33.1-24-05-477 to meet the
requirements for landfills.
3. Federal agencies and agencies of the government of the state of North Dakota are exempt
from the financial requirements.
History: Effective January 1, 2019.
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
### § 33.1-24-05-75. Definitions of terms used in sections 33.

1-24-05-74 through 33.1-24-05-88.
1. "Closure plan" means the plan for closure prepared in accordance with the requirements of
section 33.1-24-05-61.
2. "Current closure cost estimate" means the most recent of the closure cost estimates prepared
in accordance with subsections 1, 2, and 3 of section 33.1-24-05-76.
3. "Current postclosure cost estimate" means the most recent of the postclosure cost estimates
prepared in accordance with subsections 1, 2, and 3 of section 33.1-24-05-76.
4. "Parent corporation" means a corporation which directly owns at least fifty percent of the
voting stock of the corporation which is the facility owner or operator; the latter corporation is
deemed a "subsidiary" of the parent corporation.
5. "Postclosure plan" means the plan for postclosure care prepared in accordance with the
requirements of sections 33.1-24-05-66 through 33.1-24-05-69.
6. The following terms are used in the specifications for the financial tests for closure,
postclosure care, and liability coverage. The definitions are intended to assist in the
understanding of these sections and are not intended to limit the meanings of terms in a way
that conflicts with generally accepted accounting practices.
"Assets" means all existing and all probable future economic benefits obtained or controlled by
a particular entity.

"Current assets" means cash or other assets or resources commonly identified as those which
are reasonably expected to be realized in cash or sold or consumed during the normal
operating cycle of the business.
"Current liability" means obligations whose liquidation is reasonably expected to require the
use of existing resources properly classifiable as current assets or the creation of other
current liabilities.
"Current plugging and abandonment cost estimate" means the most recent of the estimates
prepared in accordance with 40 CFR part 144.62(a), (b), and (c).
"Independently audited" refers to an audit performed by an independent certified public
accountant in accordance with generally accepted auditing standards.
"Liabilities" means probable future sacrifices of economic benefits arising from present
obligations to transfer assets or provide services to other entities in the future as a result of
past transactions or events.
"Net working capital" means current assets minus current liabilities.
"Net worth" means total assets minus total liabilities and is equivalent to owners equity.
"Tangible net worth" means the tangible assets that remain after deducting liabilities, such
assets would not include intangibles such as goodwill and rights to patents or royalties.
7. In the liability insurance requirements, the terms "bodily injury" and "property damage" have
the meanings given these terms by applicable state law. However, these terms do not include
those liabilities which, consistent with standard industry practices, are excluded from coverage
and liability policies for bodily injury and property damage. The department intends the
meanings of other terms used in the liability insurance requirements to be consistent with their
common meanings within the insurance industry. The definitions given below of several of the
terms are intended to assist in the understanding of these regulations and are not intended to
limit their meanings in any way that conflicts with general insurance industry usage.
"Accidental occurrence" means an accident, including continuous or repeated exposure to
conditions, which results in bodily injury or property damage, neither expected nor intended
from the standpoint of the insured.
"Legal defense costs" means any expenses that an insurer incurs in defending against claims
of third parties brought under the terms and conditions of an insurance policy.
"Nonsudden accidental occurrence" means an occurrence which takes place over time and
involves continuous or repeated exposure.
"Sudden accidental occurrence" means an occurrence which is not continuous or repeated in
nature.
8. "Substantial business relationship" means the extent of a business relationship necessary
under applicable state law to make a guarantee contract issued incident to that relationship
valid and enforceable. A "substantial business relationship" must arise from a pattern of recent
or ongoing business transactions, in addition to the guarantee itself, such that a currently
existing business relationship between the guarantor and the owner or operator is
demonstrated to the satisfaction of the department.
History: Effective January 1, 2019.
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

### § 33.1-24-05-76. Cost estimates for closure and postclosure care.

1. The cost estimates for closure.
a. The owner or operator must have a detailed written estimate, in current dollars, of the
cost of closing the facility in accordance with the requirements in sections 33.1-24-05-60
through 33.1-24-05-64 and applicable closure requirements in sections 33.1-24-05-97,
33.1-24-05-110, 33.1-24-05-122, 33.1-24-05-135, 33.1-24-05-151, 33.1-24-05-167,
33.1-24-05-180, sections 33.1-24-05-301 through 33.1-24-05-303, and section
33.1-24-05-477.
(1) The estimate must equal the cost of final closure at the point in the facility's active
life when the extent and manner of its operation would make closure the most
expensive, as indicated by its closure plan (see subsection 2 of section
33.1-24-05-61).
(2) The closure cost estimate must be based on the costs to the owner or operator of
hiring a third party to close the facility. 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 if the owner or operator can demonstrate that onsite disposal
capacity will exist at all times over the life of the facility.
(3) The closure cost estimate may not incorporate any salvage value that may be
realized with the sale of hazardous wastes, facility structures or equipment, land, or
other assets associated with the facility at the time of partial or final closure.
(4) The owner or operator may not incorporate a zero cost for hazardous wastes that
might have economic value.
b. During the active life of the facility, the owner or operator shall adjust the closure cost
estimate for inflation within sixty days prior to the anniversary date of the establishment
of the financial instruments used to comply with section 33.1-24-05-77. For owners and
operators using the financial test or corporate guarantee, the closure cost estimate must
be updated for inflation within thirty days after the close of the firm's fiscal year and
before submission of updated information to the department as specified in subdivision c
of subsection 6 of section 33.1-24-05-77. The adjustment may be made by recalculating
the maximum costs of closure in current dollars, or by using an inflation factor derived
from the most recent implicit price deflator for gross national product published by the
United States department of commerce in its survey of current business as specified in
paragraphs 1 and 2. The inflation factor is the result of dividing the latest published
annual deflator by the deflator for the previous year.
(1) The first adjustment is made by multiplying the closure cost estimates by the
inflation factor. The result is the adjusted closure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted closure cost
estimates by the latest inflation factor.
c. During the active life of the facility, the owner or operator shall revise the closure cost
estimate no later than thirty days after the department has approved the request to
modify the closure plan, if the change in the closure plan increases the cost of closure.
The revised closure cost estimate must be adjusted for inflation as specified in
subdivision b.
d. The owner or operator shall keep the following at the facility during the operating life of
the facility: the latest closure cost estimate prepared in accordance with subdivisions a

and c and, when this estimate has been adjusted in accordance with subdivision b, the
latest adjusted closure cost estimate.
2. Cost estimate for postclosure care.
a. The owner or operator of a disposal surface impoundment, disposal miscellaneous unit,
land treatment, or landfill unit, or a surface impoundment or waste pile required under
sections 33.1-24-05-122 and 33.1-24-05-135 to prepare a contingent closure and
postclosure plan, shall have a detailed written estimate in current dollars, of the annual
cost of postclosure monitoring and maintenance of the facility in accordance with the
applicable postclosure rules in sections 33.1-24-05-66 through 33.1-24-05-69, sections
33.1-24-05-122, 33.1-24-05-135, 33.1-24-05-167, 33.1-24-05-180, and 33.1-24-05-303.
(1) The postclosure cost estimate must be based on the cost to the owner or operator
of hiring a third party to conduct postclosure care activities. A third party is a party
who is neither a parent or subsidiary of the owner or operator. (See definition of
parent corporation in subsection 4 of section 33.1-24-05-75.)
(2) The postclosure cost estimate is calculated by multiplying the annual postclosure
cost estimate by the number of years of postclosure care required under section
33.1-24-05-66.
b. During the active life of the facility, the owner or operator shall address the postclosure
cost estimate for inflation within sixty days prior to the anniversary date of the
establishment of the financial instruments used to comply with section 33.1-24-05-77. For
owners or operators using the financial test or corporate guarantee, the postclosure cost
estimate must be updated for inflation within thirty days after the close of the firm's fiscal
year and before the submission of updated information to the department as specified in
subdivision e of subsection 6 of section 33.1-24-05-77. The adjustment may be made by
recalculating the postclosure cost estimate in current dollars or by using an inflation
factor derived from the most recent implicit price deflator for gross national product
published by the United States department of commerce in a survey of current business
as specified in paragraphs 1 and 2. The inflation factor is the result of dividing the latest
annual published deflator by the deflator for the previous year.
(1) The first adjustment is made by multiplying the postclosure cost estimate by the
inflation factor. The result is the adjusted postclosure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted postclosure
cost estimate by the latest inflation factor.
c. During the active life of the facility, the owner or operator shall revise the postclosure cost
estimate within thirty days after the department has approved a request to modify the
postclosure plan, if the change in the postclosure plan increases the cost of postclosure
care. The revised postclosure cost estimate must be adjusted for inflation as specified in
subdivision b.
d. The owner or operator shall keep the following at the facility during the operating life of
the facility: the latest postclosure cost estimate prepared in accordance with subdivisions
a and c and, when this estimate has been adjusted in accordance with subdivision b, the
latest adjusted postclosure cost estimate.
History: Effective January 1, 2019.
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

### § 33.1-24-05-77. Financial assurance for closure and postclosure care.

In accordance with section 33.1-24-05-74, an owner or operator of each facility shall establish
financial assurance for closure and postclosure of the facility. The owner or operator of a hazardous
waste management unit subject to the postclosure requirements of section 33.1-24-05-76 shall
establish financial assurance for postclosure care in accordance with the approved postclosure plan for
the facility sixty days prior to the initial receipt of hazardous waste or the effective date of the
regulations, whichever is later. The owner or operator shall choose from the options as specified in
subsections 1 through 6.
1. Closure and postclosure trust fund.
a. An owner or operator may satisfy the requirements of this section by establishing a
closure and postclosure trust fund which conforms to the requirements of this subsection
and submitting an originally signed duplicate of the trust agreement to the department.
An owner or operator of the new facility shall submit the originally signed duplicate of the
trust agreement to the department at least sixty days before the day on which hazardous
waste is first received for treatment, storage, or disposal. The trustee must be an entity
which has the authority to act as a trustee in this state and whose trust operations are
regulated and examined by a federal agency or by the state department of financial
institutions.
b. The wording of the trust agreement must be identical to the wording specified in
subdivision a of subsection 1 of section 33.1-24-05-81 and the trust agreement must be
accompanied by a formal certification of acknowledgment (for example see subdivision b
of subsection 1 of section 33.1-24-05-81). Schedule A of the trust agreement must be
updated within sixty days after a change in the amount of the current closure and
postclosure cost estimate covered by the agreement.
c. Payments into the trust fund must be made annually by the owner or operator over the
term of the initial hazardous waste permit or over the remaining operating life of the
facility as estimated in the closure plan, whichever period is shorter; this period is
hereinafter referred to as the "pay-in period". The payments into the trust fund must be
made as follows:
(1) For a new facility the first payment must be made before the initial receipt of
hazardous waste for treatment, storage, or disposal. A receipt from the trustee for
this payment must be submitted by the owner or operator to the department before
the initial receipt of hazardous waste. The first payment must be at least equal to
the current closure and postclosure cost estimate, except as provided in subsection
7, divided by the number of years in the pay-in period. Subsequent payments must
be made no later than thirty days after each anniversary date of the first payment.
The amount of each subsequent payment must be determined by this formula:
Where CE is the current closure and postclosure cost estimate, CV is the current
value of the trust fund, and Y is the number of years remaining in the pay-in period.
(2) If an owner or operator establishes a trust fund as specified in 40 CFR part
265.143(a) or 265.145(a) of the federal hazardous waste regulations and the value
of that trust fund is less than the current closure and postclosure cost estimate when
a permit is awarded to the facility, the amount of the current closure and postclosure

cost estimate still to be paid into the trust fund must be paid in over the pay-in
period as defined in subdivision c. Payments must continue to be made no later
than thirty days after each anniversary date of the first payment made pursuant to
40 CFR part 265. The amount of each payment must be determined by this formula:
Where CE is the current closure and postclosure cost estimate, CV is the current
value of the trust fund, and Y is the number of years remaining in the pay-in period.
d. The owner or operator may accelerate payments into the trust fund or the owner or
operator may deposit the full amount of the current closure and postclosure cost estimate
at the time the fund is established. However, the owner or operator shall maintain the
value of the fund at no less than the value that the fund would have if annual payments
were made as specified in subdivision c.
e. If the owner or operator establishes a closure and postclosure trust fund after having
used one or more alternate mechanisms specified in this section (or in 40 CFR part
265.143 or 265.145), the first payment must be in at least the amount that the fund would
contain if the trust fund were established initially and annual payments were made
according to the specifications of subdivision c.
f. After the pay-in period is completed, when the current closure and postclosure cost
estimate changes, the owner or operator shall compare the new estimate with the
trustee's most recent annual valuation of the trust fund. If the value of the fund is less
than the amount of the new estimate, the owner or operator within sixty days after the
change in the cost estimate shall either deposit an amount into the fund so that its value
after the deposit at least equals the amount of the current closure and postclosure cost
estimate or obtain other financial assurance as specified in this section to cover the
difference.
g. If the value of the trust fund is greater than the total amount of the current closure and
postclosure cost estimate, the owner or operator may submit a written request to the
department for release of the amount in excess of the current closure and postclosure
cost estimate.
h. If an owner or operator substitutes other financial assurance as specified in this section
for all or part of the trust fund, the owner or operator may submit a written request to the
department for release of the amount in excess of the current closure and postclosure
cost estimate covered by the trust fund.
i. Within sixty days after receiving a request from the owner or operator for release of funds
as specified in subdivision g or h, the department will instruct the trustee to release to the
owner or operator such funds as the department specifies in writing.
j. During the period of postclosure care, the department may approve a release of funds if
the owner or operator demonstrates to the department that the value of the trust fund
exceeds the remaining cost of the postclosure care.
k. After beginning partial or final closure or during the postclosure care period, or both, an
owner or operator or any other person authorized to perform partial or final closure or
postclosure activities may request reimbursement for expenditures incurred during these
activities by submitting itemized bills to the department. The owner or operator may
request reimbursements for partial closure only if sufficient funds are remaining in the

trust fund to cover the maximum cost of closing the facility over its remaining operating
life. Within sixty days after receiving bills for partial or final closure or postclosure
activities, the department will determine whether the expenditures are in accordance with
the closure or postclosure plans or otherwise justified and if so, the department will
instruct the trustee to make reimbursement in such amounts as the department specifies
in writing. If the department has reason to believe that the cost of closure will be
significantly greater than the value of the trust fund, the department may withhold
reimbursement of such amounts as the department deems prudent until the department
determines in accordance with subsection 9 that the owner or operator is no longer
required to maintain financial assurance for final closure. If the department does not
instruct the trustee to make such reimbursements, the department will provide the owner
or operator with a detailed written statement of reasons.
l. The department will agree to termination of the trust when:
(1) An owner or operator substitutes alternate financial assurance as specified in this
section; or
(2) The department releases the owner or operator from the requirements of this
subsection in accordance with subsection 9.
2. Surety bond guaranteeing payment into a closure and postclosure trust fund.
a. An owner or operator may satisfy the requirements of this section by obtaining a surety
bond which conforms to the requirements of this subsection and submitting the bond to
the department. An owner or operator of a new facility must submit the bond to the
department at least sixty days before the date on which hazardous waste is first received
for treatment, storage, or disposal. The bond must be effective before this initial receipt of
hazardous waste. The surety company issuing the bond must, at a minimum, be among
those listed as acceptable sureties on federal bonds in Circular 570 of the United States
department of treasury and be authorized to do business within this state. If the surety is
using reinsurance, a treasury reinsurance form must be submitted with the bond or within
forty-five days thereafter. If cosureties are being used, the original bond must reflect that
fact.
b. The wording of the surety bond must be identical to the wording specified in subsection 2
of section 33.1-24-05-81.
c. The owner or operator who uses a surety bond to satisfy the requirements of this section
shall also establish a standby trust fund. Under the terms of the bond, all payments made
thereunder will be deposited by the surety directly into the standby trust fund in
accordance with instructions from the department. This standby trust fund must meet the
requirements specified in subsection 1 except that:
(1) An originally signed duplicate of the trust agreement must be submitted to the
department with the surety bond; and
(2) Until the standby trust fund is funded pursuant to the requirements of this
subsection, the following are not required by this chapter:
(a) Payments into the trust fund as specified in subsection 1.
(b) Updating of schedule A of the trust agreement to show current closure and
postclosure cost estimates.
(c) Annual evaluations as required by the trust agreement.

(d) Notices of nonpayment as required by the trust agreement.
d. The bond must guarantee that the owner or operator will:
(1) Fund the standby trust fund in an amount equal to the penal sum of the bond before
the beginning of final closure of the facility;
(2) Fund the standby trust fund in an amount equal to the penal sum within fifteen days
after an order to begin final closure is issued by the department or a United States
district court or other court of competent jurisdiction; or
(3) Provide alternate financial assurance as specified in this section and obtain the
department's written approval of the assurance provided within ninety days after
receipt by both the owner or operator of a notice of cancellation of the bond from the
surety.
e. Under the terms of the bond, the surety will become liable on the bond obligation when
the owner or operator fails to perform as guaranteed by the bond.
f. The penal sum of the bond must be in an amount at least equal to the current closure
and postclosure cost estimate, except as provided in subsection 7.
g. Whenever the current closure and postclosure cost estimate increases to an amount
greater than the penal sum, the owner or operator within sixty days after the increase
must either cause the penal sum to be increased to an amount at least equal to the
current closure and postclosure cost estimate and submit evidence of such increase to
the department or obtain other financial assurance as specified in this section to cover
the increase. Whenever the current closure and postclosure cost estimate decreases, the
penal sum may be reduced to the amount of the current closure and postclosure cost
estimate following written approval by the department.
h. Under the terms of the bond, the surety may cancel the bond by sending notice of
cancellation by certified mail to the owner or operator and to the department.
Cancellation may not occur; however, during the one hundred twenty days beginning on
the date of receipt of cancellation by both the owner or operator and the department as
evidenced by the return receipts.
i. The owner or operator may cancel the bond if the department has given prior written
consent based on the department's receipt of evidence of alternate financial assurance
as specified in this section.
3. Surety bond guaranteeing performance of closure and postclosure care.
a. An owner or operator may satisfy the requirements of this section by obtaining a surety
bond which conforms to the requirements of this subsection and submitting the bond to
the department. An owner or operator of a new facility shall submit the bond to the
department at least sixty days before the date on which hazardous waste is first received
for treatment, storage, or disposal. The bond must be effective before this initial receipt of
hazardous waste. The surety company issuing the bond must, at a minimum, be among
those acceptable sureties on federal bonds in Circular 570 of the United States
department of treasury and be authorized to do business within the state of North
Dakota. If the surety is using reinsurance a treasury reinsurance form must be submitted
with the bond or within forty-five days thereafter. If cosureties are being used, the original
bond must reflect that fact.
b. The wording of the surety bond must be identical to the wording specified in subsection 3
of section 33.1-24-05-81.

c. The owner or operator who uses a surety bond to satisfy the requirements of this section
shall also establish a standby trust fund. Under the terms of the bond, all payments made
thereunder will be deposited by the surety directly into the standby trust fund in
accordance with instructions from the department. This standby trust fund must meet the
requirements specified in subsection 1, except that:
(1) An originally signed duplicate of the trust agreement must be submitted to the
department with the surety bond; and
(2) Until the standby trust fund is funded pursuant to the requirements of this
subsection, the following are not required by this chapter:
(a) Payments into the trust fund as specified in subsection 1.
(b) Updating of schedule A of the trust agreement to show current closure and
postclosure cost estimates.
(c) Annual valuations as required by the trust agreement.
(d) Notices of nonpayment as required by the trust agreement.
d. The bond must guarantee that the owner or operator will:
(1) Perform postclosure care and final closure in accordance with the postclosure and
closure plan and other requirements of the permit for the facility when required to do
so; or
(2) Provide alternate financial assurance as specified in this section and obtain the
department's written approval of the assurance provided within ninety days after
receipt by both the owner or operator and the department of a notice of cancellation
of the bond from the surety.
e. Under the terms of the bond, the surety will become liable on the bond obligation when
the owner or operator fails to perform as guaranteed by the bond. Following a
determination by the department that the owner or operator has failed to perform
postclosure care or final closure in accordance with the closure or postclosure plan and
other permit requirements when required to do so, under the terms of the bond the surety
will perform the postclosure care or final closure as guaranteed by the bond or will
deposit the amount of the penal sum into the standby trust fund.
f. The penal sum of the bond must be in an amount at least equal to the current closure or
postclosure cost estimate, or both.
g. Whenever the current closure or postclosure cost estimate, or both, increases to an
amount greater than the penal sum, the owner or operator within sixty days after the
increase must either cause the penal sum to be increased to an amount at least equal to
the current closure or postclosure cost estimate, or both, and submit evidence of such
increase to the department or obtain other financial assurance as specified in this
section. Whenever the current closure or postclosure cost estimate, or both, decreases
the penal sum may be reduced to the amount of the current closure or postclosure cost
estimate, or both, following written approval by the department.
h. During the period of postclosure care, the department may approve a decrease in the
penal sum if the owner or operator demonstrates to the department that the amount
exceeds the remaining cost of postclosure care.

i. Under the terms of the bond, the surety may cancel the bond by sending notice of
cancellation by certified mail to the owner or operator and to the department.
Cancellation may not occur; however, during the one hundred twenty days beginning on
the date of receipt of this notice of cancellation by both the owner or operator and the
department as evidenced by the return receipts.
j. The owner or operator may cancel the bond if the department has given prior written
consent. The department will provide such written consent when:
(1) An owner or operator substitutes alternate financial assurance as specified in this
section; or
(2) The department releases the owner or operator from the requirements of this
subsection in accordance with subsection 9.
k. The surety will not be liable for deficiencies in the performance of closure or postclosure
care by the owner or operator after the department releases the owner or operator from
the requirements of this subsection in accordance with subsection 9.
4. Closure and postclosure letter of credit.
a. An owner or operator may satisfy the requirements of this section by obtaining an
irrevocable standby letter of credit which conforms to the requirements of this subsection
and submitting the letter to the department. An owner or operator of a new facility must
submit the letter of credit to the department at least sixty days before the date on which
hazardous waste is first received for disposal. The letter of credit must be effective before
this initial receipt of hazardous waste. The issuing institution must be an entity which has
the authority to issue letters of credit in this state and whose letters of credit operations
are regulated and examined by a federal agency or by the state department of financial
institutions.
b. The wording of the letter of credit must be identical to the wording specified in subsection
4 of section 33.1-24-05-81.
c. An owner or operator who uses a letter of credit to satisfy the requirements of this section
shall also establish a standby trust fund. Under the terms of the letter of credit, all
amounts paid pursuant to a draft by the department will be deposited by the issuing
institution directly into the standby trust fund in accordance with instructions from the
department. This standby trust fund must meet the requirements of the trust fund
specified in subsection 1, except that:
(1) An originally signed duplicate of the trust agreement must be submitted to the
department with the letter of credit.
(2) Unless the standby trust fund is funded pursuant to the requirements of this
subsection the following are not required by this chapter:
(a) Payments into the trust fund as specified in subsection 1.
(b) Updating of schedule A of the trust agreement to show current or postclosure,
or both, cost estimates.
(c) Annual valuations as required by the trust agreement; and
(d) Notices of nonpayment as required by the trust agreement.

d. The letter of credit must be accompanied by a letter from the owner or operator referring
to the letter of credit by number, issuing institution and date and providing the following
information: the identification number, name, and address of the facility and the amount
of funds assured for closure and postclosure care of the facility by the letter of credit.
e. The letter of credit must be irrevocable and issued for a period of at least one year. The
letter of credit must provide that the expiration date will be automatically extended for a
period of at least one year unless at least one hundred twenty days before the current
expiration date, the issuing institution notifies both the owner or operator and the
department by certified mail of a decision not to extend the expiration date. Under the
terms of the letter of credit, the one hundred twenty days will begin on the date when
both the owner or operator and the department have received notice as evidenced by the
return receipts.
f. The letter of credit must be issued in an amount at least equal to the current closure or
postclosure, or both, cost estimate, except as provided in subsection 7.
g. Whenever the current closure or postclosure, or both, cost estimate increases to an
amount greater than the amount of the letter of credit during the operating life of the
facility, the owner or operator within sixty days after the increase shall either cause the
amount of the letter of credit to be increased so that it at least equals the current closure
or postclosure, or both, cost estimate, and submit evidence of such increase to the
department, or obtain other financial assurance as specified in this section to cover the
increase. Whenever the current closure or postclosure, or both, cost estimate decreases,
the amount of the credit may be reduced to the amount of the current estimate following
written approval by the department.
h. During the period of postclosure care, the department may approve a decrease in the
amount of the letter of credit if the owner or operator demonstrates to the department that
the amount exceeds the remaining cost of postclosure care.
i. Following a determination by the department that the owner or operator has failed to
perform closure or postclosure care in accordance with the closure or postclosure plan or
other permit requirements, the department may draw on the letter of credit.
j. If the owner or operator does not establish alternate financial assurance as specified in
this section and obtain written approval of such alternate assurance from the department
within ninety days after receipt by both the owner or operator and the department of a
notice from the issuing institution that the issuing institution has decided not to extend the
letter of credit beyond the current expiration date, the department will draw on the letter
of credit. The department may delay the drawing if the issuing institution grants an
extension of the term of the credit. During the last thirty days of any such extension, the
department will draw on the letter of credit if the owner or operator has failed to provide
alternate financial assurance as specified in this section and obtain written approval of
such assurance from the department.
k. The department will return the letter of credit to the issuing institution when:
(1) An owner or operator substitutes alternate financial assurance as specified in this
section; or
(2) The department releases the owner or operator from requirements of this
subsection in accordance with subsection 9.
5. Closure and postclosure insurance.

a. An owner or operator may satisfy the requirements of this section by obtaining closure
and postclosure insurance which conforms to the requirements of this subsection and
submitting a certificate of such insurance to the department. An owner or operator of a
new facility must submit the certificate of insurance to the department at least sixty days
before the date on which hazardous waste is first received for treatment, storage, or
disposal. The insurance must be effective before this initial receipt of hazardous waste.
At a minimum, the insurer must be licensed to transact the business of insurance in this
state or eligible to provide insurance as an excess or surplus lines insurer in one or more
states.
b. The wording of the certificate of insurance must be identical to the wording specified in
subsection 5 of section 33.1-24-05-81.
c. The closure and postclosure insurance policy must be issued for a face amount of at
least equal to the current closure or postclosure, or both, cost estimate, except as
provided in subsection 7. The term "face amount" means the total amount the insurer is
obligated to pay under the policy. Actual payments by the insurer will not change the face
amount, although the insurer's future liability will be lowered by the amount of the
payments.
d. The closure and postclosure insurance policy must guarantee that funds will be available
to close the facility or perform postclosure final care, or both, when final closure or the
postclosure period begins. The policy must also guarantee that once final closure or
postclosure begins the insurer will be responsible for paying out funds up to an amount
equal to the face amount of the policy upon the direction of the department to such party
or parties as the department specifies.
e. After beginning partial or final closure or during the postclosure period, or both, an owner
or operator or any other person authorized to perform closure or postclosure may request
reimbursement for closure or postclosure expenditures by submitting itemized bills to the
department. The owner or operator may request reimbursement for partial closure only if
the remaining value of the policy is sufficient to cover the maximum cost of closing the
facility over its remaining operating life. Within sixty days after receiving bills for closure
or postclosure activities, the department will determine whether the expenditures are in
accordance with the partial or final closure or postclosure plan or otherwise justified and
if so, the department will instruct the insurer to make reimbursement in such amounts as
the department specifies in writing. If the department has reason to believe that the
maximum cost of closure over the remaining life of the facility will be significantly greater
than the face amount of the policy, the department may withhold reimbursement of such
amounts as the department deems prudent until the department determines, in
accordance with subsection 9, that the owner or operator is no longer required to
maintain financial assurance for final closure of the facility. If the department does not
instruct the insurer to make such reimbursement, the department will provide the owner
or operator with a detailed written statement of reasons.
f. The owner or operator shall maintain the policy in full force and effect until the
department consents to termination of the policy by the owner or operator as specified in
subdivision k. Failure to pay the premium without substitution of alternate financial
assurance, as specified in this section, will constitute a significant violation of this chapter
warranting such remedy as the department deems necessary. Such violation will be
deemed to begin upon receipt by the department of a notice of future cancellation,
termination, or failure to renew due to nonpayment of the premium, rather than upon the
date of expiration.

g. Each policy must contain a provision allowing assignment of the policy to a successor,
owner, or operator. Such assignment may be conditional upon consent of the insurer,
provided such consent is not unreasonably refused.
h. The policy must provide that the insurer may not cancel, terminate, or fail to renew the
policy, except for failure to pay the premium. The automatic renewal of the policy must, at
a minimum, provide the insured with the option of renewal at the face amount of the
expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel,
terminate, or fail to renew the policy by sending notice by certified mail to the owner or
operator and the department. Cancellation, termination, or failure to renew may not
occur; however, during the one hundred twenty days beginning with the date of receipt of
a notice by the department and the owner or operator as evidenced by the return
receipts. Cancellation, termination, or failure to renew may not occur and the policy will
remain in full force and effect in the event that on or before the date of expiration:
(1) The department deems the facility abandoned;
(2) The permit is terminated or revoked or a new permit is denied;
(3) Closure is ordered by the department or a state court or other court of competent
jurisdiction;
(4) The owner or operator is named as debtor in a voluntary or involuntary proceeding
under United States Code title 11 (bankruptcy); or
(5) The premium due is paid.
i. Whenever the current closure or postclosure, or both, cost estimate increases to an
amount greater than the face amount of the policy, the owner or operator within sixty
days after the increase must either cause the face amount to be increased to an amount
at least equal to the current closure or postclosure, or both, cost estimate and submit
evidence of such increase to the department, or obtain other financial assurance as
specified in this section to cover the increase. Whenever the current closure or
postclosure, or both, cost estimate decreases, the face amount may be reduced to the
amount of the current closure or postclosure, or both, cost estimate following a written
approval by the department.
j. For postclosure insurance only, commencing on the date that liability to make payments
pursuant to a postclosure policy accrues, the insurer will thereafter annually increase the
face amount of the policy. Such increase must be equivalent to the face amount of the
policy less any payments made, multiplied by an amount equivalent to eighty-five percent
of the most recent investment rate or of the equivalent coupon-issue yield announced by
the United States treasury for twenty-six-week treasury securities.
k. The department will give written consent to the owner or operator that the owner or
operator may terminate the insurance policy when:
(1) An owner or operator substitutes alternate financial assurance as specified in this
section; or
(2) The department releases the owner or operator from the requirements of this
subsection in accordance with subsection 9.
6. Financial test and corporate guarantee for closure and postclosure care.

a. An owner or operator may satisfy the requirements of this section by demonstrating that
the owner or operator passes a financial test as specified in this subsection. To pass this
test, the owner or operator must meet the criteria of either paragraph 1 or 2.
(1) The owner or operator must have:
(a) Two of the following three ratios: a ratio of total liabilities to net worth less than
two; a ratio of the sum of net income plus depreciation, depletion, and
amortization to total liabilities greater than one-tenth; and a ratio of current
assets to current liabilities greater than one and five-tenths;
(b) Net working capital and tangible net worth each at least six times the sum of
the current closure and postclosure cost estimates and the current plugging
and abandonment cost estimate;
(c) Tangible net worth of at least ten million dollars; and
(d) Assets in the United States amounting to at least ninety percent of the owner's
or operator's total assets or at least six times the sum of the current closure
and postclosure cost estimates, and the current plugging and abandonment
cost estimates.
(2) The owner or operator must have:
(a) A current rating for the owner's or operator's most recent bond issuance of
AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as
issued by Moody's;
(b) Tangible net worth at least six times the sum of the current closure and
postclosure cost estimates and the current plugging and abandonment cost
estimates;
(c) Tangible net worth of at least ten million dollars; and
(d) Assets located in the United States amounting to at least ninety percent of the
owner's or operator's total assets or at least six times the sum of the current
closure and postclosure cost estimates and the current plugging and
abandonment cost estimates.
b. The phrase "current closure and postclosure cost estimates" as used in subdivision a
refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter
from the owner's or operator's chief financial officer (subsection 6 of section
33.1-24-05-81). The phrase "current plugging and abandonment cost estimates" as used
in subdivision a refers to the cost estimates required to be shown in paragraphs 1
through 3 of the letter from the owner's or operator's chief financial officer (40 CFR part
144.70(f)).
c. To demonstrate that the owner or operator meets the financial test, the owner or operator
must submit the following items to the department:
(1) A letter signed by the owner's or operator's chief financial officer and worded as
specified in subsection 6 of section 33.1-24-05-81;
(2) A copy of the independent certified public accountant's report on examination of the
owner's or operator's financial statements for the latest completed fiscal year; and

(3) A special report from the owner's or operator's independent certified public
accountant to the owner or operator stating that:
(a) The accountant has compared the data which the letter from the chief financial
officer specifies as having been derived from the independently audited,
year-end financial statements for the latest fiscal year with the amounts in such
financial statements; and
(b) In connection with that procedure, no matters came to the accountant's
attention which caused the accountant to believe that the specified data should
be adjusted.
d. An owner or operator of a new facility must submit the items specified in subdivision c to
the department at least sixty days before the date on which hazardous waste is first
received for treatment, storage, or disposal.
e. After the initial submission of items specified in subdivision c, the owner or operator must
send updated information to the department within ninety days after the close of each
succeeding fiscal year. This information must consist of all three items specified in
subdivision c.
f. If the owner or operator no longer meets the requirements of subdivision a, the owner or
operator must send notice to the department of intent to establish alternate financial
assurance as specified in this section. The notice must be sent by certified mail within
ninety days after the end of the fiscal year for which the year-end financial data show that
the owner or operator no longer meets the requirements. The owner or operator must
provide the alternate financial assurance within one hundred twenty days after the end of
each fiscal year.
g. The department may, based on a reasonable belief that the owner or operator may no
longer meet the requirements of subdivision a, require reports of financial condition at
any time from the owner or operator in addition to those specified in subdivision c. If the
department finds, on the basis of such reports or other information, that the owner or
operator no longer meets the requirements of subdivision a, the owner or operator must
provide alternate financial assurance specified in this section within thirty days after
notification of such a finding.
h. The department may disallow use of this test on the basis of qualification in the opinion
expressed by the independent certified public accountant in the accountant's report on
examination of the owner's or operator's statements (see paragraph 2 of subdivision c).
An adverse opinion or a disclaimer of opinion will be cause for disallowance. The
department will evaluate other qualifications on an individual basis. The owner or
operator must provide alternate financial assurance as specified in this section within
thirty days after notification of the disallowance.
i. The owner or operator is no longer required to submit the items specified in subdivision c
when:
(1) An owner or operator substitutes alternate financial assurance as specified in this
section; or
(2) The department releases the owner or operator from the requirements of this
subsection in accordance with subsection 9.
j. An owner or operator may meet the requirements of this section by obtaining a written
guarantee. The guarantor must be the direct or higher-tier parent corporation of the
owner or operator, a firm whose parent corporation is also the parent corporation of the

owner or operator, or a firm with a "substantial business relationship" with the owner or
operator. The guarantor must meet the requirements for owners or operators in
subdivisions a through h and must comply with the terms of the guarantee. The wording
of the guarantee must be identical to the wording specified in subdivision a of
subsection 8 of section 33.1-24-05-81. The certified copy of the guarantee must
accompany the items sent to the department as specified in subdivision c. One of these
items must be the letter from the guarantor's chief financial officer. If the guarantor's
parent corporation is also the parent corporation of the owner or operator, the letter must
describe the value received in consideration of the guarantee. If the guarantor is a firm
with a "substantial business relationship" with the owner or operator, this letter must
describe this "substantial business relationship" and the value received in consideration
of the guarantee. The terms of the guarantee must provide that:
(1) If the owner or operator fails to perform final closure or postclosure, or both, of a
facility covered by the corporate guarantee in accordance with the closure or
postclosure, or both, plan and other permit requirements when required to do so,
the guarantor will do so or establish a trust fund as specified in subsection 1 in the
name of the owner or operator.
(2) The corporate guarantee will remain in force unless the guarantor sends notice of
cancellation by certified mail to the owner or operator and to the department.
Cancellation may not occur; however, during the one hundred twenty days
beginning on the date of receipt of the notice of cancellation by both the owner or
operator and the department, as evidenced by the return receipts.
(3) If the owner or operator fails to provide alternate financial assurance as specified in
this section and fails to obtain the written approval of such alternate assurance from
the department within ninety days after receipt by both the owner or operator and
the department of a notice of cancellation of the corporate guarantee from the
guarantor, the guarantor will provide such alternate financial assurance in the name
of the owner or operator.
k. Companies not required to submit an audited financial statement to the United States
securities and exchange commission must have an auditor's opinion prepared by an
auditor licensed in this state.
7. The use of multiple financial mechanisms. An owner or operator may satisfy the
requirements of this section by establishing more than one financial mechanism per facility.
These mechanisms are limited to trust funds, surety bonds guaranteeing payment into a trust
fund, letters of credit, and insurance. The mechanisms must be as specified in this section,
except that it is the combination of mechanisms, rather than the single mechanism which must
provide financial assurance for an amount at least equal to the current closure or postclosure,
or both, cost estimate. If an owner or operator uses a trust fund in combination with a surety
bond or a letter of credit, the owner or operator may use the trust fund as the standby trust
fund for the other mechanisms. A single standby trust fund may be established for two or more
mechanisms. The department may use any or all of the mechanisms to provide for closure or
postclosure, or both, care of the facility.
8. Use of a financial mechanism for multiple facilities. An owner or operator may use a
financial assurance mechanism specified in this section to meet the requirements of this
section for more than one facility. Evidence of financial assurance submitted to the department
must include a list showing for each facility the identification number, name, address, and the
amount of funds for closure or postclosure, or both, care assured by the mechanism. The
amount of funds available through the mechanism must be no less than the sum of funds that
would be available if a separate mechanism had been established and maintained for each

facility. In directing funds available through the mechanism for closure or postclosure care of
any of the facilities covered by the mechanism, the department may direct only the amount of
funds designated for that facility unless the owner or operator agrees to the use of additional
funds available under the mechanism.
9. Release of the owner or operator from the requirements of this section. Within sixty days
after receiving certifications from the owner or operator and a qualified professional engineer
that final closure or postclosure care, or both, has been completed in accordance with an
approved closure or postclosure care plan, the department will notify the owner or operator in
writing that the owner or operator is no longer required by this section to maintain financial
assurance for final closure or postclosure care, or both, of the facility, unless the department
has reason to believe that final closure or postclosure care, or both, has not been in
accordance with the approved closure or postclosure care plans. The department shall
provide the owner or operator a detailed written statement of any such reason to believe that
closure or postclosure, or both, has not been in accordance with the approved closure or
postclosure plans.
History: Effective January 1, 2019.
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
### § 33.1-24-05-78. Use of a financial mechanism for both closure and postclosure care.

An owner or operator may satisfy the requirements for financial assurance for both closure and
postclosure care for one or more facilities by using a trust fund, surety bond, letter of credit, insurance,
financial test, or corporate guarantee that meets the specifications for the mechanism in section
### § 33.1-24-05-77. The amount of funds available through the mechanism must be no less than the sum of

funds that would be available if a separate mechanism had been established and maintained for
financial assurance of closure and of postclosure care.
History: Effective January 1, 2019.
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
### § 33.1-24-05-79. Liability requirements.

1. Coverage for sudden accidental occurrences. An owner or operator of a hazardous waste
treatment, storage, or disposal facility, or a group of facilities, must 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 must 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 amended by attachment of the hazardous waste
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 9 of section 33.1-24-05-81. The wording of the certificate of insurance
must be identical to the wording specified in subsection 10 of section 33.1-24-05-81.
The owner or operator shall submit a signed duplicate original of the endorsement
or the certificate of insurance to the department. If requested by the department, the
owner or operator shall provide a signed duplicate original of the insurance policy.

An owner or operator of a new facility shall submit the signed duplicate original of
the hazardous waste facility liability endorsement or the certificate of liability
insurance to the department at least sixty days before the day on which hazardous
waste is first received for treatment, storage, or disposal. The insurance must be
effective before this initial receipt of hazardous waste.
(2) Each insurance policy must be issued by an insurer which, 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.
b. An owner or operator may meet the requirements of this subsection by passing a
financial test or using the guarantee for liability coverage as specified in subsections 6
and 7.
c. An owner or operator may meet the requirements of this subsection by obtaining a letter
of credit for liability coverage as specified in subsection 8.
d. An owner or operator may meet the requirements of this subsection by obtaining a surety
bond for liability coverage as specified in subsection 9.
e. An owner or operator may meet the requirements of this subsection by obtaining a trust
fund for liability coverage as specified in subsection 10.
f. An owner or operator may demonstrate the required liability coverage through the use of
combinations of insurance, financial test, guarantee, letter of credit, surety bond, and
trust fund, except that the owner or operator may not combine a financial test covering
part of the liability coverage requirement with a guarantee unless the financial statement
of the owner or operator is not consolidated with the financial statement of the guarantor.
The amounts of coverage demonstrated must total at least the minimum amounts
required by this subsection. If the owner or operator demonstrates the required coverage
through the use of a combination of financial assurances under this subdivision, the
owner or operator shall specify at least one such assurance as "primary" coverage and
shall specify other assurances as "excess" coverage.
g. An owner or operator shall notify the department in writing within thirty days when:
(1) A claim results in a reduction in the amount of financial assurance for liability
coverage provided by a financial instrument authorized in subdivisions a through f;
or
(2) A certification of valid claim for bodily injury or property damages caused by a
sudden or nonsudden accidental occurrence arising from the operation of a
hazardous waste treatment, storage, or disposal facility is entered between the
owner or operator and third-party claimant for liability coverage under subdivisions a
through f; or
(3) A final court order establishing a judgment for bodily injury or property damage
caused by a sudden or nonsudden accidental occurrence arising from the operation
of a hazardous waste treatment, storage, or disposal facility is issued against the
owner or operator or an instrument that is providing financial assurance for liability
coverage under subdivisions a through f.
2. Coverage for nonsudden accidental occurrences. An owner or operator of a surface
impoundment, landfill, land treatment facility, or disposal miscellaneous unit which is used to
manage hazardous waste, or a group of such facilities, must demonstrate financial
responsibility for bodily injury and property damage to third parties caused by nonsudden
accidental occurrences arising from operations of the facility or group of facilities. The owner

or operator must have and maintain liability coverage for nonsudden accidental occurrences in
the amount of at least three million dollars per occurrence with an annual aggregate of at least
six million dollars, exclusive of legal defense costs. An owner or operator who must meet the
requirements of this section may combine the required per-occurrence coverage levels for
sudden and nonsudden accidental occurrences into a single per-occurrence level, and
combine the required annual aggregate coverage levels for sudden and nonsudden accidental
occurrences into a single annual aggregate level. Owners or operators who combine coverage
levels for sudden and nonsudden accidental occurrences must maintain liability coverage in
the amount of at least four million dollars per occurrence and eight million dollars annual
aggregate. 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 amended by attachment of the hazardous waste
facility liability endorsement or evidenced by certificate of liability insurance. The
wording of the endorsement must be identical to the wording specified in
subsection 9 of section 33.1-24-05-81. The wording of the certificate of insurance
must be identical to the wording specified in subsection 10 of section 33.1-24-05-81.
The owner or operator shall submit a signed duplicate original of the endorsement
or the certificate of insurance to the department. If requested by the department, the
owner or operator shall provide a signed duplicate original of the insurance policy.
An owner or operator of a new facility shall submit the signed duplicate original of
the hazardous waste facility liability endorsement or the certificate of liability
insurance to the department at least sixty days before the date on which hazardous
waste is first received for treatment, storage, or disposal. The insurance must be
effective before this initial receipt of hazardous waste.
(2) Each insurance policy must be issued by an insurer which, 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.
b. An owner or operator may meet the requirements of this subsection by passing a
financial test or using the guarantee for liability coverage as specified in subsections 6
and 7.
c. An owner or operator may meet the requirements of this subsection by obtaining a letter
of credit for liability coverage as specified in subsection 8.
d. An owner or operator may meet the requirements of this subsection by obtaining a surety
bond for liability coverage as specified in subsection 9.
e. An owner or operator may meet the requirements of this subsection by obtaining a trust
fund for liability coverage as specified in subsection 10.
f. An owner or operator may demonstrate the required liability coverage through the use of
combinations of insurance, financial test, guarantee, letter of credit, surety bond, and
trust fund, except that the owner or operator may not combine a financial test covering
part of the liability coverage requirement with a guarantee unless the financial statement
of the owner or operator is not consolidated with the financial statement of the guarantor.
The amounts of coverage demonstrated must total at least the minimum amount required
by this section. If the owner or operator demonstrates the required coverage through the
use of a combination of financial assurances under this subdivision, the owner or
operator shall specify at least one such assurance as "primary" coverage and shall
specify other assurance as "excess" coverage.

g. An owner or operator shall notify the department in writing within thirty days when:
(1) A claim results in a reduction in the amount of financial assurance for liability
coverage provided by a financial instrument authorized in subdivisions a through f;
(2) A certification of valid claim for bodily injury or property damages caused by a
sudden or nonsudden accidental occurrence arising from the operation of a
hazardous waste treatment, storage, or disposal facility is entered between the
owner or operator and third-party claimant for liability coverage under subdivisions a
through f; or
(3) A final court order establishing a judgment for bodily injury or property damage
caused by a sudden or nonsudden accidental occurrence arising from the operation
of a hazardous waste treatment, storage, or disposal facility is issued against the
owner or operator or an instrument that is providing financial assurance for liability
coverage under subdivisions a through f.
3. Request for variance. If an owner or operator can demonstrate to the satisfaction of the
department that the levels of responsibility required by subsection 1 or 2 are not consistent
with the degree and duration of risk associated with treatment, storage, or disposal at the
facility or group of facilities, the owner or operator may obtain a variance from the department.
The request for a variance must be submitted to the department as part of the permit
application under chapter 33.1-24-06 for a facility that does not have a permit or pursuant to
the procedures for permit modification under chapter 33.1-24-07 for a facility that has a permit.
If granted, the variance will take the form of an adjusted level of required liability coverage,
such level to be based on the department's assessment of the degree and duration of risk
associated with the ownership or operation of the facility or group of facilities. The department
may require an owner or operator who requests a variance to provide such technical and
engineering information as is deemed necessary by the department to determine a level of
financial responsibility other than that required by subsection 1 or 2. Any request for a
variance for a permitted facility will be treated as a request for permit modification under
chapters 33.1-24-06 and 33.1-24-07.
4. Adjustments by the department. If the department determines that the levels of financial
responsibility required by subsection 1 or 2 are not consistent with the degree and duration of
risk associated with treatment, storage, or disposal at the facility or group of facilities, the
department may adjust the level of financial responsibility required under subsection 1 or 2 as
may be necessary to protect human health and the environment. This adjusted level will be
based on the department's assessment of the degree and duration of risk associated with the
ownership or operation of the facility or group of facilities. In addition, if the department
determines that there is a significant risk to human health and the environment from
nonsudden accidental occurrences resulting from the operation of a facility that is not a
surface impoundment, landfill, or land treatment facility, the department may require that an
owner or operator of the facility comply with subsection 2. An owner or operator shall furnish
to the department within a reasonable time any information which the department requests to
determine whether cause exists for such adjustments of level or type of coverage. Any
adjustment of the level or type of coverage for a type of facility that has a permit will be treated
as a permit modification under chapters 33.1-24-06 and 33.1-24-07.
5. Period of coverage. Within sixty days after receiving certifications from the owner or operator
and a qualified professional engineer that final closure has been completed in accordance
with the approved closure plan, the department will notify the owner or operator in writing that
the owner or operator is no longer required by this section to maintain liability coverage for
that facility, unless the department has reason to believe that closure has not been in
accordance with the approved closure plan.

6. Financial tests for liability coverage.
a. An owner or operator may satisfy the requirements of this section by demonstrating that
the owner or operator passes a financial test as specified in this subsection. To pass this
test the owner or operator must meet the criteria of paragraph 1 or paragraph 2:
(1) The owner or operator must have:
(a) Net working capital and tangible net worth each at least six times the amount
of liability coverage to be demonstrated by this test;
(b) Tangible net worth of at least ten million dollars; and
(c) Assets in the United States amounting to either:
[1] At least ninety percent of the owner's or operator's total assets; or
[2] At least six times the amount of liability coverage to be demonstrated by
this test.
(2) The owner or operator must have:
(a) A current rating for the owner's or operator's most recent bond issuance of
AAA, AA, A, or BBB as issued by Standard and Poor's, or Aaa, Aa, A, or Baa
as issued by Moody's;
(b) Tangible net worth of at least ten million dollars;
(c) Tangible net worth at least six times the amount of liability coverage to be
demonstrated by this test; and
(d) Assets in the United States amounting to either:
[1] At least ninety percent of the owner's or operator's total assets; or
[2] At least six times the amount of liability coverage to be demonstrated by
this test.
b. The phrase "amount of liability coverage" as used in subdivision a refers to the annual
aggregate amounts for which coverage is required under subsections 1 and 2.
c. To demonstrate that the owner or operator meets this test, the owner or operator must
submit the following three items to the department:
(1) A letter signed by the owner's or operator's chief financial officer and worded as
specified in subsection 7 of section 33.1-24-05-81. If an owner or operator is using
the financial test to demonstrate both assurance for closure or postclosure care, as
specified by subsection 6 of section 33.1-24-05-77, and liability coverage, the owner
or operator must submit the letter specified in subsection 7 of section 33.1-24-05-81
to cover both forms of financial responsibility; a separate letter as specified in
subsection 6 of section 33.1-24-05-81 is not required.
(2) A copy of the independent certified public accountant's report on examination of the
owner's or operator's financial statements for the latest completed fiscal year.
(3) A special report from the owner's or operator's independent certified public
accountant to the owner or operator stating that:

(a) The accountant has compared the data which the letter from the chief financial
officer specifies as having been derived from the independently audited, year-
end financial statements for the latest fiscal year with the amounts of such
financial statements; and
(b) In connection with that procedure, no matters came to the accountant's
attention which cause the accountant to believe that the specified data should
be adjusted.
d. An owner or operator of a new facility must submit the items specified in subdivision c to
the department at least sixty days before the date on which hazardous waste is first
received for treatment, storage, or disposal.
e. After the initial submission of items specified in subdivision c, the owner or operator must
send updated information to the department within ninety days after the close of each
succeeding fiscal year. This information must consist of all three items specified in
subdivision c.
f. If the owner or operator no longer meets the requirements of subdivision a, the owner or
operator must obtain insurance, a letter of credit, a surety bond, a trust fund, or a
guarantee for the entire amount of required liability coverage as specified in this section.
Evidence of liability coverage must be submitted to the department within ninety days
after the end of the fiscal year for which the year-end financial data shows that the owner
or operator no longer meets the test requirements.
g. The department may disallow use of this test on the basis of qualifications and the
opinion expressed by the independent certified public accountant in the accountant's
report on examination of the owner's or operator's financial statement (see paragraph 2
of subdivision c). An adverse opinion or a disclaimer of opinion will be cause for
disallowance. The department will evaluate other qualifications on an individual basis.
The owner or operator must provide evidence of insurance for the entire amount of
required liability coverage as specified in this section within thirty days after notification or
disallowance.
7. Guarantee for liability coverage.
a. Subject to subdivision b, an owner or operator may meet the requirements of this section
by obtaining a written guarantee, hereinafter referred to as "guarantee". The guarantor
must be the direct or higher-tier parent corporation of the owner or operator, a firm whose
parent corporation is also the parent corporation of the owner or operator, or a firm with a
"substantial business relationship" with the owner or operator. The guarantor must meet
the requirements for owners or operators in subdivisions a through f of subsection 6. The
wording of the guarantee must be identical to the wording specified in subdivision b of
subsection 8 of section 33.1-24-05-81. A certified copy of the guarantee must accompany
the items sent to the department as specified in subdivision c of subsection 6. One of
these items must be the letter from the guarantor's chief financial officer. If the
guarantor's parent corporation is also the parent corporation of the owner or operator, the
letter must describe the value received in consideration of the guarantee. If the guarantor
is a firm with a "substantial business relationship" with the owner or operator, this letter
must describe this "substantial business relationship" and the value received in
consideration of the new guarantee.
If the owner or operator fails to satisfy a judgment based on a determination of liability for
bodily injury or property damage to third parties caused by sudden or nonsudden
accidental occurrences (or both as the case may be), arising from the operation of
facilities covered by this corporate guarantee, or fails to pay an amount agreed to in

settlement of claims arising from or alleged to arise from such injury or damage, the
guarantor will do so up to the limits of the coverage.
b. The following applies:
(1) In the case of corporations incorporated in the United States, a guarantee may be
used to satisfy the requirements of this section only if the attorneys general or
insurance commissioners of the state in which the guarantor is incorporated, and
each state in which a facility covered by the guarantee is located have submitted a
written statement to the department that a guarantee executed as described in this
section and subdivision b of subsection 8 of section 33.1-24-05-81 is a legally valid
and enforceable obligation in that state.
(2) In the case of corporations incorporated outside the United States, a guarantee may
be used to satisfy the requirements of this section only if the non-United States
corporation has identified a registered agent for service of process in each state in
which a facility covered by the guarantee is located and in the state in which it has
its principal place of business, and the attorney general or insurance commissioner
of each state in which a facility covered by the guarantee is located and the state in
which the guarantor corporation has its principal place of business, has submitted a
written statement to the department that a guarantee executed as described in this
section and subdivision b of subsection 8 of section 33.1-24-05-81 is a legally valid
and enforceable obligation in that state.
8. Letter of credit for liability coverage.
a. An owner or operator may satisfy the requirements of this section by obtaining an
irrevocable standby letter of credit that conforms to the requirements of this subsection
and submitting a copy of the letter of credit to the department.
b. The financial institution issuing the letter of credit must be an entity that has the authority
to issue letters of credit and whose letter of credit operations are regulated and examined
by a federal or state agency.
c. The wording of the letter of credit must be identical to the wording specified in
subsection 11 of section 33.1-24-05-81.
d. An owner or operator who uses a letter of credit to satisfy the requirements of this section
may also establish a standby trust fund. Under the terms of such a letter of credit, all
amounts paid pursuant to a draft by the trustee of the standby trust will be deposited by
the issuing institution into the standby trust in accordance with instructions from the
trustee. The trustee of the standby trust fund must be an entity which has the authority to
act as a trustee and whose trust operations are regulated and examined by a federal or
state agency.
e. The wording of the standby trust fund must be identical to the wording specified in
subsection 14 of section 33.1-24-05-81.
9. Surety bond for liability coverage.
a. An owner or operator may satisfy the requirements of this section by obtaining a surety
bond that conforms to the requirements of this subsection and submitting a copy of the
bond to the department.
b. The surety company issuing the bond must be among those listed as acceptable sureties
on federal bonds in the most recent Circular 570 of the United States department of the
treasury.

c. The wording of the surety bond must be identical to the wording specified in
subsection 12 of section 33.1-24-05-81.
d. A surety bond may be used to satisfy the requirements of this section only if the attorneys
general or insurance commissioners of the state in which the surety is incorporated, and
each state in which a facility covered by the surety bond is located have submitted a
written statement to the department that a surety bond executed as described in this
section and in subsection 12 of section 33.1-24-05-81 is a legally valid and enforceable
obligation in that state.
10. Trust fund for liability coverage.
a. An owner or operator may satisfy the requirements of this section by establishing a trust
fund that conforms to the requirements of this subsection and submitting an originally
signed duplicate of the trust agreement to the department.
b. The trustee must be an entity which has the authority to act as a trustee and whose trust
operations are regulated and examined by a federal or state agency.
c. The trust fund for liability coverage must be funded for the full amount of the liability
coverage to be provided by the trust fund before it may be relied upon to satisfy the
requirements of this section. If at any time after the trust fund is created the amount of
funds in the trust fund is reduced below the full amount of the liability coverage to be
provided, the owner or operator, by the anniversary date of the establishment of the fund,
must either add sufficient funds to the trust fund to cause its value to equal the full
amount of liability coverage to be provided or obtain other financial assurance as
specified in this section to cover the difference. For purposes of this subdivision, "the full
amount of the liability coverage to be provided" means the amount of coverage for
sudden or nonsudden occurrences, or both, required to be provided by the owner or
operator by this section, less the amounts of financial assurance for liability coverage that
is being provided by other financial assurance mechanisms being used to demonstrate
financial assurance by the owner or operator.
d. The wording of the trust fund must be identical to the wording specified in subsection 13
of section 33.1-24-05-81.
History: Effective January 1, 2019.
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
### § 33.1-24-05-80. Incapacity of owners or operators, guarantors, or financial institutions.

1. An owner or operator must 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 6 of section 33.1-24-05-77 or in
subsection 7 of section 33.1-24-05-79 must make such notification if the guarantor is named
as debtor as required under the terms of the corporate guarantee.
2. An owner or operator who fulfills the requirements of section 33.1-24-05-77 or 33.1-24-05-79
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 a 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.

History: Effective January 1, 2019.
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
### § 33.1-24-05-81. Wording of the instruments.

1. Trust agreement and certification of acknowledgment.
a. A trust agreement for a trust fund as specified in section 33.1-24-05-77 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
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 hazardous waste
management facility shall provide assurance that funds will be available when needed for
closure or postclosure, or both, care of the facility,
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.
Section 2. Identification of Facilities and Cost Estimate. This AGREEMENT pertains
to the facilities and cost estimates identified on attached Schedule A [on Schedule A for
each facility list the identification number, name, and the current closure or postclosure,
or both, cost estimates or portions thereof for which financial assurance is demonstrated
by this AGREEMENT].
Section 3. Establishment of FUND. The GRANTOR and the TRUSTEE hereby
establish a trust fund, the FUND, for the benefit of the DEPARTMENT. The GRANTOR
and the TRUSTEE intend that no third party have access to the FUND, except as herein
provided. The FUND is established initially as consisting of the property which is
acceptable to the TRUSTEE and described in Schedule B attached hereto. Such
property and any other property subsequently transferred to the TRUSTEE is referred to
as the FUND, together with all earnings and profits thereon, less any payments or
distributions made by the TRUSTEE pursuant to this AGREEMENT. The FUND must be
held by the TRUSTEE, IN TRUST, as herein provided. The TRUSTEE is not responsible,
nor may it undertake any responsibility for the amount or adequacy of, nor any duty to

collect from the GRANTOR any payments necessary to discharge any liabilities of the
GRANTOR established by the DEPARTMENT.
Section 4. Payment for Closure and Postclosure Care. The TRUSTEE shall make
payments from the FUND as the DEPARTMENT shall direct, in writing, to provide for the
payment of the cost of closure, and or postclosure care of the facilities covered by this
AGREEMENT. The TRUSTEE shall reimburse the GRANTOR or other persons as
specified by the DEPARTMENT from the FUND for closure and postclosure expenditures
in such amounts as the DEPARTMENT shall direct in writing. In addition, the TRUSTEE
shall refund to the GRANTOR such amounts as the DEPARTMENT specifies in writing.
Upon refund such funds no longer constitute part of the FUND as defined herein.
Section 5. Payments Comprising the FUND. Payments made to the TRUSTEE for the
FUND must consist of cash or securities acceptable to the TRUSTEE.
Section 6. TRUSTEE Management. The TRUSTEE shall invest and reinvest the
principal and income of the FUND and keep the FUND invested as a single FUND
without distinction between principal and income in accordance with general investment
policies and guidelines which the GRANTOR may communicate in writing to the
TRUSTEE from time to time, subject however to the provisions of this Section. In
investing, reinvesting, exchanging, selling, and managing the FUND, the TRUSTEE shall
discharge the trustee's duties with respect to the trust fund solely in the interest of the
beneficiary and with the care, skill, prudence, and diligence under the circumstances
then prevailing which persons of prudence, acting in a like capacity and familiar with such
matters, would use in the conduct of an enterprise of a like character and with like aims;
except that:
(a) Securities or other obligations of the GRANTOR or any other owner or operator
of the facilities or any of their affiliates as defined in the Investment Company
Act of 1940, as amended, 15 U.S.C. 80a-2(a), may not be acquired or held
unless they are securities or other obligations of a federal or state government;
(b) The TRUSTEE is authorized to invest the FUND in time or demand deposits of
the TRUSTEE, to the extent insured by an agency of the federal or state
government; and
(c) The TRUSTEE is authorized to hold cash awaiting investment or distribution
uninvested for a reasonable time and without liability for the payment of
interest thereon.
Section 7. Commingling and Investment. The TRUSTEE is expressly authorized in its
discretion:
(a) To transfer from time to time any or all of the assets of the FUND to any
common, commingled, or collective trust fund created by the TRUSTEE in
which the FUND is eligible to participate, subject to all of the provisions thereof,
to be commingled with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the
Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one
which may be created, managed, underwritten, or to which investment advice
is rendered or the shares of which are sold by the TRUSTEE. The TRUSTEE
may vote such shares in its discretion.

Section 8. Express Powers of TRUSTEE. Without, in any way, eliminating the powers
and discretions conferred upon the TRUSTEE by the other provisions of this
AGREEMENT or by law, the TRUSTEE is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held
by it, by public or private sale. No person dealing with the TRUSTEE is bound
to see the application of the purchase money or to inquire into the validity or
expediency of any such sale or disposition;
(b) To make, execute, acknowledge, and deliver any and all documents of transfer
and conveyance and any and all other instruments that may be necessary or
appropriate to carry out the powers herein granted;
(c) To register any securities held in the FUND in its own name or in the name of a
nominee and to hold any security in bearer form or in book entry, or to combine
certificates representing such securities with certificates of the same issue held
by the TRUSTEE in other fiduciary capacities, or to deposit or arrange for the
deposit of such securities in a qualified central depository even though, when
so deposited, such securities may be merged and held in bulk in the name of
the nominee of such depository with other securities deposited therein by
another person, or to deposit or arrange for the deposit of any securities issued
by the United States Government, or any agency or instrumentality thereof,
with a federal reserve bank, but the books and records of the TRUSTEE must
at all times show that all such securities are part of the FUND;
(d) To deposit any cash in the FUND in interest-bearing accounts maintained or
savings certificates issued by the TRUSTEE, in its separate capacity, or in any
other banking institution affiliated with the TRUSTEE to the extent insured by
an agency of the federal or state government; and
(e) To compromise or otherwise adjust all claims in favor of or against the FUND.
Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied
against or in respect of the FUND and all brokerage commissions incurred by the FUND
shall be paid from the FUND. All other expenses incurred by the TRUSTEE in connection
with the administration of this TRUST, including fees for legal services rendered to the
TRUSTEE, the compensation of the TRUSTEE to the extent not paid directly by the
GRANTOR, and all other proper charges and disbursements of the TRUSTEE, must be
paid from the FUND.
Section 10. Annual Valuation. The TRUSTEE shall annually, at least thirty days prior to
the anniversary date of establishment of the FUND, furnish to the GRANTOR and to the
DEPARTMENT a statement confirming the value of the TRUST. Any securities in the
FUND must be valued at market value as of no more than sixty days prior to the
anniversary date of establishment of the FUND. The failure of the GRANTOR to object in
writing to the TRUSTEE within ninety days after the statement has been furnished to the
GRANTOR and the DEPARTMENT, constitutes a conclusively binding assent by the
GRANTOR barring the GRANTOR from asserting any claim or liability against the
TRUSTEE with respect to matters disclosed in the statement.
Section 11. Advice of Counsel. The TRUSTEE may from time to time consult with
counsel, who may be counsel to the GRANTOR, with respect to any question arising as
to construction of this AGREEMENT or any action to be taken hereunder. The TRUSTEE
shall be fully protected to the extent permitted by law in acting upon the advice of
counsel.

Section 12. TRUSTEE Compensation. The TRUSTEE is entitled to reasonable
compensation for its services as agreed upon in writing from time to time with the
Section 13. Successor TRUSTEE. The TRUSTEE may resign or the GRANTOR may
replace the TRUSTEE, but such resignation or replacement is not effective until the
GRANTOR has appointed a successor TRUSTEE and this successor accepts the
appointment. The successor TRUSTEE shall have the same powers and duties as those
conferred upon the TRUSTEE hereunder. Upon the successor TRUSTEE'S acceptance
of the appointment, the TRUSTEE shall assign, transfer, and pay over to the successor
TRUSTEE the funds and properties then constituting the FUND. If for any reason, the
GRANTOR cannot or does not act in the event of the resignation of the TRUSTEE, the
TRUSTEE may apply to a court of competent jurisdiction for the appointment of a
successor TRUSTEE or for instructions. The successor TRUSTEE shall specify the date
on which it assumes administration of the TRUST in a writing sent to the GRANTOR, the
DEPARTMENT, and the present TRUSTEE by certified mail ten days before such change
becomes effective. Any expenses incurred by the TRUSTEE as a result of any of the acts
contemplated by this section must be paid as provided in section 9.
Section 14. Instructions to the TRUSTEE. All orders, requests, and instructions by the
GRANTOR to the TRUSTEE must be in writing, signed by such persons as are
designated in the attached Exhibit A, or such other designees as the GRANTOR may
designate by amendment to Exhibit A. The TRUSTEE shall be fully protected in acting
without inquiry in accordance with the GRANTOR'S orders, requests, and instructions. All
orders, requests, and instructions by the DEPARTMENT to the TRUSTEE must be in
writing, signed by an authorized DEPARTMENT representative and the TRUSTEE shall
act and be fully protected in acting in accordance with such orders, requests, and
instructions. The TRUSTEE shall have the right to assume, in the absence of written
notice to the contrary, that no event constituting a change or a termination of the authority
of any person to act on behalf of the GRANTOR or the DEPARTMENT hereunder has
occurred. The TRUSTEE shall have no duty to act in the absence of such orders,
requests, and instructions from the GRANTOR or the DEPARTMENT, or both, except as
provided for herein.
Section 15. Notice of Nonpayment. The TRUSTEE shall notify the GRANTOR and the
DEPARTMENT by certified mail within ten days following the expiration of the thirty-day
period after the anniversary of the establishment of the TRUST if no payment is received
from the GRANTOR during that period. After the pay-in period is completed, the
TRUSTEE is not required to send a notice of nonpayment.
Section 16. Amendment of AGREEMENT. This AGREEMENT may be amended by an
instrument in writing executed by the GRANTOR, the TRUSTEE and the DEPARTMENT,
or by the TRUSTEE and the DEPARTMENT, if the GRANTOR ceases to exist.
Section 17. Irrevocability and Termination. Subject to the right of the parties to amend
this AGREEMENT as provided in section 16, this TRUST is irrevocable and continues
until terminated at the written AGREEMENT of the GRANTOR, the TRUSTEE, and the
DEPARTMENT, or by the TRUSTEE and the DEPARTMENT, if the GRANTOR ceases to
exist. Upon termination of the TRUST, all remaining trust property, less final trust
administration expenses, must be delivered to the GRANTOR.
Section 18. Immunity and Indemnification. The TRUSTEE may not incur personal
liability of any nature in connection with any act or omission made in good faith in the
administration of this TRUST or in carrying out any directions by the GRANTOR or the
DEPARTMENT issued in accordance with this AGREEMENT. The TRUSTEE must be

indemnified and saved harmless by the GRANTOR or from the trust fund, or both, from
and against any personal liability to which the TRUSTEE may be subjected by reason of
any act or conduct in its official capacity, including all expenses reasonably incurred in its
defense in the event the GRANTOR fails to provide such defense.
Section 19. Choice of Law. This AGREEMENT must be administered, construed, and
enforced according to the laws of the state of North Dakota.
Section 20. Interpretation. As used in this AGREEMENT, words in the singular include
the plural and words in the plural include the singular. The descriptive headings for each
section of this AGREEMENT do not affect the interpretation or the legal efficacy of this
In Witness Whereof the parties have caused this AGREEMENT to be executed by
their respective officers duly authorized and their corporate seals to be hereunto
fixed and attested as of the date first above written: The parties below certify that
the wording of this AGREEMENT is identical to the wording specified in subdivision
a of subsection 1 of North Dakota Administrative Code section 33.1-24-05-81 as
such regulation was constituted on the date first above written.
[Signature of GRANTOR]
[Title]
[Attest:]
[Title]
[Seal]
[Signature of TRUSTEE]
[Attest:]
[Title]
[Seal]
b. The following is an example of the certification of acknowledgment which must
accompany the TRUST AGREEMENT for a trust fund as specified in subsection 1 of
section 33.1-24-05-77.
State of ________________________
County of _______________________
On this [date], before me personally came [owner or operator] to me known, who, being
by me duly sworn, did depose and say that she/he resides at [address], that she/he is
[title] of [corporation], the corporation described in and which executed the above
instrument; that she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of the Board of Directors
of said corporation, and that she/he signed her/his name thereto by like order.
[Signature of notary public]
2. A surety bond guaranteeing payment into a trust fund as specified in subsection 2 of section
replaced with the relevant information and the brackets deleted:

Date bond executed: __________________________
Effective date: ______________________________
Principal: [legal name and business address of owner or operator]
Type of organization: [insert "individual", "joint venture", "partnership", or "corporation"]
State of incorporation: ______________________
Surety(ies): [name(s) and business address(es)]
Identification number, name, address, and closure or postclosure, or both, amount for each
facility guaranteed by this bond [indicate closure and postclosure amounts separately]:
________________________________
Total penal sum of bond: $____________________
Surety's bond number: ________________________
Know all persons by these presents that we the PRINCIPAL and SURETY(IES) hereto are
firmly bound to the North Dakota Department of Environmental Quality (hereinafter called the
DEPARTMENT) in the above penal sum for the payment of which we bind ourselves, our
heirs, executors, administrators, successors and assignors jointly and severally: provided that
where the SURETY(IES) are corporations acting as cosureties, we, the SURETIES, bind
ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or
actions against any or all of us, and for all other purposes each SURETY binds itself, jointly
and severally with the PRINCIPAL, for the payment of such sum only as is set forth opposite
the name of such SURETY, but if no limit of liability is indicated, the limit of liability shall be the
full amount of the penal sum.
Whereas said PRINCIPAL is required under North Dakota Century Code chapter 23.1-04 to
have a permit in order to own or operate each hazardous waste management facility identified
above, and
Whereas said PRINCIPAL is required to provide financial assurance for closure or closure and
postclosure care as a condition of the permit, and
Whereas said PRINCIPAL shall establish a standby trust fund as is required when a surety
bond is used to provide such financial assurance;
Now, Therefore, the conditions of the obligation are such that if the PRINCIPAL shall faithfully,
before the beginning of final closure of each facility identified above, fund the standby trust
fund in the amounts identified above for the facility,
Or, if the PRINCIPAL shall fund the standby trust fund in such amounts within fifteen days
after an order to begin closure is issued by the DEPARTMENT or a state or other court of
competent jurisdiction,
Or, if the PRINCIPAL shall provide alternate financial assurance as specified in North Dakota
Administrative Code chapter 33.1-24-05, as applicable, and obtain the DEPARTMENT'S
written approval of such assurance within ninety days after the date of notice of cancellation is
received by both the PRINCIPAL and the DEPARTMENT from the SURETY(IES), then this
obligation shall be null and void, otherwise it is to remain in full force and effect.

The SURETY(IES) shall become liable on this bond obligation only when the PRINCIPAL has
failed to fulfill the conditions described above. Upon notification by the DEPARTMENT that the
PRINCIPAL has failed to perform as guaranteed by this bond, the SURETY(IES) shall place
funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed by
the DEPARTMENT.
The liability of the SURETY(IES) shall not be discharged by any payment or any succession of
payments hereunder, unless and until such payment or payments shall amount in the
aggregate to the penal sum of the bond, but in no event shall the obligation of the
SURETY(IES) hereunder exceed the amount of said penal sum.
The SURETY(IES) may cancel the bond by sending notice of cancellation by certified mail to
the PRINCIPAL and to the DEPARTMENT, provided, however, that cancellation shall not occur
during the one hundred twenty days beginning on the date of receipt of the notice of
cancellation by both the PRINCIPAL and the DEPARTMENT as evidenced by the return
receipts.
The PRINCIPAL may terminate this bond by sending written notice to the SURETY(IES)
provided, however, that no such notice shall become effective until the SURETY(IES)
receive(s) written authorization for termination of the bond by the DEPARTMENT.
[The following paragraph is an optional rider that may be included, but is not required.]
The PRINCIPAL and SURETY(IES) hereby agree to adjust the penal sum of the bond yearly
so that it guarantees a new closure or postclosure, or both, amount, provided that the penal
sum does not increase by more than twenty percent in any one year, and no decrease in the
penal sum takes place without the written permission of the DEPARTMENT.
In witness whereof, the PRINCIPAL and SURETY(IES) have executed this financial guarantee
bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to
execute this surety bond on behalf of the PRINCIPAL and SURETY(IES) and that the wording
of this surety bond is identical to the wording specified in subsection 2 of North Dakota
Administrative Code section 33.1-24-05-81 as such rule was constituted on the date this bond
was executed.
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]
[Name and address]
State of Incorporation: ______________________
Liability limit: $ ___________________________
[Signature(s)]
[Name(s) and Title(s)]
[Corporate seal]
[For every cosurety, provide signature(s), corporate seal, and other information in the same
manner as for surety above.]
Bond premium: $ ______________________________

3. A surety bond guaranteeing performance of closure or postclosure care as specified in
subsection 3 of section 33.1-24-05-77 must be worded as follows, except that the instructions
in brackets are to be replaced with the relevant information and the brackets deleted:
Date bond executed: __________________________
Effective Date: ______________________________
PRINCIPAL: [Legal name and business address of owner or operator]
Type of organization: [Insert "Individual", "joint venture", "partnership", or "corporation"]
State of incorporation: ______________________
SURETY(IES): [Name(s) and business address(es)]
_______________________________________________
Identification number, name, address and closure or postclosure, or both, amount(s) for each
facility guaranteed by this bond.
[Indicate closure and postclosure amount separately]:
_______________________________________________
Total penal sum of bond: ______________________
Surety's bond number: _________________________
Know all persons by these presents, that we the PRINCIPAL and SURETY(IES) hereto are
firmly bound to the North Dakota Department of Environmental Quality (hereinafter called the
DEPARTMENT), in the above penal sum for the payment of which we bind ourselves, our
heirs, executors, administrators, successors and assigns jointly and severally: Provided that,
where the SURETY(IES) are corporations acting as cosureties, we the SURETIES bind
ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or
actions against any or all of us and for all other purposes each SURETY binds itself jointly and
severally with the PRINCIPAL for the payment of such sum only as is set forth opposite the
name of each SURETY, but if no limit of liability is indicated, the limit of liability shall be the full
amount of the penal sum.
Whereas said PRINCIPAL is required under North Dakota Century Code chapter 23.1-04 to
have a permit to own or operate each hazardous waste management facility identified above,
and
Whereas said PRINCIPAL is required to provide financial assurance for closure, or closure
and postclosure care as a condition of the permit, and
Whereas said PRINCIPAL shall establish a standby trust fund as is required when a surety
bond is used to provide such financial assurance;
Now, Therefore, the conditions of this obligation are that if the PRINCIPAL shall faithfully
perform closure, when required to do so, of each facility for which this bond guarantees
closure, in accordance with the closure plan and other requirements of the permit as such
plan and permit may be amended pursuant to all applicable laws, statutes, rules, and
regulations, as such laws, statutes, rules, and regulations may be amended.

And if the PRINCIPAL shall faithfully perform postclosure care of each facility for which this
bond guarantees postclosure care, in accordance with the postclosure plan and other
requirements of the permit as such plan and permit may be amended pursuant to all
applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations
may be amended,
Or, if the PRINCIPAL shall provide alternate financial assurance as specified in North Dakota
Administrative Code chapter 33.1-24-05 and obtain the DEPARTMENT'S written approval of
such assurance within ninety days after the date notice of cancellation is received by both the
PRINCIPAL and the DEPARTMENT from the SURETY(IES) then this obligation shall be null
and void, otherwise it is to remain in full force and effect.
The SURETY(IES) shall become liable on this bond obligation only when the PRINCIPAL has
failed to fulfill the conditions described above.
Upon notification by the DEPARTMENT that the PRINCIPAL has been found in violation of the
closure requirements of North Dakota Administrative Code chapter 33.1-24-05 for a facility for
which this bond guarantees performance of closure, the SURETY(IES) shall either perform
closure in accordance with the closure plan and other permit requirements or place the
closure amount guaranteed for the facility into the standby trust fund as directed by the
Upon notification by the DEPARTMENT that the PRINCIPAL has been found in violation of the
postclosure requirements of North Dakota Administrative Code chapter 33.1-24-05 for a facility
for which this bond guarantees performance of postclosure care, the SURETY(IES) shall
either perform postclosure care in accordance with the postclosure plan and other permit
requirements or place the postclosure amount guaranteed for the facility into a standby trust
fund as directed by the DEPARTMENT.
Upon notification by the DEPARTMENT that the PRINCIPAL has failed to provide alternate
financial assurance as specified in North Dakota Administrative Code chapter 33.1-24-05 and
obtain written approval of such assurance from the DEPARTMENT during the ninety days
following receipt by both the PRINCIPAL and the DEPARTMENT of a notice of cancellation of
the bond, the SURETY(IES) shall place funds in the amount guaranteed for the facility(ies)
into the standby trust fund as directed by the DEPARTMENT.
The SURETY(IES) hereby waive(s) notification of amendments to closure plans, permits,
applicable laws, statutes, rules, and regulations and agree(s) that no such amendment shall in
any way alleviate its (their) obligation on this bond.
The liability of the SURETY(IES) shall not be discharged by any payment or succession of
payments hereunder, unless and until such payment or payments shall amount in the
aggregate to the penal sum of the bond, but in no event shall the obligation of the
SURETY(IES) hereunder exceed the amount of said penal sum.
The SURETY(IES) may cancel the bond by sending the notice of cancellation by certified mail
to the PRINCIPAL and to the DEPARTMENT, provided, however, that cancellation shall not
occur during the one hundred twenty days beginning on the date of receipt of the notice of
cancellation by both the PRINCIPAL and the DEPARTMENT as evidenced by the return
receipts.
The PRINCIPAL may terminate this bond by sending written notice to the SURETY(IES)
provided, however, that no such notice shall become effective until the SURETY(IES)
receive(s) written authorization for termination of the bond by the DEPARTMENT.
[The following paragraph is an optional rider that may be included, but is not required].

PRINCIPAL and SURETY(IES) hereby agree to adjust the penal sum of the bond yearly so
that it guarantees a new closure or postclosure, or both, amount, provided that the penal sum
does not increase by more than twenty percent in any one year, and no decrease in the penal
sum takes place without the written permission of the DEPARTMENT.
In Witness Whereof, the PRINCIPAL and SURETY(IES) have executed this performance bond
and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to
execute this surety bond on behalf of the PRINCIPAL and the SURETY(IES) and that the
wording of this surety bond is identical to the wording specified in subsection 3 of North
Dakota Administrative Code section 33.1-24-05-81 as such rule was constituted on the date
this bond was executed.
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate Seal]
[Name and Address]
State of Incorporation: __________________________
Liability Limit: $ _______________________________
[Signature(s)]
[Name(s) and Title(s)]
Corporate Seal:
[For every cosurety, provide signature(s), corporate seal, and other information in the same
manner as for surety above.]
Bond Premium: $ __________________________________
4. A letter of credit as specified in subsection 4 of section 33.1-24-05-77 must be worded as
follows except that instructions in brackets are to be replaced with the relevant information
and the brackets deleted.
Director, North Dakota Department of Environmental Quality
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit Number ______ in your favor, at
the request and for the account of [owner's or operator's name and address] up to the
aggregate amount of [in words] United States Dollars $ ______________, available upon
presentation by you of
(1) You sight draft bearing reference to this letter of credit number ___________, and
(2) Your signed statement reading as follows: "I certify that the amount of the draft is payable
pursuant to regulations issued under authority of North Dakota Century Code chapter
23.1-04".
This letter of credit is effective as of [date] and shall expire on [date] at least one year
later, but such expiration date shall be automatically extended for a period of [at least one
year] on [date] and on each successive expiration date, unless, at least one hundred
twenty days before the current expiration date, we notify both you and [owner's or

operator's name] by certified mail that we have decided not to extend this letter of credit
beyond the current expiration date. In the event you are so notified, any unused portion
of the credit shall be available upon presentation of your sight draft for one hundred
twenty days after the date of receipt by both you and [owner's or operator's name], as
shown on the signed return receipts.
Whenever this letter of credit is drawn on under and in compliance with the terms of this
credit, we shall duly honor such draft upon presentation to us, and we shall deposit the
amount of the draft directly into the standby trust fund of [owner's or operator's name] in
accordance with your instructions.
We certify that the wording of this letter of credit is identical to the wording specified in
subsection 4 of North Dakota Administrative Code section 33.1-24-05-81 as such rule
was constituted on the date shown immediately below.
[Signature(s) and Title(s) of Official(s) of issuing institution] [Date]
This credit is subject to [insert "the most recent edition of the Uniform Customs and
Practice for Documentary Credits, published and copyrighted by the International
Chamber of Commerce", or "the Uniform Commercial Code"]
5. A certificate of insurance as specified in subsection 5 of section 33.1-24-05-77 must be
worded as follows, except that instructions in brackets are to be replaced with the relevant
information and the brackets deleted.
Name and address of Insurer (hereinafter called the "INSURER"):
______________________________________
Name and address of Insured (hereinafter called the "INSURED"):
______________________________________
Facilities covered: [List for each facility: the identification number, name, address and amount
of insurance for closure or the amount for postclosure care, or both. (These amounts for all
facilities covered must cover the face amount shown below.)]
Face amount: _________________________
Policy Number: _______________________
Effective Date: ______________________
The INSURER hereby certifies that it has issued to the INSURED the policy of insurance
identified above to provide financial assurance for [insert "closure" or "closure and postclosure
care" or "postclosure care"] for the facilities identified above. The INSURER further warrants
that such policy conforms in all respects with the requirements of subsection 5 of North
Dakota Administrative Code section 33.1-24-05-77, as applicable and as such regulations
were constituted on the date shown immediately below. It is agreed that any provision of the
policy inconsistent with such rules is hereby amended to eliminate such inconsistency.
Whenever requested by the North Dakota Department of Environmental Quality
(DEPARTMENT) the INSURER agrees to furnish to the DEPARTMENT a duplicate original of
the policy listed above, including all endorsements thereon.

I hereby certify that the wording of this certificate is identical to the wording specified in
subsection 5 of North Dakota Administrative Code section 33.1-24-05-81 as such rule was
constituted on the date shown immediately below.
[Authorized signature for INSURER]
[Name of person signing]
[Title of person signing]
Signature of witness or notary: ________________________
[Date]
6. A letter from the chief financial officer, as specified in subsection 6 of section 33.1-24-05-77,
must be worded as follows, except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted:
Letter from Chief Financial Officer
[Address to North Dakota Department of Environmental Quality].
I am the chief financial officer of [name and address of firm]. This letter is in support of this
firm's use of the financial test to demonstrate financial assurance for closure and/or
postclosure costs, as specified in sections 33.1-24-05-74 through 33.1-24-05-88.
[Fill out the following five paragraphs regarding facilities and associated cost estimates. If your
firm has no facilities that belong in a particular paragraph, write "None" in the space indicated.
For each facility, include its identification number, name, address, and current closure and/or
postclosure cost estimates. Identify each cost estimate as to whether it is for closure or
postclosure care].
1. This firm is the owner or operator of the following facilities for which financial assurance for
closure or postclosure care is demonstrated through the financial test specified in sections
covered by the test are shown for each facility: ________.
2. This firm guarantees, through the guarantee specified in sections 33.1-24-05-74 through
33.1-24-05-88, the closure or postclosure care of the following facilities owned or operated by
the guaranteed party. The current cost estimates for the closure or postclosure care so
guaranteed are shown for each facility: ________. The firm identified above is [insert one or
more: (1) The direct or higher-tier parent corporation of the owner or operator; (2) owned by
the same parent corporation as the parent corporation of the owner or operator, and receiving
the following value in consideration of this guarantee ________; or (3) engaged in the
following substantial business relationship with the owner or operator ________, and receiving
the following value in consideration of this guarantee ________]. [Attach a written description
of the business relationship or a copy of the contract establishing such relationship to this
letter].
3. In states where the environmental protection agency is not administering the financial
requirements of subpart H of 40 CFR part 264 or 265, this firm, as owner or operator or
guarantor, is demonstrating financial assurance for the closure or postclosure care of the
following facilities through the use of a test equivalent or substantially equivalent to the
financial test specified in sections 33.1-24-05-74 through 33.1-24-05-88. The current closure
and/or postclosure cost estimates covered by such a test are shown for each facility:
________.

4. This firm is the owner or operator of the following hazardous waste management facilities
for which financial assurance for closure or, if a disposal facility, postclosure care, is not
demonstrated to the DEPARTMENT through the financial test or any other financial assurance
mechanism specified in sections 33.1-24-05-74 through 33.1-24-05-88 or equivalent or
substantially equivalent state mechanisms. The current closure and/or postclosure cost
estimates not covered by such financial assurance are shown for each facility: ________.
5. This firm is the owner or operator of the following underground injective control facilities for
which financial assurance for plugging and abandonment is required under 40 CFR part 144.
The current closure cost estimates as required by 40 CFR 144.62 are shown for each facility:
__________.
This firm [insert "is required" or "is not required"] to file a form 10K with the securities and
exchange commission for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked
with an asterisk are derived from this firm's independently audited, year-end financial
statements for the latest completed fiscal year, ended [date].
[Fill in Alternative I if the criteria of paragraph 1 of subdivision a of subsection 6 of section
subsection 6 of section 33.1-24-05-77 are used.]
Alternative I
1. Sum of current closure and postclosure cost estimate
(total of all cost estimates shown in the five paragraphs
above). $
*2. Total liabilities (if any portion of the closure or
postclosure cost estimate is included in total liabilities,
you may deduct the amount of that portion from this line
and add that amount to lines 3 and 4). $
*3. Tangible net worth. $
*4. Net worth. $
*5. Current assets. $
*6. Current liabilities. $
7. Net working capital (line 5 minus line 6). $
*8. The sum of net income plus depreciation, depletion, and
amortization. $
*9. Total assets in United States (required only if less than
90% of firm's assets are located in the United States). $
Yes No
10. Is line 3 at least $10 million?
11. Is line 3 at least 6 times line 1?
12. Is line 7 at least 6 times line 1?
*13. Are at least 90% of firm's assets located in the United
States? If not, complete line 14.

14. Is line 9 at least 6 times line 1?
15. Is line 2 divided by line 4 less than 2.0?
16. Is line 8 divided by line 2 greater than 0.1?
17. Is line 5 divided by line 6 greater than 1.5?
Alternative II
1. Sum of current closure and postclosure cost estimates
(total of all cost estimates shown in the five paragraphs
above). $
2. Current bond rating of most recent issuance of this firm
and name of rating service. $
3. Date of issuance of bond. $
4. Date of maturity of bond. $
*5. Tangible net worth (if any portion of the closure and
postclosure cost estimates is included in "total liabilities"
on your firm's financial statements, you may add the
amount of that portion to this line). $
*6. Total assets in United States (required only if less than
90% of firm's assets are located in the United States). $
Yes No
7. Is line 5 at least $10 million?
8. Is line 5 at least 6 times line 1?
*9. Are at least 90% of firm's assets located in the United
States? If not, complete line 10.
10. Is line 6 at least 6 times line 1?
I hereby certify that the wording of this letter is identical to the wording specified in
subsection 6 of section 33.1-24-05-81 as such regulations were constituted on the date shown
immediately below.
[Signature] ___________________
[Name] ______________________
[Title] _______________________
[Date] ______________________
7. A letter from the chief financial officer, as specified in subsection 6 of section 33.1-24-05-79,
must be worded as follows, except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted.
Letter from Chief Financial Officer:

[Address to North Dakota Department of Environmental Quality].
I am the chief financial officer of [firm's name and address]. This letter is in support of the use
of the financial test to demonstrate financial responsibility for liability coverage [insert "and
closure and/or postclosure care" if applicable] as specified in sections 33.1-24-05-74 through
33.1-24-05-88.
[Fill out the following paragraphs regarding facilities and liability coverage. If there are no
facilities that belong in a particular paragraph, write "None" in the space indicated. For each
facility, include its identification number, name, and address.]
The firm identified above is the owner or operator of the following facilities for which liability
coverage for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental
occurrences is being demonstrated through the financial test specified in sections
The firm identified above guarantees, through the guarantee specified in sections
"both sudden and nonsudden"] accidental occurrences at the following facilities owned or
operated by the following: _______________. The firm identified above is [insert one or more:
(1) The direct or higher-tier parent corporation of the owner or operator; (2) owned by the
same parent corporation as the parent corporation of the owner or operator, and receiving the
following value in consideration of this guarantee ___________; or (3) engaged in the
following substantial business relationship with the owner or operator ________, and receiving
the following value in consideration of this guarantee ________]. [Attach a written description
of the business relationship or a copy of the contract establishing such relationship to this
letter.]
[If you are using the financial test to demonstrate coverage of both liability and closure and
postclosure care, fill in the following five paragraphs regarding facilities and associated closure
and postclosure cost estimates. If there are no facilities that belong in a particular paragraph,
write "None" in the space indicated. For each facility, include its identification number, name,
address, and current closure and/or postclosure cost estimates. Identify each cost estimate as
to whether it is for closure or postclosure care.]
1. The firm identified above owns or operates the following facilities for which financial
assurance for closure or postclosure care or liability coverage is demonstrated through the
financial test specified in sections 33.1-24-05-74 through 33.1-24-05-88. The current closure
and postclosure cost estimates covered by the test are shown for each facility: ________.
2. The firm identified above guarantees, through the guarantee specified in sections
the following facilities owned or operated by the guaranteed party. The current cost estimates
for closure or postclosure care so guaranteed are shown for each facility: ________.
3. In states where the environmental protection agency is not administering the financial
requirements of subpart H of 40 CFR parts 264 and 265, this firm is demonstrating financial
assurance for the closure or postclosure care of the following facilities through the use of a
test equivalent or substantially equivalent to the financial test specified in subpart H of 40 CFR
parts 264 and 265. The current closure or postclosure cost estimates covered by such a test
are shown for each facility: ________.
4. The firm identified above owns or operates the following hazardous waste management
facilities for which financial assurance for closure or, if a disposal facility, postclosure care, is
not demonstrated to the DEPARTMENT through the financial test or any other financial
assurance mechanisms specified in sections 33.1-24-05-74 through 33.1-24-05-88 or

equivalent or substantially equivalent state mechanisms. The current closure and/or
postclosure cost estimates not covered by such financial assurance are shown for each
facility: ________.
5. This firm is the owner or operator or guarantor of the following underground injective control
facilities for which financial assurance for plugging and abandonment is required under
40 CFR part 144 and is assured through a financial test. The current closure cost estimates as
required by 40 CFR 144.62 are shown for each facility: __________.
This firm [insert "is required" or "is not required"] to file a form 10K with the securities and
exchange commission for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked
with an asterisk are derived from this firm's independently audited, year-end financial
statements for the latest completed fiscal year, ended [date].
Part A. Liability Coverage for Accidental Occurrences
[Fill in Alternative I if the criteria of paragraph 1 of subdivision a of subsection 6 of section
subsection 6 of section 33.1-24-05-79 are used.]
Alternative I
1. Amount of annual aggregate liability coverage to be
demonstrated. $
*2. Current assets. $
*3. Current liabilities. $
4. Net working capital (line 2 minus line 3). $
*5. Tangible net worth. $
*6. If less than 90% of assets are located in the United
States, give total United States assets. $
Yes No
7. Is line 5 at least $10 million?
8. Is line 4 at least 6 times line 1?
9. Is line 5 at least 6 times line 1?
*10. Are at least 90% of assets located in the United States? If
not, complete line 11.
11. Is line 6 at least 6 times line 1?
Alternative II
1. Amount of annual aggregate liability coverage to be
demonstrated. $
2. Current bond rating of most recent issuance and name of

rating service.
3. Date of issuance of bond.
4. Date of maturity of bond.
*5. Tangible net worth. $
*6. Total assets in United States (required only if less than
90% of assets are located in the United States). $
Yes No
7. Is line 5 at least $10 million?
8. Is line 5 at least 6 times line 1?
9. Are at least 90% of assets located in the United States? If
not, complete line 10.
10. Is line 6 at least 6 times line 1?
[Fill in part B if you are using the financial test to demonstrate assurance of both liability
coverage and closure or postclosure care.]
Part B. Closure or Postclosure Care and Liability Coverage
[Fill in Alternative I if the criteria of paragraph 1 of subdivision a of subsection 6 of section
used. Fill in Alternative II if the criteria of paragraph 2 of subdivision a of subsection 6 of
section 33.1-24-05-77 and paragraph 2 of subdivision a of subsection 6 of section
Alternative I
1. Sum of current closure and postclosure cost estimates
(total of all cost estimates listed above). $
2. Amount of annual aggregate liability coverage to be
demonstrated. $
3. Sum of lines 1 and 2. $
*4. Total liabilities (if any portion of your closure or
postclosure cost estimates is included in your total
liabilities, you may deduct that portion from this line and
add that amount to lines 5 and 6). $
*5. Tangible net worth. $
*6. Net worth. $
*7. Current assets. $
*8. Current liabilities. $
9. Net working capital (line 7 minus line 8). $
*10. The sum of net income plus depreciation, depletion, and
amortization. $

*11. Total assets in United States (required only if less than
90% of assets are located in the United States). $
Yes No
12. Is line 5 at least $10 million?
13. Is line 5 at least 6 times line 3?
14. Is line 9 at least 6 times line 3?
*15. Are at least 90% of assets located in the United States?
If not, complete line 16.
16. Is line 11 at least 6 times line 3?
17. Is line 4 divided by line 6 less than 2.0?
18. Is line 10 divided by line 4 greater than 0.1?
19. Is line 7 divided by line 8 greater than 1.5?
Alternative II
1. Sum of current closure and postclosure cost estimates
(total of all cost estimates listed above). $
2. Amount of annual aggregate liability coverage to be
demonstrated. $
3. Sum of lines 1 and 2. $
4. Current bond rating of most recent issuance and name of
rating service.
5. Date of issuance of bond.
6. Date of maturity of bond.
*7. Tangible net worth (if any portion of the closure or
postclosure cost estimates is included in "total liabilities"
on your financial statements you may add that portion to
this line). $
*8. Total assets in the United States (required only if less
than 90% of assets are located in the United States). $
Yes No
9. Is line 7 at least $10 million?
10. Is line 7 at least 6 times line 3?
*11. Are at least 90% of assets located in the United States?
If not, complete line 12.
12. Is line 8 at least 6 times line 3?
I hereby certify that the wording of this letter is identical to the wording specified in subsection
7 of section 33.1-24-05-81 as such regulations were constituted on the date shown
immediately below.

[Signature] ___________________
[Name] ______________________
[Title] _______________________
[Date] ______________________
8. Corporate Guarantee
a. A corporate guarantee, as specified in subsection 6 of section 33.1-24-05-77, must be
worded as follows, except that instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Corporate Guarantee for Closure or Postclosure Care
Guarantee made this [date] by [name of guaranteeing entity], a business corporation
organized under the laws of the state of [insert name of state], herein referred to as guarantor.
This guarantee is made on behalf of the [owner or operator] of [business address], which is
[one of the following: "our subsidiary"; "a subsidiary of [name and address of common parent
corporation], of which guarantor is a subsidiary"; or "an entity with which guarantor has a
substantial business relationship, as defined in subsection 8 of section 33.1-24-05-75 to the
Recitals
1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the
reporting requirements for guarantors as specified in subsection 6 of section 33.1-24-05-77.
2. [Owner or operator] owns or operates the following hazardous waste management
facility(ies) covered by this guarantee: [List for each facility: identification number, name, and
address. Indicate for each whether guarantee is for closure, postclosure care, or both.]
3. "Closure plans" and "postclosure plans" as used below refer to the plans maintained as
required by sections 33.1-24-05-59 through 33.1-24-05-73 for the closure and postclosure
care of facilities as identified above.
4. For value received from [owner or operator], guarantor guarantees to the DEPARTMENT
that in the event that [owner or operator] fails to perform [insert "closure", "postclosure care",
or "closure and postclosure care"] of the above facility(ies) in accordance with the closure or
postclosure plans and other permit or interim status requirements when required to do so, the
guarantor shall do so or establish a trust fund as specified in sections 33.1-24-05-74 through
33.1-24-05-88, as applicable, in the name of [owner or operator] in the amount of the current
closure or postclosure cost estimates as specified in sections 33.1-24-05-74 through
33.1-24-05-88.
5. Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee,
the guarantor fails to meet the financial test criteria, guarantor shall send within ninety days,
by certified mail, notice to the DEPARTMENT and to [owner or operator] that the guarantor
intends to provide alternate financial assurance as specified in sections 33.1-24-05-74 through
33.1-24-05-88, as applicable, in the name of [owner or operator]. Within one hundred twenty
days after the end of such fiscal year, the guarantor shall establish such financial assurance
unless [owner or operator] has done so.
6. The guarantor agrees to notify the DEPARTMENT by certified mail, of a voluntary or
involuntary proceeding under title 11 (Bankruptcy), United States Code, naming guarantor as
debtor, within ten days after commencement of the proceeding.

7. Guarantor agrees that within thirty days after being notified by the DEPARTMENT of a
determination that guarantor no longer meets the financial test criteria or that the guarantor is
disallowed from continuing as a guarantor of closure or postclosure care, the guarantor shall
establish alternate financial assurance as specified in sections 33.1-24-05-74 through
33.1-24-05-88, as applicable, in the name of [owner or operator] unless [owner or operator]
has done so.
8. Guarantor agrees to remain bound under this guarantee notwithstanding any or all of the
following: amendment or modification of the closure or postclosure plan, amendment or
modification of the permit, the extension or reduction of the time of performance of closure or
postclosure, or any other modification or alteration of an obligation of the owner or operator
pursuant to 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.
9. Guarantor agrees to remain bound under this guarantee for as long as [owner or operator]
must comply with the applicable financial assurance requirements of sections 33.1-24-05-74
through 33.1-24-05-88 for the above-listed facilities, except as provided in paragraph 10 of
this AGREEMENT.
10. [Insert the following language if the guarantor is (a) a direct or higher-tier corporate parent,
or (b) a firm whose parent corporation is also the parent corporation of the owner or operator]:
Guarantor may terminate this guarantee by sending notice by certified mail to the
DEPARTMENT and to [owner or operator], provided that this guarantee may not be
terminated unless and until [the owner or operator] obtains, and the DEPARTMENT approves,
alternate closure and/or postclosure care coverage complying with section 33.1-24-05-77.
[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its
"substantial business relationship" with its owner or operator.]
Guarantor may terminate this guarantee one hundred twenty days following the receipt of
notification, through certified mail, by the DEPARTMENT and by [the owner or operator]
obtains, and the DEPARTMENT approves, alternate closure or postclosure, or both, care
coverage complying with section 33.1-24-05-77 or 33.1-24-05-78 or both.
[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its
"substantial business relationship" with its owner or operator.]
Guarantor may terminate this guarantee one hundred twenty days following the receipt of
notification, through certified mail, by the DEPARTMENT and by the [owner or operator].
11. Guarantor agrees that if [owner or operator] fails to provide alternate financial assurance
as specified in sections 33.1-24-05-74 through 33.1-24-05-88, as applicable, and obtain
written approval of such assurance from the DEPARTMENT within ninety days after a notice
of cancellation by the guarantor is received by the DEPARTMENT from guarantor, guarantor
shall provide such alternate financial assurance in the name of [owner or operator].
12. Guarantor expressly waives notice of acceptance of this guarantee by the DEPARTMENT
or by [owner or operator]. Guarantor also expressly waives notice of amendments or
modifications of the closure and/or postclosure plan and of amendments or modifications of
the facility permit(s).
I hereby certify that the wording of this guarantee is identical to the wording specified in
subsection 8 of section 33.1-24-05-81 as such regulations were constituted on the date first
above written.

Effective date: _________________________
[Name of guarantor] ________________________
[Authorized signature for guarantor] ________________________
[Name of person signing] _________________________
[Title of person signing] _________________________
Signature of witness or notary: _________________________
b. A guarantee, as specified in subsection 7 of section 33.1-24-05-79, must be worded as
follows, except that instructions in brackets are to be replaced with the relevant information
and the brackets deleted:
Guarantee for Liability Coverage
Guarantee made this [date] by [name of guaranteeing entity], a business corporation
organized under the laws of [if incorporated within the United States insert "the state of
______________" and insert name of state; if incorporated outside the United States insert
the name of the country in which incorporated, the principal place of business within the
United States, and the name and address of the registered agent in the state of the principal
place of business], herein referred to as guarantor. This guarantee is made on behalf of
[owner or operator] of [business address], which is one of the following: "our subsidiary"; "a
subsidiary of [name and address of common parent corporation], of which guarantor is a
subsidiary"; or "an entity with which guarantor has a substantial business relationship, as
defined in subsection 8 of section 33.1-24-05-75", to any and all third parties who have
sustained or may sustain bodily injury or property damage caused by [sudden and/or
nonsudden] accidental occurrences arising from operation of the facility(ies) covered by this
guarantee.
Recitals
1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the
reporting requirements for guarantors as specified in subsection 7 of section 33.1-24-05-79.
2. [Owner or operator] owns or operates the following hazardous waste management
facility(ies) covered by this guarantee: [List for each facility: identification number, name, and
address; and if guarantor is incorporated outside the United States list the name and address
of the guarantor's registered agent in each state.] This corporate guarantee satisfies Resource
Conservation Recovery Act third-party liability requirements for [insert "sudden" or
"nonsudden" or "both sudden and nonsudden"] accidental occurrences in above-named owner
or operator facilities for coverage in the amount of [insert dollar amount] for each occurrence
and [insert dollar amount] annual aggregate.
3. For value received from [owner or operator], guarantor guarantees to any and all third
parties who have sustained or may sustain bodily injury or property damage caused by
[sudden and/or nonsudden] accidental occurrences arising from operations of the facility(ies)
covered by this guarantee that in the event that [owner or operator] fails to satisfy a judgment
or award based on a determination of liability for bodily injury or property damage to third
parties caused by [sudden and/or nonsudden] accidental occurrences, arising from the
operation of the above-named facilities, or fails to pay an amount agreed to in settlement of a
claim arising from or alleged to arise from such injury or damage, the guarantor will satisfy
such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage identified
above.

4. Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for which [insert owner or operator] is obligated to pay
damages by reason of the assumption of liability in a contract or agreement. This exclusion
does not apply to liability for damages that [insert owner or operator] would be obligated to
pay in the absence of the contract or agreement.
(b) Any obligation of [insert owner or operator] under a workers' compensation, disability
benefits, or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert owner or operator] arising from, and in the course of, employment
by [insert owner or operator]; or
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or
arising from, and in the course of employment by [insert owner or operator]. This exclusion
applies:
(A) Whether [insert owner or operator] may be liable as an employer or in any other capacity;
and
(B) To any obligation to share damages with or repay another person who must pay damages
because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or
entrustment to others of any aircraft, motor vehicle, or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert owner or operator];
(2) Premises that are sold, given away, or abandoned by [insert owner or operator] if the
property damage arises out of any part of those premises;
(3) Property loaned to [insert owner or operator];
(4) Personal property in the care, custody, or control of [insert owner or operator];
(5) That particular part of real property on which [insert owner or operator] or any contractors
or subcontractors working directly or indirectly on behalf of [insert owner or operator] are
performing operations, if the property damage arises out of these operations.
5. Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee,
the guarantor fails to meet the financial test criteria, guarantor shall send within ninety days,
by certified mail, notice to the DEPARTMENT and to [owner or operator] that the guarantor
intends to provide alternate liability coverage as specified in section 33.1-24-05-79, as
applicable, in the name of [owner or operator]. Within one hundred twenty days after the end
of such fiscal year, the guarantor shall establish such liability coverage unless [owner or
operator] has done so.
6. The guarantor agrees to notify the DEPARTMENT by certified mail of a voluntary or
involuntary proceeding under title 11 (Bankruptcy), United States Code, naming guarantor as
debtor, within ten days after commencement of the proceeding.
7. Guarantor agrees that within thirty days after being notified by the DEPARTMENT of a
determination that guarantor no longer meets the financial test criteria or that the guarantor is
disallowed from continuing as a guarantor, the guarantor shall establish alternate liability

coverage as specified in section 33.1-24-05-79 in the name of [owner or operator], unless
[owner or operator] has done so.
8. Guarantor reserves the right to modify this AGREEMENT to take into account amendment
or modification of the liability requirements set by section 33.1-24-05-79, provided that such
modification shall become effective only if the DEPARTMENT does not disapprove the
modification within thirty days of receipt of notification of the modification.
9. Guarantor agrees to remain bound under this guarantee for so long as [owner or operator]
must comply with the applicable requirements of section 33.1-24-05-79 for the above-listed
facility(ies), except as provided in paragraph 10 of this AGREEMENT.
10. [Insert the following language if the guarantor is (a) a direct or higher-tier corporate parent,
or (b) a firm whose parent corporation is also the parent corporation of the owner or operator]:
Guarantor may terminate this guarantee by sending notice by certified mail to the
DEPARTMENT and to [owner or operator], provided that this guarantee may not be
terminated unless and until [the owner or operator] obtains, and the DEPARTMENT approves,
alternate liability coverage complying with section 33.1-24-05-79.
[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its
"substantial business relationship" with the owner or operator]:
Guarantor may terminate this guarantee one hundred twenty days following receipt of
notification, through certified mail, by the DEPARTMENT and by [the owner or operator].
11. Guarantor hereby expressly waives notice of acceptance of this guarantee by any party.
12. Guarantor agrees that this guarantee is in addition to and does not affect any other
responsibility or liability of the guarantor with respect to the covered facilities.
13. The guarantor shall satisfy a third-party liability claim only on receipt of one of the following
documents:
(a) Certification from the principal and the third-party claimant(s) that the liability claim should
be paid. The certification must be worded as follows, except that instructions in brackets are to
be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert principal] and [insert name and address of third-party
claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a
[sudden or nonsudden] accidental occurrence arising from operating [Principal's] hazardous
waste treatment, storage, or disposal facility should be paid in the amount of $________.
[Signatures] ________________________
Principal ________________________
(Notary) Date ________________________
[Signatures] ________________________
Claimant(s) ________________________
(Notary) Date ________________________
(b) A valid final court order establishing a judgment against the principal for bodily injury or
property damage caused by sudden or nonsudden accidental occurrences arising from the
operation of the principal's facility or group of facilities.

14. In the event of combination of this guarantee with another mechanism to meet liability
requirements, this guarantee will be considered [insert "primary" or "excess"] coverage.
I hereby certify that the wording of the guarantee is identical to the wording specified in
subdivision b of subsection 8 of section 33.1-24-05-81 as such regulations were constituted
on the date shown immediately below.
Effective date: _______________________
[Name of guarantor] ________________________
[Authorized signature for guarantor] ______________
[Name of person signing] ________________________
[Title of person signing] ________________________
Signature of witness or notary: ___________________
9. A hazardous waste facility liability endorsement as required in section 33.1-24-05-79 must be
worded as follows, except that instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
1. This endorsement certifies that the policy to which the endorsement is attached provides
liability insurance covering bodily injury and property damage in connection with the
insured's obligation to demonstrate financial responsibility under North Dakota
Administrative Code section 33.1-24-05-79. The coverage applies at [list identification
number, name, and address for each facility] for [insert "sudden accidental occurrences",
"nonsudden accidental occurrences", or "sudden and nonsudden accidental
occurrences"; if coverage is for multiple facilities and the coverage is different for different
facilities, indicate which facilities are insured for sudden accidental occurrences, which
are insured for nonsudden accidental occurrences and which are insured for both]. The
limits of liability are [insert the dollar amount of the "each occurrence" and "annual
aggregate" limits of the insurer's liability] exclusive of legal defense costs.
2. The insurance afforded with respect to such occurrences is subject to all of the terms and
conditions of the policy; provided, however, that any provisions of the policy inconsistent
with subsections (a) through (e) of this paragraph 2 are hereby amended to conform with
subsections (a) through (e):
(a) Bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations
under the policy to which this endorsement is attached.
(b) The insurer is liable for the payment of amounts within any deductible applicable to
this policy with a right of reimbursement by the insured for any such payment made
by the insurer. This provision does not apply with respect to that amount of any
deductible for which coverage is demonstrated as specified in subsection 6 of North
Dakota Administrative Code section 33.1-24-05-79.
(c) When requested by the North Dakota Department of Environmental Quality
(DEPARTMENT), the insurer agrees to furnish to the DEPARTMENT a signed
duplicate original of the policy and all endorsements.
(d) Cancellation of this endorsement, whether by the insurer, the insured, a parent
corporation providing insurance coverage for its subsidiary, or by a firm having an
insurable interest in and obtaining liability insurance on behalf of the owner or
operator of the hazardous waste management facility will be effective only upon
written notice and only after the expiration of sixty days after a copy of such written
notice is received by the DEPARTMENT.

(e) Any other termination of this endorsement will be effective only upon written notice,
and only after the expiration of thirty days after a copy of such written notice is
received by the DEPARTMENT, as evidenced by the return receipt.
Attached to and forming part of policy number ________ issued by [name of insurer]
herein called the insurer of [address of insurer] to [name of insured] of [address] this
________ day of ________, 20____. The effective date of said policy is ________
day of _______________, 20____.
I hereby certify that the wording of this endorsement is identical to the wording
specified in subsection 9 of North Dakota Administrative Code section
33.1-24-05-81, as such rule was constituted on the date first above written, and that
the insurer is licensed to transact the business of insurance in the state of North
Dakota or eligible to provide insurance as an excess or surplus lines insurer in one
or more states.
[Signature of authorized representative of insurer]
[Type name]
[Title], authorized representative of [name of insurer]
[Address of representative]
10. A certificate of liability insurance as required in section 33.1-24-05-79 must be worded as
follows, except that the instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
1. [Name of insurer, (the "insurer") of [address of insurer] hereby certifies that it has issued
liability insurance covering bodily injury and property damage to [name of insured], (the
"insured"), of [address of insured] in connection with the insured's obligation to
demonstrate financial responsibility under North Dakota Administrative Code section
### § 33.1-24-05-79. The coverage applies at [list identification number, name, and address for

each facility] for [insert "sudden accidental occurrences", "nonsudden accidental
occurrences", or "sudden and nonsudden accidental occurrences"; if coverage is for
multiple facilities and the coverage is different for different facilities, indicate which
facilities are insured for sudden accidental occurrences, which are insured for nonsudden
accidental occurrences and which are insured for both]. The limits of liability are [insert
the dollar amount of the "each occurrence" and "annual aggregate" limits of the insurer's
liability], exclusive of legal defense costs. The coverage is provided under policy number
______, issued on [date] the effective date of said policy is [date].
2. The insurer further certifies the following with respect to the insurance described in
paragraph 1:
(a) Bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations
under the policy.
(b) The insurer is liable for the payment of amounts within any deductible applicable to
the policy, with a right of reimbursement by the insured for any such payment made
by the insurer. This provision does not apply with respect to that amount of any
deductible for which coverage is demonstrated as specified in subsection 6 of North
Dakota Administrative Code section 33.1-24-05-79.

(c) When requested by the North Dakota Department of Environmental Quality
(DEPARTMENT), the insurer agrees to furnish to the DEPARTMENT a signed
duplicate original of the policy and all endorsements.
(d) Cancellation of the insurance, whether by the insurer, the insured, a parent
corporation providing insurance coverage for its subsidiary, or by a firm having an
insurable interest in and obtaining liability insurance on behalf of the owner or
operator of the hazardous waste management facility, will be effective only upon
written notice, and only after the expiration of sixty days after a copy of such written
notice is received by the DEPARTMENT.
(e) Any other termination of the insurance will be effective only upon written notice, and
only after the expiration of thirty days after a copy of such written notice is received
by the DEPARTMENT, as evidenced by the return receipt.
I hereby certify that the wording of this instrument is identical to the wording
specified in subsection 7 of North Dakota Administrative Code section
33.1-24-05-81, as such regulation was constituted on the date first above written,
and that the insurer is licensed to transact the business of insurance, in the state of
North Dakota or eligible to provide insurance as an excess or surplus lines insurer in
one or more states.
[Signature of authorized representative of insurer]
[Type name]
[Title], authorized representative of [name of insurer]
[Address of representative]
11. A letter of credit, as specified in subsection 8 of section 33.1-24-05-79, must be worded as
follows, except that instructions in brackets are to be replaced with the relevant information
and the brackets deleted:
Irrevocable Standby Letter of Credit
Name and Address of Issuing Institution
North Dakota Department of Environmental Quality
Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No.
________ in the favor of ["any and all third-party liability claimants" or insert name of
TRUSTEE of the standby trust fund], at the request and for the account of [owner or operator's
name and address] for third-party liability awards or settlements up to [in words] United States
dollars $________ per occurrence and the annual aggregate amount of [in words] United
States dollars $________, for sudden accidental occurrences and/or for third-party liability
awards or settlements up to the amount of [in words] United States dollars $_______ per
occurrence, and the annual aggregate amount of [in words] United States dollars $________,
for nonsudden accidental occurrences available upon presentation of a sight draft bearing
reference to this letter of credit No. ________, and [insert the following language if the letter of
credit is being used without a standby trust fund]: (1) a signed certificate reading as follows:
Certificate of Valid Claim
The undersigned, as parties [insert principal] and [insert name and address of third-party
claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a
[sudden or nonsudden] accidental occurrence arising from operations of [principal's],
hazardous waste treatment, storage, or disposal facility should be paid in the amount of $
[______]. We hereby certify that the claim does not apply to any of the following:

(a) Bodily injury or property damage for which [insert principal] is obligated to pay damages by
reason of the assumption of liability in a contract or agreement. This exclusion does not apply
to liability for damages that [insert principal] would be obligated to pay in the absence of the
contract or agreement.
(b) Any obligation of [insert principal] under a workers' compensation, disability benefits, or
unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising from, and in the course of, employment by [insert
principal]; or
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or
arising from, and in the course of employment by [insert principal].
This exclusion applies:
(A) Whether [insert principal] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay damages
because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or
entrustment to others of any aircraft, motor vehicle, or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert principal];
(2) Premises that are sold, given away, or abandoned by [insert principal] if the property
damage arises out of any part of those premises;
(3) Property loaned to [insert principal];
(4) Personal property in the care, custody, or control of [insert principal];
(5) That particular part of real property on which [insert principal] or any contractors or
subcontractors working directly or indirectly on behalf of [insert principal] are performing
operations, if the property damage arises out of these operations.
[Signatures] ________________________
[Signatures] ________________________
Claimant(s) ________________________
or (2) a valid final court order establishing a judgment against the GRANTOR for bodily injury
or property damage caused by sudden or nonsudden accidental occurrences arising from the
operation of the GRANTOR'S facility or group of facilities.
This letter of credit is effective as of [date] and shall expire on [date at least one year later], but
such expiration date shall be automatically extended for a period of [at least one year] on
[date] and on each successive expiration date, unless, at least one hundred twenty days
before the current expiration date, we notify you, the DEPARTMENT, and [owner's or
operator's name] by certified mail that we have decided not to extend this letter of credit
beyond the current expiration date.

When this letter of credit is drawn on under and in compliance with the terms of this credit, we
shall duly honor such draft upon presentation to us.
[Insert the following language if a standby trust fund is not being used: "In the event that this
letter of credit is used in combination with another mechanism for liability coverage, this letter
of credit shall be considered [insert "primary" or "excess"] coverage"].
We certify that the wording of this letter of credit is identical to the wording specified in
subsection 11 of section 33.1-24-05-81 as such regulations were constituted on the date
shown immediately below. [Signature(s) and title(s) of official(s) of issuing institution] [Date].
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice
for Documentary Credits published and copyrighted by the International Chamber of
Commerce" or "the Uniform Commercial Code"].
12. A surety bond, as specified in subsection 9 of section 33.1-24-05-79, must be worded as
follows: except that instructions in brackets are to be replaced with the relevant information
and the brackets deleted:
Surety Bond No. [Insert number]
Parties [Insert name and address of owner or operator], principal, incorporated in [Insert
state of incorporation] of [Insert city and state of principal place of business] and [Insert name
and address of surety company(ies)], surety company(ies), of [Insert surety(ies) place of
business].
Identification number, name, and address for each facility guaranteed by this bond:
Sudden Accidental Nonsudden Accidental
Occurrences Occurrences
Penal Sum Per Occurrence [Insert Amount] [Insert Amount]
Annual Aggregate [Insert Amount] [Insert Amount]
Purpose: This is an AGREEMENT between the surety(ies) and the principal under which
the surety(ies), its (their) successors and assignees, agree to be responsible for the payment
of claims against the principal for bodily injury and/or property damage to third parties caused
by ["sudden" and/or "nonsudden"] accidental occurrences arising from operations of the facility
or group of facilities in the sums prescribed herein; subject to the governing provisions and the
following conditions.
Governing Provisions:
(1) Section 3004 of the Resource Conservation and Recovery Act of 1976, as amended.
(2) Rules and regulations of the United States environmental protection agency (EPA),
particularly 40 CFR ["264.147" or "265.147"] (if applicable).
(3) Rules and regulations of the governing state agency [particularly section
Code] (if applicable).
Conditions:

(1) The principal is subject to the applicable governing provisions that require the
principal to have and maintain liability coverage for bodily injury and property damage to third
parties caused by ["sudden" and/or "nonsudden"] accidental occurrences arising from
operations of the facility or group of facilities. Such obligation does not apply to any of the
following:
(a) Bodily injury or property damage for which [insert principal] is obligated to pay
damages by reason of the assumption of liability in a contract or agreement. This exclusion
does not apply to liability for damages that [insert principal] would be obligated to pay in the
absence of the contract or agreement.
(b) Any obligation of [insert principal] under a workers' compensation, disability benefits,
or unemployment compensation law or similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising from, and in the course of, employment by
[insert principal]; or
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or
arising from, and in the course of employment by [insert principal]. This exclusion applies:
(A) Whether [insert principal] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay
damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or
entrustment to others of any aircraft, motor vehicle, or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert principal];
(2) Premises that are sold, given away, or abandoned by [insert principal] if the property
damage arises out of any part of those premises;
(3) Property loaned to [insert principal];
(4) Personal property in the care, custody, or control of [insert principal];
(5) That particular part of real property on which [insert principal] or any contractors or
subcontractors working directly or indirectly on behalf of [insert principal] are performing
operations, if the property damage arises out of these operations.
(2) This bond assures that the principal will satisfy valid third-party liability claims, as
described in condition 1.
(3) If the principal fails to satisfy a valid third-party liability claim, as described above, the
surety(ies) becomes liable on this bond obligation.
(4) The surety(ies) shall satisfy a third-party liability claim only upon the receipt of one of
the following documents:
(a) Certification from the principal and the third-party claimant(s) that the liability claim
should be paid. The certification must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the brackets deleted:

The undersigned, as parties [insert name of principal] and [insert name and address of
third-party claimant(s)], hereby certify that the claim of bodily injury and/or property damage
caused by a [sudden or nonsudden] accidental occurrence arising from operating [principal's]
hazardous waste treatment, storage, or disposal facility should be paid in the amount of $
[________].
[Signature]
Principal
[Notary] [Date]
[Signature(s)]
Claimant(s)
[Notary] [Date]
or (b) A valid final court order establishing a judgment against the principal for bodily
injury or property damage caused by sudden or nonsudden accidental occurrences arising
from the operation of the principal's facility or group of facilities.
(5) In the event of combination of this bond with another mechanism for liability coverage,
this bond will be considered [insert "primary" or "excess"] coverage.
(6) The liability of the surety(ies) shall not be discharged by any payment or succession
of payments hereunder, unless and until such payment or payments shall amount in the
aggregate to the penal sum of the bond. In no event shall the obligation of the surety(ies)
hereunder exceed the amount of said annual aggregate penal sum, provided that the
surety(ies) furnish(es) notice to the DEPARTMENT forthwith of all claims filed and payments
made by the surety(ies) under this bond.
(7) The surety(ies) may cancel the bond by sending notice of cancellation by certified
mail to the principal and the DEPARTMENT provided, however, the cancellation shall not
occur during the one hundred twenty days beginning on the date of receipt of the notice of
cancellation by the principal and the DEPARTMENT, as evidenced by the return receipt.
(8) The principal may terminate this bond by sending written notice to the surety(ies) and
to the DEPARTMENT.
(9) The surety(ies) hereby waive(s) notification of amendments to applicable laws,
statutes, rules, and regulations and agree(s) that no such amendment shall in any way
alleviate its (their) obligation on this bond.
(10) This bond is effective from [insert date] (12:01 a.m., standard time, at the address of
the principal as stated herein) and shall continue in force until terminated as described above.
In Witness Whereof, the principal and surety(ies) have executed this bond and have
affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to
execute this surety bond on behalf of the principal and surety(ies) and that the wording of this
surety bond is identical to the wording specified in subsection 12 of section 33.1-24-05-81, as
such regulations were constituted on the date this bond was executed.
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]

State of incorporation: _____________
Liability limit: $____________
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same
manner as for surety above.]
Bond premium: $__________
13. TRUST AGREEMENT
a. A TRUST AGREEMENT, as specified in subsection 10 of section 33.1-24-05-79, 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) has
established certain regulations applicable to the GRANTOR, requiring that an owner or
operator of a hazardous waste management facility or group of facilities must demonstrate
financial responsibility for bodily injury and property damage to third parties caused by sudden
accidental and/or nonsudden accidental occurrences arising from operations of the facility or
group of facilities.
Whereas, the GRANTOR has elected to establish a trust to assure all or part of such
financial responsibility 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.
Section 2. Identification of Facilities. This AGREEMENT pertains to the facilities identified
on attached schedule A [on schedule A, for each facility list the identification number, name,
and address of the facility(ies) and the amount of liability coverage, or portions thereof, if more
than one instrument affords combined coverage as demonstrated by this AGREEMENT].
Section 3. Establishment of FUND. The GRANTOR and the TRUSTEE hereby establish a
trust fund, hereinafter the "FUND", for the benefit of any and all third parties injured or
damaged by [sudden or nonsudden, or both] accidental occurrences arising from operation of
the facility(ies) covered by this guarantee, in the amount of ________ [up to $1 million] per
occurrence and ________ [up to $2 million] annual aggregate for sudden accidental

occurrences and ________ [up to $3 million] per occurrence and ________ [up to $6 million]
annual aggregate for nonsudden occurrences, except that the FUND is not established for the
benefit of third parties for the following:
(a) Bodily injury or property damage for which [insert GRANTOR] is obligated to pay
damages by reason of the assumption of liability in a contract or AGREEMENT. This exclusion
does not apply to liability for damages that [insert GRANTOR] would be obligated to pay in the
absence of the contract or AGREEMENT.
(b) Any obligation of [insert GRANTOR] under a workers' compensation, disability
benefits, or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert GRANTOR] arising from, and in the course of, employment by
[insert GRANTOR]; or
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or
arising from, and in the course of employment by [insert GRANTOR].
This exclusion applies:
(A) Whether [insert GRANTOR] may be liable as an employer or in any other capacity;
and
(B) To any obligation to share damages with or repay another person who must pay
damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or
entrustment to others of any aircraft, motor vehicle, or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert GRANTOR];
(2) Premises that are sold, given away, or abandoned by [insert GRANTOR] if the
property damage arises out of any part of those premises;
(3) Property loaned to [insert GRANTOR];
(4) Personal property in the care, custody, or control of [insert GRANTOR];
(5) That particular part of real property on which [insert GRANTOR] or any contractors or
subcontractors working directly or indirectly on behalf of [insert GRANTOR] are performing
operations, if the property damage arises out of these operations.
In the event of combination with another mechanism for liability coverage, the FUND
shall be considered [insert "primary" or "excess"] coverage.
The FUND is established initially as consisting of the property, which is acceptable to the
TRUSTEE, described in schedule B attached hereto. Such property and any other property
subsequently transferred to the TRUSTEE is referred to as the FUND, together with all
earnings and profits thereon, less any payments or distributions made by the TRUSTEE
pursuant to this AGREEMENT. The FUND shall be held by the TRUSTEE, IN TRUST, as
hereinafter provided. The TRUSTEE shall not be responsible nor shall it undertake any
responsibility for the amount or adequacy of, nor any duty to collect from the GRANTOR, any
payments necessary to discharge any liabilities of the GRANTOR established by the

Section 4. Payment for Bodily Injury or Property Damage. The TRUSTEE shall satisfy a
third-party liability claim by making payments from the FUND only upon receipt of one of the
following documents:
(a) Certification from the GRANTOR and the third-party claimant(s) that the liability claim
should be paid. The certification must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the brackets deleted:
The undersigned, as parties [insert GRANTOR] and [insert name and address of
third-party claimant(s)], hereby certify that the claim of bodily injury and/or property damage
caused by a [sudden or nonsudden] accidental occurrence arising from operating
[GRANTOR'S] hazardous waste treatment, storage, or disposal facility should be paid in the
amount of $[___________].
[Signatures]
Grantor
[Signatures]
Claimant(s)
(b) A valid final court order establishing a judgment against the GRANTOR for bodily
injury or property damage caused by sudden or nonsudden accidental occurrences arising
from the operation of the GRANTOR'S facility or group of facilities.
Section 5. Payments Comprising the FUND. Payments made to the TRUSTEE for the
FUND shall consist of cash or securities acceptable to the TRUSTEE.
Section 6. TRUSTEE Management. The TRUSTEE shall invest and reinvest the principal
and income, in accordance with general investment policies and guidelines which the
GRANTOR may communicate in writing to the TRUSTEE from time to time, subject, however,
to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing
the FUND, the TRUSTEE shall discharge the trustee's duties with respect to the trust fund
solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under
the circumstance then prevailing which persons of prudence, acting in a like capacity and
familiar with such matters, would use in the conduct of an enterprise of a like character and
with like aims; except that:
(i) Securities or other obligations of the GRANTOR, or any other owner or operator of the
facilities, or any of their affiliates as defined in the Investment Company Act of 1940, as
amended, 15 U.S.C. 80a-2(a), may not be acquired or held, unless they are securities or other
obligations of the federal or a state government;
(ii) The TRUSTEE is authorized to invest the FUND in time or demand deposits of the
TRUSTEE, to the extent insured by an agency of the federal or a state government; and
(iii) The TRUSTEE is authorized to hold cash awaiting investment or distribution
uninvested for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The TRUSTEE is expressly authorized in its
discretion:
(a) To transfer from time to time any or all of the assets of the FUND to any common
commingled, or collective trust fund created by the TRUSTEE in which the FUND is eligible to
participate, subject to all of the provisions thereof, to be commingled with the assets of other
trusts participating therein; and

(b) To purchase shares in any investment company registered under the Investment
Company Act of 1940, 15 U.S.C. 81a-1 et seq., including one which may be created,
managed, underwritten, or to which investment advice is rendered or the shares of which are
sold by the TRUSTEE. The TRUSTEE may vote such shares in its discretion.
Section 8. Express Powers of TRUSTEE. Without in any way limiting the powers and
discretions conferred upon the TRUSTEE by the other provisions of this AGREEMENT or by
law, the TRUSTEE is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by
public or private sale. No person dealing with the TRUSTEE shall be bound to see to the
application of the purchase money or to inquire into the validity or expediency of any such sale
or other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents of transfer and
conveyance and any and all other instruments that may be necessary or appropriate to carry
out the powers herein granted;
(c) To register any securities held in the FUND in its own name or in the name of a
nominee and to hold any security in bearer form or in book entry, or to combine certificates
representing such securities with certificates of the same issue held by the TRUSTEE in other
fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified
central depository even though, when so deposited, such securities may be merged and held
in bulk in the name of the nominee of such depository with other securities deposited therein
by another person, or to deposit or arrange for the deposit of any securities issued by the
United States government, or any agency or instrumentality thereof, with a federal reserve
bank, but the books and records of the TRUSTEE shall at all times show that all such
securities are part of the FUND;
(d) To deposit any cash in the FUND in interest-bearing accounts maintained or savings
certificates issued by the TRUSTEE, in its separate corporate capacity, or in any other
banking institution affiliated with the TRUSTEE, to the extent insured by an agency of the
federal or state government; and
(e) To compromise or otherwise adjust all claims in favor of or against the FUND.
Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against
or in respect of the FUND and all brokerage commissions incurred by the FUND shall be paid
from the FUND. All other expenses incurred by the TRUSTEE in connection with the
administration of this trust, including fees for legal services rendered to the TRUSTEE, the
compensation of the TRUSTEE to the extent not paid directly by the GRANTOR, and all other
proper charges and disbursements of the TRUSTEE shall be paid from the FUND.
Section 10. Annual Valuations. The TRUSTEE shall annually, at least thirty days prior to the
anniversary date of establishment of the FUND, furnish to the GRANTOR and to the
DEPARTMENT a statement confirming the value of the trust. Any securities in the FUND shall
be valued at market value as of no more than sixty days prior to the anniversary date of
establishment of the FUND. The failure of the GRANTOR to object in writing to the TRUSTEE
within ninety days after the statement has been furnished to the GRANTOR and the
DEPARTMENT shall constitute a conclusively binding assent by the GRANTOR barring the
GRANTOR from asserting any claim or liability against the TRUSTEE with respect to matters
disclosed in the statement.
Section 11. Advice of Counsel. The TRUSTEE may from time to time consult with counsel,
who may be counsel to the GRANTOR with respect to any question arising as to the

construction of this AGREEMENT or any action to be taken hereunder. The TRUSTEE shall
be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 12. TRUSTEE Compensation. The TRUSTEE shall be entitled to reasonable
compensation for its services as agreed upon in writing from time to time with the GRANTOR.
Section 13. Successor TRUSTEE. The TRUSTEE may resign or the GRANTOR may
replace the TRUSTEE, but such resignation or replacement shall not be effective until the
GRANTOR has appointed a successor TRUSTEE and this successor accepts the
appointment. The successor TRUSTEE shall have the same powers and duties as those
conferred upon the TRUSTEE hereunder. Upon the successor TRUSTEE'S acceptance of the
appointment, the TRUSTEE shall assign, transfer, and pay over to the successor TRUSTEE
the funds and properties then constituting the FUND. If for any reason the GRANTOR cannot
or does not act in the event of the resignation of the TRUSTEE, the TRUSTEE may apply to a
court of competent jurisdiction for the appointment of a successor TRUSTEE or for
instructions. The successor TRUSTEE shall specify the date on which it assumes
administration of the trust in a writing sent to the GRANTOR, the DEPARTMENT, and the
present TRUSTEE by certified mail ten days before such change becomes effective. Any
expenses incurred by the TRUSTEE as a result of any of the acts contemplated by this
section shall be paid as provided in Section 9.
Section 14. Instructions to the TRUSTEE. All orders, requests, and instructions by the
GRANTOR to the TRUSTEE shall be in writing, signed by such persons as are designated in
the attached exhibit A or such other designees as the GRANTOR may designate by
amendments to exhibit A. The TRUSTEE shall be fully protected in acting without inquiry in
accordance with the GRANTOR'S orders, requests, and instructions. All orders, requests, and
instructions by the DEPARTMENT to the TRUSTEE shall be in writing, signed by the
DEPARTMENT, or its designees, and the TRUSTEE shall act and shall be fully protected in
acting in accordance with such orders, requests, and instructions. The TRUSTEE shall have
the right to assume, in the absence of written notice to the contrary, that no event constituting
a change or a termination of the authority of any person to act on behalf of the GRANTOR or
DEPARTMENT hereunder has occurred. The TRUSTEE shall have no duty to act in the
absence of such orders, requests, and instructions from the GRANTOR and/or the
department, except as provided for herein.
Section 15. Notice of Nonpayment. If a payment for bodily injury or property damage is
made under Section 4 of this trust, the TRUSTEE shall notify the GRANTOR of such payment
and the amount(s) thereof within five working days. The GRANTOR shall, on or before the
anniversary date of the establishment of the FUND following such notice, either make
payments to the TRUSTEE in amounts sufficient to cause the trust to return to its value
immediately prior to the payment of claims under Section 4, or shall provide written proof to
the TRUSTEE that other financial assurance for liability coverage has been obtained equaling
the amount necessary to return the trust to its value prior to the payment of claims. If the
GRANTOR does not either make payments to the TRUSTEE or provide the TRUSTEE with
such proof, the TRUSTEE shall within ten working days after the anniversary date of the
establishment of the FUND provide a written notice of nonpayment to the DEPARTMENT.
Section 16. Amendment of AGREEMENT. This AGREEMENT may be amended by an
instrument in writing executed by the GRANTOR, the TRUSTEE, and the appropriate
DEPARTMENT administrator if the GRANTOR ceases to exist.
Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this
AGREEMENT as provided in Section 16, this trust shall be irrevocable and shall continue until
terminated at the written AGREEMENT of the GRANTOR, the TRUSTEE, and the
DEPARTMENT, or by the TRUSTEE, and the DEPARTMENT, if the GRANTOR ceases to

exist. Upon termination of the trust, all remaining trust property, less final trust administration
expenses, shall be delivered to the GRANTOR.
The DEPARTMENT will agree to termination of the trust when the owner or operator
substitutes alternate financial assurance as specified in this section.
Section 18. Immunity and Indemnification. The TRUSTEE shall not incur personal liability
of any nature in connection with any act or omission, made in good faith, in the administration
of this trust, or in carrying out any directions by the GRANTOR or the DEPARTMENT issued in
accordance with this AGREEMENT. The TRUSTEE shall be indemnified and saved harmless
by the GRANTOR or from the trust fund, or both, from and against any personal liability to
which the TRUSTEE may be subjected by reason of any act or conduct in its official capacity,
including all expenses reasonably incurred in its defense in the event the GRANTOR fails to
provide such defense.
Section 19. Choice of Law. This AGREEMENT shall be administered, construed, and
enforced according to the laws of the state of North Dakota.
Section 20. Interpretation. As used in this AGREEMENT, words in the singular include the
plural and words in the plural include the singular. The descriptive headings for each section of
this AGREEMENT shall not affect the interpretation or the legal efficacy of this AGREEMENT.
In Witness Whereof the parties have caused this AGREEMENT to be executed by their
respective officers duly authorized and their corporate seals to be hereunto affixed and
attested as of the date first above written. The parties below certify that the wording of this
AGREEMENT is identical to the wording specified in subsection 13 of section 33.1-24-05-81,
as such regulations were constituted on the date first above written.
[Signature of GRANTOR]
[Title]
Attest:
[Title]
[Seal]
[Signature of TRUSTEE]
Attest:
[Title]
[Seal]
b. The following is an example of the certification of acknowledgment which must
accompany the TRUST AGREEMENT for a trust fund as specified in subsection 10 of section
33.1-24-05-79.
State of ________________________
County of ________________________
On this [date], before me personally came [owner or operator] to me known, who, being
by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of
[corporation], the corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such instrument is such
corporate seal; that it was so affixed by order of the board of directors of said corporation, and
that she/he signed her/his name thereto by like order.
[Signature of notary public]

14. Standby TRUST AGREEMENT
a. A standby TRUST AGREEMENT, as specified in subsection 8 of section 33.1-24-05-79,
must be worded as follows, except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted:
Standby TRUST AGREEMENT
TRUST AGREEMENT, the "AGREEMENT", entered into as of [date] by and between
[name of the owner or operator] a [name of a 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 has established certain
regulations applicable to the GRANTOR, requiring that an owner or operator of a hazardous
waste management facility or group of facilities must demonstrate financial responsibility for
bodily injury and property damage to third parties caused by sudden accidental and/or
nonsudden accidental occurrences arising from operations of the facility or group of facilities.
Whereas, the GRANTOR has elected to establish a standby trust into which the
proceeds from a letter of credit may be deposited to assure all or part of such financial
responsibility 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.
Section 2. Identification of Facilities. This AGREEMENT pertains to the facilities identified
on attached schedule A [on schedule A, for each facility list the identification number, name,
and address of the facility(ies) and the amount of liability coverage, or portions thereof, if more
than one instrument affords combined coverage as demonstrated by this AGREEMENT].
Section 3. Establishment of FUND. The GRANTOR and the TRUSTEE hereby establish a
standby trust fund, hereafter the "FUND", for the benefit of any and all third parties injured or
damaged by [sudden and/or nonsudden] accidental occurrences arising from operation of the
facility(ies) covered by this guarantee, in the amounts of_______ [up to $1 million] per
occurrence and ______ [up to $2 million] annual aggregate for sudden accidental occurrences
and ______[up to $3 million] per occurrence and _____ [up to $6 million] annual aggregate for
nonsudden occurrences, except that the FUND is not established for the benefit of third
parties for the following:
(a) Bodily injury or property damage for which [insert GRANTOR] is obligated to pay damages
by reason of the assumption of liability in a contract or AGREEMENT. This exclusion does not
apply to liability for damages that [insert GRANTOR] would be obligated to pay in the absence
of the contract or agreement.

(b) Any obligation of [insert GRANTOR] under a workers' compensation, disability benefits, or
unemployment compensation law, or any similar law.
(c) Bodily injury to:
(1) An employee [insert GRANTOR] arising from, and in the course of, employment by [insert
GRANTOR]; or
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or
arising from, and in the course of employment by [insert GRANTOR].
This exclusion applies:
(A) Whether [insert GRANTOR] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay damages
because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or
entrustment to others of any aircraft, motor vehicle, or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert GRANTOR];
(2) Premises that are sold, given away, or abandoned by [insert GRANTOR] if the property
damage arises out of any part of those premises;
(3) Property loaned by [insert GRANTOR];
(4) Personal property in the care, custody, or control of [insert GRANTOR];
(5) That particular part of real property on which [insert GRANTOR] or any contractors or
subcontractors working directly or indirectly on behalf of [insert GRANTOR] are performing
operations, if the property damage arises out of these operations.
In the event of combination with another mechanism for liability coverage, the FUND shall be
considered [insert "primary" or "excess"] coverage.
The FUND is established initially as consisting of the proceeds of the letter of credit deposited
into the FUND. Such proceeds and any other property subsequently transferred to the
TRUSTEE is referred to as the FUND, together with all earnings and profits thereon, less any
payments or distributions made by the TRUSTEE pursuant to this AGREEMENT. The FUND
shall be held by the TRUSTEE, IN TRUST, as hereinafter provided. The TRUSTEE shall not
be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any
duty to collect from the GRANTOR, any payments necessary to discharge any liabilities of the
GRANTOR established by the DEPARTMENT.
Section 4. Payment for Bodily Injury or Property Damage. The TRUSTEE shall satisfy a
third-party liability claim by drawing on the letter of credit described in schedule B and by
making payments from the FUND only upon receipt of one of the following documents:
(a) Certification from the GRANTOR and the third-party claimant(s) that the liability claim
should be paid. The certification must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim

The undersigned, as parties [insert GRANTOR] and [insert name and address of third-party
claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a
[sudden or nonsudden] accidental occurrence arising from operating [GRANTOR'S]
hazardous waste treatment, storage, or disposal facility should be paid in the amount of $
[___________].
[Signatures] ________________
Grantor _________________________
[Signatures] ________________
Claimant(s) _____________________
(b) A valid final court order establishing a judgment against the GRANTOR for bodily injury or
property damage caused by sudden or nonsudden accidental occurrences arising from the
operation of the GRANTOR'S facility or group of facilities.
Section 5. Payments Comprising the FUND. Payments made to the TRUSTEE for the
FUND shall consist of the proceeds from the letter of credit drawn upon by the TRUSTEE in
accordance with the requirements of subsection 11 of section 33.1-24-05-81 and Section 4 of
this AGREEMENT.
Section 6. TRUSTEE Management. The TRUSTEE shall invest and reinvest the principal
and income, in accordance with general investment policies and guidelines which the
GRANTOR may communicate in writing to the TRUSTEE from time to time, subject, however,
to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing
the FUND, the TRUSTEE shall discharge the trustee's duties with respect to the trust fund
solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under
the circumstances then prevailing which persons of prudence, acting in a like capacity and
familiar with such matters, would use in the conduct of an enterprise of a like character and
with like aims; except that:
(i) Securities or other obligations of the GRANTOR, or any other owner or operator of the
facilities, or any of their affiliates as defined in the Investment Company Act of 1940, as
amended, 15 U.S.C. 80a-2(a), shall not be acquired or held, unless they are securities or
other obligations of the federal or a state government;
(ii) The TRUSTEE is authorized to invest the FUND in time or demand deposits of the
TRUSTEE, to the extent insured by an agency of the federal or a state government; and
(iii) The TRUSTEE is authorized to hold cash awaiting investment or distribution uninvested
for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The TRUSTEE is expressly authorized in its
discretion:
(a) To transfer from time to time any or all of the assets of the FUND to any common,
commingled, or collective trust fund created by the TRUSTEE in which the FUND is
eligible to participate, subject to all of the provisions thereof, to be commingled with the
assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment
Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be created,
managed, underwritten, or to which investment advice is rendered or the shares of which
are sold by the TRUSTEE. The TRUSTEE may vote such shares in its discretion.

Section 8. Express Powers of TRUSTEE. Without in any way limiting the powers and
discretions conferred upon the TRUSTEE by the other provisions of this AGREEMENT or by
law, the TRUSTEE is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by
public or private sale. No person dealing with the TRUSTEE shall be bound to see to the
application of the purchase money or to inquire into the validity or expediency of any
such sale or other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents of transfer and
conveyance and any and all other instruments that may be necessary or appropriate to
carry out the powers herein granted;
(c) To register any securities held in the FUND in its own name or in the name of a nominee
and to hold any security in bearer form or in book entry, or to combine certificates
representing such securities with certificates of the same issue held by the TRUSTEE in
other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a
qualified central depositary even though, when so deposited, such securities may be
merged and held in bulk in the name of the nominee of such depositary with other
securities deposited therein by another person, or to deposit or arrange for the deposit of
any securities issued by the United States government, or any agency or instrumentality
thereof, with a federal reserve bank, but the books and records of the TRUSTEE shall at
all times show that all such securities are part of the FUND;
(d) To deposit any cash in the FUND in interest-bearing accounts maintained or savings
certificates issued by the TRUSTEE, in its separate corporate capacity, or in any other
banking institution affiliated with the TRUSTEE, to the extent insured by an agency of the
federal or state government; and
(e) To compromise or otherwise adjust all claims in favor of or against the FUND.
Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against
or in respect of the FUND and all brokerage commissions incurred by the FUND shall be paid
from the FUND. All other expenses incurred by the TRUSTEE in connection with the
administration of this trust, including fees for legal services rendered to the TRUSTEE, the
compensation of the TRUSTEE to the extent not paid directly by the GRANTOR, and all other
proper charges and disbursements to the TRUSTEE shall be paid from the FUND.
Section 10. Advice of Counsel. The TRUSTEE may from time to time consult with counsel,
who may be counsel to the GRANTOR, with respect to any question arising as to the
construction of this AGREEMENT or any action to be taken hereunder. The TRUSTEE shall
be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 11. TRUSTEE Compensation. The TRUSTEE shall be entitled to reasonable
compensation for its services as agreed upon in writing from time to time with the GRANTOR.
Section 12. Successor TRUSTEE. The TRUSTEE may resign or the GRANTOR may
replace the TRUSTEE, but such resignation or replacement shall not be effective until the
GRANTOR has appointed a successor TRUSTEE and this successor accepts the
appointment. The successor TRUSTEE shall have the same powers and duties as those
conferred upon the TRUSTEE hereunder. Upon the successor TRUSTEE'S acceptance of the
appointment, the TRUSTEE shall assign, transfer, and pay over to the successor TRUSTEE
the funds and properties then constituting the FUND. If for any reason the GRANTOR cannot
or does not act in the event of the resignation of the TRUSTEE, the TRUSTEE may apply to a
court of competent jurisdiction for the appointment of a successor TRUSTEE or for
instructions. The successor TRUSTEE shall specify the date on which it assumes

administration of the trust in a writing sent to the GRANTOR, the DEPARTMENT, and the
present TRUSTEE by certified mail ten days before such change becomes effective. Any
expenses incurred by the TRUSTEE as a result of any of the acts contemplated by this
section shall be paid as provided in Section 9.
Section 13. Instructions to the TRUSTEE. All orders, requests, certifications of valid claims,
and instructions to the TRUSTEE shall be in writing, signed by such persons as are
designated in the attached exhibit A, or such other designees as the GRANTOR may
designate by amendments to exhibit A. The TRUSTEE shall be fully protected in acting
without inquiry in accordance with the GRANTOR'S orders, requests, and instructions. The
TRUSTEE shall have the right to assume, in the absence of written notice to the contrary, that
no event constituting a change or a termination of the authority of any person to act on behalf
of the GRANTOR or the DEPARTMENT hereunder has occurred. The TRUSTEE shall have
no duty to act in the absence of such orders, requests, and instructions from the GRANTOR
and/or the DEPARTMENT, except as provided for herein.
Section 14. Amendment of AGREEMENT. This AGREEMENT may be amended by an
instrument in writing executed by the GRANTOR, the TRUSTEE and the DEPARTMENT, or by
the TRUSTEE and the DEPARTMENT if the GRANTOR ceases to exist.
Section 15. Irrevocability and Termination. Subject to the right of the parties to amend this
AGREEMENT as provided in Section 14, this trust shall be irrevocable and shall continue until
terminated at the written AGREEMENT of the GRANTOR, the TRUSTEE, and the
DEPARTMENT, or by the TRUSTEE and the DEPARTMENT, if the GRANTOR ceases to
exist. Upon termination of the trust, all remaining trust property, less final trust administration
expenses, shall be paid to the GRANTOR.
The DEPARTMENT will agree to termination of the trust when the owner or operator
substitutes alternative financial assurance as specified in this section.
Section 16. Immunity and Indemnification. The TRUSTEE shall not incur personal liability
of any nature in connection with any act or omission, made in good faith, in the administration
of this trust, or in carrying out any directions by the GRANTOR and the DEPARTMENT issued
in accordance with this AGREEMENT. The TRUSTEE shall be indemnified and saved
harmless by the GRANTOR or from the trust fund, or both, from and against any personal
liability to which the TRUSTEE may be subjected by reason of any act or conduct in its official
capacity, including all expenses reasonably incurred in its defense in the event the GRANTOR
fails to provide such defense.
Section 17. Choice of Law. This AGREEMENT shall be administered, construed, and
enforced according to the laws of the state of North Dakota.
Section 18. Interpretation. As used in this AGREEMENT, words in the singular include the
plural and words in the plural include the singular. The descriptive headings for each section of
this AGREEMENT shall not affect the interpretation or the legal efficacy of this AGREEMENT.
In Witness Whereof the parties have caused this AGREEMENT to be executed by their
respective officers duly authorized and their corporate seals to be hereunto affixed and
attested as of the date first above written. The parties below certify that the wording of this
AGREEMENT is identical to the wording specified in subsection 14 of section 33.1-24-05-81
as such regulations were constituted on the date first above written.
[Signature of GRANTOR]
[Title]
Attest:

[Title]
[Seal]
[Signature of TRUSTEE]
Attest:
[Title]
[Seal]
b. The following is an example of the certification of acknowledgment which must
accompany the TRUST AGREEMENT for a standby trust fund as specified in subsection 8 of
section 33.1-24-05-79. State requirements may differ on the proper content of this
acknowledgment.
State of ________________________
County of _______________________
On this [date], before me personally came [owner or operator] to me known, who, being
by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of
[corporation], the corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such instrument is such
corporate seal; that it was so affixed by order of the board of directors of said corporation, and
that she/he signed her/his name thereto by like order.
[Signature of notary public]
History: Effective January 1, 2019.
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
### § 33.1-24-05-82. [Reserved].

### § 33.1-24-05-83. [Reserved].

### § 33.1-24-05-84. [Reserved].

### § 33.1-24-05-85. [Reserved].

### § 33.1-24-05-86. [Reserved].

### § 33.1-24-05-87. [Reserved].

### § 33.1-24-05-88. [Reserved].

### § 33.1-24-05-89. Applicability of requirements for use and management of containers.

1. Sections 33.1-24-05-89 through 33.1-24-05-102 apply to owners and operators of all
hazardous waste facilities that store containers of hazardous waste, except as section

2. If a hazardous waste is emptied from a container, the residue remaining in the container is not
considered a hazardous waste if the container is "empty" as defined in section 33.1-24-02-07.
In that event, management of the container is exempt from the requirements of sections
History: Effective January 1, 2019; amended effective July 1, 2020.
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
### § 33.1-24-05-90. Condition of containers.

If a container holding hazardous waste is not in good condition (for example, severe rusting,
apparent structural defects) or if it begins to leak, the owner or operator shall transfer the hazardous
waste from this container to a container that is in good condition or manage the waste in some other
way that complies with the requirements of sections 33.1-24-05-01 through 33.1-24-05-190,
through 33.1-24-05-819.
History: Effective January 1, 2019.
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
### § 33.1-24-05-91. Compatibility of waste with containers.

The owner or operator must use a container made of or lined with materials which will not react
with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the
container to contain the waste is not impaired.
History: Effective January 1, 2019.
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
### § 33.1-24-05-92. Management of containers.

1. A container holding hazardous waste must always be closed during storage, except when it is
necessary to add or remove waste.
2. A container holding hazardous waste must not be opened, handled, or stored in a manner
which may rupture the container or cause it to leak.
History: Effective January 1, 2019.
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
### § 33.1-24-05-93. Inspections.

At least weekly, the owner or operator shall inspect areas where containers are stored, looking for
leaking containers and for deterioration of containers and the containment system caused by corrosion
or other factors. A logbook of these weekly inspections must be maintained.
History: Effective January 1, 2019.
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
### § 33.1-24-05-94. Containment.

1. Container storage areas must have a containment system that is designed and operated in
accordance with subsection 2, except as provided otherwise in subsection 3.

2. The 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.
Containers that do not contain free liquid need not be considered in this determination.
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.
e. Spilled or leaked waste 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.
3. Storage areas that store containers holding only wastes that do not contain free liquids need
not have a containment system defined by subsection 2, except as provided by subsection 4
or provided that:
a. The storage area is sloped or is otherwise designed and operated to drain and remove
liquid resulting from precipitation; or
b. The containers are elevated or are otherwise protected from contact with accumulated
liquid.
4. Storage areas that store containers holding the wastes listed below that do not contain free
liquids must have a containment system defined by subsection 2:
a. F020, F021, F022, F023, F026, and F027.
b. [Reserved].
History: Effective January 1, 2019.
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
### § 33.1-24-05-95. Special requirements for ignitable or reactive wastes.

Containers holding ignitable or reactive waste must be located at least fifteen meters [50 feet] from
the facility's property line.
History: Effective January 1, 2019.
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
### § 33.1-24-05-96. Special requirements for incompatible wastes.

1. Incompatible wastes, or incompatible wastes and materials, may not be placed in the same
container, unless subsection 2 of section 33.1-24-05-08 is complied with.

2. Hazardous waste must not be placed in an unwashed container that previously held an
incompatible waste or material.
3. A storage container holding a hazardous waste that is incompatible with any waste or other
material stored nearby in other containers, piles, open tanks, or surface impoundments must
be separated from the other materials or protected from them by means of a dike, berm, wall,
or other device.
History: Effective January 1, 2019.
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
### § 33.1-24-05-97. Closure.

At closure, all hazardous waste and hazardous waste residues must be removed from the
containment system. Remaining containers, liners, bases, and soil containing or contaminated with
hazardous waste or hazardous waste residues must be decontaminated or removed.
History: Effective January 1, 2019.
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
### § 33.1-24-05-98. Air emission standards.

The owner or operator shall manage all hazardous waste placed in a container in accordance with
the requirements of sections 33.1-24-05-400 through 33.1-24-05-474.
History: Effective January 1, 2019.
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
### § 33.1-24-05-99. [Reserved].

### § 33.1-24-05-100. [Reserved].

### § 33.1-24-05-101. [Reserved].

### § 33.1-24-05-102. [Reserved].

### § 33.1-24-05-103. Applicability of tank requirements.

The requirements of sections 33.1-24-05-103 through 33.1-24-05-117 apply to owners and
operators of facilities that use tank systems for storing or treating hazardous waste except as otherwise
provided in subsections 1, 2, and 3 or in section 33.1-24-05-01.
1. Tank systems that are used to treat or store hazardous waste which contains no free liquids
and are situated inside a building with an impermeable floor are exempted from the
requirements in section 33.1-24-05-106. To demonstrate the absence or presence of free
liquids in the stored, treated, or both, waste, the following test must be used: method 9095B
(paint filter liquids test) as described in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods", environmental protection agency publication SW-846, as
incorporated by reference in section 33.1-24-01-05.

2. Tank systems, including sumps, as defined in section 33.1-24-01-04, that serve as part of a
secondary containment system to collect or contain releases of hazardous wastes are
exempted from the requirements in subsection 1 of section 33.1-24-05-106.
3. Tanks, sumps, and other such collection devices or systems used in conjunction with drip
pads, as defined in section 33.1-24-01-04 and regulated under sections 33.1-24-05-501
through 33.1-24-05-524, must meet the requirements of sections 33.1-24-05-103 through
33.1-24-05-117.
History: Effective January 1, 2019.
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
### § 33.1-24-05-104. Assessment of existing tank system's integrity.

1. For each existing tank system that does not have secondary containment meeting the
requirements of section 33.1-24-05-106, the owner or operator shall determine that the tank
system is not leaking or is unfit for use. Except as provided in subsection 3, the owner or
operator shall obtain and keep on file at the facility a written assessment reviewed and
certified by a qualified professional engineer, in accordance with subsection 4 of section
33.1-24-06-03, that attests to the tank system's integrity by January 12, 1988.
2. This assessment must determine that the tank system is adequately designed and has
sufficient structural strength and compatibility with the wastes to be stored or treated, to
ensure that it will not collapse, rupture, or fail. At a minimum, the assessment must consider of
the following:
a. Design standards, if available, according to which the tank and ancillary equipment were
constructed;
b. Hazardous characteristics of the wastes 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 in accordance with
subsection 4 of section 33.1-24-06-03, that addresses cracks, leaks, corrosion, and
erosion.
Note: The practices described in the American petroleum institute publication, guide
for inspection of refinery equipment, chapter XIII, "Atmospheric and Low-Pressure
Storage Tanks", fourth edition, 1981, may be used, where applicable, as guidelines
in conducting other than a leak test.
3. Tank systems that store or treat materials that become hazardous waste subsequent to
July 14, 1986, must conduct this assessment within twelve months after the date that the
waste becomes a hazardous waste.

4. If, as a result of the assessment conducted in accordance with subsection 1, a tank system is
found to be leaking or unfit for use, the owner or operator shall comply with the requirements
of section 33.1-24-05-109.
History: Effective January 1, 2019.
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
### § 33.1-24-05-105. Design and installation of new tank systems or components.

1. Owners or operators of new tank systems or components shall obtain and submit to the
department, at time of submittal of part B application information, a written assessment,
reviewed and certified by a qualified professional engineer, in accordance with subsection 4 of
section 33.1-24-06-03, attesting that the tank system has sufficient structural integrity and is
acceptable for the storing and treating of hazardous waste. The assessment must show that
the foundation, structural support, seams, connections, and pressure controls (if applicable)
are adequately designed and that the tank system has sufficient structural strength,
compatibility with the wastes to be stored or treated, and corrosion protection to ensure that it
will not collapse, rupture, or fail. This assessment, which will be used by the department to
review and approve or disapprove the acceptability of the tank system design, must include, at
a minimum, the following information:
a. Design standards according to which tanks or the ancillary equipment, or both, are
constructed;
b. Hazardous characteristics of the waste to be handled;
c. For new tank systems or components in which the external shell of a metal tank or any
external metal component of the tank system will be in contact with the soil or with water,
a determination by a corrosion expert of:
(1) Factors affecting the potential for corrosion, including:
(a) Soil moisture content;
(b) Soil pH;
(c) Soil sulfides level;
(d) Soil resistivity;
(e) Structure to soil potential;
(f) Influence of nearby underground metal structures (for example, piping);
(g) Existence of stray electric current; and
(h) Existing corrosion protecting measures (for example, coating, cathodic
protection); and
(2) The type and degree of external corrosion protection that are needed to ensure the
integrity of the tank system during the use of the tank system or component,
consisting of one or more of the following:
(a) Corrosion-resistant materials of construction, such as special alloys, fiberglass
reinforced plastic, etc.;

(b) Corrosion-resistant coating (such as epoxy, fiberglass, etc.) with cathodic
protection (for example, impressed current or sacrificial anodes);
(c) Electrical isolation devices, such as insulating joints and flanges;
Note: The practices described in the national association of corrosion
engineers standard, "Recommended Practice (RP-02-85) Control of External
Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage
Systems", and the American petroleum institute publication 1632, "Cathodic
Protection of Underground Petroleum Storage Tanks and Piping Systems",
may be used, where applicable, as guidelines in providing corrosion protection
for tank systems.
(d) For underground tank system components that are likely to be adversely
affected by vehicular traffic, a determination of design or operational measures
that will protect the tank system against potential damage; and
(e) Design considerations to ensure that:
[1] Tank foundations will maintain the load of a full tank;
[2] Tank systems will be anchored to prevent floatation or dislodgment where
the tank system is placed in a saturated zone, or is located within a
seismic fault zone subject to the standards of subsection 1 of section
33.1-24-05-09; and
[3] Tank systems will withstand the effects of frost heave.
2. The owner or operator of a new tank system shall ensure that proper handling procedures are
adhered to in order to prevent damage to the system during installation. Prior to covering,
enclosing, or placing a new tank system or component in use, an independent, qualified
installation inspector or a qualified professional engineer, either of whom is trained and
experienced in the proper installation of tank systems or components, shall inspect the system
for the presence of any of the following items:
a. Weld breaks;
b. Punctures;
c. Scrapes of protective coating;
d. Cracks;
e. Corrosion; and
f. Other structural damage or inadequate construction or installation.
All discrepancies must be remedied before the tank system is covered, enclosed, or placed in
use.
3. New tank systems or components that are placed underground and that are backfilled must
be provided with a backfill material that is of a noncorrosive, porous, homogenous substance
and that is installed so that the backfill is placed completely around the tank and compacted to
ensure that the tank and piping are fully and uniformly supported.
4. All new tanks and ancillary equipment must be tested for tightness prior to being covered,
enclosed, or placed into use. If a tank system is found not to be tight, all repairs necessary to

remedy the leaks in the system must be performed prior to the tank system being covered,
enclosed, or placed into use.
5. Ancillary equipment must be supported and protected against physical damage and excessive
stress due to settlement, vibration, expansion, or contraction.
Note: The piping system installation procedures described in American petroleum institute
publication 1615 (November 1979), "Installation of Underground Petroleum Storage Systems",
or American national standards institute standard B31.3 "Petroleum Refinery Piping" and
American national standards institute standard B31.4, "Liquid Petroleum Transportation Piping
System", may be used where applicable, as guidelines for proper installation of piping
systems.
6. The owner or operator shall provide the type and degree of corrosion protection
recommended by an independent corrosion expert, based on information provided under
subdivision c of subsection 1 or other corrosion protection if the department believes other
corrosion protection is necessary to ensure the integrity of the tank system during use of the
tank system. Installation of a corrosion protection system that is field fabricated must be
supervised by an independent corrosion expert to ensure proper installation.
7. The owner or operator shall obtain and keep on file at the facility written statements by those
persons required to certify the design of the tank system and supervise the installation of the
tank system in accordance with the requirements of subsections 2 through 6, attesting that the
tank system was properly designed and installed and that repairs, pursuant to subsections 2
and 4 were performed. These written statements must also include the certification statement
as required in subsection 4 of section 33.1-24-06-03.
History: Effective January 1, 2019.
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
### § 33.1-24-05-106. Containment and detection of releases.

1. In order to prevent the release of hazardous waste or hazardous constituents to the
environment, secondary containment that meets the requirements of this section must be
provided (except as provided in subsections 6 and 7):
a. For all new and existing tank systems or components, prior to their being put into service.
b. For tank systems that store or treat materials that become hazardous wastes, within two
years of the hazardous waste listing, or when the tank system has reached fifteen years
of age, whichever comes later.
2. Secondary containment systems must be:
a. Designed, installed, and operated to prevent any migration of wastes 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.
3. To meet the requirements of subsection 2, secondary containment systems must be at a
minimum:
a. Constructed of or lined with materials that are compatible with the waste or wastes to be
placed in the tank system and must have sufficient strength and thickness to prevent

failure owing to pressure gradients (including static head and external hydrological
forces), physical contact with the waste to which it is exposed, climatic conditions, stress
of installation, and the stress of daily operation (including stresses from nearby vehicular
traffic);
b. Placed on a foundation or base capable of providing support to the secondary
containment system, resistance to pressure gradients above and below the system, and
capable of preventing failure due to settlement, compression, or uplift;
c. Provided with a leak-detection system that is designed and operated so that it will detect
the failure of either the primary or secondary containment structure or the presence of
any release of hazardous waste or accumulated liquid in the secondary containment
system within twenty-four hours, or at the earliest practicable time if the owner or
operator can demonstrate to the department that the existing detection technologies or
site conditions will not allow detection of a release within twenty-four hours; and
d. Sloped or otherwise designed or operated to drain and remove liquids resulting from
leaks, spills, or precipitation. Spilled or leaked waste and accumulated precipitation must
be removed from the secondary containment system within twenty-four hours, or in as
timely a manner as possible to prevent harm to human health and the environment, if the
owner or operator can demonstrate to the department that removal of the released waste
or accumulated precipitation cannot be accomplished within twenty-four hours. (Note: If
the collected material is a hazardous waste under chapter 33.1-24-02, it is subject to
management as a hazardous waste in accordance with all applicable requirements of
chapters 33.1-24-03 through 33.1-24-05. 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.)
4. Secondary containment for tanks must include one or more of the following devices:
a. A liner (external to the tank);
b. A vault;
c. A double-walled tank; or
d. An equivalent device as approved by the department.
5. In addition to the requirements of subsections 2, 3, and 4, secondary containment systems
must satisfy the following requirements:
a. External liner systems must be:
(1) Designed or operated to contain one hundred percent of the capacity of the largest
tank within its boundary;
(2) Designed or operated to prevent run-on or infiltration of precipitation into the
secondary containment system unless the collection system has sufficient excess
capacity to contain run-on or infiltration. Such additional capacity must be sufficient
to contain precipitation from a twenty-five-year, twenty-four-hour rainfall event;
(3) Free of cracks or gaps; and

(4) Designed and installed to surround the tank completely and to cover all surrounding
earth likely to come into contact with the waste if the waste is released from the
tanks (for example, capable of preventing lateral as well as vertical migration of the
waste).
b. Vault systems must be:
(1) Designed or operated to contain one hundred percent of the capacity of the largest
tank within its boundary;
(2) Designed or operated to prevent run-on or infiltration of precipitation into the
secondary containment system unless the collection system has sufficient excess
capacity to contain run-on or infiltration. Such additional capacity must be sufficient
to contain precipitation from a twenty-five-year, twenty-four-hour rainfall event;
(3) Constructed with chemical-resistant water stops in place at all joints (if any);
(4) Provided with an impermeable interior coating or lining that is compatible with the
stored waste and that will prevent migration of waste into the concrete;
(5) Provided with a means to protect against the formation of and ignition of vapors
within the vault, if the waste being stored or treated:
(a) Meets the definition of ignitable wastes under section 33.1-24-02-11; or
(b) Meets the definition of reactive wastes under section 33.1-24-02-13, and may
form an ignitable or explosive vapor; and
(6) Provided with an exterior moisture barrier or be otherwise designed or operated to
prevent migration of moisture into the vault if the vault is subject to hydraulic
pressure.
c. Double-walled tanks must be:
(1) Designed as an integral structure (for example, an inner tank completely enveloped
within an outer shell) so that any release from the inner tank is contained by the
outer shell;
(2) Protected, if constructed of metal, from both corrosion of the primary tank interior
and of the external surface of the outer shell; and
(3) Provided with a built-in continuous leak detection system capable of detecting a
release within twenty-four hours, or at the earliest practical time if the owner or
operator can demonstrate to the department, and the department concludes, that
the existing detection technology or site conditions would not allow detection with a
release within twenty-four hours. (Note: The provisions outlined in the steel tank
institute's "Standard for Dual Wall Underground Steel Storage Tanks" may be used
as guidelines for aspects of the design of underground steel double-walled tanks.)
6. Ancillary equipment must be provided with secondary containment (for example, trench,
jacketing, double-walled piping) that meets the requirements of subsections 2 and 3 except
for:
a. Aboveground piping (exclusive of flanges, joints, valves, and other connections) that are
visually inspected for leaks on a daily basis;
b. Welded flanges, welded joints, and welded connections that are visually inspected for
leaks on a daily basis;

c. Sealless or magnetic coupling pumps, and sealless valves, that are visually inspected for
leaks on a daily basis; and
d. Pressurized aboveground piping systems with automatic shutoff devices (for example,
excess flow check valves, flow metering shutdown devices, loss of pressure actuated
shutoff devices) that are visually inspected for leaks on a daily basis.
7. The owner or operator may obtain a variance from the requirements of this section if the
department finds, as a result of a demonstration by the owner or operator that alternative
design and operating practices, together with location characteristics, will prevent the
migration of any hazardous waste or hazardous constituent into the ground water; or surface
water at least as effectively as secondary containment during the active life of the tank system
or that in the event of a release that does migrate to ground water or surface water, no
substantial present or potential hazard will be posed to human health or the environment. New
underground tank systems may not, per a demonstration in accordance with subdivision b, be
exempted from secondary containment requirements of this section.
a. In deciding whether to grant a variance based on a demonstration of equivalent
protection of ground water and surface water, the department will consider:
(1) The nature and quantity of the wastes;
(2) The proposed alternate design and operation;
(3) The hydrogeologic setting of the facility, including the thickness of soils present
between the tank system and ground water; and
(4) All other factors that would influence the quality and mobility of the hazardous
constituents and the potential for them to migrate to ground water or surface water.
b. In deciding whether to grant a variance based on a demonstration of no substantial
present or potential hazard, the department will consider:
(1) The potential adverse effects on ground water, surface water, and land quality
taking into account:
(a) The physical and chemical characteristics of the waste in the tank system,
including its potential for migration;
(b) The hydrogeological characteristics of the facility and surrounding land;
(c) The potential for health risks caused by human exposure to waste
constituents;
(d) The potential for damage to wildlife, crops, vegetation, and physical structures
caused by exposure to waste constituents; and
(e) The persistence and permanence of potential adverse effects;
(2) The potential adverse effects of a release on ground water quality, taking into
account:
(a) The quantity and quality of ground water and the direction of ground water
flow;
(b) The proximity and withdrawal rates of ground water users;
(c) The current and future uses of ground water in the area; and

(d) The existing quality of ground water, including other sources of contamination
and their cumulative impact on the ground water quality;
(3) The potential adverse effects of a release on surface water quality, taking into
account:
(a) The quantity and quality of ground water and the direction of ground water
flow;
(b) The patterns of rainfall in the region;
(c) The proximity of the tank system to surface waters;
(d) The current and future uses of surface waters in the area and any water quality
standards established for those surface waters; and
(e) The existing quality of surface water, including other sources of contamination
and cumulative impact on surface water quality; and
(4) The potential adverse effects of a release on the land surrounding the tank system,
taking into account:
(a) The patterns of rainfall in the region; and
(b) The current and future uses of the surrounding land.
c. The owner or operator of a tank system, for which a variance from secondary
containment had been granted in accordance with the requirements of subdivision a, at
which a release of hazardous waste has occurred from the primary tank system, but has
not migrated beyond the zone of engineering control (as established in the variance),
must:
(1) Comply with the requirements of section 33.1-24-05-109, except subsection 4; and
(2) Decontaminate or remove contaminated soil to the extent necessary to:
(a) Enable the tank system for which the variance was granted to resume
operation with the capability for the detection of releases at least equivalent to
the capability it had prior to the release; and
(b) Prevent the migration of hazardous waste or hazardous constituents to ground
water or surface water; and
(3) If contaminated soil cannot be removed or decontaminated in accordance with
paragraph 2, comply with the requirements of subsection 2 of section
33.1-24-05-110.
d. The owner or operator of a tank system, for which a variance from secondary
containment had been granted in accordance with the requirements of subdivision a, at
which a release of hazardous waste has occurred from the primary tank system and has
migrated beyond the zone of engineering control (as established in the variance), shall:
(1) Comply with the requirements of subsections 1, 2, 3, and 4 of section
33.1-24-05-109;
(2) Prevent the migration of hazardous waste or hazardous constituents to ground
water or surface water, if possible, and decontaminate or remove contaminated soil.
If contaminated soil cannot be decontaminated or removed or if ground water has

been contaminated, the owner or operator shall comply with the requirements of
subsection 2 of section 33.1-24-05-110;
(3) If repairing, replacing, or reinstalling the tank system, provides secondary
containment in accordance with the requirements of subsections 1 through 6 or
reapply for a variance from the secondary containment and meet the requirements
for new tank systems in section 33.1-24-05-105 if the tank system is replaced. The
owner or operator shall comply with these requirements even if contaminated soil
can be decontaminated or removed and ground water or surface water has not
been contaminated.
8. The following procedures must be followed in order to request a variance from secondary
containment:
a. The department must be notified in writing by the owner or operator that the owner or
operator intends to conduct and submit a demonstration for a variance from secondary
containment as allowed in subsection 7 according to the following schedule:
(1) For existing tank systems, at least twenty-four months prior to the date that
secondary containment must be provided in accordance with subsection 1.
(2) For new tank systems, at least thirty days prior to entering into a contract for
installation.
b. As part of the notification, the owner or operator shall also submit to the department a
description of the steps necessary to conduct the demonstration and a timetable for
completing each of the steps. The demonstration must address each of the factors listed
in subdivision a or b of subsection 7;
c. The demonstration for a variance must be completed within one hundred eighty days
after notifying the department of an intent to conduct the demonstration; and
d. If the department intends to grant a variance under this section:
(1) The department will inform the public, through a newspaper notice, of the availability
of the demonstration for a variance. The notice shall be placed in a daily or weekly
major local newspaper of general circulation and shall provide at least thirty days
from the date of the notice for the public to review and comment on the
demonstration for a variance. The department also will hold a public hearing, in
response to a request or at the department's discretion, whenever such a hearing
might clarify one or more issues concerning the demonstration for a variance. Public
notice of the hearing will be given at least thirty days prior to the date of the hearing
and may be given at the same time as notice of the opportunity for the public to
review and comment on the demonstration. These two notices may be combined.
(2) The department will approve or disapprove the request for a variance within ninety
days of receipt of the demonstration from the owner or operator and will notify in
writing the owner or operator and each person who submitted written comments or
requested notice of the variance decision. If the demonstration for a variance is
incomplete or does not include sufficient information, the ninety-day time period will
begin when the department receives a complete demonstration, including all
information necessary to make a final determination. If the public comment period is
extended, the ninety-day time period will be similarly extended.
(3) If a variance is approved, the department will require the permittee to construct and
operate the tank system in the manner that was demonstrated to meet the
requirements for the variance.

9. All tank systems, until such time as secondary containment that meets the requirements of
this section is provided, must comply with the following:
a. For nonenterable underground tanks, a leak test that meets the requirements of
subdivision e of subsection 2 of section 33.1-24-05-104 must be conducted at least
annually.
b. For other than nonenterable underground tanks, the owner or operator shall either
conduct a leak test as in subdivision a or develop a schedule and procedure for an
assessment of the overall condition of the tank system by a qualified professional
engineer. The schedule and procedure must be adequate to detect obvious cracks,
leaks, and corrosion or erosion that may lead to cracks and leaks. The owner or operator
shall remove the stored waste from the tank, if necessary, to allow the condition of all
internal tank surfaces to be assessed. The frequency of these assessments must be
based on the material of construction of the tank and its ancillary equipment, the age of
the system, the type of corrosion or erosion protection used, the rate of corrosion or
erosion observed during the previous inspection, and the characteristics of the waste
being stored or treated.
c. For ancillary equipment, a leak test or other integrity assessment as approved by the
department must be conducted by a qualified professional engineer at least annually.
Note: The practices described in the American petroleum institute publication guide for
inspection of refinery equipment, chapter XIII, "Atmospheric and Low-Pressure Storage
Tanks", fourth edition 1981, may be used, where applicable, as guidelines for assessing
the overall condition of the tank system.
d. The owner or operator shall maintain on file at the facility a record of the results of the
assessments conducted in accordance with subdivisions a through c.
e. If a tank system or component is found to be leaking or unfit for use as a result of the
leak test or assessment in subdivisions a through c, the owner or operator shall comply
with the requirements of section 33.1-24-05-109.
History: Effective January 1, 2019.
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
### § 33.1-24-05-107. General operating requirements.

1. Hazardous waste 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 owner or operator shall 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.
3. The owner or operator shall comply with the requirements of section 33.1-24-05-109 if a leak
or spill occurs in the tank system.

History: Effective January 1, 2019.
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
### § 33.1-24-05-108. Inspections.

1. The owner or operator shall develop and follow a schedule and procedure for inspecting
overfill controls.
2. The owner or operator shall inspect at least once each operating day data gathered from
monitoring and leak detection equipment (for example, pressure or temperature gauges,
monitoring wells) to ensure that the tank system is being operated according to its design.
Note: Subsection 3 of section 33.1-24-05-06 requires the owner or operator to remedy any
deterioration or malfunction the owner or operator finds. Section 33.1-24-05-109 requires the
owner or operator to notify the department within twenty-four hours of confirming a leak. Also,
40 CFR 302 may require the owner or operator to notify the national response center of a
release.
3. In addition, except as noted under subsection 4, the owner or operator must inspect at least
once each operating day:
a. Aboveground portions of the tank system, if any, to detect corrosion or releases of waste.
b. The construction materials and the area immediately surrounding the externally
accessible portion of the tank system, including the secondary containment system (for
example, dikes) to detect erosion or signs of releases of hazardous waste (for example,
wet spots, dead vegetation).
4. Owners or operators of tank systems that either use leak detection systems to alert facility
personnel to leaks, or implement established workplace practices to ensure leaks are promptly
identified, must inspect at least weekly those areas described in subdivisions a and b of
subsection 3. Use of the alternate inspection schedule must be documented in the facility's
operating record. This documentation must include a description of the established workplace
practices at the facility.
5. Ancillary equipment that is not provided with secondary containment, as described in
subdivisions a through d of subsection 6 of section 33.1-24-05-106, must be inspected at least
once each operating day.
6. The owner or operator must inspect cathodic protection systems, if present, according to, at a
minimum, the following schedule to ensure that they are functioning properly:
a. The proper operation of the cathodic protection system must be confirmed within six
months after initial installation and annually thereafter; and
b. All sources of impressed current must be inspected or tested, or both, as appropriate, at
least bimonthly (for example, every other month).
Note: The practices described in the national association of corrosion engineers
standard, "Recommended Practice P-028-85 Control of External Corrosion on Metallic,
Buried, Partially Buried, or Submerged Liquid Storage Systems", and American
petroleum institute publication 1632, "Cathodic Protection of Underground Petroleum
Storage Tanks and Piping Systems", may be used where applicable, as guidelines in
maintaining and inspecting cathodic protection systems.

7. The owner or operator shall document in the operating record of the facility an inspection of
those items in subsections 1 through 3.
History: Effective January 1, 2019.
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
### § 33.1-24-05-109. Response to leaks or spills and disposition of leaking or unfit-for-use tank

systems.
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 owner or operator shall satisfy the
following requirements:
1. Cessation of use; prevent flow or addition of wastes. The owner or operator shall
immediately stop the flow of hazardous waste into the tank system or secondary containment
system and inspect the system to determine the cause of the release.
2. Removal of waste from tank system or secondary containment system.
a. If the release was from the tank system, the owner or operator shall, within twenty-four
hours after detection of the leak or, if the owner or operator demonstrates that it is not
possible, at the earliest practicable time, remove as much of the waste as is necessary to
prevent further release of hazardous waste 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.
3. Containment of visible releases to the environment. The owner or operator shall
immediately conduct a visual inspection of the release and, based upon that inspection:
a. Prevent further migration of leak or spill to soils or surface water; and
b. Remove, and properly dispose of, any visible contamination of the soil or surface water.
4. Notifications, reports.
a. Any release to the environment, except as provided in subdivision b, must be reported to
the department within twenty-four hours of its detection. The release should also be
reported pursuant to 40 CFR 302.
b. A leak or spill of hazardous waste is exempted from the requirements of this subsection if
it is:
(1) Less than or equal to a quantity of one pound; and
(2) Immediately contained and cleaned up.
c. Within thirty days of detection of a release to the environment, a report containing the
following information must be submitted to the department:
(1) Likely route of migration of the release;
(2) Characteristics of the surrounding soil (soil composition, geology, hydrogeology,
climate);

(3) Results of any monitoring or sampling conducted in connection with the release (if
available). If sampling or monitoring data relating to the release are not available
within thirty days, these data must be submitted to the department as soon as they
become available;
(4) Proximity to downgradient drinking water, surface water, and populated areas; and
(5) Description of response actions taken or planned.
5. Provision of secondary containment, repair, or closure.
a. Unless the owner or operator satisfies the requirements of subdivisions b through d, the
tank system must be closed in accordance with section 33.1-24-05-110.
b. If the cause of the release was a spill that has not damaged the integrity of the system,
the owner or operator may return the system to service as soon as the released waste is
removed and repairs, if necessary, are made.
c. If the cause of the release was a leak from the primary tank system into the secondary
containment system, the system must be repaired prior to returning the tank system to
service.
d. If the source of the release was a leak to the environment from a component of a tank
system without secondary containment, the owner or operator shall provide the
component of the system from which the leak occurred with secondary containment that
satisfies the requirements of section 33.1-24-05-106 before it can be returned to service
unless the source of the leak is an aboveground portion of a leak system that can be
inspected visually. If the source is an aboveground component that can be inspected
visually, the component must be repaired and may be returned to service without
secondary containment as long as the requirements of subsection 6 are satisfied. If a
component is replaced to comply with the requirements of this subdivision, that
component must satisfy the requirements for new tank systems or components in
sections 33.1-24-05-105 and 33.1-24-05-106. Additionally, if a leak has occurred in any
portion of a tank system component that is not readily accessible for visual inspection (for
example, the bottom of an inground or onground tank), the entire component must be
provided with secondary containment in accordance with section 33.1-24-05-106 prior to
being returned to use.
6. Certification of major repairs. If the owner or operator has repaired a tank system in
accordance with subsection 5, and the repair has been extensive (for example, installation of
an internal liner; repair of a ruptured primary containment or secondary containment vessel),
the tank system must not be returned to service unless the owner or operator has obtained a
certification by a qualified professional engineer in accordance with subsection 4 of section
release for the intended life of the system. This certification must be placed in the operating
record and maintained until closure of the facility.
History: Effective January 1, 2019.
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
### § 33.1-24-05-110. Closure and postclosure care.

1. At closure of a tank system, the owner or operator shall remove or decontaminate all waste
residues, contaminated containment system components (liners, etc.), contaminated soils,
and structures and equipment contaminated with waste, and manage them as a hazardous
waste, unless subsection 4 of section 33.1-24-02-03 applies. The closure plan, closure

activities, cost estimates for closure, and financial responsibility for tank systems must meet all
of the requirements specified in sections 33.1-24-05-59 through 33.1-24-05-88.
2. If the owner or operator demonstrates that not all contaminated soil can be practicably
removed or decontaminated as required in subsection 1, then the owner or operator shall
close the tank system and perform postclosure care in accordance with the closure and
postclosure care requirements that apply to landfills under section 33.1-24-05-180. In addition,
for the purposes of closure, postclosure, and financial responsibility, such a tank system is
then considered to be a landfill, and the owner or operator shall meet all the requirements for
landfills specified in sections 33.1-24-05-59 through 33.1-24-05-88.
3. If an owner or operator has a tank system that does not have secondary containment that
meets the requirements of subsections 2 through 6 of section 33.1-24-05-106 and has not
been granted a variance from the secondary containment requirements in accordance with
subsection 7 of section 33.1-24-05-106, then:
a. The closure plan for the tank system must include both a plan for complying with
subsection 1 and a contingent plan for complying with subsection 2;
b. A contingent postclosure plan for complying with subsection 2 must be prepared and
submitted as part of the permit application;
c. The cost estimates calculated for closure and postclosure care must reflect the cost of
complying with the contingent closure plan and the contingent postclosure plan, if those
costs are greater than the costs of complying with the closure plan prepared for the
expected closure under subsection 1;
d. Financial assurance must be based on the cost estimates in subdivision c; and
e. For the purposes of the contingent closure and postclosure plans, such a tank system is
considered to be a landfill, and the contingent plans must meet all of the closure,
postclosure, and financial responsibility requirements for landfills under sections
History: Effective January 1, 2019.
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
### § 33.1-24-05-111. Special requirements for ignitable or reactive waste.

1. Ignitable or reactive wastes may not be placed in tank systems, unless:
a. The waste is treated, rendered, or mixed before or immediately after placement in the
tank systems so that:
(1) The resulting waste, mixture, or dissolved material no longer meets the definition of
ignitable or reactive wastes under section 33.1-24-02-11 or 33.1-24-02-13; and
(2) Subsection 2 of section 33.1-24-05-08 is complied with;
b. The waste is stored or treated in such a way that it is protected from any material or
conditions that may cause the wastes to ignite or react; or
c. The tank system is used solely for emergencies.
2. The owner or operator of the facility where ignitable or reactive waste is stored or treated in a
tank shall comply with the requirements for the maintenance of protective distances between
the waste 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.
History: Effective January 1, 2019.
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
### § 33.1-24-05-112. Special requirements for incompatible wastes.

1. Incompatible wastes, or incompatible wastes and materials, may not be placed in the same
tank system, unless subsection 2 of section 33.1-24-05-08 is complied with.
2. Hazardous waste may not be placed in a tank system that has not been decontaminated and
that previously held an incompatible waste or material, unless subsection 2 of section
History: Effective January 1, 2019.
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
### § 33.1-24-05-113. Waste analysis and trial tests.

In addition to performing the waste analyses required by section 33.1-24-05-04, the owner or
operator shall, whenever a tank system is to be used to treat chemically or to store a hazardous waste
that is substantially different from waste previously treated or stored in that tank system or to be used to
treat chemically a hazardous waste with a substantially different process than any previously used in
that tank system:
1. Conduct waste analyses and trial treatment or storage tests (for example, bench scale or
pilot-plant scale tests); or
2. Obtain written, documented information on similar wastes under similar operating conditions to
show that the proposed treatment or storage will meet the requirements of subsection 1 of
section 33.1-24-05-107.
History: Effective January 1, 2019.
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
### § 33.1-24-05-114. Special requirements for generators of between one hundred and one

thousand kilograms per month that accumulate hazardous waste in tanks.
1. The requirements of this section apply to small quantity generators of more than one hundred
kilograms, but less than one thousand kilograms of hazardous waste in a calendar month, that
accumulate hazardous waste in tanks for less than one hundred eighty days (or two hundred
seventy days if the generator must ship the waste greater than two hundred miles), and do not
accumulate over six thousand kilograms onsite at any time.
2. Generators of between one hundred and one thousand kilograms per month hazardous waste
shall comply with the following general operating requirements:
a. Treatment or storage of hazardous waste in tanks must comply with subsection 2 of
section 33.1-24-05-08.

b. Hazardous wastes or treatment reagents may not be placed in a tank if they could cause
the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its
intended life.
c. Uncovered tanks must be operated to ensure at least sixty centimeters [2 feet] of
freeboard, unless the tank is equipped with a containment structure (for example, dike or
trench), a drainage control system, or a diversion structure (for example, standby tank)
with a capacity that equals or exceeds the volume of the top sixty centimeters [2 feet] of
the tank.
d. Where hazardous waste is continuously fed into a tank, the tank must be equipped with a
means to stop this inflow (for example, waste feed cutoff system or bypass system to a
standby tank).
Note: These systems are intended to be used in the event of a leak or overflow from the
tank due to a system failure (for example, a malfunction in the treatment process, a crack
in the tank, etc.).
3. Generators of between one hundred and one thousand kilograms per month accumulating
hazardous waste in tanks shall inspect, where present:
a. Discharge control equipment (for example, waste feed cutoff systems, bypass systems,
and drainage systems) at least once each operating day to ensure that it is in good
working order;
b. Data gathered from monitoring equipment (for example, pressure and temperature
gauges) at least once each operating day to ensure that the tank is being operated
according to its design;
c. The level of waste in the tank at least once each operating day to ensure compliance
with subdivision c of subsection 2;
d. The construction materials of the tank at least weekly to detect corrosion or leaking of
fixtures or seams; and
e. The construction materials of, and the area immediately surrounding, discharge
confinement structures (for example, dikes) at least weekly to detect erosion or obvious
signs of leakage (for example, wet spots or dead vegetation).
4. Generators of between one hundred and one thousand kilograms per month accumulating
hazardous waste in tanks must, upon closure of the facility, remove all hazardous waste from
tanks, discharge control equipment, and discharge confinement structures.
Note: At closure, as throughout the operating period, unless the owner or operator can
demonstrate, in accordance with subsection 3 or 4 of section 33.1-24-02-03 that any solid
waste removed from the owner's or operator's tank is not a hazardous waste, the owner or
operator becomes a generator of hazardous waste and shall manage it in accordance with all
applicable requirements of chapters 33.1-24-03 through 33.1-24-06.
5. Generators of between one hundred and one thousand kilograms per month shall comply with
the following special requirements for ignitable or reactive waste:
a. Ignitable or reactive waste may not be placed in a tank, unless:
(1) The waste is treated, rendered, or mixed before or immediately after placement in a
tank so that the resulting waste, mixture, or dissolution of material no longer meets

the definition of ignitable or reactive wastes under section 33.1-24-02-11 or
33.1-24-02-13, and subsection 2 of section 33.1-24-05-08 is complied with;
(2) The waste is stored or treated in such a way that it is protected from any material or
conditions that may cause the waste to ignite or react; or
(3) The tank is used solely for emergencies.
b. The owner or operator of a facility which treats or stores ignitable or reactive waste in
covered tanks shall comply with the buffer zone requirements for tanks contained 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.)
6. Generators of between one hundred and one thousand kilograms per month must comply with
the following special requirements for incompatible wastes:
a. Incompatible wastes, or incompatible wastes and materials, (see appendix III for
examples) may not be placed in the same tank, unless subsection 2 of section
b. Hazardous waste may not be placed in an unwashed tank which previously held an
incompatible waste or material unless subsection 2 of section 33.1-24-05-08 is complied
with.
History: Effective January 1, 2019.
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
### § 33.1-24-05-115. Air emission standards.

The owner or operator shall manage all hazardous waste placed in a tank in accordance with the
requirements of sections 33.1-24-05-400 through 33.1-24-05-474.
History: Effective January 1, 2019.
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
### § 33.1-24-05-116. [Reserved].

### § 33.1-24-05-117. [Reserved].

### § 33.1-24-05-118. Applicability of surface impoundment requirements.

Sections 33.1-24-05-118 through 33.1-24-05-129 apply to owners and operators of facilities that
use surface impoundments to treat, store, or dispose of hazardous waste, except as section
History: Effective January 1, 2019.
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
### § 33.1-24-05-119. Design and operating requirements.

1. Any surface impoundment that is not covered by subsection 3 must have a liner for all
portions of the impoundment (except for existing portions of such impoundments). The liner

must be designed, constructed, and installed to prevent any migration of wastes out of the
impoundment to the adjacent subsurface soil or ground water or surface water at any time
during the active life (including the closure period) of the impoundment. The liner may be
constructed of materials that may allow wastes to migrate into the liner (but not into adjacent
subsurface soil or ground water or surface water) during the active life of the facility, provided
that the impoundment is closed in accordance with subdivision a of subsection 1 of section
### § 33.1-24-05-122. For impoundments that will be closed in accordance with subdivision b of

subsection 1 of section 33.1-24-05-122, the liner must be constructed of materials that can
prevent wastes from migrating into the liner during the active life of the facility. The liner must
be:
a. Constructed of materials that have appropriate chemical properties and sufficient
strength and thickness to prevent failure due to pressure gradients (including static head
and external hydrogeologic forces), physical contact with the waste or leachate to which
they are exposed, climatic conditions, the stress of installation, and the stress of daily
operation;
b. Placed upon a foundation or base capable of providing support to the liner and
resistance to pressure gradients above and below the liner to prevent failure of the liner
due to settlement, compression, or uplift; and
c. Installed to cover all surrounding earth likely to be in contact with the waste or leachate.
2. The owner or operator may be exempted from the requirements of subsection 1 if the
department finds, based on a demonstration by the owner or operator, that alternate design
and operating practices, together with location characteristics, will prevent the migration of any
hazardous constituents (as defined in section 33.1-24-05-50) into the ground water or surface
water at any future time. In deciding whether to grant an exemption, the department will
consider:
a. The nature and quantity of the wastes;
b. The proposed alternate design and operation;
c. The hydrogeologic setting of the facility, including the attenuative capacity and thickness
of the liners and soils present between the impoundment and ground water or surface
water; and
d. All other factors which would influence the quality and mobility of the leachate produced
and the potential for it to migrate to ground water or surface water.
3. The owner or operator of each new surface impoundment unit on which construction
commences after January 29, 1992, each lateral expansion of a surface impoundment unit on
which construction commences after July 29, 1992, and each replacement of an existing
surface impoundment unit that is to commence reuse after July 29, 1992, must install two or
more liners and a leachate collection and removal system between such liners. "Construction
commences" is as defined in section 33.1-24-01-04 under "existing facility".
a. Liner.
(1) The liner system must include:
(a) A top liner designed and constructed of materials (for example, a
geomembrane) to prevent the migration of hazardous constituents into such
liner during the active life and postclosure care period; and

(b) A composite bottom liner, consisting of at least two components. The upper
component must be designed and constructed of materials (for example, a
geomembrane) to prevent the migration of hazardous constituents into this
component during the active life and postclosure care period. The lower
component must be designed and constructed of materials to minimize the
migration of hazardous constituents if a breach in the upper component were
to occur. The lower component must be constructed of at least three feet
[91.44 centimeters] of compacted soil material with a hydraulic conductivity of
no more than 1x10-7 centimeters per second.
(2) The liners must comply with subdivisions a, b, and c of subsection 1.
b. The leachate collection and removal system between the liners, and immediately above
the bottom composite liner in the case of multiple leachate collection and removal
systems, is also a leak detection system. This leak detection system must be capable of
detecting, collecting, and removing leaks of hazardous constituents at the earliest
practicable time through all areas of the top liner likely to be exposed to waste or
leachate during the active life and postclosure care period. The requirements for a leak
detection system in this subdivision are satisfied by installation of a system that is, at a
minimum:
(1) Constructed with a bottom slope of one percent or more;
(2) Constructed of granular drainage materials with a hydraulic conductivity of 1x10-1
centimeters per second or more and a thickness of twelve inches [30.5 centimeters]
or more; or constructed of synthetic or geonet drainage materials with a
transmissivity of 3x10-4 meters squared per second or more;
(3) Constructed of materials that are chemically resistant to the waste managed in the
surface impoundment and the leachate expected to be generated, and of sufficient
strength and thickness to prevent collapse under the pressures exerted by overlying
wastes and any waste cover materials or equipment used at the surface
impoundment;
(4) Designed and operated to minimize clogging during the active life and postclosure
care period; and
(5) Constructed with a sump or sumps and liquid removal methods (for example,
pumps) of sufficient size to collect and remove liquids from the sump and prevent
liquids from backing up into the drainage layer. Each unit must have its own sump or
sumps. The design of each sump and removal system must provide a method for
measuring and recording the volume of liquids present in the sump and of liquids
removed.
c. The owner or operator shall collect and remove pumpable liquids in the sumps to
minimize the head on the bottom liner.
d. The owner or operator of a leak detection system that is not located completely above
the seasonal high-water table must demonstrate that the operation of the leak detection
system will not be adversely affected by the presence of ground water.
4. The department may approve alternative design or operating practices to those specified in
subsection 3 if the owner or operator demonstrates to the department that such design and
operating practices, together with location characteristics:

a. Will prevent the migration of any hazardous constituent into the ground water or surface
water at least as effectively as the liners and leachate collection and removal system
specified in subsection 3; and
b. Will allow detection of leaks of hazardous constituents through the top liner at least as
effectively.
5. The double-liner requirement set forth in subsection 3 may be waived by the department for
any monofill, if:
a. The monofill contains only hazardous wastes from foundry furnace emission controls or
metal casting molding sand, and such wastes do not contain constituents which would
render the wastes hazardous for reasons other than the toxicity characteristic in section
33.1-24-02-14; and
b. The monofill meets the following:
(1) The monofill:
(a) Has at least one liner for which there is no evidence that such liner is leaking.
For the purposes of this paragraph, the term "liner" means a liner designed,
constructed, installed, and operated to prevent hazardous waste from passing
into the liner at any time during the active life of the facility, or a liner designed,
constructed, installed, and operated to prevent hazardous waste from
migrating beyond the liner to adjacent subsurface soil, ground water, or surface
water at any time during the active life of the facility. In the case of any surface
impoundment which has been exempted from the requirements of
subsection 3 on the basis of a liner designed, constructed, installed, and
operated to prevent hazardous waste from passing beyond the liner, at the
closure of such impoundment, the owner or operator must remove or
decontaminate all waste residues, all contaminated liner material, and
contaminated soil to the extent practicable. If all contaminated soil is not
removed or decontaminated, the owner or operator of such impoundment will
comply with appropriate postclosure requirements, including ground water
monitoring and corrective action;
(b) Is located more than one-quarter mile [.40 kilometer] from an "underground
source of drinking water" (as that term is defined in 40 CFR section 270.2); and
(c) Is in compliance with generally applicable ground water monitoring
requirements for facilities with hazardous waste permits under chapter
33.1-24-06; or
(2) The owner or operator demonstrates that the monofill is located, designed, and
operated so as to assure that there will be no migration of any hazardous
constituent into ground water or surface water at any future time.
6. The owner or operator of any replacement surface impoundment unit is exempt from
subsection 3 if:
a. The existing unit was constructed in compliance with the design standards of sections
the applicable requirements of subsection 5 of section 33.1-24-06-16; and
b. There is no reason to believe that the liner is not functioning as designed.

7. A surface impoundment must be designed, constructed, maintained, and operated to prevent
overtopping resulting from normal or abnormal operations; overfilling; wind and wave action;
rainfall; run-on; malfunctions of level controllers, alarms, and other equipment; and human
error.
8. A surface impoundment must have dikes that are designed, constructed, and maintained with
sufficient structural integrity to prevent massive failure of the dikes. In ensuring structural
integrity, it must not be presumed that the liner system will function without leakage during the
active life of the unit.
9. The department will specify in the permit all design and operating practices that are necessary
to ensure that the requirements of this section are satisfied.
History: Effective January 1, 2019.
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
### § 33.1-24-05-120. Monitoring and inspection.

1. During construction and installation, liners (except in the case of existing portions of surface
impoundments exempt from subsection 1 of section 33.1-24-05-119) and cover systems (for
example, membranes, sheets, or coatings) must be inspected for uniformity, damage, and
imperfections (for example, holes, cracks, thin spots, or foreign materials). Immediately after
construction or installation:
a. Synthetic liners and covers must be inspected to ensure tight seams and joints and the
absence of tears, punctures, or blisters; and
b. Soil-based and admixed liners and covers must be inspected for imperfections, including
lenses, cracks, channels, root holes, or other structural nonuniformities that may cause
an increase in the permeability of the liner or cover.
These inspections must be conducted by a qualified professional (for example, registered
professional engineer).
2. While a surface impoundment is in operation, it must be inspected weekly and after storms to
detect evidence of any of the following:
a. Deterioration, malfunctions, or improper operation of overtopping control systems;
b. Sudden drops in the level of the impoundments contents;
c. The presence of liquids in leak detection systems; and
d. Severe erosion or other signs of deterioration in dikes or other containment devices.
3. Prior to the issuance of a permit, and after any period of time greater than six months during
which the impoundment was not in service, the owner or operator shall obtain a certification
from a qualified engineer that the impoundment's dike, including that portion of any dike which
provides freeboard, has structural integrity. The certification must establish, in particular, that
the dike:
a. Will withstand the stress of the pressure exerted by the types and amounts of waste to
be placed in the impoundment; and
b. Will not fail due to scouring or piping, without dependence on any liner system included
in the surface impoundment construction.

4. An owner or operator required to have a leak detection system shall comply with the following:
a. An owner or operator required to have a leak detection system under subsection 3 or 4 of
section 33.1-24-05-119 must record the amount of liquids removed from each leak
detection system sump at least once each week during the active life and closure period.
b. After the final cover is installed, the amount of liquids removed from each leak detection
system sump must be recorded at least monthly. If the liquid level in the sump stays
below the pump operating level for two consecutive months, the amount of liquids in the
sumps must be recorded at least quarterly. If the liquid level in the sump stays below the
pump operating level for two consecutive quarters, the amount of liquids in the sumps
must be recorded at least semiannually. If at any time during the postclosure care period
the pump operating level is exceeded at units on quarterly or semiannual recording
schedules, the owner or operator must return to monthly recording of amounts of liquids
removed from each sump until the liquid level again stays below the pump operating
level for two consecutive months.
c. "Pump operating level" is a liquid level proposed by the owner or operator and approved
by the department based on pump activation level, sump dimensions, and level that
avoids backup into the drainage layer and minimizes head in the sump.
History: Effective January 1, 2019.
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
### § 33.1-24-05-121. Emergency repairs - Contingency plans.

1. A surface impoundment must be removed from service in accordance with subsection 2 when:
a. The level of liquids in the impoundment suddenly drops and the drop is not known to be
caused by changes in the flows into or out of the impoundment; or
b. The dike leaks.
2. When a surface impoundment must be removed from service as required by subsection 1, the
owner or operator shall:
a. Immediately shut off the flow or stop the addition of wastes into the impoundment;
b. Immediately contain any surface leakage which has occurred or is occurring;
c. Immediately stop the leak;
d. Take any other necessary steps to stop or prevent catastrophic failure;
e. If a leak cannot be stopped by any other means, empty the impoundment; and
f. Notify the department of the problem in writing within seven days after detecting the
problem.
3. As part of the contingency plan required in sections 33.1-24-05-26 through 33.1-24-05-36, the
owner or operator shall specify a procedure for complying with the requirements of
subsection 2.
4. No surface impoundment that has been removed from service in accordance with the
requirements of this section may be restored to service unless the portion of the impoundment
which was failing is repaired and the following steps are taken:

a. If the impoundment was removed from service as the result of actual or imminent dike
failure, the dike's structural integrity must be recertified in accordance with subsection 3
of section 33.1-24-05-120.
b. If the impoundment was removed from service as the result of a sudden drop in the liquid
level, then:
(1) For any existing portion of the impoundment, a liner must be installed in compliance
with subsection 1 of section 33.1-24-05-119; and
(2) For any other portion of the impoundment, the repaired liner system must be
certified by a qualified engineer as meeting the design specifications approved in
the permit.
5. A surface impoundment that has been removed from service in accordance with the
requirements of this section and that is not being repaired must be closed in accordance with
the provisions of section 33.1-24-05-122.
History: Effective January 1, 2019.
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
### § 33.1-24-05-122. Closure and postclosure care.

1. At closure, the owner or operator shall:
a. Remove or decontaminate all waste residues, contaminated containment system
components (liners, etc.), contaminated subsoils, and structures and equipment
contaminated with waste and leachate, and manage them as hazardous waste unless
subsection 4 of section 33.1-24-02-03 applies; or
b. Comply with the following:
(1) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes
and waste residues;
(2) Stabilize remaining wastes to a bearing capacity sufficient to support final cover;
and
(3) Cover the surface impoundment with a final cover designed and constructed to:
(a) Provide long-term minimization of the migration of liquids through the closed
impoundment;
(b) Function with minimum maintenance;
(c) Promote drainage and minimize erosion or abrasion of the final cover;
(d) Accommodate settling and subsidence so that the cover's integrity is
maintained; and
(e) Have a permeability less than or equal to the permeability of any bottom liner
system or natural subsoils present.
2. If some waste residues or contaminated materials are left in place at final closure, the owner
or operator shall comply with all postclosure requirements contained in sections 33.1-24-05-66
through 33.1-24-05-69, including maintenance and monitoring throughout the postclosure care
period (specified in the permit under section 33.1-24-05-66). The owner or operator shall:

a. Maintain the integrity and effectiveness of the final cover, including making repairs to the
cap as necessary to correct the effects of settling, subsidence, erosion, or other events;
b. Maintain and monitor the leak detection system in accordance with paragraph 4 of
subdivision b of subsection 3 of section 33.1-24-05-119, subdivision c of subsection 3 of
section 33.1-24-05-119, and subsection 4 of section 33.1-24-05-120, and comply with all
other applicable leak detection system requirements of sections 33.1-24-05-118 through
33.1-24-05-129;
c. Maintain and monitor the ground water monitoring system and comply with all other
applicable requirements of sections 33.1-24-05-47 through 33.1-24-05-58; and
d. Prevent run-on and runoff from eroding or otherwise damaging the final cover.
3. The owner or operator shall also meet the following requirements:
a. If an owner or operator plans to close a surface impoundment in accordance with
subdivision a of subsection 1, and the impoundment does not comply with the liner
requirements of subsection 1 of section 33.1-24-05-119 and is not exempt from them in
accordance with subsection 2 of that section, then:
(1) The closure plan for the impoundment under section 33.1-24-05-61 must include
both a plan for complying with subdivision a of subsection 1 and a contingent plan
for complying with subdivision b of subsection 1 in case not all contaminated
subsoils can be practicably removed at closure; and
(2) The owner or operator shall prepare a contingent postclosure plan under section
can be practicably removed at closure.
b. The cost estimates calculated under section 33.1-24-05-76 for closure and postclosure
care of an impoundment subject to this section must include the cost of complying with
the contingent closure plan and the contingent postclosure plan, but are not required to
include the cost of expected closure under subdivision a of subsection 1.
History: Effective January 1, 2019.
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
### § 33.1-24-05-123. Special requirements for ignitable or reactive waste.

Ignitable or reactive waste may not be placed in a surface impoundment, unless the waste and
impoundment satisfy all applicable requirements of sections 33.1-24-05-250 through 33.1-24-05-299;
and:
1. The waste is treated, rendered, or mixed before or immediately after placement in the
impoundment so that:
a. The resulting waste, mixture, or dissolution of material no longer meets the definition of
ignitable or reactive waste under section 33.1-24-02-11 or 33.1-24-02-13; and
b. Subsection 2 of section 33.1-24-05-08 is complied with; or
2. The waste is managed in such a way that it is protected from any material or conditions which
may cause it to ignite or react; or
3. The surface impoundment is used solely for emergencies.

History: Effective January 1, 2019.
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
### § 33.1-24-05-124. Special requirements for incompatible wastes.

Incompatible wastes, or incompatible wastes and materials (see appendix III for examples of
incompatible wastes and materials), may not be placed in the same surface impoundment, unless the
owner or operator complies with subsection 2 of section 33.1-24-05-08.
History: Effective January 1, 2019.
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
### § 33.1-24-05-125. Special requirements for hazardous wastes F020, F021, F022, F023, F026,

and F027.
1. Hazardous wastes F020, F021, F022, F023, F026, and F027 must not be placed in a surface
impoundment unless the owner or operator operates the surface impoundment in accordance
with a management plan for these wastes that is approved by the department pursuant to the
standards set out in this subsection, and in accordance, with all other applicable requirements
of 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. The
factors to be considered are:
a. The volume, physical, and chemical characteristics of the wastes, including their potential
to migrate through soil or volatilize or escape into the atmosphere;
b. The attenuative properties of underlying and surrounding soils or other materials;
c. The mobilizing properties of other materials codisposed with these wastes; and
d. The effectiveness of additional treatment, design, or monitoring techniques.
2. The department may determine that additional design, operating, and monitoring requirements
are necessary for surface impoundments managing hazardous wastes F020, F021, F022,
F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground
water, surface water, or air so as to protect human health and the environment.
History: Effective January 1, 2019.
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
### § 33.1-24-05-126. Action leakage rate.

1. The department shall approve an action leakage rate for surface impoundment units subject to
subsection 3 or 4 of section 33.1-24-05-119. The action leakage rate is the maximum design
flow rate that the leak detection system can remove without the fluid head on the bottom liner
exceeding one foot [.3048 meters]. The action leakage rate must include an adequate safety
margin to allow for uncertainties in the design (for example, slope, hydraulic conductivity,
thickness of drainage material), construction, operation, and location of the leak detection
system, waste and leachate characteristics, likelihood and amounts of other sources of liquids
in the leak detection system, and proposed response actions (for example, the action leakage
rate must consider decreases in the flow capacity of the system over time resulting from
siltation and clogging, rib layover and creep of synthetic components of the system,
overburden pressures, etc.).

2. To determine if the action leakage rate has been exceeded, the owner or operator must
convert the weekly or monthly flow rate from the monitoring data obtained under subsection 4
of section 33.1-24-05-120 to an average daily flow rate (gallons per acre per day) for each
sump. Unless the department approves a different calculation, the average daily flow rate for
each sump must be calculated weekly during the active life and closure period, and if the unit
is closed in accordance with subsection 2 of section 33.1-24-05-122, monthly during the
postclosure care period when monthly monitoring is required under subsection 4 of section
33.1-24-05-120.
History: Effective January 1, 2019.
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
### § 33.1-24-05-127. Response actions.

1. The owner or operator of surface impoundment units subject to subsection 3 or 4 of section
response action plan must set forth the actions to be taken if the action leakage rate has been
exceeded. At a minimum, the response action plan must describe the actions specified in
subsection 2.
2. If the flow rate into the leak detection system exceeds the action leakage rate for any sump,
the owner or operator must:
a. Notify the department in writing of the exceedance within seven days of the
determination;
b. Submit a preliminary written assessment to the department within fourteen days of the
determination, as to the amount of liquids, likely sources of liquids, possible location,
size, and cause of any leaks, and short-term actions taken and planned;
c. Determine to the extent practicable the location, size, and cause of any leak;
d. Determine whether waste receipt should cease or be curtailed; whether any waste
should be removed from the unit for inspection, repairs, or controls; and whether or not
the unit should be closed;
e. Determine any other short-term and longer-term actions to be taken to mitigate or stop
any leaks; and
f. Within thirty days after the notification that the action leakage rate has been exceeded,
submit to the department the results of the analyses specified in subdivisions c, d, and e;
the results of actions taken; and actions planned. Monthly thereafter, as long as the flow
rate in the leak detection system exceeds the action leakage rate, the owner or operator
must submit to the department a report summarizing the results of any remedial actions
taken and actions planned.
3. To make the leak or remediation determinations, or both, in subdivisions c, d, and e of
subsection 2, the owner or operator must:
a. Assess and conduct the following:
(1) Assess the source of liquids and amounts of liquids by source;
(2) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the
leak detection system to identify the source of liquids and possible location of any
leaks, and the hazard and mobility of the liquid; and

(3) Assess the seriousness of any leaks in terms of potential for escaping into the
environment; or
b. Document why such assessments are not needed.
History: Effective January 1, 2019.
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
### § 33.1-24-05-128. Air emission standards.

The owner or operator shall manage all hazardous waste placed in a surface impoundment in
accordance with the requirements of sections 33.1-24-05-420 through 33.1-24-05-474.
History: Effective January 1, 2019.
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
### § 33.1-24-05-129. [Reserved].

### § 33.1-24-05-130. Applicability of waste pile requirements.

1. Sections 33.1-24-05-130 through 33.1-24-05-143 apply to owners or operators of facilities that
store or treat hazardous waste in piles, except as section 33.1-24-05-01 provides otherwise.
2. Sections 33.1-24-05-130 through 33.1-24-05-143 do not apply to owners and operators of
waste piles that are closed with wastes left in place. Such waste piles are subject to regulation
under sections 33.1-24-05-176 through 33.1-24-05-190.
3. The owner or operator of any waste pile that is inside or under a structure that provides
protection from precipitation so that neither runoff nor leachate is generated is not subject to
regulation under section 33.1-24-05-131 or under sections 33.1-24-05-47 through
33.1-24-05-58, provided that:
a. Liquids or materials containing free liquids are not placed in the pile;
b. The pile is protected from surface water run-on by the structure or in some other manner;
c. The pile is designed and operated to control dispersal of the waste by wind, where
necessary, by means other than wetting; and
d. The pile will not generate leachate through decomposition or other reactions.
History: Effective January 1, 2019.
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
### § 33.1-24-05-131. Design and operating requirements.

1. A waste pile (except for an existing portion of a waste pile) must have:
a. A liner that is designed, constructed, and installed to prevent any migration of wastes out
of the pile into the adjacent subsurface soil or ground water or surface water at any time
during the active life (including the closure period) of the waste pile. The liner may be
constructed of materials that may allow waste to migrate into the liner itself (but not into
the adjacent subsurface soil or ground water or surface water) during the active life of the
facility. The liner must be:

(1) Constructed of materials that have appropriate chemical properties and sufficient
strength and thickness to prevent failure due to pressure gradients (including static
head and external hydrogeologic forces), physical contact with the waste or
leachate to which they are exposed, climatic conditions, the stress of installation,
and the stress of daily operation;
(2) Placed upon a foundation or base capable of providing support to the liner and
resistance to pressure gradients above and below the liner to prevent failure of the
liner due to settlement, compression, or uplift; and
(3) Installed to cover all surrounding earth likely to be in contact with the waste or
leachate; and
b. A leachate collection and removal system immediately above the liner that is designed,
constructed, maintained, and operated to collect and remove leachate from the pile. The
department will specify design and operating conditions in the permit to ensure that the
leachate depth over the liner does not exceed one foot [.3048 meters]. The leachate
collection and removal system must be:
(1) Constructed of materials that are:
(a) Chemically resistant to the waste managed in the pile and the leachate
expected to be generated; and
(b) Of sufficient strength and thickness to prevent collapse under the pressures
exerted by overlaying wastes, waste cover materials, and by any equipment
used at the pile; and
(2) Designed and operated to function without clogging through the scheduled closure
of the waste pile.
2. The owner or operator of each new waste pile unit, each lateral expansion of a waste pile unit,
and each replacement of an existing waste pile unit, must install two or more liners and a
leachate collection and removal system above and between such liners.
a. Liners.
(1) The liner system must include:
(a) A top liner designed and constructed of materials (for example, a
geomembrane) to prevent the migration of hazardous constituents into such
liner during the active life and postclosure care period; and
(b) A composite bottom liner, consisting of at least two components. The upper
component must be designed and constructed of materials (for example, a
geomembrane) to prevent the migration of hazardous constituents into this
component during the active life and postclosure care period. The lower
component must be designed and constructed of materials to minimize the
migration of hazardous constituents if a breach in the upper component were
to occur. The lower component must be constructed of at least three feet
[91.44 centimeters] of compacted soil material with a hydraulic conductivity of
no more than 1x10-7 centimeters per second.
(2) The liners must comply with paragraphs 1, 2, and 3 of subdivision a of subsection 1.
b. The leachate collection and removal system immediately above the top liner must be
designed, constructed, operated, and maintained to collect and remove leachate from the

waste pile during the active life and postclosure care period. The department will specify
design and operating conditions in the permit to ensure that the leachate depth over the
liner does not exceed one foot [.3048 meters]. The leachate collection and removal
system must comply with paragraphs 3 and 4 of subdivision c.
c. The leachate collection and removal system between the liners, and immediately above
the bottom composite liner in the case of multiple leachate collection and removal
systems, is also a leak detection system. This leak detection system must be capable of
detecting, collecting, and removing leaks of hazardous constituents at the earliest
practicable time through all areas of the top liner likely to be exposed to waste or
leachate during the active life and postclosure care period. The requirements for a leak
detection system in this subsection are satisfied by installation of a system that is, at a
minimum:
(1) Constructed with a bottom slope of one percent or more;
(2) Constructed of granular drainage materials with a hydraulic conductivity of 1x10-2
centimeters per second or more and a thickness of twelve inches [30.5 centimeters]
or more; or constructed of synthetic or geonet drainage materials with a
transmissivity of 3x10-5 square meters per second or more;
(3) Constructed of materials that are chemically resistant to the waste managed in the
waste pile and the leachate expected to be generated, and of sufficient strength and
thickness to prevent collapse under the pressures exerted by overlying wastes,
waste cover materials, and equipment used at the waste pile;
(4) Designed and operated to minimize clogging during the active life and postclosure
care period; and
(5) Constructed with sumps and liquid removal methods (for example, pumps) of
sufficient size to collect and remove liquids from the sump and prevent liquids from
backing up into the drainage layer. Each unit must have its own sump or sumps.
The design of each sump and removal system must provide a method for
measuring and recording the volume of liquids present in the sump and of liquids
removed.
d. The owner or operator shall collect and remove pumpable liquids in the leak detection
system sumps to minimize the head on the bottom liner.
e. The owner or operator of a leak detection system that is not located completely above
the seasonal high-water table must demonstrate that the operation of the leak detection
system will not be adversely affected by the presence of ground water.
3. The department may approve alternative design or operating practices to those specified in
subsection 2 if the owner or operator demonstrates to the department that such design and
operating practices, together with location characteristics:
a. Will prevent the migration of any hazardous constituent into the ground water or surface
water at least as effectively as the liners and leachate collection and removal systems
specified in subsection 2; and
b. Will allow detection of leaks of hazardous constituents through the top liner at least as
effectively.
4. Subsection 2 does not apply to monofills that are granted a waiver by the department in
accordance with subsection 5 of section 33.1-24-05-119.

5. The owner or operator of any replacement waste pile unit is exempt from subsection 2 if:
a. The existing unit was constructed in compliance with the design standards of sections
the applicable requirements of subsection 5 of section 33.1-24-06-16; and
b. There is no reason to believe that the liner is not functioning as designed.
6. The owner or operator will be exempted from the requirements of subsection 1, if the
department finds, based on a demonstration by the owner or operator, that alternate design
and operating practices, together with location characteristics, will prevent the migration of any
hazardous constituents (see section 33.1-24-05-50) into the ground water or surface water at
any future time. In deciding whether to grant an exemption, the department will consider:
a. The nature and quantity of the waste;
b. The proposed alternate design and operation;
c. The hydrogeologic setting of the facility, including attenuative capacity and thickness of
the liners and soils present between the pile and ground water or surface water; and
d. All other factors which would influence the quality and mobility of the leachate produced
and the potential for it to migrate to ground water or surface water.
7. The owner or operator must design, construct, operate, and maintain a run-on control system
capable of preventing flow onto the active portions of the pile during peak discharge from at
least a twenty-five-year storm.
8. The owner or operator must design, construct, operate, and maintain a runoff management
system to collect and control at least the water volume resulting from a twenty-four-hour,
twenty-five-year storm.
9. Collection and holding facilities (for example, tanks or basins) associated with run-on and
runoff control systems must be emptied or otherwise managed expeditiously after storms to
maintain design capacity of the system.
10. If the pile contains any particulate matter which may be subject to wind dispersal, the owner or
operator shall cover or otherwise manage the pile to control wind dispersal.
11. The department will specify in the permit all design and operating practices that are necessary
to ensure that the requirements of this section are satisfied.
History: Effective January 1, 2019.
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
### § 33.1-24-05-132. Monitoring and inspection.

1. During construction or installation, liners (except in the case of existing portions of piles
exempt from subsection 1 of section 33.1-24-05-131) and cover systems (for example,
membranes, sheets, or coatings) must be inspected for uniformity, damage, and
imperfections, for example, holes, cracks, thin spots, or foreign materials. Immediately after
construction or installation:
a. Synthetic liners and covers must be inspected to ensure tight seams and joints and the
absence of tears, punctures, or blisters; and

b. Soil-based and admixed liners and covers must be inspected for imperfections, including
lenses, cracks, channels, root holes, or other structural nonuniformities that may cause
an increase in the permeability of the liner or cover.
2. While a waste pile is in operation, it must be inspected weekly and after storms to detect
evidence of any of the following:
a. Deterioration, malfunctions, or improper operation of run-on and runoff control systems;
b. Proper functioning of wind dispersal control systems where present; and
c. The presence of leachate in and proper functioning of leachate collection and removal
systems, where present.
3. An owner or operator required to have a leak detection system under subsection 2 of section
sump at least once each week during the active life and closure period.
History: Effective January 1, 2019.
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
### § 33.1-24-05-133. Special requirements for ignitable or reactive wastes.

Ignitable or reactive waste may not be placed in a waste pile unless the waste or waste pile
satisfies all applicable requirements of sections 33.1-24-05-250 through 33.1-24-05-299.
1. The waste is treated, rendered, or mixed before or immediately after placement in the pile so
that:
a. The resulting waste, mixture, or dissolution of material no longer meets the definition of
ignitable or reactive waste under section 33.1-24-02-11 or 33.1-24-02-13; and
b. Subsection 2 of section 33.1-24-05-08 is complied with; or
2. The waste is managed in such a way that it is protected from any material or conditions which
may cause it to ignite or react.
History: Effective January 1, 2019.
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
### § 33.1-24-05-134. Special requirements for incompatible wastes.

1. Incompatible wastes, or incompatible wastes and materials, may not be placed in the same
pile unless subsection 2 of section 33.1-24-05-08 is complied with.
2. A pile of hazardous waste that is incompatible with any waste or other material stored nearby
in containers, other piles, open tanks, or surface impoundments must be separated from the
other material, or protected from them by means of a dike, berm, wall, or other device.
3. Hazardous waste must not be piled on the same base where incompatible wastes or materials
were previously piled, unless the base has been decontaminated sufficiently to ensure
compliance with subsection 2 of section 33.1-24-05-08.
History: Effective January 1, 2019.
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

### § 33.1-24-05-135. Closure and postclosure care.

1. At closure, the owner or operator must remove or decontaminate all waste residue,
contaminated containment system components (liners, etc.), contaminated subsoils, and
structures and equipment contaminated with waste and leachate, and manage them as
hazardous waste unless subsection 4 of section 33.1-24-02-03 applies.
2. If, after removing or decontaminating all residues and making all reasonable efforts to affect
removal or decontamination of contaminated components, subsoils, structures, and
equipment as required in subsection 1, the owner or operator finds that not all contaminated
subsoils can be practicably removed or decontaminated, the owner or operator shall close the
facility and perform postclosure care in accordance with the closure and postclosure care
requirements that apply to landfills (section 33.1-24-05-180).
3. In addition:
a. The owner or operator of a waste pile that does not comply with the liner requirements of
subdivision a of subsection 1 of section 33.1-24-05-131 and is not exempt from them in
accordance with subsection 3 of section 33.1-24-05-130 or subsection 6 of section
33.1-24-05-131, shall:
(1) Include in the closure plan for the pile under section 33.1-24-05-61 both a plan for
complying with subsection 1 and a contingent plan for complying with subsection 2
in case not all contaminated subsoil can be practicably removed at closure; and
(2) Prepare a contingent postclosure plan under section 33.1-24-05-67 for complying
with subsection 2 in case not all contaminated subsoil can be practicably removed
at closure.
b. The cost estimates calculated under section 33.1-24-05-76 for closure and postclosure
care of a pile subject to this subsection must include the cost of complying with the
contingent closure plan and the contingent postclosure plan, but are not required to
include the cost of expected closure under subsection 1.
History: Effective January 1, 2019.
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
### § 33.1-24-05-136. Special requirements for hazardous wastes F020, F021, F022, F023, F026,

and F027.
1. Hazardous wastes F020, F021, F022, F023, F026, and F027 must not be placed in waste
piles that are not enclosed (as defined in subsection 3 of section 33.1-24-05-130) unless the
owner or operator operates the waste pile in accordance with a management plan for these
wastes that is approved by the department pursuant to the standards set out in this subsection
and in accord with all other applicable requirements of 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. The factors to be considered
are:
a. The volume, physical, and chemical characteristics of the wastes, including their potential
to migrate through soil or to volatilize or escape into the atmosphere;
b. The attenuative properties of underlying and surrounding soils or other materials;
c. The mobilizing properties of other materials codisposed with these wastes; and

d. The effectiveness of additional treatment, design, or monitoring techniques.
2. The department may determine that additional design, operating, and monitoring requirements
are necessary for piles managing hazardous wastes F020, F021, F022, F023, F026, and
F027 in order to reduce the possibility of migration of these wastes to ground water, surface
water, or air so as to protect human health and the environment.
History: Effective January 1, 2019.
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
### § 33.1-24-05-137. Action leakage rate.

1. The department shall approve an action leakage rate for waste pile units subject to
subsection 2 or 3 of section 33.1-24-05-131. The action leakage rate is the maximum design
flow rate that the leak detection system can remove without the fluid head on the bottom liner
exceeding one foot [.3048 meters]. The action leakage rate must include an adequate safety
margin to allow for uncertainties in the design (for example, slope, hydraulic conductivity,
thickness of drainage material), construction, operation, and location of the leak detection
system, waste and leachate characteristics, likelihood and amounts of other sources of liquids
in the leak detection system, and proposed response actions (for example, the action leakage
rate must consider decreases in the flow capacity of the system over time resulting from
siltation and clogging, rib layover and creep of synthetic components of the system,
overburden pressures, etc.).
2. To determine if the action leakage rate has been exceeded, the owner or operator must
convert the weekly flow rate from the monitoring data obtained under subsection 3 of section
the department approves a different calculation, the average daily flow rate for each sump
must be calculated weekly during the active life and closure period.
History: Effective January 1, 2019.
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
### § 33.1-24-05-138. Response actions.

1. The owner or operator of waste pile units subject to subsection 2 or 3 of section
response action plan must set forth the actions to be taken if the action leakage rate has been
exceeded. At a minimum, the response action plan must describe the actions specified in
subsection 2.
2. If the flow rate into the leak detection system exceeds the action leakage rate for any sump,
the owner or operator must:
a. Notify the department in writing of the exceedance within seven days of the
determination;
b. Submit a preliminary written assessment to the department within fourteen days of the
determination, as to the amount of liquids, likely sources of liquids, possible location,
size, and cause of any leaks, and short-term actions taken and planned;
c. Determine to the extent practicable the location, size, and cause of any leak;

d. Determine whether waste receipt should cease or be curtailed; whether any waste
should be removed from the unit for inspection, repairs, or controls; and whether or not
the unit should be closed;
e. Determine any other short-term and long-term actions to be taken to mitigate or stop any
leaks; and
f. Within thirty days after the notification that the action leakage rate has been exceeded,
submit to the department the results of the analyses specified in subdivisions c, d, and e;
the results of actions taken; and actions planned. Monthly thereafter, as long as the flow
rate in the leak detection system exceeds the action leakage rate, the owner or operator
must submit to the department a report summarizing the results of any remedial actions
taken and actions planned.
3. To make the leak or remediation determinations, or both, in subdivisions c, d, and e of
subsection 2, the owner or operator must:
a. Assess and conduct the following:
(1) Assess the source of liquids and amounts of liquids by source;
(2) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the
leak detection system to identify the source of liquids and possible location of any
leaks, and the hazard and mobility of the liquid; and
(3) Assess the seriousness of any leaks in terms of potential for escaping into the
environment; or
b. Document why such assessments are not needed.
History: Effective January 1, 2019.
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
### § 33.1-24-05-139. [Reserved].

### § 33.1-24-05-140. [Reserved].

### § 33.1-24-05-141. [Reserved].

### § 33.1-24-05-142. [Reserved].

### § 33.1-24-05-143. [Reserved].

### § 33.1-24-05-144. Applicability of incinerator requirements.

1. Sections 33.1-24-05-144 through 33.1-24-05-159 apply to owners or operators of hazardous
waste incinerators, except as section 33.1-24-05-01 provides otherwise.
2. Integration of the maximum achievable control technology standards.
a. Except as provided by subdivisions b through d, the standards of sections
incineration unit that becomes subject to hazardous waste permit requirements after

October 12, 2005, or no longer apply when an owner or operator of an existing
hazardous waste incineration unit demonstrates compliance with the maximum
achievable control technology requirements of 40 CFR part 63, subpart EEE by
conducting a comprehensive performance test and submitting to the department a
notification of compliance under 40 CFR sections 63.1207(j) and 63.1210(d)
documenting compliance with the requirements of 40 CFR part 63, subpart EEE.
Nevertheless, even after this demonstration of compliance with the maximum achievable
control technology standards, hazardous waste permit conditions that were based on the
standards of 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
permit is terminated or revoked, unless the permit expressly provides otherwise.
b. The maximum achievable control technology standards do not replace the closure
requirements of section 33.1-24-05-151 or the applicable requirements of sections
33.1-24-05-474.
c. The particulate matter standard of subsection 3 of section 33.1-24-05-147 remains in
effect for incinerators that elect to comply with the alternative to the particulate matter
standard under 40 CFR sections 63.1206(b)(14) and 63.1219(e).
d. The following requirements remain in effect for startup, shutdown, and malfunction
events if a permittee elects to comply with paragraph 1 of subdivision a of subsection 1 of
section 33.1-24-06-100 to minimize emissions of toxic compounds from these events:
(1) Subsection 1 of section 33.1-24-05-149 requiring that an incinerator operate in
accordance with operating requirements specified in the permit; and
(2) Subsection 3 of section 33.1-24-05-149 requiring compliance with emission
standards and operating requirements during startup and shutdown if hazardous
waste is in the combustion chamber, except for particular hazardous wastes.
3. After consideration of the waste analysis included with the permit application, and unless the
department finds that the waste will pose a threat to human health or the environment when
burned in an incinerator, the department may, on a case-by-case basis, exempt the applicant
from some or all of the requirements of sections 33.1-24-05-144 through 33.1-24-05-159,
except sections 33.1-24-05-145 and 33.1-24-05-151 if:
a. The waste to be burned is hazardous (either listed in or fails the characteristic tests in
chapter 33.1-24-02) solely because it is:
(1) Ignitable, or corrosive, or both; or
(2) Reactive for characteristic other than those in subdivisions d and e of subsection 1
of section 33.1-24-02-13, and will not be burned when other hazardous wastes are
present in the combustion zone; and
b. The waste contains insignificant concentrations of the hazardous constituents listed in
appendix V of chapter 33.1-24-02.
4. The owner or operator of an incinerator may conduct trial burns subject only to the
requirements of subsection 2 of section 33.1-24-06-19.
5. If the waste to be burned is one which is described by subdivision a, b, c, or d of subsection 2
and contains insignificant concentrations of the hazardous constituents listed in appendix V of
chapter 33.1-24-02, then the department may, in establishing permit conditions, exempt the

applicant from all requirements of sections 33.1-24-05-144 through 33.1-24-05-159, except
sections 33.1-24-05-145 (waste analysis) and 33.1-24-05-151 (closure), after consideration of
the waste analysis included in the permit application, unless the department finds that the
waste will pose a threat to human health and the environment when burned in an incinerator.
History: Effective January 1, 2019.
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
### § 33.1-24-05-145. Waste analysis.

1. As a portion of the trial burn plan or with the permit application, the owner or operator shall
have included an analysis of the waste feed sufficient to provide all information required by
subdivision b of subsection 2 of section 33.1-24-06-19 or subdivision w of subsection 2 of
section 33.1-24-06-17. Owners and operators of new hazardous waste incinerators shall
provide the information required by subdivision c of subsection 2 of section 33.1-24-06-19 or
subdivision w of subsection 2 of section 33.1-24-06-17 to the greatest extent possible.
2. Throughout normal operation the owner or operator shall conduct sufficient waste analysis to
verify that waste feed to the incinerator is within the physical and chemical composition limit
specified in the permit (under subsection 2 of section 33.1-24-05-149).
History: Effective January 1, 2019.
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
### § 33.1-24-05-146. Designation of principal organic hazardous constituents.

1. Principal organic hazardous constituents in the waste feed must be treated to the extent
required by the performance standard specified in section 33.1-24-05-147.
2. Designation of principal organic hazardous constituents.
a. For each waste feed to be burned, one or more principal organic hazardous constituents
will be specified in the facility's permit from among those constituents listed in chapter
33.1-24-02, appendix V. This specification will be based on the degree of difficulty of
incineration of the organic constituents in the waste and on their concentration or mass in
the waste feed, considering the results of waste analysis and trial burns or alternative
data submitted with the facility's permit application. Organic constituents which represent
the greatest degree of difficulty of incineration will be those most likely to be designated
as principal organic hazardous constituents. Constituents are more likely to be
designated as principal organic hazardous constituents if they are present in large
quantities or concentrations in the waste.
b. Trial principal organic hazardous constituents will be designated for performance of trial
burns in accordance with the procedure for obtaining trial burn permits in subsection 2 of
section 33.1-24-06-19.
History: Effective January 1, 2019.
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
### § 33.1-24-05-147. Performance standards.

An incinerator burning hazardous waste must be designed, constructed, and maintained so that
when operated in accordance with operating requirements specified under section 33.1-24-05-149 it
will meet the following performance standards:

1. a. Except as provided in subdivision b, an incinerator burning hazardous waste must
achieve a destruction and removal efficiency of ninety-nine and ninety-nine one
hundredths percent for each principal organic hazardous constituent designated (under
section 33.1-24-05-146) in its permit for each waste feed. The destruction and removal
efficiency is determined for each principal organic hazardous constituent from the
following equation:
where:
W = mass feed rate of one principal organic constituent in the waste stream feeding the
in
incinerator, and
W = mass emission rate of the same principal organic hazardous constituent present in
out
exhaust emissions prior to release to the atmosphere.
b. An incinerator burning wastes F020, F021, F022, F023, F026, or F027 must achieve a
destruction and removal efficiency of ninety-nine and nine thousand nine hundred and
ninety-nine ten thousandths percent for each principal organic hazardous constituent
designated (under section 33.1-24-05-146) in its permit. This performance must be
demonstrated on principal organic hazardous constituents that are more difficult to
incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans.
Destruction and removal efficiency is determined for each principal organic hazardous
constituent from the equation in subdivision a.
2. An incinerator burning hazardous waste and producing stack emissions of more than one and
eight-tenths kilograms per hour [4 pounds per hour] of hydrogen chloride must control
hydrogen chloride emissions such that the rate of emission is no greater than the larger of
either one and eight-tenths kilograms per hour or one percent of the hydrogen chloride in the
stack gas prior to entering any pollution control equipment.
3. An incinerator burning hazardous waste must not emit particulate matter in excess of one
hundred eighty milligrams per dry standard cubic meter [0.08 grains per dry standard cubic
foot] when corrected for the amount of oxygen in the stack gas according to the formula:
where:
P = the corrected concentration of particulate matter,
P = the measured concentration of particulate matter, and
Y = the measured concentration of oxygen in the stack gas using the Orsat method for oxygen
analysis of dry flue gas presented in 40 CFR, part 60, appendix A (method 3) of the federal air
pollution control regulations.

This correction procedure is to be used by all hazardous waste incinerators except those
operating under conditions of oxygen enrichment. For these facilities, the department will
select an appropriate correction procedure to be specified in the facility permit.
4. For purposes of permit enforcement, compliance with the operating requirements specified in
the permit under section 33.1-24-05-149 will be regarded as compliance with this section.
However, evidence that compliance with those permit conditions is insufficient to ensure
compliance with the performance requirements of this section may be "information" justifying
modification, revocation, or reissuance of a permit under section 33.1-24-06-12.
History: Effective January 1, 2019.
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
### § 33.1-24-05-148. Hazardous waste incinerator permits.

1. The owner or operator of a hazardous waste incinerator may burn only waste specified in the
permit and only under operating conditions specified for those wastes under section
33.1-24-05-149, except:
a. In approved trial burns under subsection 2 of section 33.1-24-06-19; or
b. Under exemptions created by section 33.1-24-05-144.
2. Other hazardous wastes may be burned only after operating conditions have been specified in
a new permit or a permit modification as applicable. Operating requirements for new wastes
may be based on either trial burn results or alternative data included with the permit
application under subdivision w of subsection 2 of section 33.1-24-06-17.
3. The permit for a new hazardous waste incinerator must establish appropriate conditions for
each of the applicable requirements of sections 33.1-24-05-144 through 33.1-24-05-159,
including allowable waste feeds and operating conditions necessary to meet the requirements
of section 33.1-24-05-149, sufficient to comply with the following standards:
a. For the period beginning with initial introduction of hazardous waste to the incinerator
and ending with initiation of the trial burn, and only for the minimum time required to
establish operating conditions required in subdivision b of this subsection, not to exceed
a duration of seven hundred twenty hours operating time for treatment of hazardous
waste, the operating requirements must be those most likely to ensure compliance with
the performance standards of section 33.1-24-05-147, based on the department's
engineering judgment. The department may extend the duration of this period once for
up to seven hundred twenty additional hours when good cause for the extension is
demonstrated by the applicant.
b. For the duration of the trial burn the operating requirements must be sufficient to
demonstrate compliance with the performance standards of section 33.1-24-05-147 and
must be in accordance with the approved trial burn plan.
c. For the period immediately following completion of the trial burn and only for the
minimum period sufficient to allow sample analysis, data computation, and submission of
the trial burn results by the applicant, and review of the trial burn results and modification
of the facility permit by the department, the operating requirements must be those most
likely to ensure compliance with performance standards of section 33.1-24-05-147 based
on the department's engineering judgment.
d. For the remaining duration of the permit, the operating requirements must be those
demonstrated in a trial burn or by alternative data specified in paragraph 3 of

subdivision w of subsection 2 of section 33.1-24-06-17 as sufficient to ensure compliance
with the performance standards of section 33.1-24-05-147.
History: Effective January 1, 2019.
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
### § 33.1-24-05-149. Operating requirements.

1. An incinerator must be operated in accordance with operating requirements specified in the
permit. These will be specified on a case-by-case basis as those demonstrated (in a trial burn
or in alternative data as specified in subsection 2 of section 33.1-24-05-148 and included with
a facility's permit application) to be sufficient to comply with the performance standards of
section 33.1-24-05-147.
2. Each set of operating requirements will specify the composition of the waste feed (including
acceptable variations in the physical or chemical properties of the waste feed which will not
affect compliance with the performance requirement of section 33.1-24-05-147) to which the
operating requirements apply. For each such waste feed, the permit will specify acceptable
operating limits including the following conditions:
a. Carbon monoxide level in the stack exhaust gas;
b. Waste feed rate;
c. Combustion temperature;
d. An appropriate indicator of combustion gas velocity;
e. Allowable variation in incinerator system design or operating procedures; and
f. Such operating requirements as are necessary to ensure that the performance standards
of section 33.1-24-05-147 are met.
3. During startup and shutdown of an incinerator, hazardous waste (except waste exempted in
accordance with section 33.1-24-05-144) may not be fed into the incinerator unless the
incinerator is operating within the conditions of operation, (temperature, air feed rate, etc.)
specified in the permit.
4. Fugitive emissions from the combustion zone must be controlled by:
a. Keeping the combustion zone totally sealed against fugitive emissions;
b. Maintaining a combustion zone pressure lower than atmospheric pressure; or
c. An alternate means of control demonstrated (with the permit application) to provide
fugitive emissions control equivalent to maintenance of combustion zone pressure lower
than atmospheric pressure.
5. An incinerator must be operated with a functioning system to automatically cut off waste feed
to the incinerator when operating conditions deviate from limits established under
subsection 1.
6. An incinerator must cease operation when changes in waste feed, incinerator design, or
operating conditions exceed limits designated in its permit.
History: Effective January 1, 2019.
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
### § 33.1-24-05-150. Monitoring and inspections.

1. The owner or operator shall conduct, at a minimum, the following monitoring while incinerating
hazardous waste:
a. Combustion temperature, waste feed rate, and the indicator of combustion gas velocity
specified in the permit must be monitored on a continuous basis;
b. Carbon monoxide must be monitored on a continuous basis at a point in the incinerator
downstream of the combustion zone and prior to release to the atmosphere; and
c. Upon request by the department, sampling and analysis of the waste and exhaust
emissions must be conducted to verify that the operating requirements established in the
permit achieve the performance standards of section 33.1-24-05-147.
2. The incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) must be
completely inspected at least daily for leaks, spills, fugitive emissions, and signs of tampering.
3. The emergency waste feed cutoff system and associated alarms must be tested at least
weekly to verify operability, unless the applicant demonstrates to the department that weekly
inspections will unduly restrict or upset operations and that less frequent inspection will be
adequate. At a minimum, operational testing must be conducted monthly.
4. This monitoring and inspection data must be recorded and the records must be placed in the
operating record required by section 33.1-24-05-40 and maintained in the operating record for
five years.
History: Effective January 1, 2019.
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
### § 33.1-24-05-151. Closure.

At closure the owner or operator shall remove all hazardous waste and hazardous waste residues
(including ash, scrubber waters, and scrubber sludges) from the incinerator site.
History: Effective January 1, 2019.
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
### § 33.1-24-05-152. [Reserved].

### § 33.1-24-05-153. [Reserved].

### § 33.1-24-05-154. [Reserved].

### § 33.1-24-05-155. [Reserved].

### § 33.1-24-05-156. [Reserved].

### § 33.1-24-05-157. [Reserved].


### § 33.1-24-05-158. [Reserved].

### § 33.1-24-05-159. [Reserved].

### § 33.1-24-05-160. Applicability of land treatment requirements.

Sections 33.1-24-05-160 through 33.1-24-05-175 apply to owners and operators of facilities that
treat or dispose of hazardous waste in land treatment units, except as section 33.1-24-05-01 provides
otherwise.
History: Effective January 1, 2019.
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
### § 33.1-24-05-161. Treatment program.

1. An owner or operator subject to sections 33.1-24-05-160 through 33.1-24-05-175 shall
establish a land treatment program that is designed to ensure that hazardous constituents
placed in or on the treatment zone are degraded, transformed, or immobilized within the
treatment zone. The department will specify in the facility permit the elements of the treatment
program, including:
a. The wastes that are capable of being treated at the unit based on a demonstration under
section 33.1-24-05-162;
b. Design measures and operating practices necessary to maximize the success of
degradation, transformation, and the immobilization processes in the treatment zone in
accordance with subsection 1 of section 33.1-24-05-163; and
c. Unsaturated zone monitoring provisions meeting the requirements of section
33.1-24-05-165.
2. The department will specify in the facility permit the hazardous constituents that must be
degraded, transformed, or immobilized under sections 33.1-24-05-160 through
### § 33.1-24-05-175. Hazardous constituents are constituents identified in appendix V of chapter

treatment zone.
3. The department will specify the vertical and horizontal dimensions of the treatment zone in the
facility permit. The treatment zone is the portion of the unsaturated zone below and including
the land surface in which the owner or operator intends to maintain the conditions necessary
for effective degradation, transformation, or immobilization of hazardous constituents. The
maximum depth of the treatment zone must be:
a. No more than one and five-tenths meters [5 feet] from the initial soil surface; and
b. More than one meter [3 feet] above the seasonal high-water table.
History: Effective January 1, 2019.
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

### § 33.1-24-05-162. Treatment demonstration.

1. For each waste that will be applied to the treatment zone, the owner or operator shall
demonstrate prior to application of the waste that hazardous constituents in the waste can be
completely degraded, transformed, or immobilized in the treatment zone.
2. In making this demonstration, the owner or operator may use field tests, laboratory analyses,
available data, or, in the case of existing units, operating data. If the owner or operator intends
to conduct field tests or laboratory analyses in order to make the demonstration required
under subsection 1 the owner or operator shall obtain a treatment or disposal permit under
subsection 3 of section 33.1-24-06-19. The department will specify in this permit the testing,
analytical, design, and operating requirements (including the duration of the tests and
analyses, and, in the case of field tests, the horizontal and vertical dimensions of the
treatment zone, monitoring procedures, closure and cleanup activities) necessary to meet the
requirements in subsection 3.
3. Any field test or laboratory analysis conducted in order to make a demonstration under
subsection 1 must:
a. Accurately simulate the characteristics and operating conditions for the proposed land
treatment unit including:
(1) The characteristics of the waste (including the presence of constituents in
appendix V of chapter 33.1-24-02);
(2) The climate of the area;
(3) The topography of the surrounding area;
(4) The characteristics of the soil in the treatment zone (including depth); and
(5) The operating practices to be used at the unit.
b. Be likely to show that hazardous constituents in the waste to be tested will be completely
degraded, transformed, or immobilized in the treatment zone of the proposed land
treatment unit; and
c. Be conducted in a manner that protects human health and the environment considering:
(1) The characteristics of the waste to be tested;
(2) The operating and monitoring measures to be taken during the course of the test;
(3) The duration of the tests;
(4) The volume of waste used in the test; and
(5) In the case of field tests, the potential for the migration of hazardous constituents to
ground water or surface water.
History: Effective January 1, 2019.
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
### § 33.1-24-05-163. Design and operating requirements.

The department will specify in the facility permit how the owner or operator will design, construct,
operate, and maintain the land treatment unit in compliance with this section.

1. The owner or operator shall design, construct, and maintain the unit to maximize the
degradation, transformation, and immobilization of hazardous constituents in the treatment
zone. The owner or operator shall design, construct, operate, and maintain the unit in
accordance with all design and operating conditions that were used in the treatment
demonstration under section 33.1-24-05-162. At a minimum, the department will specify the
following in the facility permit:
a. The rate and method of waste application to the treatment zone;
b. Measures to control soil pH;
c. Measures to enhance microbial or chemical reaction, for example, fertilization, tilling; and
d. Measures to control the moisture content of the treatment zone.
2. The owner or operator shall design, construct, operate, and maintain the treatment zone to
minimize runoff from hazardous constituents during the active life of the land treatment unit.
3. The owner or operator shall design, construct, operate, and maintain a run-on control system
capable of preventing flow onto the treatment zone during peak discharge from at least a
twenty-five-year storm.
4. The owner or operator shall design, construct, operate, and maintain a runoff management
system to collect and control at least the water volume resulting from a twenty-four-hour,
twenty-five-year storm.
5. Collection and holding facilities, for example, tanks or basins, associated with the run-on and
runoff control systems must be emptied or otherwise managed expeditiously after storms to
maintain the design capacity of the system.
6. If the treatment zone contains particulate matter which may be subject to wind dispersal, the
owner or operator shall manage the unit to control wind dispersal.
7. The owner or operator shall inspect the unit weekly and after storms to detect evidence of:
a. Deterioration, malfunctions, or improper operation of run-on or runoff control systems;
and
b. Improper functioning of wind dispersal control measures.
History: Effective January 1, 2019.
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
### § 33.1-24-05-164. Food chain crops.

The department may allow the growth of food chain crops in or on the treatment zone only if the
owner or operator satisfies the conditions of this section. The department will specify in the facility
permit the specific food chain crops which may be grown.
1. The owner or operator shall demonstrate that there is no substantial risk to human health
caused by the growth of such crops in or on the treatment zone by demonstrating, prior to the
planting of such crops, that hazardous constituents other than cadmium:
a. Will not be transferred to the food or feed portions of the crop by plant uptake or direct
contact and will not otherwise be ingested by food chain animals, for example, by
grazing; or

b. Will not occur in greater concentrations in or on the food or feed portions of crops grown
on the treatment zone than in or on identical portions of the same crops grown on
untreated soils under similar conditions in the same region.
2. The owner or operator shall make the demonstration required by subsection 1 prior to the
planting of crops at the facility for all constituents identified in appendix V of chapter
treatment zone.
3. In making a demonstration under subsection 1, the owner or operator may use field tests,
greenhouse studies, available data, or in the case of existing units, operating data, and shall:
a. Base the demonstration on conditions similar to those present in the treatment zone,
including soil characteristics (for example, pH, cation exchange capacity), specific
wastes, application rates, application methods, and crops to be grown;
b. Describe the procedures used in conducting any tests, including the sample collection
criteria, sample size, analytical methods, and statistical procedures.
4. If the owner or operator intends to conduct field tests or greenhouse studies in order to make
the demonstration required under subsection 1, the owner or operator shall obtain a permit for
conducting such activities.
5. The owner or operator shall comply with the conditions of either subdivision a or b if cadmium
is contained in wastes applied to the treatment zone:
a. The following condition must be met:
(1) The pH of the waste and soil mixture must be 6.5 or greater at the time of each
waste application, except for wastes containing cadmium in concentrations of two
milligrams per kilogram (dry weight) or less;
(2) The annual application of cadmium from waste must not exceed five-tenths kilogram
per hectare on land used for production of tobacco, leafy vegetables, or root crops
grown for human consumption. For other food chain crops the annual cadmium rate
may not exceed:
(a) Two kilograms per hectare through June 30, 1984;
(b) One and twenty-five-hundredths kilograms per hectare during the period from
July 1, 1984, through December 31, 1986; or
(c) Five-tenths kilogram per hectare on and after January 1, 1987; and
(3) The cumulative application rate of cadmium from waste must not exceed five
kilograms per hectare if the waste and soil mixture has a pH of less than 6.5; and
(4) If the waste and soil mixture has a pH of 6.5 or greater and is maintained at a pH of
6.5 or greater during crop growth, the cumulative application of cadmium from waste
must not exceed five kilograms per hectare if soil cation exchange capacity is less
than five milliequivalents per one hundred grams, ten kilograms per hectare if soil
cation exchange capacity is five to fifteen milliequivalents per one hundred grams,
and twenty kilograms per hectare if soil cation exchange capacity is greater than
fifteen milliequivalents per one hundred grams.
b. The following conditions must be met:
(1) Animal feed must be the only food chain crop produced;

(2) The pH of the waste and soil mixture must be 6.5 or greater at the time of waste
application or at the time the crop is planted, whichever occurs later, and this pH
level must be maintained whenever food chain crops are grown;
(3) There must be an operating plan which demonstrates how the animal feed will be
distributed to preclude ingestion by humans. The operating plan must describe the
measures to be taken to safeguard against the possible health hazards from
cadmium entering the food chain which may result from alternative land uses; and
(4) Future property owners must be notified by stipulation in the land record or property
deed which states that the property has received waste at high cadmium application
rates and that food chain crops must not be grown, except in compliance with
subdivision b.
History: Effective January 1, 2019.
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
### § 33.1-24-05-165. Unsaturated zone monitoring.

An owner or operator subject to sections 33.1-24-05-160 through 33.1-24-05-175 shall establish an
unsaturated zone monitoring program to discharge the following responsibilities:
1. The owner or operator shall monitor the soil and soil-pore liquid to determine whether
hazardous constituents migrate out of the treatment zone.
a. The department will specify the hazardous constituents to be monitored in the facility
permit. The hazardous constituents to be monitored are those specified under
subsection 2 of section 33.1-24-05-161.
b. The department may require monitoring for principal hazardous constituents in lieu of the
constituents specified under subsection 2 of section 33.1-24-05-161. Principal hazardous
constituents are hazardous constituents contained in the waste to be applied at the unit
that are the most difficult to treat, considering the combined effects of degradation,
transformation, and immobilization. The department will establish principal hazardous
constituents if the department finds, based on waste analyses, treatment demonstrations,
or other data that effective degradation, transformation, or immobilization of the principal
hazardous constituents will assure treatment of at least equivalent levels for the other
hazardous constituents in the wastes.
2. The owner or operator must install an unsaturated zone monitoring system that includes soil
monitoring using soil cores, and soil-pore liquid monitoring using devices such as lysimeters.
The unsaturated zone monitoring system must consist of a sufficient number of sampling
points at appropriate locations and depths to yield samples that:
a. Represent the quality of background soil-pore liquid quality and the chemical makeup of
soil that has not been affected by leakage from the treatment zone; and
b. Indicate the quality of soil-pore liquid in the chemical makeup of the soil below the
treatment zone.
3. The owner or operator shall establish a background value for each hazardous constituent to
be monitored under subsection 1. The permit will specify the background values for each
constituent or specify the procedures to be used to calculate the background values.
a. Background soil values may be based on a one-time sampling at a background plot
having characteristics similar to that of the treatment zone.

b. Background soil-pore liquid values must be based on at least quarterly sampling for one
year at a background plot having characteristics similar to those of the treatment zone.
c. The owner or operator shall express all background values in a form necessary for the
determination of statistically significant increases under subsection 6.
d. In taking samples used in the determination of all background values, the owner or
operator shall use an unsaturated zone monitoring system that complies with
subdivision a of subsection 2.
4. The owner or operator shall conduct soil monitoring and soil-pore liquid monitoring
immediately below the treatment zone. The department will specify the frequency and timing
of soil and soil-pore liquid monitoring in the facility permit after considering the frequency,
timing, and rate of waste application and the soil permeability. The owner or operator shall
express the results of the soil and soil-pore liquid monitoring in a form necessary for the
determination of statistically significant increases under subsection 6.
5. The owner or operator shall use consistent sampling and analysis procedures that are
designed to ensure sampling results that provide a reliable indication of soil-pore liquid quality
and the chemical makeup in the soil below the treatment zone. At a minimum, the owner or
operator shall implement procedures and techniques for:
a. Sample collection;
b. Sample preservation and shipment;
c. Analytical procedures; and
d. Chain of custody control.
6. The owner or operator shall determine whether there is a statistically significant change over
background values for any hazardous constituent to be monitored under subsection 1 below
the treatment zone each time the owner or operator conducts soil monitoring and soil-pore
liquid monitoring under subsection 4.
a. In determining whether a statistically significant increase has occurred, the owner or
operator shall compare the value of each constituent as determined under subsection 4
to the background value for that constituent according to the statistical procedures
specified in the facility permit under this subsection.
b. The owner or operator shall determine whether there has been a statistically significant
increase below the treatment zone within a reasonable time period after completion of
sampling. The department will specify that time period in the facility permit after
considering the complexity of the statistical test and the availability of laboratory facilities
to perform the analysis of the soil and soil-pore liquid samples.
c. The owner or operator shall determine whether there is a statistically significant increase
below the treatment zone using a statistical procedure that provides reasonable
confidence that migration from the treatment zone will be identified. The department will
specify a statistical procedure in the facility permit that the department finds:
(1) Is appropriate for the distribution of data used to establish background values; and
(2) Provides a reasonable balance between the probability of falsely identifying
migration from the treatment zone and the probability of failing to identify real
migration from the treatment zone.

7. If the owner or operator determines pursuant to subsection 6 that there is a statistically
significant increase of hazardous constituents below the treatment zone, the owner or
operator shall:
a. Notify the department of this finding in writing within seven days. The notification must
indicate what constituents have shown statistically significant increases.
b. Within ninety days submit to the department an application for a permit modification to
modify the operating practices at the facility in order to maximize the success of
degradation, transformation, or immobilization processes in the treatment zone.
8. If the owner or operator determines pursuant to subsection 6 that there is a statistically
significant increase of hazardous constituents below the treatment zone, the owner or
operator may demonstrate that a source other than regulated units caused the increase or
that the increase resulted from an error in sampling, analysis, or evaluation. While the owner
or operator may make this demonstration in addition to, or in lieu of, submitting a permit
modification application under subdivision b of subsection 7, the owner or operator is still
required to submit a permit modification within the time specified in subdivision b of
subsection 7 should the demonstration be unsuccessful. In making this demonstration the
owner or operator shall:
a. Notify the department in writing within seven days of determining a statistically significant
increase below the treatment zone that the owner or operator intends to make a
determination under this subsection;
b. Within ninety days submit a report to the department demonstrating that a source other
than the regulated units caused the increase or that the increase resulted in error in
sampling, analysis, or evaluation;
c. Within ninety days submit to the department an application for permit modification to
make any appropriate changes to the unsaturated zone monitoring program at the
facility; and
d. Continue to monitor in accordance with the unsaturated zone monitoring program
established under this section.
History: Effective January 1, 2019.
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
### § 33.1-24-05-166. Recordkeeping.

The owner or operator shall include hazardous waste application dates and rates in the operating
record required under section 33.1-24-05-40.
History: Effective January 1, 2019.
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
### § 33.1-24-05-167. Closure and postclosure care.

1. During the closure period the owner or operator shall:
a. Continue all operations (including pH control) necessary to maximize degradation,
transformation, or immobilization of hazardous constituents within the treatment zone as
required under subsection 1 of section 33.1-24-05-163, except to the extent such
measures are inconsistent with subdivision h;

b. Continue all operations in the treatment zone to minimize runoff of hazardous
constituents as required under subsection 2 of section 33.1-24-05-163;
c. Maintain the run-on control system required under subsection 3 of section
33.1-24-05-163;
d. Maintain the runoff management system required under subsection 4 of section
33.1-24-05-163;
e. Control wind dispersal of hazardous waste if required under subsection 6 of section
33.1-24-05-163;
f. Continue to comply with any prohibitions or conditions concerning growth of food chain
crops under section 33.1-24-05-164;
g. Continue unsaturated zone monitoring in compliance with section 33.1-24-05-165, except
that soil-pore liquid monitoring may be terminated one year after the last application of
waste to the treatment zone if, during that year, the soil-pore liquid monitoring shows that
no hazardous constituents are leaching from the treatment zone in the soil-pore water;
and
h. Establish a vegetative cover on the portion of the facility being closed at such time that
the cover will not substantially impede degradation, transformation, or immobilization of
hazardous constituents in the treatment zone. The vegetative cover must be capable of
maintaining growth without extensive maintenance.
2. For the purpose of complying with section 33.1-24-05-64, when closure is completed the
owner or operator may submit to the department certification by an independent qualified soil
scientist, in lieu of a qualified professional engineer, that the facility has been closed in
accordance with the specifications in the approved closure plan.
3. During the postclosure care period the owner or operator shall:
a. Continue all operations (including pH control) necessary to enhance degradation and
transformation and sustain immobilization of hazardous constituents in the treatment
zone to the extent that such measures are consistent with other postclosure care
activities;
b. Maintain a vegetative cover over closed portions of the facility;
c. Maintain the run-on control system required under subsection 3 of section
33.1-24-05-163;
d. Maintain the runoff management system required under subsection 4 of section
33.1-24-05-163;
e. Control wind dispersal of hazardous waste if required under subsection 6 of section
33.1-24-05-163;
f. Continue to comply with any prohibitions or conditions concerning growth of food chain
crops under section 33.1-24-05-164; and
g. Continue unsaturated zone monitoring in compliance with section 33.1-24-05-165, except
that soil-pore liquid monitoring may be terminated one year after the last application of
waste to the treatment zone if, during that year, the soil-pore liquid monitoring shows that
no hazardous constituents are leaching from the treatment zone in the soil-pore water.

4. The owner or operator is not subject to regulation under subsection 3 or subdivision h of
subsection 1 if the department finds that the level of hazardous constituents in the treatment
zone soil does not exceed the background value of those constituents by an amount that is
statistically significant when using the test specified in subdivision c. The owner or operator
may submit such a demonstration to the department at any time during the closure or
postclosure care periods. For purposes of this subsection:
a. The owner or operator shall establish background soil values and determine whether
there is a statistically significant increase over those values for all hazardous constituents
specified in the facility permit under subsection 2 of section 33.1-24-05-161:
(1) Background soil values may be based on a one-time sampling of the background
plot having characteristics similar to those of the treatment zone; and
(2) The owner or operator shall express background values and values for hazardous
constituents in the treatment zone in a form necessary for the determination of
statistically significant increases under subdivision c;
b. In taking samples used in the determination of background and treatment zone values,
the owner or operator shall take samples at a sufficient number of sampling points and at
appropriate locations and depths to yield samples that represent the chemical makeup of
soil that has not been affected by leakage from the treatment zone and the soil within the
treatment zone, respectively; and
c. In determining whether a statistically significant increase has occurred, the owner or
operator shall compare the value of each constituent in the treatment zone to the
background value of that constituent using a statistical procedure that provides
reasonable confidence that constituent presence in the treatment zone will be identified.
The owner or operator shall use a statistical procedure that:
(1) Is appropriate for the distribution of the data used to establish background values;
and
(2) Provides a reasonable balance between the probability of falsely identifying
hazardous constituent presence in the treatment zone and the probability of failing
to identify a real presence in the treatment zone.
5. During closure or postclosure care, or both, the owner or operator is not subject to regulation
under sections 33.1-24-05-47 through 33.1-24-05-58 if the department finds that the owner or
operator satisfies subsection 4 and if unsaturated zone monitoring under section
zone during the active life of the land treatment unit.
History: Effective January 1, 2019.
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
### § 33.1-24-05-168. Special requirements for ignitable or reactive waste.

The owner or operator may not apply ignitable or reactive waste to the treatment zone unless the
waste and the treatment zone meet all applicable requirements of sections 33.1-24-05-250 through
33.1-24-05-299; and:
1. The waste is immediately incorporated into the soil so that:
a. The resulting waste mixture or dissolution of material no longer meets the definition of
ignitable or reactive waste under section 33.1-24-02-11 or 33.1-24-02-13; and

b. Subsection 2 of section 33.1-24-05-08 is complied with; or
2. The waste is managed in such a way that it is protected from any material or conditions which
may cause it to ignite or react.
History: Effective January 1, 2019.
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
### § 33.1-24-05-169. Special requirements for incompatible wastes.

The owner or operator may not place incompatible wastes or incompatible wastes and materials in
or on the same treatment zone unless subsection 2 of section 33.1-24-05-08 is complied with.
History: Effective January 1, 2019.
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
### § 33.1-24-05-170. Special requirements for hazardous wastes F020, F021, F022, F023, F026,

and F027.
1. Hazardous wastes F020, F021, F022, F023, F026, and F027 must not be placed in a land
treatment unit unless the owner or operator operates the facility in accordance with a
management plan for these wastes that is approved by the department pursuant to the
standards set out in this subsection, and in accord with all other applicable requirements of
sections 33.1-24-05-01 through 33.1-24-05-190, 33.1-24-05-300 through 33.1-24-05-524,
factors to be considered are:
a. The volume, physical, and chemical characteristics of the wastes, including their potential
to migrate through soil or to volatilize or escape into the atmosphere;
b. The attenuative properties of underlying and surrounding soils or other materials;
c. The mobilizing properties of other materials codisposed with these wastes; and
d. The effectiveness of additional treatment, design, or monitoring techniques.
2. The department may determine that additional design, operating, and monitoring requirements
are necessary for land treatment facilities managing hazardous wastes F020, F021, F022,
F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground
water, surface water, or air so as to protect human health and the environment.
History: Effective January 1, 2019.
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
### § 33.1-24-05-171. [Reserved].

### § 33.1-24-05-172. [Reserved].

### § 33.1-24-05-173. [Reserved].

### § 33.1-24-05-174. [Reserved].


### § 33.1-24-05-175. [Reserved].

### § 33.1-24-05-176. Applicability of landfill requirements.

Sections 33.1-24-05-176 through 33.1-24-05-190 apply to owners and operators of facilities that
dispose of hazardous waste in landfills, except as section 33.1-24-05-01 provides otherwise.
History: Effective January 1, 2019.
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
### § 33.1-24-05-177. Design and operating requirements.

1. Any landfill that is not covered by subsection 3 must have a liner system for all portions of the
landfill (except for existing portions of such landfill). The liner system must have:
a. A liner that is designed, constructed, and installed to prevent any migration of wastes out
of the landfill to the adjacent subsurface soil or ground water or surface water at any time
during the active life (including the closure period) of the landfill. The liner must be
constructed of materials that prevent wastes from passing into the liner during the active
life of the facility. The liner must be:
(1) Constructed of materials that have appropriate chemical properties and sufficient
strength and thickness to prevent failure due to pressure gradients (including static
head and external hydrogeologic forces), physical contact with the waste or
leachate to which they are exposed, climatic conditions, the stress of installation,
and the stress of daily operation;
(2) Placed upon a foundation or base capable of providing support to the liner and
resistance to pressure gradients above and below the liner to prevent failure of the
liner due to settlement, compression, or uplift; and
(3) Installed to cover all surrounding earth likely to be in contact with the waste or
leachate; and
b. A leachate collection and removal system immediately above the liner that is designed,
constructed, maintained, and operated to collect and remove leachate from the landfill.
The department will specify design and operating conditions in the permit to ensure that
the leachate depth over the liner does not exceed one foot [.3048 meter]. The leachate
collection and removal system must be:
(1) Constructed of materials that are:
(a) Chemically resistant to the waste managed in the landfill and the leachate
expected to be generated; and
(b) Of sufficient strength and thickness to prevent collapse under the pressures
exerted by overlying wastes, waste cover materials, and by any equipment
used at the landfill; and
(2) Designed and operated to function without clogging through the scheduled closure
of the landfill.
2. The owner or operator will be exempted from the requirements of subsection 1 if the
department finds, based on a demonstration by the owner or operator, that alternative design
and operating practices, together with location characteristics, will prevent the migration of any

hazardous constituents (see section 33.1-24-05-50) into the ground water or surface water at
any future time. In deciding whether to grant an exemption, the department will consider:
a. The nature and quantity of the waste;
b. The proposed alternate design and operation;
c. The hydrogeologic setting of the facility, including the attenuative capacity and thickness
of the liners and soils present between the landfill and ground water or surface water;
and
d. All other factors which would influence the quality and mobility of the leachate produced
and the potential for it to migrate to ground water or surface water.
3. The owner or operator of each new landfill unit on which construction commences after
January 19, 1992, each lateral expansion of a landfill unit on which construction commences
after July 29, 1992, and each replacement of an existing landfill unit that is to commence
reuse after July 29, 1992, must install two or more liners and a leachate collection and
removal system above and between such liners. "Construction commences" is as defined in
section 33.1-24-01-04 under "existing facility".
a. Liner.
(1) The liner system must include:
(a) A top liner designed and constructed of materials (for example, a
geomembrane) to prevent the migration of hazardous constituents into such
liner during the active life and postclosure care period; and
(b) A composite bottom liner, consisting of at least two components. The upper
component must be designed and constructed of materials (for example, a
geomembrane) to prevent the migration of hazardous constituents into this
component during the active life and postclosure care period. The lower
component must be designed and constructed of materials to minimize the
migration of hazardous constituents if a breach in the upper component were
to occur. The lower component must be constructed of at least three feet
[91.44 centimeters] of compacted soil material with a hydraulic conductivity of
no more than 1x10-7 centimeters per second.
(2) The liners must comply with paragraphs 1, 2, and 3 of subdivision a of subsection 1.
b. The leachate collection and removal system immediately above the top liner must be
designed, constructed, operated, and maintained to collect and remove leachate from the
landfill during the active life and postclosure care period. The department will specify
design and operating conditions in the permit to ensure that the leachate depth over the
liner does not exceed thirty centimeters [1 foot]. The leachate collection and removal
system must comply with paragraphs 3 and 4 of subdivision c.
c. The leachate collection and removal system between the liners, and immediately above
the bottom composite liners in the case of multiple leachate collection and removal
systems, is also a leak detection system. This leak detection system must be capable of
detecting, collecting, and removing leaks of hazardous constituents at the earliest
practicable time through all areas of the top liner likely to be exposed to waste or
leachate during the active life and postclosure care period. The requirements for a leak
detection system in this subdivision are satisfied by installation of a system that is, at a
minimum:

(1) Constructed with a bottom slope of one percent or more;
(2) Constructed of granular drainage materials with a hydraulic conductivity of 1x10-2
centimeters per second or more and a thickness of twelve inches [30.5 centimeters]
or more; or constructed of synthetic or geonet drainage materials with a
transmissivity of 3x10-5 square meters per second or more;
(3) Constructed of materials that are chemically resistant to the waste managed in the
landfill and the leachate expected to be generated, and of sufficient strength and
thickness to prevent collapse under the pressures exerted by overlying wastes,
waste cover materials, and equipment used at the landfill;
(4) Designed and operated to minimize clogging during the active life and postclosure
care period; and
(5) Constructed with sumps and liquid removal methods (for example, pumps) of
sufficient size to collect and remove liquids from the sump and prevent liquids from
backing up into the drainage layer. Each unit must have its own sump or sumps.
The design of each sump and removal system must provide a method for
measuring and recording the volume of liquids present in the sump and of liquids
removed.
d. The owner or operator shall collect and remove pumpable liquids in the leak detection
system sumps to minimize the head on the bottom liner.
e. The owner or operator of a leak detection system that is not located completely above
the seasonal high-water table must demonstrate that the operation of the leak detection
system will not be adversely affected by the presence of ground water.
4. The department may approve alternative design or operating practices to those specified in
subsection 3 if the owner or operator demonstrates to the department that such design and
operating practices, together with location characteristics:
a. Will prevent the migration of any hazardous constituent into the ground water or surface
water at least as effectively as the liners and leachate collection and removal systems
specified in subsection 3; and
b. Will allow detection of leaks of hazardous constituents through the top liner at least as
effectively.
5. The double-liner requirements set forth in subsection 3 may be waived by the department for
any monofill, if:
a. The monofill contains only hazardous waste from foundry furnace emission controls or
metal casting molding sand and such wastes do not contain constituents which would
render the wastes hazardous for reasons other than the toxicity characteristics in section
b. Monofill liner.
(1) Evidence of leaking.
(a) The monofill has at least one liner for which there is no evidence that such liner
is leaking;
(b) The monofill is located more than one-quarter mile from an "underground
source of drinking water" (as that term is defined in 40 CFR section 270.2); and

(c) The monofill is in compliance with generally acceptable ground water
monitoring requirements for facilities with hazardous waste permits; or
(2) The owner or operator demonstrates that the monofill is located, designed, and
operated so as to assure that there will be no migration of any hazardous
constituent into ground water or surface water at any future time.
6. The owner or operator of any replacement landfill unit is exempt from subsection 3 if:
a. The existing unit was constructed in compliance with the design standards of this article;
and
b. There is no reason to believe that the liner is not functioning as designed.
7. The owner or operator shall design, construct, operate, and maintain a run-on control system
capable of preventing flow onto the active portion of the landfill during peak discharge from at
least a twenty-five-year storm.
8. The owner or operator shall design, construct, operate, and maintain a runoff management
system to collect and control at least the water volume resulting from a twenty-four-hour,
twenty-five-year storm.
9. Collection and holding facilities (for example, tanks or basins) associated with run-on and
runoff control systems must be emptied or otherwise managed expeditiously after storms to
maintain design capacity of this system.
10. If the landfill contains any particulate matter which may be subject to wind dispersal, the owner
or operator shall cover or otherwise manage the landfill to control wind dispersal.
11. The department will specify in the permit all design and operating practices that are necessary
to ensure that the requirements of this section are satisfied.
History: Effective January 1, 2019.
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
### § 33.1-24-05-178. Monitoring and inspection.

1. During construction or installation, the liners (except in the case of existing portions of landfills
exempt from subsection 1 of section 33.1-24-05-177) and cover systems (for example,
membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections
(for example, holes, cracks, thin spots, or foreign materials) immediately after construction or
installation:
a. Synthetic liners and covers must be inspected by a qualified professional (for example, a
registered professional engineer) to ensure tight seams and joints and the absence of
tears, punctures, or blisters; and
b. Soil based and admixed liners and covers must be inspected by a qualified professional
(for example, a registered professional engineer) for imperfections, including lenses,
cracks, channels, root holes, or other structural nonuniformities that may cause an
increase in the permeability of the liner or cover.
2. While a landfill is in operation, it must be inspected weekly and after storms to detect evidence
of any of the following:
a. Deterioration, malfunctions, or improper operation of run-on and runoff control systems;

b. Proper functioning of wind dispersal control systems, where present; and
c. The presence of leachate in and proper functioning of leachate collection and removal
systems, where present.
3. Leak detection system.
a. An owner or operator required to have a leak detection system under subsection 3 or 4 of
section 33.1-24-05-177 must record the amount of liquids removed from each leak
detection system sump at least once each week during the active life and closure period.
b. After the final cover is installed, the amount of liquids removed from each leak detection
system sump must be recorded at least monthly. If the liquid level in the sump stays
below the pump operating level for two consecutive months, the amount of liquids in the
sumps must be recorded at least quarterly. If the liquid level in the sump stays below the
pump operating level for two consecutive quarters, the amount of liquids in the sumps
must be recorded at least semiannually. If at any time during the postclosure care period
the pump operating level is exceeded at units on quarterly or semiannual recording
schedules, the owner or operator must return to monthly recording of amounts of liquids
removed from each sump until the liquid level again stays below the pump operating
level for two consecutive months.
c. "Pump operating level" is a liquid level proposed by the owner or operator and approved
by the department based on pump activation level, sump dimensions, and level that
avoids backup into the drainage layer and minimizes head in the sump.
History: Effective January 1, 2019.
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
### § 33.1-24-05-179. Surveying and recordkeeping.

The owner or operator of a landfill shall maintain the following items in the operating records
required under section 33.1-24-05-40:
1. On a map, the exact location and dimensions, including depth, of each cell with respect to
permanently surveyed benchmarks; and
2. The contents of each cell and the approximate location of each hazardous waste type within
each cell.
History: Effective January 1, 2019.
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
### § 33.1-24-05-180. Closure and postclosure care.

1. At final closure of the landfill or upon closure of any cell, the owner or operator shall cover the
landfill or cell with a final cover designed and constructed to:
a. Provide long-term minimization of migration of liquids through the closed landfill;
b. Function with minimum maintenance;
c. Promote drainage and minimize erosion or abrasion of the cover;
d. Accommodate settling and subsidence so that the cover's integrity is maintained; and

e. Have a permeability less than or equal to the permeability of any bottom liner system or
natural subsoils present.
2. After final closure, the owner or operator shall comply with all postclosure requirements
contained in sections 33.1-24-05-66 through 33.1-24-05-69, including maintenance and
monitoring throughout the postclosure care period (specified in the permit under section
33.1-24-05-66). The owner or operator shall:
a. Maintain the integrity and effectiveness of the final cover, including making repairs to the
cap as necessary to correct the effects of settling, subsidence, erosion, or other events;
b. Continue to operate the leachate collection and removal system until leachate is no
longer detected;
c. Maintain and monitor the leak detection system in accordance with paragraph 4 of
subdivision c of subsection 3 of section 33.1-24-05-177, subdivision d of subsection 3 of
section 33.1-24-05-177, and subsection 3 of section 33.1-24-05-178, and comply with all
other applicable leak detection system requirements of sections 33.1-24-05-176 through
33.1-24-05-190;
d. Maintain and monitor the ground water monitoring system and comply with all other
applicable requirements of sections 33.1-24-05-47 through 33.1-24-05-58;
e. Prevent run-on and runoff from eroding or otherwise damaging the final cover; and
f. Protect and maintain surveyed benchmarks used in complying with section
33.1-24-05-179.
History: Effective January 1, 2019.
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
### § 33.1-24-05-181. Special requirements for ignitable or reactive waste.

1. Except as provided in subsection 2 and in section 33.1-24-05-185, ignitable or reactive waste
may not be placed in a landfill, unless the waste and landfill meet all applicable requirements
of sections 33.1-24-05-250 through 33.1-24-05-299, and:
a. The resulting waste mixture or dissolution of material no longer meets the definition of
ignitable or reactive waste under section 33.1-24-02-11 or 33.1-24-02-13; and
b. Subsection 2 of section 33.1-24-05-08 is complied with.
2. Except for prohibited wastes which remain subject to treatment standards in sections
without meeting the requirements of subsection 1, provided that the wastes are disposed of in
such a way that they are protected from any material or conditions which may cause them to
ignite. At a minimum, ignitable wastes must be disposed of in nonleaking containers which are
carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that
might cause ignition of the wastes; must be covered daily with soil or other noncombustible
material to minimize the potential for ignition of the wastes; and may not be disposed of in
cells that contain or will contain other wastes which may generate heat sufficient to cause
ignition of the waste.
History: Effective January 1, 2019.
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

### § 33.1-24-05-182. Special requirements for incompatible wastes.

Incompatible wastes, or incompatible wastes and materials (see appendix III for examples of
incompatible wastes and materials), may not be placed in the same landfill cell, unless subsection 2 of
section 33.1-24-05-08 is complied with.
History: Effective January 1, 2019.
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
### § 33.1-24-05-183. Special requirements for bulk and containerized liquids.

1. The placement of bulk or noncontainerized liquid hazardous waste or hazardous waste
containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.
2. To demonstrate the absence or presence of free liquids in either a containerized or a bulk
waste, the following test must be used: method 9095B (paint filter liquids test) as described in
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" environmental
protection agency publication SW-846, as incorporated by reference in section 33.1-24-01-05.
3. Containers holding free liquids must not be placed in a landfill unless:
a. All free-standing liquid:
(1) Has been removed by decanting, or other methods;
(2) Has been mixed with sorbent or solidified so that freestanding liquid is no longer
observed; or
(3) Has been otherwise eliminated;
b. The container is very small, such as an ampule;
c. The container is designed to hold free liquids for use other than storage, such as a
battery or capacitor; or
d. The container is a lab pack as defined in section 33.1-24-05-185 and is disposed of in
accordance with section 33.1-24-05-185.
4. Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable.
Nonbiodegradable sorbents are materials listed or described in subdivision a, materials that
pass one of the tests in subdivision b, or materials that are determined by the department to
be nonbiodegradable through the chapter 33.1-24-01 petition process.
a. Nonbiodegradable sorbents.
(1) Inorganic minerals, other inorganic materials, and elemental carbon (for example,
aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite,
montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites,
zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina,
lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic
rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated
charcoal/activated carbon);
(2) High molecular weight synthetic polymers (for example, polyethylene, high density
polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate,
polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene

and tertiary butyl copolymers). This does not include polymers derived from
biological material or polymers specifically designed to be degradable; or
(3) Mixtures of these nonbiodegradable materials.
b. Test for nonbiodegradable sorbents.
(1) The sorbent material is determined to be nonbiodegradable under ASTM method
G21-70 (1984a)-Standard Practice for Determining Resistance of Synthetic Polymer
Materials to Fungi;
(2) The sorbent material is determined to be nonbiodegradable under ASTM method
G22-76 (1984b)-Standard Practice for Determining Resistance of Plastics to
Bacteria; or
(3) The sorbent material is determined to be nonbiodegradable under Organization for
Economic Cooperation and Development test 301B: [CO Evolution (Modified Sturm
Test)].
5. The placement of any liquid which is not a hazardous waste in a landfill is prohibited unless
the owner or operator of such landfill demonstrates to the department, or the department
determines that:
a. The only reasonably available alternative to the placement in such landfill is placement in
a landfill or unlined surface impoundment, whether or not permitted or operating under
interim status, which contains, or may reasonably be anticipated to contain, hazardous
waste; and
b. Placement in such owner or operator's landfill will not present a risk of contamination of
any "underground source of drinking water" (as that term is defined in 40 CFR
section 270.2).
History: Effective January 1, 2019.
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
### § 33.1-24-05-184. Special requirements for containers.

Unless they are very small, such as an ampule, containers must be either:
1. At least ninety percent full when placed in the landfill; or
2. Crushed, shredded, or similarly reduced in volume to the maximum practical extent before
burial in the landfill.
History: Effective January 1, 2019.
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
### § 33.1-24-05-185. Disposal of small containers of hazardous waste in overpacked drums (lab

packs).
Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if
the following requirements are met:
1. Hazardous waste must be packaged in nonleaking inside containers. The inside containers
must be of a design and constructed of a material that will not react dangerously with, be
decomposed by, or be ignited by the contained waste. Inside containers must be tightly and

securely sealed. The inside containers must be of the size and type specified in the
department of transportation hazardous materials regulations [49 CFR, parts 173, 178, and
179], if those regulations specify particular inside container for the waste.
2. The inside containers must be overpacked in an open head department of transportation
specification metal shipping container [49 CFR, parts 178 and 179] of no more than four
hundred sixteen-liter [110-gallon] capacity and surrounded by, at a minimum, a sufficient
quantity of sorbent material, determined to be nonbiodegradable in accordance with
subsection 4 of section 33.1-24-05-183, to completely sorb all of the liquid contents of the
inside containers. The metal outer container must be full after it has been packed with inside
containers and sorbent material.
3. The sorbent material used must not be capable of reacting dangerously with, being
decomposed by, or being ignited by the contents of the inside containers, in accordance with
subsection 2 of section 33.1-24-05-08.
4. Incompatible wastes, as defined in section 33.1-24-01-04, may not be placed in this same
outside container.
5. Reactive wastes, other than cyanide-bearing or sulfide-bearing waste, as defined in
subdivision e of subsection 1 of section 33.1-24-02-13, must be treated or rendered
nonreactive prior to packaging in accordance with subsections 1 through 4. Cyanide-bearing
and sulfide-bearing reactive waste may be packed in accordance with subsections 1 through 4
without first being treated or rendered nonreactive.
6. Such disposal is in compliance with the requirements of sections 33.1-24-05-250 through
### § 33.1-24-05-299. Persons who incinerate lab packs according to the requirements in

subdivision a of subsection 3 of section 33.1-24-05-282 may use fiber drums in place of metal
outer containers. Such fiber drums must meet the department of transportation specifications
in 49 CFR 173.12 and be overpacked according to the requirements in subsection 2.
History: Effective January 1, 2019.
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
### § 33.1-24-05-186. Special requirements for hazardous wastes F020, F021, F022, F023, F026,

and F027.
1. Hazardous wastes F020, F021, F022, F023, F026, and F027 may not be placed in a landfill
unless the owner or operator operates the landfill in accordance with a management plan for
these wastes that is approved by the department pursuant to the standards set out in this
subsection and in accord with all other applicable requirements of 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. The factors to be considered
are:
a. The volume, physical, and chemical characteristics of the wastes, including their potential
to migrate through the soil or to volatilize or escape into the atmosphere;
b. The attenuative properties of underlying and surrounding soils or other materials;
c. The mobilizing properties of other materials codisposed with these wastes; and
d. The effectiveness of additional treatment, design, or monitoring requirements.
2. The department may determine that additional design, operating, and monitoring requirements
are necessary for landfills managing hazardous wastes F020, F021, F022, F023, F026, and

F027 in order to reduce the possibility of migration of these wastes to ground water, surface
water, or air so as to protect human health and the environment.
History: Effective January 1, 2019.
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
### § 33.1-24-05-187. Action leakage rate.

1. The department shall approve an action leakage rate for landfill units subject to subsection 3
or 4 of section 33.1-24-05-177. The action leakage rate is the maximum design flow rate that
the leak detection system can remove without the fluid head on the bottom liner exceeding
one foot [.3048 meter]. The action leakage rate must include an adequate safety margin to
allow for uncertainties in the design (for example, slope, hydraulic conductivity, thickness of
drainage material), construction, operation, and location of the leak detection system, waste
and leachate characteristics, likelihood and amounts of other sources of liquids in the leak
detection system, and proposed response actions (for example, the action leakage rate must
consider decreases in the flow capacity of the system over time resulting from siltation and
clogging, rib layover and creep of synthetic components of the system, overburden pressures,
etc.).
2. To determine if the action leakage rate has been exceeded, the owner or operator must
convert the weekly or monthly flow rate from the monitoring data obtained under subsection 3
of section 33.1-24-05-178, to an average daily flow rate (gallons per acre per day) for each
sump. Unless the department approves a different calculation, the average daily flow rate for
each sump must be calculated weekly during the active life and closure period, and monthly
during the postclosure care period when monthly monitoring is required under subsection 3 of
section 33.1-24-05-178.
History: Effective January 1, 2019.
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
### § 33.1-24-05-188. Response actions.

1. The owner or operator of landfill units subject to subsection 3 or 4 of section 33.1-24-05-177
must have an approved response action plan before receipt of waste. The response action
plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a
minimum, the response action plan must describe the actions specified in subsection 2.
2. If the flow rate into the leak detection system exceeds the action leakage rate for any sump,
the owner or operator must:
a. Notify the department in writing of the exceedance within seven days of the
determination;
b. Submit a preliminary written assessment to the department within fourteen days of the
determination, as to the amount of liquids, likely sources of liquids, possible location,
size, and cause of any leaks, and short-term actions taken and planned;
c. Determine to the extent practicable the location, size, and cause of any leak;
d. Determine whether waste receipt should cease or be curtailed; whether any waste
should be removed from the unit for inspection, repairs, or controls; and whether or not
the unit should be closed;

e. Determine any other short-term and long-term actions to be taken to mitigate or stop any
leaks; and
f. Within thirty days after the notification that the action leakage rate has been exceeded,
submit to the department the results of the analyses specified in subdivisions c, d, and e;
the results of actions taken; and actions planned. Monthly thereafter, as long as the flow
rate in the leak detection system exceeds the action leakage rate, the owner or operator
must submit to the department a report summarizing the results of any remedial actions
taken and actions planned.
3. To make the leak or remediation determinations, or both, in subdivisions c, d, and e of
subsection 2, the owner or operator must:
a. Assess and conduct the following:
(1) Assess the source of liquids and amounts of liquids by source;
(2) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the
leak detection system to identify the source of liquids and possible location of any
leaks, and the hazard and mobility of the liquids; and
(3) Assess the seriousness of any leaks in terms of potential for escaping into the
environment; or
b. Document why such assessments are not needed.
History: Effective January 1, 2019.
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
### § 33.1-24-05-189. [Reserved].

### § 33.1-24-05-190. [Reserved].

### § 33.1-24-05-191. [Reserved].

### § 33.1-24-05-192. [Reserved].

### § 33.1-24-05-193. [Reserved].

### § 33.1-24-05-194. [Reserved].

### § 33.1-24-05-195. [Reserved].

### § 33.1-24-05-196. [Reserved].

### § 33.1-24-05-197. [Reserved].

### § 33.1-24-05-198. [Reserved].


### § 33.1-24-05-199. [Reserved].

### § 33.1-24-05-200. [Reserved].

### § 33.1-24-05-201. Applicability to recyclable materials used in a manner constituting disposal.

1. Sections 33.1-24-05-201 through 33.1-24-05-209 apply to recyclable materials that are
applied to or placed on the land:
a. Without mixing with any other substances; or
b. After mixing or combination with any other substances. These materials will be referred
to throughout sections 33.1-24-05-201 through 33.1-24-05-209 as "materials used in a
manner that constitutes disposal".
2. Products produced for the general public's use that are used in a manner that constitutes
disposal and that contain recyclable materials are not presently subject to regulation if the
recyclable materials have undergone a chemical reaction in the course of producing the
products so as to become inseparable by physical means and if such products meet the
applicable treatment standards in sections 33.1-24-05-280 through 33.1-24-05-289 (or
applicable prohibition levels in section 33.1-24-05-272 or Resource Conservation and
Recovery Act section 3004(d), where no treatment standards have been established) for each
recyclable material (for example, hazardous waste) that they contain, and the recycler
complies with subdivision f of subsection 2 of section 33.1-24-05-256.
3. Antiskid or deicing uses of slags, which are generated from high temperature metals recovery
processing of hazardous waste K061, K062, and F006, in a manner constituting disposal are
not covered by the exemption in subsection 2 and remain subject to regulation.
4. Fertilizers that contain recyclable materials are not subject to regulation provided that:
a. They are zinc fertilizers excluded from the definition of solid waste according to
subdivision u of subsection 1 of section 33.1-24-02-04; or
b. They meet the applicable treatment standards in sections 33.1-24-05-280 through
History: Effective January 1, 2019.
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
### § 33.1-24-05-202. Standards applicable to generators and transporters of materials used in a

manner that constitutes disposal.
Generators and transporters of materials that are used in a manner that constitutes disposal are
subject to the applicable requirements of chapters 33.1-24-03 through 33.1-24-04 and the notification
requirements.
History: Effective January 1, 2019.
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

### § 33.1-24-05-203. Standards applicable to storers of materials that are to be used in a manner

that constitutes disposal who are not the ultimate users.
Owners or operators of facilities that store recyclable materials that are to be used in a manner that
constitutes disposal, but who are not the ultimate users of the material, are regulated under all
applicable provisions of sections 33.1-24-05-01 through 33.1-24-05-143, sections 33.1-24-05-950
through 33.1-24-05-1149, and chapters 33.1-24-06 and 33.1-24-07 and the notification requirements.
History: Effective January 1, 2019.
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
### § 33.1-24-05-204. Standards applicable to users of materials that are used in a manner that

constitutes disposal.
1. Owners or operators of facilities that use recyclable materials in a manner that constitutes
disposal are regulated under all applicable provisions of sections 33.1-24-05-01 through
33.1-24-05-143, sections 33.1-24-05-160 through 33.1-24-05-190, sections 33.1-24-05-250
through 33.1-24-05-299, and chapters 33.1-24-06 and 33.1-24-07, and the notification
requirements. (These requirements do not apply to products which contain these recyclable
materials under the provisions of subsection 2 of section 33.1-24-05-201.)
2. The use of waste oil or used oil or other material, which is contaminated with dioxin or any
other hazardous waste (other than a waste identified solely on the basis of ignitability), for
dust suppression or road treatment is prohibited.
History: Effective January 1, 2019.
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
### § 33.1-24-05-205. [Reserved].

### § 33.1-24-05-206. [Reserved].

### § 33.1-24-05-207. [Reserved].

### § 33.1-24-05-208. [Reserved].

### § 33.1-24-05-209. [Reserved].

### § 33.1-24-05-210. [Reserved].

### § 33.1-24-05-211. [Reserved].

### § 33.1-24-05-212. [Reserved].

### § 33.1-24-05-213. [Reserved].

### § 33.1-24-05-214. [Reserved].


### § 33.1-24-05-215. [Reserved].

### § 33.1-24-05-216. [Reserved].

### § 33.1-24-05-217. [Reserved].

### § 33.1-24-05-218. [Reserved].

### § 33.1-24-05-219. [Reserved].

### § 33.1-24-05-220. [Reserved].

### § 33.1-24-05-221. [Reserved].

### § 33.1-24-05-222. [Reserved].

### § 33.1-24-05-223. [Reserved].

### § 33.1-24-05-224. [Reserved].

### § 33.1-24-05-225. [Reserved].

### § 33.1-24-05-226. [Reserved].

### § 33.1-24-05-227. [Reserved].

### § 33.1-24-05-228. [Reserved].

### § 33.1-24-05-229. [Reserved].

### § 33.1-24-05-230. Applicability and requirements for recyclable materials utilized for precious

metal recovery.
1. Sections 33.1-24-05-230 through 33.1-24-05-234 apply to recyclable materials that are
reclaimed to recover economically significant amounts of gold, silver, platinum, palladium,
iridium, osmium, rhodium, ruthenium, or any combination of these.
2. Persons who generate, transport, or store recyclable materials that are regulated under
sections 33.1-24-05-230 through 33.1-24-05-234 are subject to the following requirements:
a. Notification requirements under section 3010 of Resource Conservation and Recovery
Act;
b. Sections 33.1-24-03-04 through 33.1-24-03-07 (for generators), sections 33.1-24-04-04
and 33.1-24-04-05 (for transporters), and sections 33.1-24-05-38 and 33.1-24-05-39 (for
persons who store); and

c. For precious metals exported to or imported from other countries for recovery, sections
3. Persons who store recycled materials that are regulated under sections 33.1-24-05-230
through 33.1-24-05-234 must keep the following records to document that they are not
accumulating these materials speculatively (as defined in subsection 3 of section
33.1-24-02-01):
a. Records showing the volume of these materials stored at the beginning of the calendar
year;
b. The amount of these materials generated or received during the calendar year; and
c. The amount of materials remaining at the end of the calendar year.
4. Recyclable materials that are regulated under sections 33.1-24-05-230 through
33.1-24-02-01) are subject to all applicable provisions of chapters 33.1-24-03 through
33.1-24-07.
History: Effective January 1, 2019; amended July 1, 2020.
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
### § 33.1-24-05-231. [Reserved].

### § 33.1-24-05-232. [Reserved].

### § 33.1-24-05-233. [Reserved].

### § 33.1-24-05-234. [Reserved].

### § 33.1-24-05-235. Applicability and requirements of spent lead-acid batteries being reclaimed.

1. For a facility that generates, collects, transports, stores, or regenerates lead-acid batteries for
reclamation purposes, the facility may be exempt from certain hazardous waste management
requirements. Use the following table to determine which requirements apply. Alternatively, a
generator may choose to manage spent lead-acid batteries under the universal waste rules in
sections 33.1-24-05-700 through 33.1-24-05-799.
If the batteries: And if you: Then you: And you:
(1) Will be reclaimed Are exempt from Are subject to chapter
through regeneration chapters 33.1-24-03 33.1-24-02 and
(such as by (except for section section
electrolyte 33.1-24-03-02), 33.1-24-03-02.
replacement). 33.1-24-04,
33.1-24-06, and
sections 33.1-24-05-01
through
33.1-24-05-800
through

33.1-24-05-929, and
the notification
requirements of
section 33.1-24-03-03.
(2) Will be reclaimed Generate, collect, or Are exempt from Are subject to chapter
other than through transport, or any chapters 33.1-24-03 33.1-24-02 and
regeneration. combination of the (except for section section
above, these 33.1-24-03-02), 33.1-24-03-02, and
batteries. 33.1-24-04, the applicable
33.1-24-06, and provisions of sections
sections 33.1-24-05-01 through
through 33.1-24-05-299.
33.1-24-05-249,
33.1-24-05-300
through
33.1-24-05-599, and
33.1-24-05-800
through
33.1-24-05-929, and
the notification
requirements of
section 33.1-24-03-03.
(3) Will be reclaimed Store these batteries Are exempt from Are subject to chapter
other than through but are not the chapters 33.1-24-03 33.1-24-02 and
regeneration. reclaimer. (except for section section
33.1-24-03-02), 33.1-24-03-02, and
33.1-24-04, the applicable
33.1-24-06, and provisions of sections
sections 33.1-24-05-01 through
through 33.1-24-05-299.
33.1-24-05-249,
33.1-24-05-300
through
33.1-24-05-599, and
33.1-24-05-800
through
33.1-24-05-929, and
the notification
requirements of
section 33.1-24-03-03.
(4) Will be reclaimed Store these batteries Must comply with Are subject to chapter
other than through before you reclaim subsection 2 of section 33.1-24-02 and
regeneration. them. 33.1-24-05-235 and, section
as appropriate, other 33.1-24-03-02, and
regulatory provisions in the applicable
subsection 2 of section provisions of sections
### § 33.1-24-06-235. 33.

1-24-05-250
through
33.1-24-05-299.
(5) Will be reclaimed Do not store these Are exempt from Are subject to chapter

other than through batteries before you chapters 33.1-24-03 33.1-24-02 and
regeneration. reclaim them. (except for section section
33.1-24-03-02), 33.1-24-03-02, and
33.1-24-04, the applicable
33.1-24-06, and provisions of sections
sections 33.1-24-05-01 through
through 33.1-24-05-299.
33.1-24-05-249,
33.1-24-05-300
through
33.1-24-05-599, and
33.1-24-05-800
through
33.1-24-05-929, and
the notification
requirements of
section 33.1-24-03-03.
(6) Will be reclaimed Export these Are exempt from Are subject to chapter
through regeneration batteries for chapter 33.1-24-03 33.1-24-02, section
or any other means. reclamation in a (except for 33.1-24-03-02, and
foreign country. 33.1-24-03-02, sections
33.1-24-03-03, 33.1-24-03-50
33.1-24-03-14, and through
33.1-24-03-59),
chapter 33.1-24-04,
sections 33.1-24-05-01
through
33.1-24-05-800
through
33.1-24-05-929,
chapter 33.1-24-06,
chapter 33.1-24-07
and the notification
requirements at
section 3010 of
Resource
Conservation and
Recovery Act.
(7) Will be reclaimed Transport these Are exempt from Must comply with
through regeneration batteries in the chapters 33.1-24-04, applicable
or any other means. United States to 33.1-24-05, requirements in
export them for 33.1-24-06, and sections
reclamation in a 33.1-24-07, and the 33.1-24-03-50
foreign country. notification through
requirements at 33.1-24-03-55.
section 3010 of
Resource
Conservation and
Recovery Act.

(8) Will be reclaimed Import these Are exempt from Are subject to chapter
other than through batteries from a chapters 33.1-24-03 33.1-24-02, sections
regeneration. foreign country and (except for sections 33.1-24-03-02 and
store these batteries, 33.1-24-03-02, 33.1-24-03-03,
but you aren't the 33.1-24-03-03, and 33.1-24-03-50
reclaimer. 33.1-24-03-50 through through
33.1-24-03-55), 33.1-24-03-55, and
33.1-24-04, sections applicable provisions
33.1-24-05-209, 33.1-24-05-250
through 33.1-24-05-299.
33.1-24-05-249,
33.1-24-05-300
through 309,
33.1-24-05-400
through
33.1-24-05-559,
33.1-24-05-800
through
33.1-24-05-929,
chapter 33.1-24-06,
chapter 33.1-24-07,
and the notification
requirements at
section 3010 of
Resource
Conservation and
Recovery Act.
(9) Will be reclaimed Import these Must comply with Are subject to chapter
other than through batteries from a subsection 2 of section 33.1-24-02, sections
regeneration. foreign country, and 33.1-24-05-235 and as 33.1-24-03-02 and
store these batteries appropriate other 33.1-24-03-03,
before you reclaim regulatory provisions 33.1-24-03-50
them. described in through
subsection 2 of section 33.1-24-03-55, and
### § 33.1-24-05-235. applicable provisions

under sections
33.1-24-05-250
through
33.1-24-05-299.
(10) Will be reclaimed Import these Are exempt from Are subject to chapter
other than through batteries from a chapters 33.1-24-03 33.1-24-03-02,
regeneration. foreign country and (except for sections sections
don't store these 33.1-24-03-02, 33.1-24-03-02 and
batteries before you 33.1-24-03-03, and 33.1-24-03-03,
reclaim them. 33.1-24-03-50 through 33.1-24-03-50
33.1-24-03-55), through
33.1-24-04, sections 33.1-24-03-55, and
33.1-24-05-209, under sections
through through

33.1-24-05-249, 33.1-24-05-299.
33.1-24-05-300
through 309,
33.1-24-05-400
through
33.1-24-05-559,
33.1-24-05-800
through
33.1-24-05-929,
chapter 33.1-24-06,
chapter 33.1-24-07,
and the notification
requirements at
section 3010 of
Resource
Conservation and
Recovery Act.
2. For a facility that stores spent lead-acid batteries before reclamation, but not through
regeneration, the facility is subject to the following requirements:
a. Notification under section 33.1-24-03-03.
b. All applicable provisions in sections 33.1-24-05-01 through 33.1-24-05-143, and sections
and 33.1-24-05-39.
c. All applicable regulations in chapters 33.1-24-06 and 33.1-24-07.
History: Effective January 1, 2019; amended effective July 1, 2020.
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
### § 33.1-24-05-236. [Reserved].

### § 33.1-24-05-237. [Reserved].

### § 33.1-24-05-238. [Reserved].

### § 33.1-24-05-239. [Reserved].

### § 33.1-24-05-240. [Reserved].

### § 33.1-24-05-241. [Reserved].

### § 33.1-24-05-242. [Reserved].

### § 33.1-24-05-243. [Reserved].

### § 33.1-24-05-244. [Reserved].


### § 33.1-24-05-245. [Reserved].

### § 33.1-24-05-246. [Reserved].

### § 33.1-24-05-247. [Reserved].

### § 33.1-24-05-248. [Reserved].

### § 33.1-24-05-249. [Reserved].

### § 33.1-24-05-250. Purpose, scope, and applicability to land disposal restrictions.

1. Sections 33.1-24-05-250 through 33.1-24-05-299 identify hazardous wastes that are restricted
from land disposal and defines those limited circumstances under which an otherwise
prohibited waste may continue to be land disposed.
2. Except as specifically provided otherwise in sections 33.1-24-05-250 through 33.1-24-05-299
or chapter 33.1-24-02, the requirements of sections 33.1-24-05-250 through 33.1-24-05-299
apply to persons who generate or transport hazardous waste and owners and operators of
hazardous waste treatment, storage, and disposal facilities.
3. Restricted wastes may continue to be land disposed as follows:
a. Where persons have been granted an extension from the effective date of a prohibition
under sections 33.1-24-05-266 through 33.1-24-05-279 or pursuant to section
33.1-24-05-254, with respect to those wastes covered by the extension;
b. Where persons have been granted an exemption from a prohibition pursuant to a petition
under section 33.1-24-05-255, with respect to those wastes and units covered by the
petition;
c. Wastes that are hazardous only because they exhibit a hazardous characteristic, and
which are otherwise prohibited under sections 33.1-24-05-250 through 33.1-24-05-299,
or 40 CFR part 148, are not prohibited if the wastes:
(1) Are disposed into a nonhazardous or hazardous injection well as defined in 40 CFR
144.6(a); and
(2) Do not exhibit any prohibited characteristic of hazardous waste identified in sections
d. Wastes that are hazardous only because they exhibit a hazardous characteristic, and
which are otherwise prohibited under sections 33.1-24-05-250 through 33.1-24-05-299,
are not prohibited if the wastes meet any of the following criteria, unless the wastes are
subject to a specified method of treatment other than deactivation to remove the
hazardous characteristic in section 33.1-24-05-280, or are D003 reactive cyanide:
(1) The wastes are managed in a treatment system which subsequently discharges to
waters of the United States pursuant to a permit issued under section 402 of the
Clean Water Act;
(2) The wastes are treated for purposes of the pretreatment requirements of
section 307 of the Clean Water Act; or

(3) The wastes are managed in a zero discharge system engaged in Clean Water
Act-equivalent treatment as defined in subsection 1 of section 33.1-24-05-277; and
(4) The wastes no longer exhibit a prohibited characteristic at the point of land disposal
(for example, placement in a surface impoundment).
4. The requirements of sections 33.1-24-05-250 through 33.1-24-05-299 do not affect the
availability of a waiver under section 121(d)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
5. The following hazardous wastes are not subject to any provision of sections 33.1-24-05-250
through 33.1-24-05-299:
a. Waste generated by very small quantity generators as defined in section 33.1-24-01-04.
b. Waste pesticides that a farmer disposes of pursuant to section 33.1-24-03-40.
c. Wastes identified or listed as hazardous after November 8, 1984, for which the
department has not promulgated land disposal prohibitions or treatment standards.
d. De minimis losses of characteristic wastes to wastewaters are not considered to be
prohibited wastes and are defined as losses from normal material handling operations
(for example, spills from the unloading or transfer of materials from bins or other
containers, leaks from pipes, valves, or other devices used to transfer materials); minor
leaks of process equipment, storage tanks, or containers; leaks from well-maintained
pump packings and seals; sample purgings; relief device discharges; discharges from
safety showers and rinsing and cleaning of personal safety equipment; rinsate from
empty containers or from containers that are rendered empty by that rinsing; and
laboratory wastes not exceeding one percent of the total flow of wastewater into the
facility's headworks on an annual basis, or with a combined annualized average
concentration not exceeding one part per million in the headworks of the facility's
wastewater treatment or pretreatment facility.
6. Universal waste handlers and universal waste transporters, as defined in section
33.1-24-01-04, are exempt from sections 33.1-24-05-256 and 33.1-24-05-290 for the wastes
listed below. These handlers are subject to regulation under sections 33.1-24-05-700 through
33.1-24-05-799.
a. Batteries as described in section 33.1-24-05-702;
b. Pesticides as described in section 33.1-24-05-703;
c. Mercury-containing equipment as described in section 33.1-24-05-704;
d. Lamps as described in section 33.1-24-05-705; and
e. Aerosol cans as described in section 33.1-24-05-706.
History: Effective January 1, 2019; amended effective July 1, 2020; July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-251. Definitions applicable to sections 33.

1-24-05-250 through 33.1-24-05-299.
When used in sections 33.1-24-05-250 through 33.1-24-05-299, the following terms have the
meanings given below:

1. "Debris" means solid material exceeding a sixty-millimeter particle size that is intended for
disposal and that is a manufactured object, plant or animal matter, or natural geologic
material. However, the following materials are not debris: any material for which a specific
treatment standard is provided in sections 33.1-24-05-280 through 33.1-24-05-289, namely
lead-acid batteries, cadmium batteries, and radioactive lead solids; process residuals such as
smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission
residues; and intact containers of hazardous waste that are not ruptured and that retain at
least seventy-five percent of their original volume. A mixture of debris that has not been
treated to the standards provided by section 33.1-24-05-285 and other material is subject to
regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual
inspection.
2. "Halogenated organic compounds or HOCs" mean those compounds having a
carbon-halogen bond.
3. "Hazardous constituent or constituents" means those constituents listed in appendix V to
chapter 33.1-24-02.
4. "Hazardous debris" means debris that contains a hazardous waste listed in sections
identified in sections 33.1-24-02-10 through 33.1-24-02-14. Any deliberate mixing of prohibited
hazardous waste with debris that changes its treatment classification (for example, from waste
to hazardous debris) is not allowed under the dilution prohibition in section 33.1-24-05-252.
5. "Inorganic metal-bearing waste" is a waste for which the environmental protection agency has
established treatment standards for metal hazardous constituents, and which does not
otherwise contain significant organic or cyanide content as described in subdivision a of
subsection 3 of section 33.1-24-05-252, and is specifically listed in appendix XXIX of chapter
33.1-24-05.
6. "Land disposal" means placement in or on the land, except in a corrective action management
unit or staging pile, and includes placement in a landfill, surface impoundment, waste pile,
injection well, land treatment facility, salt dome formation, salt bed formation, underground
mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.
7. "Nonwastewaters" are wastes that do not meet the criteria for wastewaters in subsection 11.
8. "Polychlorinated biphenyls or PCBs" are halogenated organic compounds defined in
accordance with 40 CFR 761.3.
9. "Soil" means unconsolidated earth material composing the superficial geologic strata (material
overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the
United States natural resources conservation service, or a mixture of such materials with
liquids, sludges, or solids which is inseparable by simple mechanical removal processes and
is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of
prohibited hazardous waste with soil that changes its treatment classification (for example,
from waste to contaminated soil) is not allowed under the dilution prohibition in section
33.1-24-05-252.
10. "Underlying hazardous constituent" means any constituent listed in section 33.1-24-05-288,
table universal treatment standards, except fluoride, selenium, sulfides, vanadium, and zinc,
which can reasonably be expected to be present at the point of generation of the hazardous
waste, at a concentration above the constituent-specific universal treatment standards
treatment standard.

11. "Wastewaters" are wastes that contain less than one percent by weight total organic carbon
and less than one percent by weight total suspended solids.
History: Effective January 1, 2019.
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
### § 33.1-24-05-252. Dilution prohibited as a substitute for treatment.

1. Except as provided in subsection 2, no generator, transporter, handler, or owner or operator of
a treatment, storage, or disposal facility shall in any way dilute a restricted waste or the
residual from treatment of a restricted waste as a substitute for adequate treatment to achieve
compliance with sections 33.1-24-05-280 through 33.1-24-05-289, to circumvent the effective
date of a prohibition in sections 33.1-24-05-266 through 33.1-24-05-279, to otherwise avoid a
prohibition in sections 33.1-24-05-266 through 33.1-24-05-279, or to circumvent a land
disposal prohibition imposed by Resource Conservation and Recovery Act section 3004.
2. Dilution of wastes that are hazardous only because they exhibit a characteristic in treatment
systems which include land-based units which treat wastes subsequently discharged to a
water of the United States pursuant to a permit issued under section 402 of the Clean Water
Act, or which treat wastes in a Clean Water Act-equivalent treatment system, or which treat
wastes for the purposes of pretreatment requirements under section 307 of the Clean Water
Act is not impermissible dilution for purposes of this section unless a method other than
deactivation to remove the hazardous characteristic has been specified in section
wastewater or nonwastewater.
3. Combustion of the hazardous waste codes listed in appendix XXIX is prohibited, unless the
waste, at the point of generation, or after any bona fide treatment such as cyanide destruction
prior to combustion, can be demonstrated to comply with one or more of the following criteria,
unless otherwise specifically prohibited from combustion:
a. The waste contains hazardous organic constituents or cyanide at levels exceeding the
constituent-specific treatment standard specified in section 33.1-24-05-288;
b. The waste consists of organic, debris-like materials (for example, wood, paper, plastic, or
cloth) contaminated with an inorganic metal-bearing hazardous waste;
c. The waste, at point of generation, has reasonable heating value such as greater than or
equal to five thousand British thermal units per pound;
d. The waste is cogenerated with wastes for which combustion is a required method of
treatment;
e. The waste is subject to requirements necessitating reduction of organics, including
biological agents; or
f. The waste contains greater than one percent total organic carbon.
4. It is a form of impermissible dilution, and therefore prohibited, to add iron filings or other
metallic forms of iron to lead-containing hazardous wastes in order to achieve any land
disposal restriction treatment standard for lead. Lead-containing wastes include D008 wastes
(wastes exhibiting a characteristic due to the presence of lead), all characteristic wastes
containing lead as an underlying hazardous constituent, listed wastes containing lead as a
regulated constituent, and hazardous media containing any of the aforementioned
lead-containing wastes.

History: Effective January 1, 2019.
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
### § 33.1-24-05-253. Treatment surface impoundment exemption.

1. Wastes which are otherwise prohibited from land disposal under sections 33.1-24-05-250
through 33.1-24-05-299 may be treated in a surface impoundment or series of impoundments
provided that:
a. Treatment of such wastes occurs in the impoundments.
b. The following conditions are met:
(1) Sampling and testing. For wastes with treatment standards in sections
Recovery Act section 3004(d), the residues from treatment are analyzed, as
specified in section 33.1-24-05-256 or 33.1-24-05-272, to determine if the wastes
meet the applicable treatment standards or where no treatment standards have
been established for the waste, the applicable prohibition levels. The sampling
method, specified in the waste analysis plan under section 33.1-24-05-04, must be
designed such that representative samples of the sludge and the supernatant are
tested separately rather than mixed to form homogeneous samples.
(2) Removal. The following treatment residues (including any liquid waste) must be
removed at least annually: residues which do not meet the treatment standards
promulgated under sections 33.1-24-05-280 through 33.1-24-05-289; residues
which do not meet the prohibition levels established under sections 33.1-24-05-266
through 33.1-24-05-279 or imposed by statute (where no treatment standards have
been established); residues which are from the treatment of wastes prohibited from
land disposal under sections 33.1-24-05-266 through 33.1-24-05-279 (where no
treatment standards have been established and no prohibition levels apply); or
residues from managing listed wastes which are not delisted under section
### § 33.1-24-01-08. If the volume of liquid flowing through the impoundment or series of

impoundments annually is greater than the volume of the impoundment or
impoundments, this flowthrough constitutes removal of the supernatant for the
purpose of this requirement.
(3) Subsequent management. Treatment residues may not be placed in any other
surface impoundment for subsequent management.
(4) Recordkeeping. Sampling and testing and recordkeeping provisions of section
c. The impoundment meets the design requirements of subsection 3 of section
33.1-24-05-119, regardless the unit may not be new, expanded, or a replacement, and be
in compliance with applicable ground water monitoring requirements of sections
(1) Exempted pursuant to subsection 4 or 5 of section 33.1-24-05-119;
(2) Upon application by the owner or operator, the department, after notice and an
opportunity to comment, has granted a waiver of the requirements on the basis that
the surface impoundment:
(a) Has at least one liner, for which there is no evidence that such liner is leaking;

(b) Is located more than one-quarter mile [402.3 meters] from an underground
source of drinking water; and
(c) Is in compliance with generally applicable ground water monitoring
requirements for facilities with permits; or
(3) Upon application by the owner or operator, the department, after notice and an
opportunity to comment, has granted a modification to the requirements on the
basis of a demonstration that the surface impoundment is located, designed, and
operated so as to assure that there will be no migration of any hazardous
constituent into ground water or surface water at any future time.
d. The owner or operator submits to the department a written certification that the
requirements of subdivision c of subsection 1 have been met. The following certification
is required:
I certify under penalty of law that the requirements of subdivision c of subsection 1 of
section 33.1-24-05-253 have been met for all surface impoundments being used to treat
restricted wastes. I believe that the submitted information is true, accurate, and complete.
I am aware that there are significant penalties for submitting false information, including
the possibility of fine and imprisonment.
2. Evaporation of hazardous constituents as the principal means of treatment is not considered
to be treatment for purposes of an exemption under this section.
History: Effective January 1, 2019.
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
### § 33.1-24-05-254. Procedures for case-by-case extensions to an effective date.

1. Any person who generates, treats, stores, or disposes of a hazardous waste may submit an
application to the administrator for an extension to the effective date of any applicable
restriction established under sections 33.1-24-05-266 through 33.1-24-05-279. The applicant
shall demonstrate the following:
a. The applicant has made a good-faith effort to locate and contract with treatment,
recovery, or disposal facilities nationwide to manage the applicant's waste in accordance
with the effective date of the applicable restrictions established under sections
b. The applicant has entered into a binding contractual commitment to construct or
otherwise provide alternative treatment, recovery, (for example, recycling), or disposal
capacity that meets the treatment standards specified in sections 33.1-24-05-280 through
recovery, or disposal capacity is protective of human health and the environment;
c. Due to circumstances beyond the applicant's control, such alternative capacity cannot
reasonably be made available by the applicable effective date. This demonstration may
include a showing that the technical and practical difficulties associated with providing the
alternative capacity will result in the capacity not being available by the applicable
effective date;
d. The capacity being constructed or otherwise provided by the applicant will be sufficient to
manage the entire quantity of waste that is the subject of the application;

e. The applicant provides a detailed schedule for obtaining required operating and
construction permits or an outline of how and when alternative capacity will be available;
f. The applicant has arranged for adequate capacity to manage the applicant's waste
during an extension and has documented in the application the location of all sites at
which the waste will be managed; and
g. Any waste managed in a surface impoundment or landfill during the extension period will
meet the requirements of subdivision b of subsection 8.
2. An authorized representative signing an application described under subsection 1 shall make
the following certification: I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this document and all attachments and that
based on my inquiry of those individuals immediately responsible for obtaining the information,
I believe that the information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and
imprisonment.
3. After receiving an application for an extension, the administrator may request any additional
information which the administrator deems as necessary to evaluate the application.
4. An extension will apply only to the waste generated at the individual facility covered by the
application and will not apply to restricted waste from any other facility.
5. On the basis of the information referred to in subsection 1, after notice and opportunity for
comment, and after consultation with appropriate state agencies in all affected states, the
administrator may grant an extension of up to one year from the effective date. The
administrator may renew this extension for up to one additional year upon the request of the
applicant if the demonstration required in subsection 1 can still be made. In no event will an
extension extend beyond twenty-four months from the applicable effective date specified in
sections 33.1-24-05-266 through 33.1-24-05-279. The length of any extension authorized will
be determined by the administrator based on the time required to construct or obtain the type
of capacity needed by the applicant as described in the completion schedule discussed in
subdivision e of subsection 1. The administrator will give public notice of the intent to approve
or deny a petition and provide an opportunity for public comment. The final decision on a
petition will be published in the federal register.
6. Any person granted an extension under this section shall immediately notify the administrator
as soon as that person has knowledge of any change in the conditions certified to in the
application.
7. Any person granted an extension under this section shall submit written progress reports at
intervals designated by the administrator. Such reports must describe the overall progress
made toward constructing or otherwise providing alternative treatment, recovery, or disposal
capacity; must identify any event which may cause or has caused a delay in the development
of the capacity; and must summarize the steps taken to mitigate the delay. The administrator
can revoke an extension at any time if the applicant does not demonstrate a good-faith effort
to meet the schedule for completion, if the environmental protection agency denies or revokes
any required permit, if conditions certified in the application change, or for any violation of this
article.
8. When the administrator establishes an extension to an effective date under this section, during
the period for which such extension is in effect:
a. The storage restrictions under subsection 1 of section 33.1-24-05-290 do not apply; and

b. Such hazardous waste may be disposed in a landfill or surface impoundment only if such
unit is in compliance with the technical requirements of the following provisions
regardless of whether such unit is existing, new, or a replacement or lateral expansion.
(1) The landfill, if in interim status, is in compliance with the applicable requirements of
subsection 5 of section 33.1-24-06-16;
(2) The landfill, if permitted, is in compliance with the requirements of sections
33.1-24-05-177;
(3) The surface impoundment, if in interim status, is in compliance with the applicable
requirements of subsection 5 of section 33.1-24-06-16, and Resource Conservation
and Recovery Act section 3005(j)(1);
(4) The surface impoundment, if permitted, is in compliance with the requirements of
sections 33.1-24-05-47 through 33.1-24-05-58 and subsections 3, 4, and 5 of
section 33.1-24-05-119;
(5) The surface impoundment, if newly subject to Resource Conservation and Recovery
Act section 3005(j)(1) due to the promulgation of additional listings or characteristics
for the identification of hazardous waste, is in compliance with the requirements of
subsection 5 of section 33.1-24-06-16 (subpart F of 40 CFR part 265) within twelve
months after the promulgation of additional listings or characteristics of hazardous
waste, and with the requirements of subsection 5 of section 33.1-24-06-16 (40 CFR
section 265.221 (a), (c), and (d)) within forty-eight months after the promulgation of
additional listings or characteristics of hazardous waste. If a national capacity
variance is granted, during the period the variance is in effect, the surface
impoundment, if newly subject to Resource Conservation and Recovery Act section
3005(j)(1) due to the promulgation of additional listings or characteristics of
hazardous waste, is in compliance with the requirements of subsection 5 of section
promulgation of additional listings or characteristics of hazardous waste, and with
the requirements of subsection 5 of section 33.1-24-06-16 (40 CFR section 265.221
(a), (c), and (d)) within forty-eight months after the promulgation of additional listings
or characteristics of hazardous waste; or
(6) The landfill, if disposing of containerized liquid hazardous wastes containing
polychlorinated biphenyls of concentrations greater than or equal to fifty parts per
million, but less than five hundred parts per million, is also in compliance with the
requirements of 40 CFR 761.75 and this article.
9. Pending a decision on an application, the applicant is required to comply with all restrictions
on land disposal under sections 33.1-24-05-250 through 33.1-24-05-299 once the effective
date for the waste has been reached.
History: Effective January 1, 2019.
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
### § 33.1-24-05-255. Petitions to allow land disposal of a waste prohibited under sections

1. Any person seeking an exemption from a prohibition under sections 33.1-24-05-266 through
shall submit a petition to the administrator demonstrating, to a reasonable degree of certainty,

that there will be no migration of hazardous constituents from the disposal unit or injection
zone for as long as the wastes remain hazardous. The demonstration must include the
following components:
a. An identification of the specific waste and the specific unit for which the demonstration
will be made;
b. A waste analysis to describe fully the chemical and physical characteristics of the subject
waste;
c. A comprehensive characterization of the disposal unit site, including an analysis of
background air, soil, and water quality;
d. A monitoring plan that detects migration at the earliest practicable time; and
e. Sufficient information to assure the administrator that the owner or operator of a land
disposal unit receiving restricted wastes will comply with other applicable federal, state,
and local laws.
2. The demonstration referred to in subsection 1 must meet the following criteria:
a. All waste and environmental sampling, test, and analysis data must be accurate and
reproducible to the extent that state of the art techniques allow;
b. All sampling, testing, and estimation techniques for chemical and physical properties of
the waste and all environmental parameters must have been approved by the
administrator;
c. Simulation models must be calibrated for the specific waste and site conditions, and
verified for accuracy by comparison with actual measurements;
d. A quality assurance and quality control plan that addresses all aspects of the
demonstration must be approved by the administrator; and
e. An analysis must be performed to identify and quantify any aspects of the demonstration
that contribute significantly to uncertainty. This analysis must include an evaluation of the
consequences of predictable future events, including earthquakes, floods, severe storm
events, droughts, or other natural phenomena.
3. Each petition referred to in subsection 1 must include the following:
a. A monitoring plan that describes the monitoring program installed at or around the unit to
verify continued compliance with the conditions of the variance. This monitoring plan
must provide information on the monitoring of the unit or the environment around the unit,
or both. The following specific information must be included in the plan:
(1) The media monitored in the cases where monitoring of the environment around the
unit is required;
(2) The type of monitoring conducted at the unit, in the cases where monitoring of the
unit is required;
(3) The location of the monitoring station;
(4) The monitoring interval (frequency of monitoring at each station);
(5) The specific hazardous constituents to be monitored;

(6) The implementation schedule for the monitoring program;
(7) The equipment used at the monitoring station;
(8) The sampling and analytical techniques employed; and
(9) The data recording and reporting procedures.
b. Where applicable, the monitoring program described in subdivision a must be in place for
a period of time specified by the administrator, as part of the administrator's approval of
the petition, prior to receipt of prohibited waste at the unit.
c. The monitoring data collected according to the monitoring plan specified under
subdivision a must be sent to the administrator according to a format and schedule
specified and approved in the monitoring plan.
d. A copy of the monitoring data collected under the monitoring plan specified under
subdivision a must be kept onsite at the facility in the operating record.
e. The monitoring program specified under subdivision a meets the following criteria:
(1) All sampling, testing, and analytical data must be approved by the administrator and
must provide data that is accurate and reproducible.
(2) All estimation and monitoring techniques must be approved by the administrator.
(3) A quality assurance and quality control plan addressing all aspects of the monitoring
program must be provided to and approved by the administrator.
4. Each petition must be submitted to the administrator.
5. After a petition has been approved, the owner or operator must report any changes in
conditions at the unit or the environment around the unit, or both, that significantly depart from
the conditions described in the variance and affect the potential for migration of hazardous
constituents from the units as follows:
a. If the owner or operator plans to make changes to the unit design, construction, or
operation, such a change must be proposed in writing and the owner or operator must
submit a demonstration to the administrator at least thirty days prior to making the
change. The administrator will determine whether the proposed change invalidates the
terms of the petition and will determine the appropriate response. Any change must be
approved by the administrator prior to being made.
b. If the owner or operator discovers that a condition at the site which was modeled or
predicted in the petition does not occur as predicted, this change must be reported, in
writing, to the administrator within ten days of discovering the change. The administrator
will determine whether the reported change from the terms of the petition requires further
action which may include termination of waste acceptance and revocation of the petition,
petition modifications, or other responses.
6. If the owner or operator determines that there is migration of hazardous constituents from the
unit, the owner or operator must:
a. Immediately suspend receipt of prohibited waste at the unit; and
b. Notify the administrator in writing, within ten days of the determination that a release has
occurred.

c. Following receipt of the notification the administrator will determine, within sixty days of
receiving notification, whether the owner or operator can continue to receive prohibited
waste in the unit and whether the variance is to be revoked. The administrator shall also
determine whether further examination of any migration is warranted under applicable
provisions of chapter 33.1-24-05.
7. Each petition must include the following statement signed by the petitioner or an authorized
representative: I certify under penalty of law that I have personally examined and am familiar
with the information submitted in this petition and all attached documents, and that, based on
my inquiry of those individuals immediately responsible for obtaining the information, I believe
that submitted information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and
imprisonment.
8. After receiving a petition, the administrator may request any additional information that
reasonably may be required to evaluate the demonstration.
9. If approved, the petition will apply to land disposal of the specific restricted waste at the
individual disposal unit described in the demonstration and will not apply to any other
restricted waste at that disposal unit, or to that specific restricted waste at any other disposal
unit.
10. The administrator will give public notice in the federal register of the intent to approve or deny
a petition and provide an opportunity for public comment. The final decision on a petition will
be published in the federal register.
11. The term of a petition granted under this section may be no longer than the term of the
hazardous waste permit if the disposal unit is operating under a hazardous waste permit, or
up to a maximum of five years from the date of approval provided under subsection 7 if the
unit is operating under interim status. In either case, the term of the granted petition expires
upon the termination or denial of a hazardous waste permit, or upon the termination of interim
status or when the volume limit of waste to be land disposed during the term of petition is
reached.
12. Prior to the administrator's decision, the applicant is required to comply with all restrictions on
land disposal under sections 33.1-24-05-250 through 33.1-24-05-299 once the effective date
for the waste has been reached.
13. The petition granted by the administrator does not relieve the petitioner of the petitioner's
responsibility in the management of hazardous waste under chapters 33.1-24-01 through
33.1-24-07.
14. Liquid hazardous wastes containing polychlorinated biphenyls of concentrations greater than
or equal to five hundred parts per million are not eligible for an exemption under this section.
History: Effective January 1, 2019.
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
### § 33.1-24-05-256. Testing, tracking, and recordkeeping requirements for generators, reverse

distributors, treaters, and disposal facilities.
1. Requirements for generators and reverse distributors:
a. A generator of hazardous waste must determine if the waste has to be treated before it
can be land disposed. This is done by determining if the hazardous waste meets the
treatment standards in section 33.1-24-05-280, 33.1-24-05-285, or 33.1-24-05-289. This

determination can be made concurrently with the hazardous waste determination
required in section 33.1-24-03-02, in either of two ways, testing the waste or using
knowledge of the waste. If the generator tests the waste, testing would normally
determine the total concentration of hazardous constituents, or the concentration of
hazardous constituents in an extract of the waste obtained using test method 1311 in
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", environmental
protection agency publication SW-846, as referenced in section 33.1-24-01-05,
depending on whether the treatment standard for the waste is expressed as a total
concentration or concentration of hazardous constituent in the waste's extract.
(Alternatively, the generator must send the waste to a hazardous waste permitted
treatment facility, where the waste treatment facility must comply with the requirements of
section 33.1-24-05-04 and subsection 2.) In addition, some hazardous wastes must be
treated by particular treatment methods before they can be land disposed and some soils
are contaminated by such hazardous wastes. These treatment standards are also found
in section 33.1-24-05-280 and are described in detail in section 33.1-24-05-282, table 1.
These wastes, and soils contaminated with such wastes, do not need to be tested
(however, if they are in a waste mixture, other wastes with concentration level treatment
standards would have to be tested). If a generator determines they are managing a
waste or soil contaminated with a waste, that displays a hazardous characteristic of
ignitability, corrosivity, reactivity, or toxicity, they must comply with the special
requirements of section 33.1-24-05-258 in addition to any applicable requirements in this
section.
b. If the waste or contaminated soil does not meet the treatment standards, or if the
generator chooses not to make the determination of whether the generator's waste must
be treated, with the initial shipment of waste to each treatment or storage facility, the
generator must send a one-time written notice to each treatment or storage facility
receiving the waste and place a copy in the file. The notice must include the information
in column "subdivision b" of the generator paperwork requirements table in subdivision d.
(Alternatively, if the generator chooses not to make the determination of whether the
waste must be treated, the notification must include the hazardous waste numbers and
manifest number of the first shipment and must state "This hazardous waste may or may
not be subject to the land disposal restrictions treatment standards. The treatment facility
must make the determination".) No further notification is necessary until such time that
the waste or facility change, in which case a new notification must be sent and a copy
placed in the generator's file.
(1) For contaminated soil, the following certification statement should be included,
signed by an authorized representative:
I certify under penalty of law that I personally have examined this contaminated soil
and it [does/does not] contain listed hazardous waste and [does/does not] exhibit a
characteristic of hazardous waste and requires treatment to meet the soil treatment
standards as provided by subsection 3 of section 33.1-24-05-289.
(2) [Reserved]
c. If the waste or contaminated soil meets the treatment standard at the original point of
generation:
(1) With the initial shipment of waste to each treatment, storage, or disposal facility, the
generator must send a one-time written notice to each treatment, storage, or
disposal facility receiving the waste and place a copy in the file. The notice must
include the information indicated in column "subdivision c" of the generator

paperwork requirements table in subdivision d of subsection 1 and the following
certification statement, signed by an authorized representative:
I certify under penalty of law that I personally have examined and am familiar with
the waste through analysis and testing or through knowledge of the waste to
support this certification that the waste complies with the treatment standards
specified in sections 33.1-24-05-280 through 33.1-24-05-289. I believe that the
information I submitted is true, accurate, and complete. I am aware that there are
significant penalties for submitting a false certification, including the possibility of a
fine and imprisonment.
(2) For contaminated soil, with the initial shipment of wastes to each treatment, storage,
or disposal facility, the generator must send a one-time written notice to each facility
receiving the waste and place a copy in the file. The notice must include the
information in column "subdivision c" of the generator paperwork requirements table
in subdivision d of subsection 1.
(3) If the waste changes, the generator must send a new notice and certification to the
receiving facility and place a copy in its files. Generators of hazardous debris
excluded from the definition of hazardous waste under subsection 5 of section
d. For reporting, tracking, and recordkeeping when exceptions allow certain wastes or
contaminated soil that do not meet the treatment standards to be land disposed there are
certain exemptions from the requirement that hazardous wastes or contaminated soil
meet treatment standards before they can be land disposed. These include case-by-case
extensions under section 33.1-24-05-254, disposal in a no-migration unit under section
33.1-24-05-255, or a national capacity variance or case-by-case capacity variance under
sections 33.1-24-05-266 through 33.1-24-05-279. If a generator's waste is so exempt,
then with the initial shipment of waste, the generator must send a one-time written notice
to each land disposal facility receiving the waste. The notice must include the information
indicated in column "subdivision d" of the generator paperwork requirements table. If the
waste changes, the generator must send a new notice to the receiving facility and place
a copy in its files.
Generator Paperwork Requirements Table
Required Information* Subdivision b Subdivision c Subdivision d Subdivision i
1. Environmental protection agency √ √ √ √
hazardous waste numbers and manifest
number of first shipment.
2. Statement: This waste is not prohibited √
from land disposal.
3. The waste is subject to the land √ √
disposal restrictions. The constituents of
concern for F001-F005, and F039, and
underlying hazardous constituents in
characteristic wastes, unless the waste
will be treated and monitored for all
constituents. If all constituents will be
treated and monitored, there is no need
to put them all on the land disposal
restriction notice.
4. The notice must include the applicable √ √
wastewater/nonwastewater category
(see subsections 7 and 11 of section

Generator Paperwork Requirements Table
Required Information* Subdivision b Subdivision c Subdivision d Subdivision i
33-24-05-251) and subdivisions made
within a waste code based on
waste-specific criteria (such as D003
reactive cyanide).
5. Waste analysis data (when available). √ √ √
6. Date the waste is subject to the √
prohibition.
7. For hazardous debris, when treating √ √
with the alternative treatment
technologies provided by section
33-24-05-285, the contaminants subject
to treatment, as described in
subsection 2 of section 33-24-05-285;
and an indication that these
contaminants are being treated to
comply with section 33-24-05-285.
8. For contaminated soil subject to land √ √
disposal restrictions as provided in
subsection 1 of section 33-24-05-289,
the constituents subject to treatment as
described in subsection 4 of section
33-24-05-289, and the following
statements: This contaminated soil
[does/does not] contain listed
hazardous waste and [does/does not]
exhibit a characteristic of hazardous
waste and [is subject to/complies with]
the soil treatment standards as
provided by subsection 3 of section
standards.
9. A certification is needed (see applicable √ √
section for exact wording).
*Note: Information requirements referenced in the above table can be found in the
indicated subdivision of subsection 1.
e. If a generator is managing and treating prohibited waste, or contaminated soil in tanks,
containers, or containment buildings regulated under sections 33.1-24-03-27 through
section 33.1-24-05-280, the generator must develop and follow a written waste analysis
plan which describes the procedures the generator will carry out to comply with the
treatment standards. (Generators treating hazardous debris under the alternative
treatment standards of table 1, section 33.1-24-05-285; however, are not subject to these
waste analysis requirements.) The plan must be kept onsite in the generator's records,
and the following requirements must be met:
(1) The waste analysis plan must be based on a detailed chemical and physical
analysis of a representative sample of the prohibited waste or wastes being treated
and contain all information necessary to treat the waste or wastes in accordance
with the requirements of sections 33.1-24-05-250 through 33.1-24-05-299, including
the selected testing frequency.
(2) Such plan must be kept in the facility's onsite files and made available to inspectors.

(3) Wastes shipped offsite pursuant to this subdivision must comply with the notification
requirements of subdivision c.
f. If a generator determines that the waste, or contaminated soil, is restricted based solely
on the generator's knowledge of the waste, all supporting data used to make this
determination must be retained onsite in the generator's files. If a generator determines
that the waste or contaminated soil is restricted based on testing this waste or an extract
developed using the test method 1311 in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods", environmental protection agency publication SW-846,
incorporated by reference in section 33.1-24-01-05, and all waste analysis data must be
retained onsite in the generator's files.
g. If a generator determines that the generator is managing a prohibited waste that is
excluded from the definition of hazardous or solid waste or is exempted from hazardous
waste regulation under sections 33.1-24-02-02 through 33.1-24-02-06 subsequent to the
point of generation (including deactivated characteristic hazardous wastes managed in
wastewater treatment systems subject to the Clean Water Act, as specified at
subdivision b of subsection 1 of section 33.1-24-02-04 or that are Clean Water
Act-equivalent, or are managed in an underground injection well regulated by the Safe
Drinking Water Act), the generator must place a one-time notice describing such
generation, subsequent exclusion from the definition of hazardous or solid waste or
exemption from hazardous waste regulation, and the disposition of the waste, in the
facility's onsite files.
h. Generators must retain onsite a copy of all notices, certifications, waste analysis data,
and other documentation produced pursuant to this section for at least three years from
the date that the waste that is the subject of such documentation was last sent to onsite
or offsite treatment, storage, or disposal. The three-year record retention period is
automatically extended during the course of any unresolved enforcement action
regarding the regulated activity or as requested by the department. The requirements of
this subsection apply to solid wastes even when the hazardous characteristic is removed
prior to disposal, or when the waste is excluded from the definition of hazardous or solid
waste under sections 33.1-24-02-02 through 33.1-24-02-06, or exempted from
hazardous waste regulation, subsequent to the point of generation.
i. If a generator is managing a lab pack containing hazardous wastes and wishes to use
the alternative treatment standard for lab packs found at subsection 3 of section
33.1-24-05-282:
(1) With the initial shipment of waste to a treatment facility, the generator must submit a
notice that provides the information in column "subdivision i" in the generator
paperwork requirements table of subdivision d, and the following certification. The
certification, which must be signed by an authorized representative and must be
placed in the generator's files, must say the following:
I certify under penalty of law that I personally have examined and am familiar with
the waste and that the lab pack contains only wastes that have not been excluded
under appendix VIII to chapter 33.1-24-05 and that this lab pack will be sent to a
combustion facility in compliance with the alternative treatment standards for lab
packs at subsection 3 of section 33.1-24-05-282. I am aware that there are
significant penalties for submitting a false certification, including the possibility of
fine or imprisonment.
(2) No further notification is necessary until such time that the wastes in the lab pack
change, or the receiving facility changes, in which case a new notice and
certification must be sent and a copy placed in the generator's file.

(3) If the lab pack contains characteristic hazardous wastes (D001-D043), underlying
hazardous constituents (as defined in subsection 10 of section 33.1-24-05-251)
need not be determined.
(4) The generator must also comply with the requirements in subdivisions f and g.
j. Small quantity generators with tolling agreements pursuant to subsection 5 of section
of subsection 1 for the initial shipment of the waste subject to the agreement. Such
generators must retain onsite a copy of the notification and certification, together with the
tolling agreement, for at least three years after termination or expiration of the
agreement. The three-year record retention period is automatically extended during the
course of any unresolved enforcement action regarding the regulated activity or as
requested by the department.
2. Treatment facilities must test their wastes according to the frequency specified in their waste
analysis plans as required by section 33.1-24-05-04 for permitted facilities or the applicable
requirements of subsection 5 of section 33.1-24-06-16 for interim status facilities. Such testing
must be performed as provided in subdivisions a, b, and c.
a. For wastes or contaminated soil with treatment standards expressed in the waste extract
(toxicity characteristic leaching procedure), the owner or operator of the treatment facility
must test an extract of the treatment residues, using test method 1311 (the toxicity
characteristic leaching procedure, described in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods'', environmental protection agency publication SW-846, as
incorporated by reference in section 33.1-24-01-05) to assure that the treatment residues
extract meet the applicable treatment standards.
b. For wastes or contaminated soil with treatment standards expressed as concentrations in
the waste, the owner or operator of the treatment facility must test the treatment residues
(not an extract of such residues) to assure that they meet the applicable treatment
standards.
c. A one-time notice must be sent with the initial shipment of waste or contaminated soil to
the land disposal facility. A copy of the notice must be placed in the treatment facility's
file.
(1) No further notification is necessary until such time that the waste or receiving facility
change, in which case a new notice must be sent and a copy placed in the
treatment facility's file.
(2) The one-time notice must include these requirements:
Treatment Facility Paperwork Requirements Table
Required Information Subsection 2
1. Hazardous waste number or numbers and manifest number of first √
shipment.
2. The waste is subject to the land disposal restrictions. The constituents √
of concern for F001-F005, and F039, and underlying hazardous
constituents in characteristic wastes, unless the waste will be treated
and monitored for all constituents. If all constituents will be treated
and monitored, there is no need to put them all on the land disposal
restriction notice.
3. The notice must include the applicable wastewater/nonwastewater √
category (see subsections 7 and 11 of section 33-24-05-251), and
subdivisions made within a waste code based on waste-specific

criteria (such as D003 reactive cyanides).
4. Waste analysis data (when available). √
5. For contaminated soil subject to land disposal restrictions as provided √
in subsection 1 of section 33-24-05-289, the constituents subject to
treatment as described in subsection 4 of section 33-24-05-289, and
the following statement: "This contaminated soil [does/does not]
contain listed hazardous waste and [does/does not] exhibit a
characteristic of hazardous waste and [is subject to/complies with] the
soil treatment standards as provided by subsection 3 of section
33-24-05-289."
6. A certification is needed (see applicable section for exact wording). √
d. The treatment facility must submit a one-time certification signed by an authorized
representative with the initial shipment of waste or treatment residue of a restricted waste
to the land disposal facility. The certification must state:
I certify under penalty of law that I have personally examined and am familiar with the
treatment technology and operation of the treatment process used to support this
certification. Based on my inquiry of those individuals immediately responsible for
obtaining this information, I believe that the treatment process has been operated and
maintained properly so as to comply with the treatment standards specified in section
are significant penalties for submitting a false certification, including the possibility of fine
and imprisonment.
A certification is also necessary for contaminated soil and it must state:
I certify under penalty of law that I have personally examined and am familiar with the
treatment technology and operation of the treatment process used to support this
certification and believe that it has been maintained and operated properly so as to
comply with treatment standards specified in section 33.1-24-05-289 without
impermissible dilution of the prohibited wastes. I am aware there are significant penalties
for submitting a false certification, including the possibility of fine and imprisonment.
(1) A copy of the certification must be placed in the treatment facility's onsite files. If the
waste or treatment residue changes, or the receiving facility changes, a new
certification must be sent to the receiving facility, and a copy placed in the file.
(2) Debris excluded from the definition of hazardous waste under subsection 5 of
section 33.1-24-02-03 (for example, debris treated by an extraction or destruction
technology provided by table 1, section 33.1-24-05-285, and debris that the
department has determined does not contain hazardous waste); however, is subject
to the notification and certification requirements of subsection 4 rather than the
certification requirements of this subsection.
(3) For wastes with organic constituents having treatment standards expressed as
concentration levels, if compliance with the treatment standards is based in whole or
in part on the analytical detection limit alternative specified in subsection 4 of
section 33.1-24-05-280, the certification, signed by an authorized representative,
must state the following:
I certify under penalty of law that I have personally examined and am familiar with
the treatment technology and operation of the treatment process used to support
this certification. Based on my inquiry of those individuals immediately responsible
for obtaining this information, I believe that the nonwastewater organic constituents
have been treated by combustion units as specified in section 33.1-24-05-282,

table 1. I have been unable to detect the nonwastewater organic constituents,
despite having used best good-faith efforts to analyze for such constituents. I am
aware there are significant penalties for submitting a false certification, including the
possibility of fine and imprisonment.
(4) For characteristic wastes that are subject to the treatment standards in section
33.1-24-05-289, and that contain underlying hazardous constituents as defined in
subsection 10 of section 33.1-24-05-251; if these wastes are treated onsite to
remove the hazardous characteristic; and are then sent offsite for treatment of
underlying hazardous constituents, the certification must state the following:
I certify under penalty of law that the waste has been treated in accordance with the
requirements of section 33.1-24-05-280 or 33.1-24-05-289 to remove the hazardous
characteristic. This decharacterized waste contains underlying hazardous
constituents that require further treatment to meet treatment standards. I am aware
that there are significant penalties for submitting a false certification, including the
possibility of fine and imprisonment.
(5) For characteristic wastes that contain underlying hazardous constituents as defined
subsection 10 of section 33.1-24-05-251 that are treated onsite to remove the
hazardous characteristic to treat underlying hazardous constituents to levels in
section 33.1-24-05-288 universal treatment standards, the certification must state
the following:
I certify under penalty of law that the waste has been treated in accordance with the
requirements of section 33.1-24-05-280 to remove the hazardous characteristic and
that underlying hazardous constituents, as defined in subsection 10 of section
universal treatment standards. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and imprisonment.
e. If the waste or treatment residue will be further managed at a different treatment,
storage, or disposal facility, the treatment, storage, or disposal facility sending the waste
or treatment residue offsite must comply with the notice and certification requirements
applicable to generators under this section.
f. Where the wastes are recyclable materials used in a manner constituting disposal
subject to the provisions of subsection 2 of section 33.1-24-05-201 regarding treatment
standards and prohibition levels, the owner or operator of a treatment facility (the
recycler) must, for the initial shipment of waste, prepare a one-time certification
described in subdivision d, and a one-time notice which includes the information listed in
subdivision c (except the manifest number). The certification and notification must be
placed in the facility's onsite files. If the waste or the receiving facility changes, a new
certification and notification must be prepared and placed in the onsite files. In addition,
the recycling facility must also keep records of the name and location of each entity
receiving the hazardous waste-derived product.
3. Except where the owner or operator is disposing of any waste that is a recyclable material
used in a manner constituting disposal pursuant to subsection 2 of section 33.1-24-05-201,
the owner or operator of any land disposal facility disposing any waste subject to restrictions
under sections 33.1-24-05-250 through 33.1-24-05-299 must:
a. Have copies of the notice and certifications specified in subsection 1 or 2.

b. Test the waste, or an extract of the waste or treatment residue developed using test
method 1311 (the toxicity characteristic leaching procedure, described in "Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods", environmental protection
agency publication SW-846, as incorporated by reference in section 33.1-24-01-05), to
assure that the wastes or treatment residues are in compliance with the applicable
treatment standards set forth in sections 33.1-24-05-280 through 33.1-24-05-289. Such
testing must be performed according to the frequency specified in the facility's waste
analysis plan as required by section 33.1-24-05-04, or the applicable requirements of
subsection 5 of section 33.1-24-06-16 for interim status facilities.
4. Generators or treaters who first claim that hazardous debris is excluded from the definition of
hazardous waste under subsection 5 of section 33.1-24-02-03 (for example, debris treated by
an extraction or destruction technology provided by table 1 in section 33.1-24-05-285, and
debris that the department has determined does not contain hazardous waste) are subject to
the following notification and certification requirements:
a. A one-time notification, including the following information, must be submitted to the
department:
(1) The name and address of the nonhazardous waste facility receiving the treated
debris;
(2) A description of the hazardous debris as initially generated, including the applicable
hazardous waste numbers; and
(3) For debris excluded under subdivision a of subsection 5 of section 33.1-24-02-03,
the technology from table 1, section 33.1-24-05-285, used to treat the debris.
b. The notification must be updated if the debris is shipped to a different facility, and, for
debris excluded under subdivision a of subsection 5 of section 33.1-24-02-03, if a
different type of debris is treated or if a different technology is used to treat the debris.
c. For debris excluded under subdivision a of subsection 5 of section 33.1-24-02-03, the
owner or operator of the treatment facility must document and certify compliance with the
treatment standards of table 1 in section 33.1-24-05-285, as follows:
(1) Records must be kept of all inspections, evaluations, and analyses of treated debris
that are made to determine compliance with the treatment standards;
(2) Records must be kept of any data or information the treater obtains during treatment
of the debris that identifies key operating parameters of the treatment unit; and
(3) For each shipment of treated debris, a certification of compliance with the treatment
standards must be signed by an authorized representative and placed in the
facility's files. The certification must state the following:
I certify under penalty of law that the debris has been treated in accordance with the
requirements of section 33.1-24-05-285. I am aware that there are significant
penalties for making a false certification, including the possibility of fine and
imprisonment.
5. Generators and treaters who first receive from the department a determination that a given
contaminated soil subject to the land disposal restrictions as provided in subsection 1 of
section 33.1-24-05-289 no longer contains a listed hazardous waste and generators and
treaters who first determine that a contaminated soil subject to the land disposal restrictions
as provided in subsection 1 of section 33.1-24-05-289 no longer exhibits a characteristic of
hazardous waste must:

a. Prepare a one-time only documentation of these determinations, including all supporting
information; and
b. Maintain that information in the facility files and other records for a minimum of three
years.
History: Effective January 1, 2019; amended effective July 1, 2020; July 1, 2021.
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
### § 33.1-24-05-257. [Reserved].

### § 33.1-24-05-258. Special rules regarding wastes that exhibit a characteristic.

1. The initial generator of a solid waste must determine each hazardous waste number (waste
code) applicable to the waste in order to determine the applicable treatment standards under
sections 33.1-24-05-280 through 33.1-24-05-289. This determination may be made
concurrently with the hazardous waste determination required in section 33.1-24-03-02. For
purposes of sections 33.1-24-05-250 through 33.1-24-05-299, the waste will carry the waste
code for any applicable listed waste (sections 33.1-24-02-15 through 33.1-24-02-19). In
addition, where the waste exhibits a characteristic, the waste will carry one or more of the
characteristic waste codes (sections 33.1-24-02-10 through 33.1-24-02-14), except when the
treatment standard for the listed waste operates in lieu of the treatment standard for the
characteristic waste, as specified in subsection 2. If the generator determines that the
generator's waste displays a hazardous characteristic (and is not D001 nonwastewaters
treated by CMBST, RORGS, or POLYM of section 33.1-24-05-282, table 1), the generator
must determine the underlying hazardous constituents (as defined at subsection 10 of section
33.1-24-05-251) in the characteristic waste.
2. Where a prohibited waste is both listed under sections 33.1-24-02-15 through 33.1-24-02-19
and exhibits a characteristic under sections 33.1-24-02-10 through 33.1-24-02-14, the
treatment standard for the waste code listed in sections 33.1-24-02-15 through 33.1-24-02-19
will operate in lieu of the standard for the waste code under sections 33.1-24-02-10 through
standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the
waste must meet the treatment standards for all applicable listed and characteristic waste
codes.
3. In addition to any applicable standards determined from the initial point of generation, no
prohibited waste which exhibits a characteristic under sections 33.1-24-02-10 through
under sections 33.1-24-05-280 through 33.1-24-05-289.
4. Wastes that exhibit a characteristic are also subject to section 33.1-24-05-256 requirements,
except that once the waste is no longer hazardous, a one-time notification and certification
must be placed in the generator's or treater's onsite files. The notification and certification
must be updated if the process or operation generating the waste changes or if the permitted
nonhazardous facility receiving the waste changes, or both change.
a. The notification must include the following information:
(1) The name and address of the permitted nonhazardous facility receiving the waste
shipment; and
(2) A description of the waste as initially generated, including the applicable codes,
treatability groups, and underlying hazardous constituents (as defined in

subsection 10 of section 33.1-24-05-251), unless the waste will be treated and
monitored for all underlying hazardous constituents. If all underlying hazardous
constituents will be treated and monitored, there is no requirement to list any of the
underlying hazardous constituents on the notice.
b. The certification must be signed by an authorized representative and must state the
language specified in subdivision d of subsection 2 of section 33.1-24-05-256.
(1) If treatment removes the characteristic but does not meet standards applicable to
underlying hazardous constituents, then the certification found in paragraph 4 of
subdivision d of subsection 2 of section 33.1-24-05-256 applies.
(2) [Reserved].
History: Effective January 1, 2019.
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
### § 33.1-24-05-259. [Reserved].

### § 33.1-24-05-260. [Reserved].

### § 33.1-24-05-261. [Reserved].

### § 33.1-24-05-262. [Reserved].

### § 33.1-24-05-263. [Reserved].

### § 33.1-24-05-264. [Reserved].

### § 33.1-24-05-265. Surface impoundment exemptions.

1. This section defines additional circumstances under which an otherwise prohibited waste may
continue to be placed in a surface impoundment.
2. Wastes that are newly identified or listed under section 3001 after November 8, 1984, and
stored in a surface impoundment that is newly subject to article 33.1-24 as a result of the
additional identification or listing, may continue to be stored in the surface impoundment for
forty-eight months after the promulgation of the additional listing or characteristic,
notwithstanding that the waste is otherwise prohibited from land disposal, provided that the
surface impoundment is in compliance with the requirements of subsection 5 of section
the new listing or characteristic.
3. Wastes that are newly identified or listed under section 3001 after November 8, 1984, and
treated in a surface impoundment that is newly subject to article 33.1-24 as a result of the
additional identification or listing, may continue to be treated in that surface impoundment,
notwithstanding that the waste is otherwise prohibited from land disposal, provided that
surface impoundment is in compliance with the requirements of subsection 5 of section
of the new listing or characteristic. In addition, if the surface impoundment continues to treat
hazardous waste after forty-eight months from promulgation of the additional listing or
characteristic, it must then be in compliance with section 33.1-24-05-253.

History: Effective January 1, 2019.
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
### § 33.1-24-05-266. Waste specific prohibitions - Dyes or pigments, or both, production wastes.

1. Effective August 23, 2005, the waste specified in chapter 33.1-24-02 as hazardous waste
number K181, and soil and debris contaminated with this waste, radioactive wastes mixed
with this waste, and soil and debris contaminated with radioactive wastes mixed with this
waste are prohibited from land disposal.
2. The requirements of subsection 1 do not apply if:
a. The wastes meet the applicable treatment standards specified in sections
b. Persons have been granted an exemption from a prohibition pursuant to a petition under
section 33.1-24-05-255, with respect to those wastes and units covered by the petition;
c. The wastes meet the applicable treatment standards established pursuant to a petition
granted under section 33.1-24-05-284;
d. Hazardous debris has met the treatment standards in section 33.1-24-05-280, or the
alternative treatment standards in 33.1-24-05-285; or
e. Persons have been granted an extension to the effective date of a prohibition pursuant to
section 33.1-24-05-254, with respect to these wastes covered by the extension.
3. To determine whether a hazardous waste identified in this section exceeds the applicable
treatment standards specified in section 33.1-24-05-280, the initial generator must test a
sample of the waste extract, or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract, or the waste, or the generator
may use knowledge of the waste. If the waste contains regulated constituents in excess of the
applicable sections 33.1-24-05-280 through 33.1-24-05-289 levels, the waste is prohibited
from land disposal, and all requirements of sections 33.1-24-05-250 through 33.1-24-05-299
are applicable, except as otherwise specified.
History: Effective January 1, 2019.
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
### § 33.1-24-05-267. [Reserved].

### § 33.1-24-05-268. [Reserved].

### § 33.1-24-05-269. [Reserved].

### § 33.1-24-05-270. Waste specific prohibitions - Wood preserving wastes.

1. Effective August 11, 1997, the following wastes are prohibited from land disposal: the wastes
specified in chapter 33.1-24-02 as hazardous waste numbers F032, F034, and F035.
2. Effective May 12, 1999, the following wastes are prohibited from land disposal: soil and debris
contaminated with F032, F034, F035; and radioactive wastes mixed with hazardous waste
numbers F032, F034, and F035.

3. Between May 12, 1997, and May 12, 1999, soil and debris contaminated with F032, F034,
F035, and radioactive waste mixed with F032, F034, and F035 may be disposed in a landfill or
surface impoundment only if such unit is in compliance with the requirements specified in
subdivision b of subsection 8 of section 33.1-24-05-254.
4. The requirements of subsections 1 and 2 do not apply if:
a. The wastes meet the applicable treatment standards specified in sections
b. Persons have been granted an exemption from a prohibition pursuant to a petition under
section 33.1-24-05-255, with respect to those wastes and units covered by the petition;
c. The wastes meet the applicable alternate treatment standards established pursuant to a
petition granted under section 33.1-24-05-284; or
d. Persons have been granted an extension to the effective date of a prohibition pursuant to
section 33.1-24-05-254, with respect to those wastes covered by the extension.
5. To determine whether a hazardous waste identified in this section exceeds the applicable
treatment standards specified in section 33.1-24-05-280, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the generator
may use knowledge of the waste. If the waste contains constituents in excess of the
applicable universal treatment standards levels of section 33.1-24-05-288, the waste is
prohibited from land disposal, and all requirements of sections 33.1-24-05-250 through
History: Effective January 1, 2019.
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
### § 33.1-24-05-271. Waste specific prohibitions - Dioxin-containing wastes.

1. Effective November 8, 1988, the dioxin-containing wastes specified in section 33.1-24-02-16
as hazardous waste numbers F020, F021, F022, F023, F026, F027, and F028 are prohibited
from land disposal unless the F020-F023 and F026-F028 dioxin-containing waste is
contaminated soil and debris resulting from a response action taken under section 104 or 106
of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or a
corrective action taken under article 33.1-24.
2. Effective November 8, 1990, the F020-F023 and F026-F028 dioxin-containing wastes listed in
subsection 1 are prohibited from land disposal.
3. Between November 8, 1988, and November 8, 1990, wastes included in subsection 1 may be
disposed in a landfill or surface impoundment only if such unit is in compliance with the
requirements specified in subdivision b of subsection 8 of section 33.1-24-05-254 and all other
applicable requirements of chapter 33.1-24-05.
4. The requirements of subsections 1 and 2 do not apply if:
a. The wastes meet the standards of sections 33.1-24-05-280 through 33.1-24-05-289;
b. Persons have been granted an exemption from a prohibition pursuant to a petition under
section 33.1-24-05-255, with respect to those wastes and units covered by the petition;
or

c. Persons have been granted an extension to the effective date of a prohibition pursuant to
section 33.1-24-05-254, with respect to those wastes covered by the extension.
History: Effective January 1, 2019.
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
### § 33.1-24-05-272. Waste specific prohibitions - Soils exhibiting the toxicity characteristic for

metals and containing polychlorinated biphenyls.
1. Effective December 26, 2000, the following wastes are prohibited from land disposal: any
volumes of soil exhibiting the toxicity characteristic solely because of the presence of metals
(D004 through D011) and containing polychlorinated biphenyls.
2. The requirements of subsection 1 do not apply if:
a. The wastes:
(1) Contain halogenated organic compounds in total concentration less than one
thousand milligrams per kilogram; and
(2) Meet the treatment standards specified in sections 33.1-24-05-280 through
b. The wastes:
(1) Contain halogenated organic compounds in total concentration less than one
thousand milligrams per kilogram; and
(2) Meet the alternative treatment standards specified in section 33.1-24-05-289 for
contaminated soil;
c. Persons have been granted an exemption from a prohibition pursuant to a petition under
section 33.1-24-05-255, with respect to those wastes and units covered by the petition;
or
d. The wastes meet applicable alternative treatment standards established pursuant to a
petition granted under section 33.1-24-05-284.
History: Effective January 1, 2019.
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
### § 33.1-24-05-273. Waste specific prohibitions - Chlorinated aliphatic wastes.

1. Effective May 8, 2001, the wastes specified in chapter 33.1-24-02 as hazardous waste
numbers K174 and K175, soil and debris contaminated with these wastes, radioactive wastes
mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with
these wastes are prohibited from land disposal.
2. The requirements of subsection 1 do not apply if:
a. The wastes meet the applicable treatment standards specified in sections
b. Persons have been granted an exemption from a prohibition pursuant to a petition under
section 33.1-24-05-255, with respect to those wastes and units covered by the petition;

c. The wastes meet the applicable treatment standards established pursuant to a petition
granted under section 33.1-24-05-284;
d. Hazardous debris has met the treatment standards in section 33.1-24-05-280 or the
alternative treatment standards in section 33.1-24-05-285; or
e. Persons have been granted an extension to the effective date of a prohibition pursuant to
section 33.1-24-05-254, with respect to these wastes covered by the extension.
3. To determine whether a hazardous waste identified in this section exceeds the applicable
treatment standards specified in section 33.1-24-05-280, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the generator
may use knowledge of the waste. If the waste contains regulated constituents in excess of the
applicable levels of sections 33.1-24-05-280 through 33.1-24-05-289, the waste is prohibited
from land disposal, and all requirements of sections 33.1-24-05-250 through 33.1-24-05-299
are applicable, except as otherwise specified.
4. Disposal of K175 wastes that have complied with all applicable section 33.1-24-05-280
treatment standards must also be macroencapsulated in accordance with section
33.1-24-05-285, table 1, unless the waste is placed in:
a. An article 33.1-24 monofill containing only K175 wastes that meet all applicable section
b. A dedicated article 33.1-24 landfill cell in which all other wastes being codisposed are at
pH of 6.0 or less.
History: Effective January 1, 2019.
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
### § 33.1-24-05-274. Waste specific prohibitions - Toxicity characteristic metal wastes.

1. Effective August 24, 1998, the following wastes are prohibited from land disposal: the wastes
specified in chapter 33.1-24-02 as hazardous waste numbers D004 through D011 that are
newly identified (for example, wastes, soil, or debris identified as hazardous by the toxic
characteristic leaching procedure but not the extraction procedure), and waste, soil, or debris
from mineral processing operations that is identified as hazardous by the specifications at
chapter 33.1-24-02.
2. Effective November 26, 1998, the following waste is prohibited from land disposal: slag from
secondary lead smelting which exhibits the toxicity characteristic due to the presence of one
or more metals listed in section 33.1-24-02-14.
3. Effective May 26, 2000, the following wastes are prohibited from land disposal: newly
identified characteristic wastes from elemental phosphorus processing, radioactive waste
mixed with D004 through D011 wastes that are newly identified (for example, wastes, soil, or
debris identified as hazardous by the toxic characteristic leaching procedure but not the
extraction procedure); or mixed with newly identified characteristic mineral processing wastes,
soil, or debris.
4. Between May 26, 1998, and May 26, 2000, newly identified characteristic wastes from
elemental phosphorus processing, radioactive waste mixed with D004 through D011 wastes
that are newly identified (for example, wastes, soil, or debris identified as hazardous by the
toxicity characteristic leaching procedure but not the extraction procedure), or mixed with
newly identified characteristic mineral processing wastes, soil, or debris may be disposed in a

landfill or surface impoundment only if such unit is in compliance with the requirements
specified in subsection 8 of section 33.1-24-05-254.
5. The requirements of subsections 1 and 2 do not apply if:
a. The wastes meet the applicable treatment standards specified in sections
b. Persons have been granted an exemption from a prohibition pursuant to a petition under
section 33.1-24-05-255, with respect to those wastes and units covered by the petition;
c. The wastes meet the applicable alternate treatment standards established pursuant to a
petition granted under section 33.1-24-05-284; or
d. Persons have been granted an extension to the effective date of a prohibition pursuant to
section 33.1-24-05-254, with respect to these wastes covered by the extension.
6. To determine whether a hazardous waste identified in this section exceeds the applicable
treatment standards specified in section 33.1-24-05-280, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the generator
may use knowledge of the waste. If the waste contains constituents (including underlying
hazardous constituents in characteristic wastes) in excess of the applicable universal
treatment standard levels of section 33.1-24-05-288, the waste is prohibited from land
disposal, and all requirements of sections 33.1-24-05-250 through 33.1-24-05-299 are
applicable, except as otherwise specified.
History: Effective January 1, 2019.
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
### § 33.1-24-05-275. Waste specific prohibitions - Petroleum refining wastes.

1. Effective February 8, 1999, the wastes specified in chapter 33.1-24-02 as hazardous waste
numbers K169, K170, K171, and K172, soils and debris contaminated with these wastes,
radioactive wastes mixed with these hazardous wastes, and soils and debris contaminated
with these radioactive mixed wastes, are prohibited from land disposal.
2. The requirements of subsection 1 do not apply if:
a. The wastes meet the applicable treatment standards specified in sections
b. Persons have been granted an exemption from a prohibition pursuant to a petition under
section 33.1-24-05-255, with respect to those wastes and units covered by the petition;
c. The wastes meet the applicable treatment standards established pursuant to a petition
granted under section 33.1-24-05-284;
d. Hazardous debris that has met treatment standards in section 33.1-24-05-280 or in the
alternative treatment standards in section 33.1-24-05-285; or
e. Persons have been granted an extension to the effective date of a prohibition pursuant to
section 33.1-24-05-254, with respect to these wastes covered by the extension.
3. To determine whether a hazardous waste identified in this section exceeds the applicable
treatment standards specified in section 33.1-24-05-280, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment

standards are expressed as concentrations in the waste extract or the waste, or the generator
may use knowledge of the waste. If the waste contains constituents in excess of the
applicable universal treatment standard levels of section 33.1-24-05-288, the waste is
prohibited from land disposal, and all requirements of sections 33.1-24-05-250 through
History: Effective January 1, 2019.
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
### § 33.1-24-05-276. Waste specific prohibitions - Inorganic chemical wastes.

1. Effective May 20, 2002, the wastes specified in chapter 33.1-24-02 as hazardous waste
numbers K176, K177, and K178, and soil and debris contaminated with these wastes,
radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive
wastes mixed with these wastes are prohibited from land disposal.
2. The requirements of subsection 1 do not apply if:
a. The wastes meet the applicable treatment standards specified in sections
b. Persons have been granted an exemption from a prohibition pursuant to a petition under
section 33.1-24-05-255, with respect to those wastes and units covered by the petition;
c. The wastes meet the applicable treatment standards established pursuant to a petition
granted under section 33.1-24-05-284;
d. Hazardous debris has met the treatment standards in section 33.1-24-05-280 or the
alternative treatment standards in section 33.1-24-05-285; or
e. Persons have been granted an extension to the effective date of a prohibition pursuant to
section 33.1-24-05-254, with respect to these wastes covered by the extension.
3. To determine whether a hazardous waste identified in this section exceeds the applicable
treatment standards specified in section 33.1-24-05-280, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the generator
may use knowledge of the waste. If the waste contains regulated constituents in excess of the
applicable levels provided in sections 33.1-24-05-280 through 33.1-24-05-289, the waste is
prohibited from land disposal, and all requirements of sections 33.1-24-05-250 through
History: Effective January 1, 2019.
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
### § 33.1-24-05-277. Waste specific prohibitions - Ignitable and corrosive characteristic wastes

whose treatment standards were vacated.
1. Effective August 9, 1993, the wastes specified in section 33.1-24-02-11 as D001 (and is not in
the high total organic compound ignitable liquids subcategory), and specified in section
regulated under the Clean Water Act, or that inject in class I deep wells regulated under the
Safe Drinking Water Act, or that are zero dischargers that engage in Clean Water
Act-equivalent treatment before ultimate land disposal, are prohibited from land disposal.
Clean Water Act-equivalent treatment means biological treatment for organics, alkaline

chlorination or ferrous sulfate precipitation for cyanide, precipitation or sedimentation or both
for metals, reduction of hexavalent chromium, or other treatment technology that can be
demonstrated to perform equally or greater than these technologies.
2. Effective February 10, 1994, the wastes specified in section 33.1-24-02-11 as D001 (and is
not in the high total organic compound ignitable liquids subcategory), and specified in section
146.6(e) as class V injection wells, that do not engage in Clean Water Act-equivalent
treatment before injection, are prohibited from land disposal.
History: Effective January 1, 2019.
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
### § 33.1-24-05-278. Waste specific prohibitions - Newly identified organic toxicitiy characteristic

wastes and newly listed coke byproduct and chlorotoluene production wastes.
1. Effective December 19, 1994, the wastes specified in section 33.1-24-02-17 as hazardous
waste numbers K141, K142, K143, K144, K145, K147, K148, K149, K150, and K151 are
prohibited from land disposal. In addition, debris contaminated with hazardous waste numbers
F037, F038, K107 through K112, K117, K118, K123 through K126, K131, K132, K136, U328,
U353, U359, and soil and debris contaminated with D012 through D043, K141 through K145,
and K147 through K151 are prohibited from land disposal. The following wastes that are
specified in section 33.1-24-02-14, table 1, as hazardous waste numbers: D012, D013, D014,
D015, D016, D017, D018, D019, D020, D021, D022, D023, D024, D025, D026, D027, D028,
D029, D030, D031, D032, D033, D034, D035, D036, D037, D038, D039, D040, D041, D042,
and D043 that are not radioactive, or that are managed in systems other than those whose
discharge is regulated under the Clean Water Act, or that are zero discharges that do not
engage in Clean Water Act-equivalent treatment before ultimate land disposal, or that are
injected in class I deep wells regulated under the Safe Drinking Water Act, are prohibited from
land disposal. Clean Water Act-equivalent treatment means biological treatment for organics,
alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation or sedimentation,
or both, for metals, reduction of hexavalent chromium, or other treatment technology that can
be demonstrated to perform equally or better than these technologies.
2. On September 19, 1996, radioactive wastes that are mixed with D018 through D043 that are
managed in systems other than those whose discharge is regulated under the Clean Water
Act, or that inject in class I deep wells regulated under the Safe Drinking Water Act, or that are
zero dischargers that engage in Clean Water Act-equivalent treatment before ultimate land
disposal, are prohibited from land disposal. Clean Water Act-equivalent treatment means
biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for
cyanide, precipitation or sedimentation, or both, for metals, reduction of hexavalent chromium,
or other treatment technology that can be demonstrated to perform equally or greater than
these technologies. Radioactive wastes mixed with K141 through K145, and K147 through
K151 are also prohibited from land disposal. In addition, soil and debris contaminated with
these radioactive mixed wastes are prohibited from land disposal.
3. Between December 19, 1994, and September 19, 1996, the wastes included in subsection 2
may be disposed in a landfill or surface impoundment, only if such unit is in compliance with
the requirements specified in subdivision b of subsection 8 of section 33.1-24-05-254.
4. The requirements of subsections 1, 2, and 3 do not apply if:
a. The wastes meet the applicable treatment standards specified in sections

b. Persons have been granted an exemption from a prohibition pursuant to a petition under
section 33.1-24-05-255, with respect to those wastes and units covered by the petition;
c. The wastes meet the applicable alternate treatment standards established pursuant to a
petition granted under section 33.1-24-05-284; or
d. Persons have been granted an extension to the effective date of a prohibition pursuant to
section 33.1-24-05-254, with respect to these wastes covered by the extension.
5. To determine whether a hazardous waste identified in this section exceeds the applicable
treatment standards specified in section 33.1-24-05-280, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the generator
may use knowledge of the waste. If the waste contains constituents in excess of the
applicable levels found in sections 33.1-24-05-280 through 33.1-24-05-289, the waste is
prohibited from land disposal, and all requirements of sections 33.1-24-05-250 through
History: Effective January 1, 2019.
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
### § 33.1-24-05-279. Waste specific prohibitions - Spent aluminum potliners, reactive, and

carbamate wastes.
1. On July 8, 1996, the wastes specified in section 33.1-24-02-17 as hazardous waste numbers
K156 through K159, and K161; and in section 33.1-24-02-18 as hazardous waste numbers
P127, P128, P185, P188 through P192, P194, P196 through P199, P201 through P205,
U271, U278 through U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and
U409 through U411 are prohibited from land disposal. In addition, soil and debris
contaminated with these wastes are prohibited from land disposal.
2. On July 8, 1996, the wastes identified in section 33.1-24-02-13 as D003 that are managed in
systems other than those whose discharge is regulated under the Clean Water Act, or that
inject in class I deep wells regulated under the Safe Drinking Water Act, or that are zero
dischargers that engage in Clean Water Act-equivalent treatment before ultimate land
disposal, are prohibited from land disposal. This prohibition does not apply to unexploded
ordnance and other explosive devices which have been the subject of an emergency
response. (Such D003 wastes are prohibited unless they meet the treatment standard of
deactivate to remove the hazardous characteristic before land disposal (see section
33.1-24-05-280)).
3. On September 21, 1998, the wastes specified in section 33.1-24-02-17 as hazardous waste
number K088 are prohibited from land disposal. In addition, soil and debris contaminated with
these wastes are prohibited from land disposal.
4. On April 8, 1998, radioactive wastes mixed with K088, K156 through K159, K161, P127, P128,
P185, P188 through P192, P194, P196 through P199, P201 through P205, U271, U278
through U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 through
U411 are also prohibited from land disposal. In addition, soil and debris contaminated with
these radioactive mixed wastes are prohibited from land disposal.
5. Between July 8, 1996, and April 8, 1998, the wastes included in subsections 1, 3, and 4 may
be disposed in a landfill or surface impoundment, only if such unit is in compliance with the
requirements specified in subdivision b of subsection 8 of section 33.1-24-05-254.
6. The requirements of subsections 1 through 4 do not apply if:

a. The wastes meet the applicable treatment standards specified in sections
b. Persons have been granted an exemption from a prohibition pursuant to a petition under
section 33.1-24-05-255, with respect to those wastes and units covered by the petition;
c. The wastes meet the applicable alternate treatment standards established pursuant to a
petition granted under section 33.1-24-05-284; or
d. Persons have been granted an extension to the effective date of a prohibition pursuant to
section 33.1-24-05-254, with respect to these wastes covered by the extension.
7. To determine whether a hazardous waste identified in this section exceeds the applicable
treatment standards specified in section 33.1-24-05-280, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the generator
may use knowledge of the waste. If the waste contains constituents in excess of the
applicable sections 33.1-24-05-280 through 33.1-24-05-289 levels, the waste is prohibited
from land disposal, and all requirements of sections 33.1-24-05-250 through 33.1-24-05-299
are applicable, except as otherwise specified.
History: Effective January 1, 2019.
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
### § 33.1-24-05-280. Applicability of treatment standards.

1. A prohibited waste identified in the table "Treatment Standards for Hazardous Wastes" may be
land disposed only if it meets the requirements found in the table. For each waste, the table
identifies one of three types of treatment standard requirements:
a. All hazardous constituents in the waste or in the treatment residue must be at or below
the values found in the table for that waste ("Total Waste Standards");
b. The hazardous constituents in the extract of the waste or in the extract of the treatment
residue must be at or below the values found in the table ("Waste Extract Standards"); or
c. The waste must be treated using the technology specified in the table ("Technology
Standard"), which are described in detail in section 33.1-24-05-282, table 1, "Technology
Codes and Description of Technology-Based Standards.
2. For wastewaters, compliance with concentration level standards is based on maximums for
any one day, except for D004 through D011 wastes for which the previously promulgated
treatment standards based on grab samples remain in effect. For all nonwastewaters,
compliance with concentration level standards is based on grab sampling. For wastes covered
by the waste extract standards, the test method 1311, the toxicity characteristic leaching
procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods",
environmental protection agency publication SW-846, as incorporated by reference in section
33.1-24-01-05, must be used to measure compliance. An exception is made for D004 and
D008, for which either of two test methods may be used method 1311 or method 1310B, the
extraction procedure toxicity test. For wastes covered by a technology standard, the wastes
may be land disposed after being treated using that specified technology or an equivalent
treatment technology approved by the administrator under the procedures set forth in
subsection 2 of section 33.1-24-05-282.

3. When wastes with differing treatment standards for a constituent of concern are combined for
purposes of treatment, the treatment residue must meet the lowest treatment standard for the
constituent of concern.
4. Notwithstanding the prohibitions specified in subsection 1, treatment and disposal facilities
may demonstrate (and certify pursuant to subdivision e of subsection 2 of section
33.1-24-05-256) compliance with the treatment standards for organic constituents specified by
a footnote in the table "Treatment Standards for Hazardous Wastes" in this section, provided
the following conditions are satisfied:
a. The treatment standards for the organic constituents were established based on
incineration in units operated in accordance with the technical requirements of sections
units operating in accordance with applicable technical requirements;
b. The treatment or disposal facility has used the methods referenced in subdivision a to
treat the organic constituents; and
c. The treatment or disposal facility may demonstrate compliance with organic constituents
if good-faith analytical efforts achieve detection limits for the regulated organic
constituents that do not exceed the treatment standards specified in this section by an
order of magnitude.
5. For characteristic wastes (D001 through D043) that are subject to treatment standards in the
following table "Treatment Standards for Hazardous Wastes", and are not managed in a
wastewater treatment system that is regulated under the Clean Water Act, that is Clean Water
Act-equivalent, or that is injected into a class I nonhazardous deep injection well, all
underlying hazardous constituents (as defined in subsection 10 of section 33.1-24-05-251)
must meet universal treatment standards, found in section 33.1-24-05-288, table "Universal
Treatment Standards", prior to land disposal as defined in subsection 6 of section
33.1-24-05-251.
6. The treatment standards for F001 through F005 nonwastewater constituents carbon disulfide,
cyclohexanone, or methanol apply to wastes which contain only one, two, or three of these
constituents. Compliance is measured for these constituents in the waste extract from test
method 1311, the toxicity characteristic leaching procedure found in "Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods", environmental protection agency
publication SW-846, as incorporated by reference in section 33.1-24-01-05. If the waste
contains any of these three constituents along with any of the other twenty-five constituents
found in F001 through F005, then compliance with treatment standards for carbon disulfide,
cyclohexanone, or methanol are not required.
7. Between August 26, 1996, and March 4, 1999, the treatment standards for the wastes
specified in section 33.1-24-02-17 as hazardous waste numbers K156 through K159 and
K161; and in section 33.1-24-02-18 as hazardous waste numbers P127, P128, P185, P188
through P192, P194, P196 through P199, P201 through P205, U271, U277 through U280,
U364 through U367, U372, U373, U375 through U379, U381 through U387, U389 through
U396, U400 through U404, U407, and U409 through U411; and soil contaminated with these
wastes; may be satisfied by either meeting the constituent concentrations presented in the
table "Treatment Standards for Hazardous Waste", or by treating the waste by the following
technologies: combustion, as defined by the technology code CMBST in table 1 in section
33.1-24-05-282, for nonwastewaters; and, biodegradation as defined by the technology code
BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as
defined by the technology code CHOXD, or combustion as defined by the technology code
CMBST in table 1 of section 33.1-24-05-282, for wastewaters.

8. Prohibited D004 through D011 mixed radioactive wastes and mixed radioactive listed wastes
containing metal constituents, that were previously treated by stabilization to the treatment
standards in effect at that time and then put into storage, do not have to be retreated to meet
treatment standards in this section prior to land disposal.
9. [Reserved].
10. Effective September 4, 1998, the treatment standards for the wastes specified in section
may be satisfied by either meeting the constituent concentrations presented in the table
"Treatment Standards for Hazardous Wastes" in this section, or by treating the waste by the
following technologies: combustion, as defined by the technology code CMBST in table 1 of
section 33.1-24-05-282, for nonwastewaters; and biodegradation as defined by the technology
code BIODG, carbon adsorption as defined by the technology code CARBN, chemical
oxidation as defined by the technology code CHOXD, or combustion as defined by the
technology code CMBST in table 1 in section 33.1-24-05-282, for wastewaters.

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
D0019 Ignitable characteristic wastes, except NA NA DEACT and meet section DEACT and meet section
for the subdivision a of subsection 1 of 33.1-24-05-288 standards8; or 33.1-24-05-288
section 33.1-24-02-11 high total organic RORGS; or CMBST standards8; or RORGS; or
carbon subcategory. CMBST
High total organic carbon ignitable NA NA NA RORGS; CMBST; or
characteristic liquids subcategory based POLYM
on subdivision a of subsection 1 of
section 33.1-24-02-11 - Greater than or
equal to 10% total organic carbon.
(Note: This subcategory consists of
nonwastewaters only.)
D0029 Corrosive characteristic wastes. NA NA DEACT and meet section DEACT and meet section
D002, Radioactive high level wastes Corrosivity (pH) NA NA HLVIT
D004, generated during the reprocessing of
D005, fuel rods. (Note: This subcategory
D006, consists of nonwastewaters only.)
Arsenic 7440-38-2 NA HLVIT
Barium 7440-39-3 NA HLVIT
Cadmium 7440-43-9 NA HLVIT
Chromium (Total) 7440-47-3 NA HLVIT
Lead 7439-92-1 NA HLVIT
Mercury 7439-97-6 NA HLVIT
Selenium 7782-49-2 NA HLVIT
Silver 7440-22-4 NA HLVIT

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
D0039 Reactive sulfides subcategory based on NA NA DEACT DEACT
subdivision e of subsection 1 of section
33.1-24-02-13.
Explosives subcategory based on NA NA DEACT and meet section DEACT and meet section
subdivisions f, g, and h of subsection 1 33.1-24-05-288 standards8 33.1-24-05-288 standards8
of section 33.1-24-02-13.
Unexploded ordnance and other NA NA DEACT DEACT
explosive devices which have been the
subject of an emergency response.
Other reactives subcategory based on NA NA DEACT and meet section DEACT and meet section
subdivision a of subsection 1 of section 33.1-24-05-288 standards8 33.1-24-05-288 standards8
33.1-24-02-13.
Water reactive subcategory based on NA NA NA DEACT and meet section
subdivisions b, c, and d of subsection 1 33.1-24-05-288 standards8
of section 33.1-24-02-13. (Note: This
subcategory consists of
nonwastewaters only.)
Reactive cyanides subcategory based Cyanides (Total)7 57-12-5 Reserved 590
on subdivision e of subsection 1 of
section 33.1-24-02-13.
Cyanides (Amenable)7 57-12-5 0.86 30
D0049 Wastes that exhibit, or are expected to Arsenic 7440-38-2 1.4 and meet section 5.0 mg/l TCLP and meet
exhibit, the characteristic of toxicity for 33.1-24-05-288 standards8 section 33.1-24-05-288
arsenic based on the toxicity standards8
characteristic leaching procedure
(TCLP) in SW846.
D0059 Wastes that exhibit, or are expected to Barium 7440-39-3 1.2 and meet section 2.1 mg/l TCLP and meet
exhibit, the characteristic of toxicity for 33.1-24-05-288 standards8 section 33.1-24-05-288
barium based on the toxicity standards8
characteristic leaching procedure
(TCLP) in SW846.
D0069 Wastes that exhibit, or are expected to Cadmium 7440-43-9 0.69 and meet section 0.11 mg/l TCLP and meet
exhibit, the characteristic of toxicity for 33.1-24-05-288 standards8 section 33.1-24-05-288
cadmium based on the toxicity standards8
characteristic leaching procedure
(TCLP) in SW846.
Cadmium containing batteries Cadmium 7440-43-9 NA RTHRM
subcategory (Note: This subcategory
consists of nonwastewaters only.)

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Radioactively contaminated cadmium Cadmium 7440-43-9 NA Macroencapsulation in
containing batteries. (Note: This accordance with section
subcategory consists of 33.1-24-05-285
nonwastewaters only.)
D0079 Wastes that exhibit, or are expected to Chromium (Total) 7440-47-3 2.77 and meet section 0.60 mg/l TCLP and meet
exhibit, the characteristic of toxicity for 33.1-24-05-288 standards8 section 33.1-24-05-288
chromium based on the toxicity standards8
characteristic leaching procedure
(TCLP) in SW846.
D0089 Wastes that exhibit, or are expected to Lead 7439-92-1 0.69 and meet section 0.75 mg/l TCLP and meet
exhibit, the characteristic of toxicity for 33.1-24-05-288 standards8 section 33.1-24-05-288
lead based on the toxicity characteristic standards8
leaching procedure (TCLP) in SW846.
Lead acid batteries subcategory (Note: Lead 7439-92-1 NA RLEAD
This standard only applies to lead acid
batteries that are identified as Resource
Conservation and Recovery Act
hazardous wastes and that are not
excluded elsewhere from regulation
under the land disposal restrictions of
sections 33.1-24-05-250 through
other regulations. This subcategory
consists of nonwastewaters only.)
Radioactive lead solids subcategory Lead 7439-92-1 NA MACRO
(Note: These lead solids include, but are
not limited to, all forms of lead shielding
and other elemental forms of lead.
These lead solids do not include
treatment residuals such as hydroxide
sludges, other wastewater treatment
residuals, or incinerator ashes that can
undergo conventional pozzolanic
stabilization, nor do they include
organo-lead materials that can be
incinerated and stabilized as ash. This
subcategory consists of
nonwastewaters only.)

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
D0099 Nonwastewaters that exhibit, or are Mercury 7439-97-6 NA IMERC; OR RMERC
expected to exhibit, the characteristic of
toxicity for mercury based on the toxicity
characteristic leaching procedure
(TCLP) in SW846; and contain greater
than or equal to 260 mg/kg total
mercury that also contain organics and
are not incinerator residues (high
mercury-organic subcategory).
Nonwastewaters that exhibit, or are Mercury 7439-97-6 NA RMERC
expected to exhibit, the characteristic of
toxicity for mercury based on the toxicity
characteristic leaching procedure
(TCLP) in SW846; and contain greater
than or equal to 260 mg/kg total
mercury that are inorganic, including
incinerator residues and residues from
RMERC (high mercury-inorganic
subcategory).
Nonwastewaters that exhibit, or are Mercury 7439-97-6 NA 0.20 mg/l TCLP and meet
expected to exhibit, the characteristic of section 33.1-24-05-288
toxicity for mercury based on the toxicity standards8
characteristic leaching procedure
(TCLP) in SW846; and contain less than
260 mg/kg total mercury (low mercury
subcategory).
All other nonwastewaters that exhibit, or Mercury 7439-97-6 NA 0.25 mg/l TCLP and meet
are expected to exhibit, the section 33.1-24-05-288
characteristic of toxicity for mercury standards8
based on the toxicity characteristic
leaching procedure (TCLP) in SW846;
and contain less than 260 mg/kg total
mercury and that are not residues from
RMERC (low mercury subcategory).
All D009 wastewaters. Mercury 7439-97-6 0.15 NA
Elemental mercury contaminated with Mercury 7439-97-6 NA AMLGM
radioactive materials. (Note: This
subcategory consists of
nonwastewaters only.)

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Hydraulic oil contaminated with mercury Mercury 7439-97-6 NA IMERC
radioactive materials subcategory.
(Note: This subcategory consists of
nonwastewaters only.)
Radioactively contaminated mercury Mercury 7439-97-6 NA Macroencapsulation in
containing batteries. (Note: This accordance with section
subcategory consists of 33.1-24-05-285
nonwastewaters only.)
D0109 Wastes that exhibit, or are expected to Selenium 7782-49-2 0.82 and meet section 5.7 mg/l TCLP and meet
exhibit, the characteristic of toxicity for 33.1-24-05-288 standards8 section 33.1-24-05-288
selenium based on the toxicity standards8
characteristic leaching procedure
(TCLP) in SW846.
D0119 Wastes that exhibit, or are expected to Silver 7440-22-4 0.43 and meet section 0.14 mg/l TCLP and meet
exhibit, the characteristic of toxicity for 33.1-24-05-288 standards8 section 33.1-24-05-288
silver based on the toxicity characteristic standards8
leaching procedure (TCLP) in SW846.
Radioactively contaminated silver Silver 7440-22-4 NA Macroencapsulation in
containing batteries. (Note: This accordance with section
subcategory consists of 33.1-24-05-285
nonwastewaters only.)
D0129 Wastes that are toxicity characteristic Endrin 72-20-8 BIODG; or CMBST 0.13 and meet section
for endrin based on the toxicity 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
Endrin aldehyde 7421-93-4 BIODG; or CMBST 0.13 and meet section
D0139 Wastes that are toxicity characteristic alpha-BHC 319-84-6 CARBN; or CMBST 0.066 and meet section
for lindane based on the toxicity 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
beta-BHC 319-85-7 CARBN; or CMBST 0.066 and meet section
delta-BHC 319-86-8 CARBN; or CMBST 0.066 and meet section
gamma-BHC (Lindane) 58-89-9 CARBN; or CMBST 0.066 and meet section

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
D0149 Wastes that are toxicity characteristic Methoxychlor 72-43-5 WETOX or CMBST 0.18 and meet section
for methoxychlor based on the toxicity 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
D0159 Wastes that are toxicity characteristic Toxaphene 8001-35-2 BIODG or CMBST 2.6 and meet section
for toxaphene based on the toxicity 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
D0169 Wastes that are toxicity characteristic 2,4-D(2,4-Dichlorophenoxyacetic acid) 94-75-7 CHOXD; BIODG; or CMBST 10 and meet section
for 2,4-D(2,4-Dichlorophenoxyacetic 33.1-24-05-288 standards8
acid) based on the toxicity characteristic
leaching procedure in SW 846 Method
1311.
D0179 Wastes that are toxicity characteristic 2,4,5-TP(Silvex) 93-72-1 CHOXD or CMBST 7.9 and meet section
for 2,4,5-TP(Silvex) based on the 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0189 Wastes that are toxicity characteristic Benzene 71-43-2 0.14 and meet section 10 and meet section
for benzene based on the toxicity 33.1-24-05-288 standards8 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
D0199 Wastes that are toxicity characteristic Carbon tetrachloride 56-23-5 0.057 and meet section 6.0 and meet section
for carbon tetrachloride based on the 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0209 Wastes that are toxicity characteristic Chlordane (alpha and gamma isomers) 57-74-9 0.0033 and meet section 0.26 and meet section
for chlordane based on the toxicity 33.1-24-05-288 standards8 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
D0219 Wastes that are toxicity characteristic Chlorobenzene 108-90-7 0.057 and meet section 6.0 and meet section
for chlorobenzene based on the toxicity 33.1-24-05-288 standards8 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
D0229 Wastes that are toxicity characteristic Chloroform 67-66-3 0.046 and meet section 6.0 and meet section
for chloroform based on the toxicity 33.1-24-05-288 standards8 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
D0239 Wastes that are toxicity characteristic o-Cresol 95-48-7 0.11 and meet section 5.6 and meet section
for o-cresol based on the toxicity 33.1-24-05-288 standards8 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
D0249 Wastes that are toxicity characteristic m-Cresol (difficult to distinguish from 108-39-4 0.77 and meet section 5.6 and meet section
for m-cresol based on the toxicity p-cresol) 33.1-24-05-288 standards8 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
D0259 Wastes that are toxicity characteristic p-Cresol (difficult to distinguish from 106-44-5 0.77 and meet section 5.6 and meet section
for p-cresol based on the toxicity m-cresol) 33.1-24-05-288 standards8 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
D0269 Wastes that are toxicity characteristic Cresol-mixed isomers (Cresylic acid) 1319-77-3 0.88 and meet section 11.2 and meet section
for cresols (total) based on the toxicity (sum of o-, m-, and p-cresol 33.1-24-05-288 standards8 33.1-24-05-288 standards8
characteristic leaching procedure in concentrations)
SW846 Method 1311.
D0279 Wastes that are toxicity characteristic p-Dichlorobenzene 106-46-7 0.090 and meet section 6.0 and meet section
for p-dichloro-benzene based on the (1,4-Dichlorobenzene) 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0289 Wastes that are toxicity characteristic 1,2-Dichloroethane 107-06-2 0.21 and meet section 6.0 and meet section
for 1,2-dichloroethane based on the 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0299 Wastes that are toxicity characteristic 1,1-Dichloroethylene 75-35-4 0.025 and meet section 6.0 and meet section
for 1,1-dichloroethylene based on the 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0309 Wastes that are toxicity characteristic 2,4-Dinitrotoluene 121-14-2 0.32 and meet section 140 and meet section
for 2,4-dinitrotoluene based on the 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0319 Wastes that are toxicity characteristic Heptachlor 76-44-8 0.0012 and meet section 0.066 and meet section
for heptachlor based on the toxicity 33.1-24-05-288 standards8 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
Heptachlor epoxide 1024-57-3 0.016 and meet section 0.066 and meet section

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
D0329 Wastes that are toxicity characteristic Hexachlorobenzene 118-74-1 0.055 and meet section 10 and meet section
for hexachloro- benzene based on the 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0339 Wastes that are toxicity characteristic Hexachlorobutadiene 87-68-3 0.055 and meet section 5.6 and meet section
for hexachlorobutadiene based on the 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0349 Wastes that are toxicity characteristic Hexachloroethane 67-72-1 0.055 and meet section 30 and meet section
for hexachloroethane based on the 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0359 Wastes that are toxicity characteristic Methyl ethyl ketone 78-93-3 0.28 and meet section 36 and meet section
for methyl ethyl ketone based on the 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0369 Wastes that are toxicity characteristic Nitrobenzene 98-95-3 0.068 and meet section 14 and meet section
for nitrobenzene based on the toxicity 33.1-24-05-288 standards8 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
D0379 Wastes that are toxicity characteristic Pentachlorophenol 87-86-5 0.089 and meet section 7.4 and meet section
for pentachlorophenol based on the 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0389 Wastes that are toxicity characteristic Pyridine 110-86-1 0.014 and meet section 16 and meet section
for pyridine based on the toxicity 33.1-24-05-288 standards8 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
D0399 Wastes that are toxicity characteristic Tetrachloroethylene 127-18-4 0.056 and meet section 6.0 and meet section
for tetrachloroethylene based on the 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0409 Wastes that are toxicity characteristic Trichloroethylene 79-01-6 0.054 and meet section 6.0 and meet section
for trichloroethylene based on the 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
D0419 Wastes that are toxicity characteristic 2,4,5-Trichlorophenol 95-95-4 0.18 and meet section 7.4 and meet section
for 2,4,5-trichlorophenol based on the 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0429 Wastes that are toxicity characteristic 2,4,6-Trichlorophenol 88-06-2 0.035 and meet section 7.4 and meet section
for 2,4,6-trichlorophenol based on the 33.1-24-05-288 standards8 33.1-24-05-288 standards8
toxicity characteristic leaching
procedure in SW846 Method 1311.
D0439 Wastes that are toxicity characteristic Vinyl chloride 75-01-4 0.27 and meet section 6.0 and meet section
for vinyl chloride based on the toxicity 33.1-24-05-288 standards8 33.1-24-05-288 standards8
characteristic leaching procedure in
SW846 Method 1311.
F001, F001, F002, F003, F004 and/or F005 Acetone 67-64-1 0.28 160
F002, solvent wastes that contain any
F003, combination of one or more of the
F004, & following spent solvents: acetone,
F005 benzene, n-butyl alcohol, carbon
disulfide, carbon tetrachloride,
chlorinated fluorocarbons,
chlorobenzene, o-cresol, m-cresol,
p-cresol, cyclohexanone,
o-dichlorobenzene, 2-ethoxyethanol,
ethyl acetate, ethyl benzene, ethyl
ether, isobutyl alcohol, methanol,
methylene chloride, methyl ethyl ketone,
methyl isobutyl ketone, nitrobenzene,
2-nitropropane, pyridine,
tetrachloroethylene, toluene,
1,1,1-trichloroethane,
1,1,2-trichloroethane,
1,1,2-trichloro-1,2,2-trifluorethane,
trichloroethylene,
trichloromonofluoromethane, and/or
xylenes [except as specifically noted in
other subcategories]. See further details
of these listings in section
33.1-24-02-16.
Benzene 71-42-2 0.14 10
n-Butyl alcohol 71-36-3 5.6 2.6
Carbon disulfide 75-15-0 3.8 NA
Carbon tetrachloride 56-23-5 0.057 6.0

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Chlorobenzene 108-90-7 0.057 6.0
o-Cresol 95-48-7 0.11 5.6
m-Cresol (difficult to distinguish from 108-39-4 0.77 5.6
p-cresol)
p-Cresol (difficult to distinguish from 106-44-5 0.77 5.6
m-cresol)
Cresol-mixed isomers (Cresylic acid) 1319-77-3
(sum of o-, m-, and p-cresol
concentrations)
Cyclohexanone 108-94-1 0.36 NA
o-Dichlorobenzene 95-50-1 0.088 6.0
Ethyl acetate 141-78-6 0.34 33
Ethyl benzene 100-41-4 0.057 10
Ethyl ether 60-29-7 0.12 160
Isobutyl alcohol 78-83-1 5.6 170
Methanol 67-56-1 5.6 NA
Methylene chloride 75-9-2 0.089 30
Methyl ethyl ketone 78-93-3 0.28 36
Methyl isobutyl ketone 108-10-1 0.14 33
Nitrobenzene 98-95-3 0.068 14
Pyridine 110-86-1 0.014 16
Tetrachloroethylene 127-18-4 0.056 6.0
Toluene 108-88-3 0.080 10
1,1,1-Trichlorethane 71-55-6 0.054 6.0
1,1,2-Trichloroethane 79-00-5 0.054 6.0
1,1,2-Trichloro- 76-13-1 0.057 30
1,2,2-trifluoroethane
Trichloroethylene 79-01-6 0.054 6.0
Trichloromonofluoromethane 75-69-4 0.020 30

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
F003 and/or F005 solvent wastes that Carbon disulfide 75-15-0 3.8 4.8 mg/l TCLP
contain any combination of one or more Cyclohexanone 108-94-1 0.36 0.75 mg/l TCLP
of the following three solvents as the Methanol 67-56-1 5.6 0.75 mg/l TCLP
only listed F001-5 solvents: carbon
disulfide, cyclohexanone, and/or
methanol (formerly subsection 3 of
section 33.1-24-05-281).
F005 solvent waste containing 2-Nitropropane 79-46-9 (WETOX or CHOXD) fb CMBST
2-nitropropane as the only listed CARBN; or CMBST
F001-F005 solvent.
F005 solvent waste containing 2-Ethoxyethanol 110-80-5 BIODG; or CMBST CMBST
2-ethoxyethanol as the only listed
F001-F005 solvent.
F006 Wastewater treatment sludges from Cadmium 7440-43-9 .069 0.11 mg/l TCLP
electroplating operations except from
the following processes: (1) sulfuric acid
anodizing of aluminum; (2) tin plating on
carbon steel; (3) zinc plating
(segregated basis) on carbon steel; (4)
aluminum or zinc-aluminum plating on
carbon steel; (5) cleaning/stripping
associated with tin, zinc, and aluminum
plating on carbon steel; and (6)
chemical etching and milling of
aluminum.
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
Silver 7440-22-4 NA 0.14 mg/l TCLP
F007 Spent cyanide plating bath solutions Cadmium 7440-43-9 NA 0.11 mg/l TCLP
from electroplating operations.
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Cyanides (Total)7 57-12-5 1.2 590

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Cyanides (Amenable)7 57-12-5 0.86 30
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
Silver 7440-22-4 NA 0.14 mg/l TCLP
F008 Plating bath residues from the bottom of Cadmium 7440-31-9 NA 0.11 mg/l TCLP
plating baths from electroplating
operations where cyanides are used in
the process.
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
Silver 7440-22-4 NA 0.14 mg/l TCLP
F009 Spent stripping and cleaning bath Cadmium 7440-43-9 NA 0.11 mg/l TCLP
solutions from electroplating operations Chromium (Total) 7440-47-3 2.77 0.60mg/l TCLP
where cyanides are used in the
process.
Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
Silver 7440-22-4 NA 0.14 mg/l TCLP
F010 Quenching bath residues from oil baths Cyanides (Total)7 57-12-5 1.2 590
from metal heat treating operations
where cyanides are used in the
process.
Cyanides (Amenable)7 57-12-5 0.86 NA
F011 Spent cyanide solutions from salt bath Cadmium 7440-43-9 NA 0.11 mg/l TCLP
pot cleaning from metal heat treating Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
operations.
Cyanides (Total)7 57-12-5 1.2 590

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Cyanides (Amenable)7 57-12-5 0.86 30
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
Silver 7440-22-4 NA 0.14 mg/l TCLP
F012 Quenching wastewater treatment Cadmium 7440-43-9 NA 0.11 mg/l TCLP
sludges from metal heat treating Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
operations where cyanides are used in
the process.
Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
Silver 7440-22-4 NA 0.14 mg/l TCLP
F019 Wastewater treatment sludges from the Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
chemical conversion coating of Cyanides (Total)7 57-12-5 1.2 590
aluminum except from zirconium Cyanides (Amenable)7 57-12-5 0.86 30
phosphating in aluminum can washing
when such phosphating is an exclusive
conversion coating process.

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
F020, Wastes (except wastewater and spent HxCDDs (All NA 0.000063 0.001
F021, carbon from hydrogen chloride Hexachlorodibenzo-p-dioxins)
F022, purification) from the production or
F023, manufacturing use (as a reactant,
F026 chemical intermediate, or component in
a formulating process) of: (1) tri- or
tetrachlorophenol, or of intermediates
used to produce their pesticide
derivatives, excluding wastes from the
production of Hexachlorophene from
highly purified 2,4,5-trichlorophenol
(F020); (2) pentachlorophenol, or of
intermediates used to produce its
derivatives (for example, F021); (3)
tetra-, penta-, or hexachloro-benzenes
under alkaline conditions (for example,
F022; and from the production of
materials on equipment previously used
for the production or manufacturing use
(as a reactant, chemical intermediate, or
component in a formulating process) of:
(1) tri- or tetrachlorophenols, excluding
wastes from equipment used only for
the production of Hexachlorophene from
highly purified 2,4,5-trichlorophenol
(F023); (2) tetra-, penta-, or
hexachlorobenzenes under alkaline
conditions (for example, F026).
HxCDFs (All Hexachlorodibenzofurans) NA 0.000063 0.001
PeCDDs (All NA 0.000063 0.001
Pentachlorodibenzo-p-dioxins)
PeCDFs (All Pentachlorodibenzofurans) NA 0.000035 0.001
Pentachlorophenol 87-86-5 0.089 7.4
TCDDs (All NA 0.000063 0.001
Tetrachlorodibenzo-p-dioxins)
TCDFs (All Tetrachlorodibenzofurans) NA 0.000063 0.001
2,4,5-Trichlorophenol 95-95-4 0.18 7.4
2,4,6-Trichlorophenol 88-06-2 0.035 7.4
2,3,4,6-Tetrachlorophenol 58-90-2 0.030 7.4

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
F024 Process wastes, including but not All F024 Wastes NA CMBST11 CMBST11
limited to, distillation residues, heavy
ends, tars, and reactor clean-out
wastes, from the production of certain
chlorinated aliphatic hydrocarbons by
free radical catalyzed processes. These
chlorinated aliphatic hydrocarbons are
those having carbon chain lengths
ranging from one to and including five,
with varying amounts and positions of
chlorine substitution. (This listing does
not include wastewaters, wastewater
treatment sludges, spent catalysts, and
wastes listed in section 33.1-24-02-16
or 33.1-24-02-17.)
2-Chloro-1,3-butadiene 126-99-8 0.057 0.28
3-Chloropropylene 107-05-1 0.036 30
1,1-Dichloroethane 75-34-3 0.059 6.0
1,2-Dichloroethane 107-06-2 0.21 6.0
1,2-Dichloropropane 78-87-5 0.85 18
cis-1,3-Dichloropropylene 10061-01-5 0.036 18
trans-1,3-Dichloropropylene 10061-02-6 0.036 18
bis(2-Ethylhexyl) phthalate 117-81-7 0.28 28
Hexachloroethane 67-72-1 0.055 30
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
F025 Condensed light ends from the Carbon tetrachloride 56-23-5 0.057 6.0
production of certain chlorinated
aliphatic hydrocarbons, by free radical
catalyzed processes. These chlorinated
aliphatic hydrocarbons are those having
carbon chain lengths ranging from one
to and including five, with varying
amounts and positions of chlorine
substitution.
F025 - Light ends subcategory.
Chloroform 67-66-3 0.046 6.0

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
1,2-Dichloroethane 107-06-2 0.21 6.0
1,1-Dichloroethylene 75-35-4 0.025 6.0
Methylene chloride 75-9-2 0.089 30
1,1,2-Trichloroethane 79-00-5 0.054 6.0
Trichloroethylene 79-01-6 0.054 6.0
Vinyl chloride 75-01-4 0.27 6.0
Spent filters and filter aids, and spent Carbon tetrachloride 56-23-5 0.057 6.0
desiccant wastes from the production of
certain chlorinated aliphatic
hydrocarbons, by free radical catalyzed
processes. These chlorinated aliphatic
hydrocarbons are those having carbon
chain lengths ranging from one to and
including five, with varying amounts and
positions of chlorine substitution.
F025 - Spent filters/aids and desiccants
subcategory.
Chloroform 67-66-3 0.046 6.0
Hexachlorobenzene 118-74-1 0.055 10
Hexachlorobutadiene 87-68-3 0.055 5.6
Hexachloroethane 67-72-1 0.055 30
Methylene chloride 75-9-2 0.089 30
1,1,2-Trichloroethane 79-00-5 0.054 6.0
Trichloroethylene 79-01-6 0.054 6.0
Vinyl chloride 75-01-4 0.27 6.0
F027 Discarded unused formulations HxCDDs (All NA 0.000063 0.001
containing tri-, tetra-, or Hexachlorodibenzo-p-dioxins)
pentachlorophenol or discarded unused
formulations containing compounds
derived from these chlorophenols (this
listing does not include formulations
containing hexachlorophene
synthesized from prepurified
2,4,5-trichlorophenol as the sole
component).

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
HxCDFs (All Hexachlorodibenzofurans) NA 0.000063 0.001
PeCDDs (All NA 0.000063 0.001
Pentachlorodibenzo-p-dioxins)
PeCDFs (All Pentachlorodibenzofurans) NA 0.000035 0.001
Pentachlorophenol 87-86-5 0.089 7.4
TCDDs (All NA 0.000063 0.001
Tetrachlorodibenzo-p-dioxins)
TCDFs (All Tetrachlorodibenzofurans) NA 0.000063 0.001
2,4,5-Trichlorophenol 95-95-4 0.18 7.4
2,4,6-Trichlorophenol 88-06-2 0.035 7.4
2,3,4,6-Tetrachlorophenol 58-90-2 0.030 7.4
F028 Residues resulting from the incineration HxCDDs (All NA 0.000063 0.001
or thermal treatment of soil Hexachlorodibenzo-p-dioxins)
contaminated with hazardous wastes
numbers F020, F021, F023, F026, and
HxCDFs (All Hexachlorodibenzofurans) NA 0.000063 0.001
PeCDDs (All NA 0.000063 0.001
Pentachlorodibenzo-p-dioxins)
PeCDFs (All Pentachlorodibenzofurans) NA 0.000035 0.001
Pentachlorophenol 87-86-5 0.089 7.4
TCDDs (All NA 0.000063 0.001
Tetrachlorodibenzo-p-dioxins)
TCDFs (All Tetrachlorodibenzofurans) NA 0.000063 0.001
2,4,5-Trichlorophenol 95-95-4 0.18 7.4
2,4,6-Trichlorophenol 88-06-2 0.035 7.4
2,3,4,6-Tetrachlorophenol 58-90-2 0.30 7.4

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
F032 Wastewaters (except those that have Acenaphthene 83-32-9 0.059 3.4
not come into contact with process
contaminants), process residuals,
preservative drippage, and spent
formulations from wood preserving
processes generated at plants that
currently use or have previously used
chlorophenolic formulations (except
potentially cross-contaminated wastes
that have had the F032 waste code
deleted in accordance with section
cross-contaminated wastes that are
otherwise regulated as hazardous
wastes (for example, F034 or F035),
and where the generator does not
resume or initiate use of chlorophenolic
formulations). This listing does not
include K001 bottom sediment sludge
from the treatment of wastewater from
wood preserving processes that use
creosote and/or pentachlorophenol.
Anthracene 120-12-7 0.059 3.4
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(b)fluoranthene (difficult to 205-99-2 0.11 6.8
distinguish from benzo(k)fluoranthene)
Benzo(k)fluoranthene (difficult to 207-08-9 0.11 6.8
distinguish from benzo(b)fluoranthene)
Benzo(a)pyrene 50-32-8 0.061 3.4
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
2-4-Dimethyl phenol 105-67-9 0.036 14
Fluorene 86-73-7 0.059 3.4
Hexachlorodibenzo-p-dioxins NA 0.000063 or CMBST11 0.001 or CMBST11
Hexachlorodibenzofurans NA 0.000063 or CMBST11 0.001 or CMBST11
Indeno (1,2,3-c,d) pyrene 193-39-5 0.0055 3.4
Naphthalene 91-20-3 0.059 5.6

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Pentachlorodibenzo-p-dioxins NA 0.000063 or CMBST11 0.001 or CMBST11
Pentachlorodibenzofurans NA 0.000035 or CMBST11 0.001 or CMBST11
Pentachlorophenol 87-86-5 0.089 7.4
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
Pyrene 129-00-0 0.067 8.2
Tetrachlorodibenzo-p-dioxins NA 0.000063 or CMBST11 0.001 or CMBST11
Tetrachlorodibenzofurans NA 0.000063 or CMBST11 0.001 or CMBST11
2,3,4,6-Tetrachlorophenol 58-90-2 0.030 7.4
2,4,6-Trichlorophenol 88-06-2 0.035 7.4
Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
Chromium (total) 7440-47-3 2.77 0.60 mg/l TCLP
F034 Wastewaters (except those that have Acenaphthene 83-32-9 0.059 3.4
not come into contact with process
contaminants), process residuals,
preservative drippage, and spent
formulations from wood preserving
processes generated at plants that use
creosote formulations. This listing does
not include K001 bottom sediment
sludge from the treatment of wastewater
from wood preserving processes that
use creosote and/or pentachlorophenol.
Anthracene 120-12-7 0.059 3.4
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(b)fluoranthene (difficult to 205-99-2 0.11 6.8
distinguish from benzo(k)fluoranthene)
Benzo(k)fluoranthene (difficult to 207-08-9 0.11 6.8
distinguish from benzo(b)fluoranthene)
Benzo(a)pyrene 50-32-8 0.061 3.4
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Fluorene 86-73-7 0.059 3.4
Indeno (1,2,3-c,d) pyrene 193-39-5 0.0055 3.4
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
Pyrene 129-00-0 0.067 8.2
Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
Chromium (total) 7440-47-3 2.77 0.60 mg/l TCLP
F035 Wastewaters (except those that have Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
not come into contact with process
contaminants), process residuals, Chromium (total) 7440-47-3 2.77 0.60 mg/l TCLP
preservative drippage, and spent
formulations from wood preserving
processes generated at plants that use
inorganic preservatives containing
arsenic or chromium. This listing does
not include K001 bottom sediment
sludge from the treatment of wastewater
from wood preserving processes that
use creosote and/or pentachlorophenol.

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
F037 Petroleum refinery primary Acenaphthene 83-32-9 0.059 NA
oil/water/solids separation sludge-any
sludge generated from the gravitational
separation of oil/water/solids during the
storage or treatment of process
wastewaters and oily cooling
wastewaters from petroleum refineries.
Such sludges include, but are not
limited to, those generated in:
oil/water/solids separators; tanks and
impoundments; ditches and other
conveyances; sumps; and stormwater
units receiving dry weather flow. Sludge
generated in stormwater units that do
not receive dry weather flow, sludges
generated from noncontact
once-through cooling waters segregated
for treatment from other process or oily
cooling waters, sludges generated in
aggressive biological treatment units as
defined in subdivision b of subsection 2
of section 33.1-24-02-16 (including
sludges generated in one or more
additional units after wastewaters have
been treated in aggressive biological
treatment units) and K051 wastes are
not included in this listing.
Anthracene 120-12-7 0.059 3.4
Benzene 71-43-2 0.14 10
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(a)pyrene 50-32-8 0.061 3.4
bis(2-Ethylhexyl) phthalate 117-81-7 0.28 28
Chrysene 218-01-9 0.059 3.4
Di-n-butyl phthalate 84-74-2 0.057 28
Ethylbenzene 100-41-4 0.057 10
Fluorene 86-73-7 0.059 NA
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Phenol 108-95-2 0.039 6.2
Pyrene 129-00-0 0.067 8.2
Toluene 108-88-3 0.080 10
Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Cyanides (Total)7 57-12-5 1.2 590
Lead 7439-92-1 0.69 NA
Nickel 7440-02-0 NA 11.0 mg/l TCLP
F038 Petroleum refinery secondary Benzene 71-43-2 0.14 10
(emulsified) oil/water/solids separation
sludge and/or float generated from the
physical and/or chemical separation of
oil/water/solids in process wastewaters
and oily cooling wastewaters from
petroleum refineries. Such wastes
include, but are not limited to, all
sludges and floats generated in:
induced air flotation (IAF) units, tanks
and impoundments, and all sludges
generated in DAF units. Sludges
generated in stormwater units that do
not receive dry weather flow, sludges
generated from noncontact
once-through cooling waters segregated
for treatment from other process or oily
cooling waters, sludges and floats
generated in aggressive biological
treatment units as defined in
subdivision b of subsection 2 of section
floats generated in one or more
additional units after wastewaters have
been treated in aggressive biological
units) and F037, K048, and K051 are
not included in this listing.
Benzo(a)pyrene 50-32-8 0.061 3.4
bis(2-Ethylhexyl) phthalate 117-81-7 0.28 28

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Chrysene 218-01-9 0.059 3.4
Di-n-butyl phthalate 84-74-2 0.057 28
Ethylbenzene 100-41-4 0.057 10
Fluorene 86-73-7 0.059 NA
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
Pyrene 129-00-0 0.067 8.2
Toluene 108-88-3 0.080 10
Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Cyanides (Total)7 57-12-5 1.2 590
Lead 7439-92-1 0.69 NA
Nickel 7440-02-0 NA 11.0 mg/l TCLP
F039 Leachate (liquids that have percolated Acenaphthylene 208-96-8 0.059 3.4
through land disposed wastes) resulting
from the disposal of more than one
restricted waste classified as hazardous
under sections 33.1-24-05-280 through
the disposal of one or more of the
following hazardous wastes and no
other hazardous wastes retains its
hazardous waste number(s): F020,
F021, F022, F026, F027, and/or F028).
Acenaphthene 83-32-9 0.059 3.4
Acetone 67-64-1 0.28 160
Acetonitrile 75-05-8 5.6 NA
Acetophenone 96-86-2 0.010 9.7
2-Acetylaminofluorene 53-96-3 0.059 140
Acrolein 107-02-8 0.29 NA

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Acrylonitrile 107-13-1 0.24 84
Aldrin 309-00-2 0.021 0.066
4-Aminobiphenyl 92-67-1 0.13 NA
o-Anisidine (2-methoxyaniline) 90-04-0 0.010 0.66
Aniline 62-53-3 0.81 14
Anthracene 120-12-7 0.059 3.4
Aramite 140-57-8 0.36 NA
alpha-BHC 319-84-6 0.00014 0.066
beta-BHC 319-85-7 0.00014 0.066
delta-BHC 319-86-8 0.023 0.0.066
gamma-BHC 58-89-9 0.0017 0.066
Benzene 71-43-2 0.14 10
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(b)fluoranthene (difficult to 205-99-2 0.11 6.8
distinguish from benzo(k)fluoranthene)
Benzo(k)fluoranthene (difficult to 207-08-9 0.11 6.8
distinguish from benzo(b)fluoranthene)
Benzo(g,h,i)perylene 191-24-2 0.0055 1.8
Benzo(a)pyrene 50-32-8 0.061 3.4
Bromodichloromethane 75-27-4 0.35 15
Methyl bromide (Bromomethane) 74-83-9 0.11 15
4-Bromophenyl phenyl ether 101-55-3 0.055 15
n-Butyl alcohol 71-36-3 5.6 2.6
Butyl benzyl phthalate 85-68-7 0.017 28
2-sec-Butyl-4,6-dinitrophenol (Dinoseb) 88-85-7 0.066 2.5
Carbondisulfide 75-15-0 3.8 NA
Carbon tetrachloride 56-23-5 0.057 6.0
Chlordane (alpha and gamma isomers) 57-74-9 0.0033 0.26

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
p-Chloroaniline 106-47-8 0.46 16
Chlorobenzene 108-90-7 0.057 6.0
Chlorobenzilate 510-15-6 0.10 NA
2-Chloro-1,3-butadiene 126-99-8 0.057 NA
Chlorodibromomethane 124-48-1 0.057 15
Chloroethane 75-00-3 0.27 6.0
bis(2-Chloroethoxy)methane 111-91-1 0.036 7.2
bis(2-Chloroethyl)ether 111-44-4 0.033 6.0
Chloroform 67-66-3 0.046 6.0
bis(2-Chloroisopropyl)ether 39638-32-9 0.055 7.2
p-Chloro-m-cresol 59-50-7 0.018 14
Chloromethane (Methyl chlorida) 74-87-3 0.19 30
2-Chloronaphthalene 91-58-7 0.055 5.6
2-Chlorophenol 95-57-8 0.044 5.7
3-Chloropropylene 107-05-1 0.036 30
Chrysene 218-01-9 0.059 3.4
o-Cresol 95-48-7 0.11 5.6
m-Cresol (difficult to distinguish from 108-39-4 0.77 5.6
p-cresol)
p-Cresol (difficult to distinguish from 106-44-5 0.77 5.6
m-cresol)
p-Cresidine 120-71-8 0.010 0.66
Cyclohexanone 108-94-1 0.36 NA
1,2-Dibromo-3-chloropropane 96-12-8 0.11 15
Ethylene dibromide 106-93-4 0.028 15
(1,2-Dibromoethane)
Dibromomethane 74-95-3 0.11 15
2,4-D (2,4-Dichlorophenoxyacetic acid) 94-75-7 0.72 10
o,p'-DDD 53-19-0 0.023 0.087

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
p,p'-DDD 72-54-8 0.023 0.087
o,p'-DDE 3424-82-6 0.031 0.087
p,p'-DDE 72-55-9 0.031 0.087
o,p'-DDT 789-02-6 0.0039 0.087
p,p'-DDT 50-29-3 0.0039 0.087
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Dibenz(a,e)pyrene 192-65-4 0.061 NA
m-Dichlorobenzene 541-73-1 0.036 6.0
o-Dichlorobenzene 95-50-1 0.088 6.0
p-Dichlorobenzene 106-46-7 0.090 6.0
Dichlorodifluoromethane 75-71-8 0.23 7.2
1,1-Dichloroethane 75-34-3 0.059 6.0
1,2-Dichloroethane 107-06-2 0.21 6.0
1,1-Dichloroethylene 75-35-4 0.025 6.0
trans-1,2-Dichloroethylene 156-60-5 0.054 30
2,4-Dichlorophenol 120-83-2 0.044 14
2,6-Dichlorophenol 87-65-0 0.044 14
1,2-Dichloropropane 78-87-5 0.85 18
cis-1,3-Dichloropropylene 10061-01-5 0.036 18
trans-1,3-Dichloropropylene 10061-02-6 0.036 18
Dieldrin 60-57-1 0.017 0.13
Diethyl phthalate 84-66-2 0.20 28
2,4-Dimethylaniline (2,4-xylidine) 95-68-1 0.010 0.66
2-4-Dimethyl phenol 105-67-9 0.036 14
Dimethyl phthalate 131-11-3 0.047 28
Di-n-butyl phthalate 87-74-2 0.057 28
1,4-Dinitrobenzene 100-25-4 0.32 2.3

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
4,6-Dinitro-o-cresol 534-52-1 0.28 160
2,4-Dinitrophenol 51-28-5 0.12 160
2,4-Dinitrotoluene 121-14-2 0.32 140
2,6-Dinitrotoluene 606-20-2 0.55 28
Di-n-octyl phthalate 117-84-0 0.017 28
Di-n-propylnitrosamine 621-64-7 0.40 14
1,4-Dioxane 123-91-1 12.0 170
Diphenylamine (difficult to distinguish 122-39-4 0.92 13
from diphenylnitrosamine)
Diphenylnitrosamine (difficult to 86-30-6 0.92 13
distinguish from diphenylamine)
1,2-Diphenylhydrazine 122-66-7 0.087 NA
Disulfoton 298-04-4 0.017 6.2
Endosulfan I 939-98-8 0.023 0.066
Endosulfan II 33213-6-5 0.029 0.13
Endosulfan sulfate 131-07-8 0.029 0.13
Endrin 72-20-8 0.0028 0.13
Endrin aldehyde 7421-93-4 0.025 0.13
Ethyl acetate 141-78-6 0.34 33
Ethyl cyanide (Propanenitrile) 107-12-0 0.24 360
Ethyl benzene 100-41-4 0.057 10
Ethyl ether 60-29-7 0.12 160
bis(2-Ethylhexyl) phthalate 117-81-7 0.28 28
Ethyl methacrylate 97-63-2 0.14 160
Ethylene oxide 75-21-8 0.12 NA
Famphur 52-85-7 0.017 15
Fluoranthene 206-44-0 0.068 3.4
Fluorene 86-73-7 0.059 3.4

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Heptachlor 76-44-8 0.0012 0.066
Heptachlor epoxide 1024-57-3 0.016 0.066
1,2,3,4,6,7,8- Heptachlorodibenzofuran 67562-39-4 0.000035 0.0025
(1,2,3,4,6,7,8-HpCDF)
1,2,3,4,7,8,9- Heptachlorodibenzofuran 55673-89-7 0.000035 0.0025
(1,2,3,4,7,8,9-HpCDF)
1,2,3,4,6,7,8- 35822-46-9 0.000035 0.0025
Heptachlorodibenzo-p-dioxin
(1,2,3,4,6,7,8-HpCDD)
Hexachlorobenzene 118-74-1 0.055 10
Hexachlorobutadiene 87-68-3 0.055 5.6
Hexachlorocyclopentadiene 77-47-4 0.057 2.4
HxCDDs (All Hexa- NA 0.000063 0.001
chlorodibenzo-p-dioxins)
HxCDFs (All Hexachlorodibenzofurans) NA 0.000063 0.001
Hexachloroethane 67-72-1 0.055 30
Hexachloropropylene 1888-71-7 0.035 30
Indeno (1,2,3-c,d) pyrene 193-39-5 0.0055 3.4
Iodomethane 74-88-4 0.19 65
Isobutyl alcohol 78-83-1 5.6 170
Isodrin 465-73-6 0.021 0.066
Isosafrole 120-58-1 0.081 2.6
Kepone 143-50-8 0.0011 0.13
Methacrylonitrile 126-98-7 0.24 84
Methanol 67-56-1 5.6 NA
Methapyrilene 91-80-5 0.081 1.5
Methoxychlor 72-43-5 0.25 0.18
3-Methylcholanthrene 56-49-5 0.0055 15
4,4-Methylene bis(2- chloroaniline) 101-14-4 0.50 30

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Methylene chloride 75-09-2 0.089 30
Methyl ethyl ketone 78-93-3 0.28 36
Methyl isobutyl ketone 108-10-1 0.14 33
Methyl methacrylate 80-62-6 0.14 160
Methyl methansulfonate 66-27-3 0.018 NA
Methyl parathion 298-00-0 0.014 4.6
Naphthalene 91-20-3 0.059 5.6
2-Naphthylamine 91-59-8 0.52 NA
p-Nitroaniline 100-01-6 0.028 28
Nitrobenzene 98-95-3 0.068 14
5-Nitro-o-toluidine 99-55-8 0.32 28
p-Nitrophenol 100-02-7 0.12 29
N-Nitrosodiethylamine 55-18-5 0.40 28
N-Nitrosodimethylamine 62-75-9 0.40 NA
N-Nitroso-di-n-butylamine 924-16-3 0.40 17
N-Nitrosomethylethylamine 10595-95-6 0.40 2.3
N-Nitrosomorpholine 59-89-2 0.40 2.3
N-Nitrosopiperidine 100-75-4 0.013 35
N-Nitrosopyrrolidine 930-55-2 0.013 35
1,2,3,4,6,7,8,9- Octachlorodibenzofuran 39001-02-0 0.000063 0.005
1,2,3,4,6,7,8,9- 3268-87-9 0.000063 0.0025
Octachlorodibenzo-p-dioxin (OCDD)
Parathion 56-38-2 0.014 4.6
Total PCBs (sum of all PCB isomers, or 1336-36-3 0.10 10
all Aroclors)
Pentachlorobenzene 608-93-5 0.055 10
PeCDDs (All Penta- NA 0.000063 0.001
chlorodibenzo-p-dioxins)

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
PeCDFs (All Pentachlorodi- NA 0.000035 0.001
benzofurans)
Pentachloronitrobenzene 82-68-8 0.055 4.8
Pentachlorophenol 87-86-5 0.089 7.4
Phenacetin 62-44-2 0.081 16
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
1,3-Phenylenediamine 108-45-2 0.010 0.66
Phorate 298-02-2 0.021 4.6
Phthalic anhydride 85-44-9 0.055 NA
Pronamide 23950-58-5 0.093 1.5
Pyrene 129-00-0 0.067 8.2
Pyridine 110-86-1 0.014 16
Safrole 94-59-7 0.081 22
Silvex (2,4,5-TP) 93-72-1 0.72 7.9
2,4,5-T 93-76-5 0.72 7.9
1,2,4,5-Tetrachlorobenzene 95-94-3 0.055 14
TCDDs (All Tetra- NA 0.000063 0.001
chlorodibenzo-p-dioxins)
TCDFs (All Tetra- chlorodibenzofurans) NA 0.000063 0.001
1,1,1,2-Tetrachloroethane 630-20-6 0.057 6.0
1,1,2,2-Tetrachloroethane 79-34-6 0.057 6.0
Tetrachloroethylene 127-18-4 0.056 6.0
2,3,4,6-Tetrachlorophenol 58-90-2 0.030 7.4
Toluene 108-88-3 0.080 10
Toxaphene 8001-35-2 0.0095 2.6
Bromoform (Tribromomethane) 75-25-2 0.63 15
1,2,4-Trichlorobenzene 120-82-1 0.055 19

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
1,1,1-Trichloroethane 71-55-6 0.054 6.0
1,1,2-Trichloroethane 79-00-5 0.054 6.0
Trichloroethylene 79-01-6 0.054 6.0
Trichloromonofluoromethane 75-69-4 0.020 30
2,4,5-Trichlorophenol 95-95-4 0.18 7.4
2,4,6-Trichlorophenol 88-06-2 0.035 7.4
1,2,3-Trichloropropane 96-18-4 0.85 30
1,1,2-Trichloro-1,2,2- trifluoroethane 76-13-1 0.057 30
tris(2,3-Dibromopropyl) phosphate 126-72-7 0.11 NA
Vinyl chloride 75-01-4 0.27 6.0
Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
Antimony 7440-36-0 1.9 1.15 mg/l TCLP
Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
Barium 7440-39-3 1.2 21 mg/l TCLP
Beryllium 7440-41-7 0.82 NA
Cadmium 7440-43-9 0.69 0.11 mg/l TCLP
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable) 57-12-5 0.86 NA
Fluoride 16964-48-8 35 NA
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Mercury 7439-97-6 0.15 0.025 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
Selenium 7782-49-2 0.82 5.7 mg/l TCLP
Silver 7440-22-4 0.43 0.14 mg/l TCLP
Sulfide 8496-25-8 14 NA
Thallium 7440-28-0 1.4 NA

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Vanadium 7440-62-2 4.3 NA
K001 Bottom sediment sludge from the Naphthalene 91-20-3 0.059 5.6
treatment of wastewaters from wood
preserving processes that use creosote
and/or pentachlorophenol.
Pentachlorophenol 87-86-5 0.089 7.4
Phenanthrene 85-01-8 0.059 5.6
Pyrene 129-00-0 0.067 8.2
Toluene 108-88-3 0.080 10
Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
Lead 7439-92-1 0.69 0.75 mg/l TCLP
K002 Wastewater treatment sludge from the Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
production of chrome yellow and orange
pigments.
Lead 7439-92-1 0.69 0.75 mg/l TCLP
K003 Wastewater treatment sludge from the Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
production of molybdate orange
pigments.
Lead 7439-92-1 0.69 0.75 mg/l TCLP
K004 Wastewater treatment sludge from the Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
production of zinc yellow pigments.
Lead 7439-92-1 0.69 0.75 mg/l TCLP
K005 Wastewater treatment sludge from the Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
production of chrome green pigments.
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Cyanides (Total)7 57-12-5 1.2 590
K006 Wastewater treatment sludge from the Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
production of chrome oxide green
pigments (anhydrous).
Lead 7439-92-1 0.69 0.75 mg/l TCLP

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Wastewater treatment sludge from the Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
production of chrome oxide green
pigments (hydrated).
Lead 7439-92-1 0.69 NA
K007 Wastewater treatment sludge from the Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
production of iron blue pigments.
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Cyanides (Total)7 57-12-5 1.2 590
K008 Oven residue from the production of Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
chrome oxide green pigments.
Lead 7439-92-1 0.69 0.75 mg/l TCLP
K009 Distillation bottoms from the production Chloroform 67-66-3 0.046 6.0
of acetaldehyde from ethylene.
K010 Distillation side cuts from the production Chloroform 67-66-3 0.046 6.0
of acetaldehyde from ethylene.
K011 Bottom stream from the wastewater Acetonitrile 75-05-8 5.6 38
stripper in the production of acrylonitrile.
Acrylonitrile 107-13-1 0.24 84
Acrylamide 79-06-1 19 23
Benzene 71-43-2 0.14 10
Cyanide (Total) 47-12-5 1.2 590
K013 Bottom stream from the acetonitrile Acetonitrile 75-05-8 5.6 38
column in the production of acrylonitrile.
Acrylonitrile 107-13-1 0.24 84
Acrylamide 79-06-1 19 23
Benzene 71-43-2 0.14 10
Cyanide (Total) 57-12-5 1.2 590
K014 Bottoms from the acetonitrile purification Acetonitrile 75-05-8 5.6 38
column in the production of acrylonitrile.
Acrylonitrile 107-13-1 0.24 84
Acrylamide 79-06-1 19 23

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Benzene 71-43-2 0.14 10
Cyanide (Total) 57-12-5 1.2 590
K015 Still bottoms from the distillation of Anthracene 120-12-7 0.059 3.4
benzyl chloride.
Benzal chloride 98-87-3 0.055 6.0
Benzo(b)fluoranthene (difficult to 205-99-2 0.11 6.8
distinguish from benzo(k)fluoranthene)
Benzo(k)fluroanthene (difficult to 207-08-9 0.11 6.8
distinguish from benzo(b)fluoranthene)
Phenanthrene 85-01-8 0.059 5.6
Toluene 108-88-3 0.080 10
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
K016 Heavy ends or distillation residues from Hexachlorobenzene 118-74-1 0.055 10
the production of carbon tetrachloride.
Hexachlorobutadiene 87-68-3 0.055 5.6
Hexachlorocyclopentadiene 77-47-4 0.057 2.4
Hexachloroethane 67-72-1 0.055 30
Tetrachloroethylene 127-18-4 0.056 6.0
K017 Heavy ends (still bottoms) from the bis(2-Chloroethyl)ether 111-44-4 0.033 6.0
purification column in the production of
epichlorohydrin.
1,2-Dichloropropane 78-87-5 0.85 18
1,2,3-Trichloropropane 96-18-4 0.85 30
K018 Heavy ends from the fractionation Chloroethane 75-00-3 0.27 6.0
column in ethyl chloride production.
Chloromethane 74-87-3 0.19 NA
1,1-Dichloroethane 75-34-3 0.059 6.0
1,2-Dichloroethane 107-06-2 0.21 6.0
Hexachlorobenzene 118-74-1 0.055 10

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Hexachlorobutadiene 87-68-3 0.055 5.6
Hexachloroethane 67-72-1 0.055 30
Pentachloroethane 76-01-7 NA 6.0
1,1,1-Trichloroethane 71-55-6 0.054 6.0
K019 Heavy ends from the distillation of bis(2-Chloroethyl)ether 111-44-4 0.033 6.0
ethylene dichloride in ethylene
dichloride production.
Chlorobenzene 108-90-7 0.057 6.0
Chloroform 67-66-3 0.046 6.0
p-Dichlorobenzene 106-46-7 0.090 NA
1,2-Dichloroethane 107-06-2 0.21 6.0
Fluorene 86-73-7 0.059 NA
Hexachloroethane 67-72-1 0.055 30
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
1,2,4,5-Tetrachlorobenzene 95-94-3 0.055 NA
Tetrachloroethylene 127-18-4 0.056 6.0
1,2,4-Trichlorobenzene 120-82-1 0.055 19
1,1,1-Trichloroethane 71-55-6 0.054 6.0
K020 Heavy ends from the distillation of vinyl 1,2-Dichloroethane 107-06-2 0.21 6.0
chloride in vinyl chloride monomer
production.
1,1,2,2-Tetrachloroethane 79-34-6 0.057 6.0
Tetrachloroethylene 127-18-4 0.056 6.0
K021 Aqueous spent antimony catalyst waste Carbon tetrachloride 56-23-5 0.057 6.0
from fluoromethanes production.
Chloroform 67-66-3 0.046 6.0
Antimony 7440-36-0 1.9 1.15 mg/l TCLP

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
K022 Distillation bottom tars from the Toluene 108-88-3 0.080 10
production of phenol/acetone from
cumene.
Acetophenone 96-86-2 0.010 9.7
Diphenylamine (difficult to distinguish 122-39-4 0.92 13
from diphenylnitrosamine)
Diphenylnitrosamine (difficult to 86-30-6 0.92 13
distinguish from diphenylamine)
Phenol 108-95-2 0.039 6.2
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
K023 Distillation light ends from the Phthalic anhydride (measured as 100-21-0 0.055 28
production of phthalic anhydride from Phthalic acid or Terephthalic acid)
naphthalene.
Phthalic anhydride (measured as 85-44-9 0.055 28
Phthalic acid or Terephthalic acid)
K024 Distillation bottoms from the production Phthalic anhydride (measured as 100-21-0 0.055 28
of phthalic anhydride from naphthalene. Phthalic acid or Terephthalic acid)
Phthalic anhydride (measured as 85-44-9 0.055 28
Phthalic acid or Terephthalic acid)
K025 Distillation bottoms from the production NA NA LLEXT fb SSTRP fb CARBN; or CMBST
of nitrobenzene by the nitration of CMBST
benzene.
K026 Stripping still tails from the production of NA NA CMBST CMBST
methyl ethyl pyridines.
K027 Centrifuge and distillation residues from NA NA CARBN; or CMBST CMBST
toluene diisocyanate production.
K028 Spent catalyst from the hydrochlorinator 1,1-Dichloroethane 75-34-3 0.059 6.0
reactor in the production of
1,1,1-trichloroethane.
trans-1,2-Dichloroethylene 156-60-5 0.054 30
Hexachlorobutadiene 87-68-3 0.055 5.6
Hexachloroethane 67-72-1 0.055 30

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Pentachloroethane 76-01-7 NA 6.0
1,1,1,2-Tetrachloroethane 630-20-6 0.057 6.0
1,1,2,2-Tetrachloroethane 79-34-6 0.057 6.0
Tetrachloroethylene 127-18-4 0.056 6.0
1,1,1-Trichloroethane 71-55-6 0.054 6.0
1,1,2-Trichloroethane 79-00-5 0.054 6.0
Cadmium 7440-43-9 0.69 NA
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
K029 Waste from the product steam stripper Chloroform 67-66-3 0.046 6.0
in the production of
1,1,1-trichloroethane.
1,2-Dichloroethane 107-06-2 0.21 6.0
1,1-Dichloroethylene 75-35-4 0.025 6.0
1,1,1-Trichloroethane 71-55-6 0.054 6.0
Vinyl chloride 75-01-4 0.27 6.0
K030 Column bodies or heavy ends from the o-Dichlorobenzene 95-50-1 0.088 NA
combined production of
trichloroethylene and perchloroethylene.
p-Dichlorobenzene 106-46-7 0.090 NA
Hexachlorobutadiene 87-68-3 0.055 5.6
Hexachloroethane 67-72-1 0.055 30
Hexachloropropylene 1888-71-7 NA 30
Pentachlorobenzene 608-93-5 NA 10
Pentachloroethane 76-01-7 NA 6.0
1,2,4,5-Tetrachlorobenzene 95-94-3 0.055 14
Tetrachloroethylene 127-18-4 0.056 6.0
1,2,4-Trichlorobenzene 120-82-1 0.055 19

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
K031 Byproduct salts generated in the Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
production of MSMA and cacodylic acid.
K032 Wastewater treatment sludge from the Hexachlorocyclopentadiene 77-47-4 0.057 2.4
production of chlordane.
Chlordane (alpha and gamma isomers) 57-74-9 0.0033 0.26
Heptachlor 76-44-8 0.0012 0.066
Heptachlor epoxide 1024-57-3 0.016 0.066
K033 Wastewater and scrub water from the Hexachlorocyclopentadiene 77-47-4 0.057 2.4
chlorination of cyclopentadiene in the
production of chlordane.
K034 Filter solids from the filtration of Hexachlorocylopentadiene 77-47-4 0.057 2.4
hexachlorocyclopentadiene in the
production of chlordane.
K035 Wastewater treatment sludges Acenaphthene 83-32-9 NA 3.4
generated in the production of creosote.
Anthracene 120-12-7 NA 3.4
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(a)pyrene 50-32-8 0.061 3.4
Chrysene 218-01-9 0.059 3.4
o-Cresol 95-48-7 0.11 5.6
m-Cresol (difficult to distinguish from 108-39-4 0.77 5.6
p-cresol)
p-Cresol (difficult to distinguish from 106-44-5 0.77 5.6
m-cresol)
Dibenz(a,h)anthracene 53-70-3 NA 8.2
Fluoranthene 206-44-0 0.068 3.4
Fluorene 86-73-7 NA 3.4
Indeno(1,2,3-cd)pyrene 193-39-5 NA 3.4
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Pyrene 129-00-0 0.067 8.2
K036 Still bottoms from toluene reclamation Disulfoton 298-04-4 0.017 6.2
distillation in the production of
disulfoton.
K037 Wastewater treatment sludges from the Disulfoton 298-04-4 0.017 6.2
production of disulfoton.
Toluene 108-88-3 0.080 10
K038 Wastewater from the washing and Phorate 298-02-2 0.021 4.6
stripping of phorate production.
K039 Filter cake from the filtration of NA NA CARBN; or CMBST CMBST
diethylphosphorodithioc acid in the
production of phorate.
K040 Wastewater treatment sludge from the Phorate 298-02-2 0.021 4.6
production of phorate.
K041 Wastewater treatment sludge from the Toxaphene 8001-35-2 0.0095 2.6
production of toxaphene.
K042 Heavy ends or distillation residues from o-Dichlorobenzene 95-50-1 0.088 6.0
the distillation of tetrachlorobenzene in
the production of 2,4,5-T.
p-Dichlorobenzene 106-46-7 0.090 6.0
Pentachlorobenzene 608-93-5 0.055 10
1,2,4,5-Tetrachlorobenzene 95-94-3 0.055 14
1,2,4-Trichlorobenzene 120-82-1 0.055 19
K043 2,6-Dichlorophenol waste from the 2,4-Dichlorophenol 120-83-2 0.044 14
production of 2,4-D.
2,6-Dichlorophenol 187-65-0 0.044 14
2,4,5-Trichlorophenol 95-95-4 0.18 7.4
2,4,6-Trichlorophenol 88-06-2 0.035 7.4
2,3,4,6-Tetrachlorophenol 58-90-2 0.030 7.4
Pentachlorophenol 87-86-5 0.089 7.4
Tetrachloroethylene 127-18-4 0.056 6.0

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
HxCDDs (All NA 0.000063 0.001
Hexachlorodibenzo-p-dioxins)
HxCDFs (All hexachlorodibenzofurans) NA 0.000063 0.001
PeCDDs (All Penta- NA 0.000063 0.001
chlorodibenzo-p-dioxins)
PeCDFs (All Penta- NA 0.000035 0.001
chlorodibenzofurans)
TCDDs (All tetra- NA 0.000063 0.001
chlorodibenzo-p-dioxins)
TCDFs (All Tetra- chlorodibenzofurans) NA 0.000063 0.001
K044 Wastewater treatment sludges from the NA NA DEACT DEACT
manufacturing and processing of
explosives.
K045 Spent carbon from the treatment of NA NA DEACT DEACT
wastewater containing explosives.
K046 Wastewater treatment sludges from the Lead 7439-92-1 0.69 0.75 mg/l TCLP
manufacturing, formulation and loading
of lead-based initiating compounds.
K047 Pink/red water from TNT operations. NA NA DEACT DEACT
K048 Dissolved air flotation (DAF) float from Benzene 71-43-2 0.14 10
the petroleum refining industry.
Benzo(a)pyrene 50-32-8 0.061 3.4
bis(2-Ethylhexyl) phthalate 117-81-7 0.28 28
Chrysene 218-01-9 0.059 3.4
Di-n-butyl phthalate 84-74-2 0.057 28
Ethylbenzene 100-41-4 0.057 10
Fluorene 86-73-7 0.059 NA
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
Pyrene 129-00-0 0.067 8.2

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Toluene 108-88-33 0.080 10
Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Cyanides (Total)7 57-12-5 1.2 590
Lead 7439-92-1 0.69 NA
Nickel 7440-02-0 NA 11.0 mg/l TCLP
K049 Slop oil emulsion solids from the Anthracene 120-12-7 0.059 3.4
petroleum refining industry.
Benzene 71-43-2 0.14 10
Benzo(a)pyrene 50-32-8 0.061 3.4
bis(2)-Ethylhexyl phthalate 117-81-7 0.28 28
Carbon disulfide 75-15-0 3.8 NA
Chrysene 2218-01-9 0.059 3.4
2,4-Dimethylphenol 105-67-9 0.036 NA
Ethylbenzene 100-41-4 0.057 10
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
Pyrene 129-00-0 0.067 8.2
Toluene 108-88-3 0.080 10
Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
Cyanides (Total)7 57-12-5 1.2 590
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Lead 7439-92-1 0.69 NA
Nickel 7440-02-0 NA 11.0 mg/l TCLP
K050 Heat exchanger bundle cleaning sludge Benzo(a)pyrene 50-32-8 0.061 3.4
from the petroleum refining industry.

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Phenol 108-95-2 0.039 6.2
Cyanides (Total)7 57-12-5 1.2 590
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Lead 7439-92-1 0.69 NA
Nickel 7440-02-0 NA 11.0 mg/l TCLP
K051 API separator sludge from the Acenaphthene 83-32-9 0.059 NA
petroleum refining industry.
Anthracene 120-12-7 0.059 3.4
Benz(a)anthracene 56-55-3 0.059 3.4
Benzene 71-43-2 0.14 10
Benzo(a)pyrene 50-32-8 0.061 3.4
bis(2-Ethylhexyl) phthalate 117-81-7 0.28 28
Chrysene 2218-01-9 0.059 3.4
Di-n-butyl phthalate 105-67-9 0.057 28
Ethylbenzene 100-41-4 0.057 10
Fluorene 86-73-7 0.059 NA
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
Pyrene 129-00-0 0.067 8.2
Toluene 108-88-3 0.08 10
Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
Cyanides (Total)7 57-12-5 1.2 590
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Lead 7439-92-1 0.69 NA
Nickel 7440-02-0 NA 11.0 mg/l TCLP
K052 Tank bottoms (leaded) from the Benzene 71-43-2 0.14 10
petroleum refining industry.

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Benzo(a)pyrene 50-32-8 0.061 3.4
o-Cresol 95-48-7 0.11 5.6
m-Cresol (difficult to distinguish from 108-39-4 0.77 5.6
p-cresol)
p-Cresol (difficult to distinguish from 106-44-5 0.77 5.6
m-cresol)
2,4-Dimethylphenol 105-67-9 0.036 NA
Ethylbenzene 100-41-4 0.057 10
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
Toluene 108-88-3 0.08 10
Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Cyanides (Total)7 57-12-5 1.2 590
Lead 7439-92-1 0.69 NA
Nickel 7440-02-0 NA 11.0 mg/l TCLP
K060 Ammonia still lime sludge from coking Benzene 71-43-2 0.14 10
operations.
Benzo(a)pyrene 50-32-8 0.061 3.4
Naphthalene 91-20-3 0.059 5.6
Phenol 108-95-2 0.039 6.2
Cyanides (Total)7 57-12-5 1.2 590
K061 Emission control dust/sludge from the Antimony 7440-36-0 NA 1.15 mg/l TCLP
primary production of steel in electric
furnaces.
Arsenic 7440-38-2 NA 5.0 mg/l TCLP
Barium 7440-39-3 NA 21 mg/l TCLP
Beryllium 7440-41-7 NA 1.22 mg/l TCLP

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Cadmium 7440-43-9 0.69 0.11 mg/l TCLP
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Mercury 7439-97-6 NA 0.025 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
Selenium 7782-49-2 NA 5.7 mg/l TCLP
Silver 7440-22-4 NA 0.14 mg/l TCLP
Thallium 7440-28-0 NA 0.20 mg/l TCLP
Zinc 7440-66-6 NA 4.3 mg/l TCLP
K062 Spent pickle liquor generated by steel Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
finishing operations of facilities within
the iron and steel industry (standard
industrial codes 331 and 332).
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Nickel 7440-02-0 3.98 NA
K069 Emission control dust/sludge from Cadmium 7440-43-9 0.69 0.11 mg/l TCLP
secondary lead smelting - calcium
sulfate (low lead) subcategory.
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Emission control dust/sludge from NA NA NA RLEAD
secondary lead smelting - noncalcium
sulfate (high lead) subcategory.
K071 K071 (Brine purification muds from the Mercury 7439-97-6 NA 0.20 mg/l TCLP
mercury cell process in chlorine
production, where separately prepurified
brine is not used.) Nonwastewaters that
are residues from RMERC.
K071 (Brine purification muds from the Mercury 7439-97-6 NA 0.025 mg/l TCLP
mercury cell process in chlorine
production, where separately prepurified
brine is not used.) Nonwastewaters that
are not residues from RMERC.
All K071 wastewaters. Mercury 7439-97-6 0.15 NA

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
K073 Chlorinated hydrocarbon waste from the Carbon tetrachloride 56-23-5 0.057 6.0
purification step of the diaphragm cell
process using graphite anodes in
chlorine production.
Chloroform 67-66-3 0.046 6.0
Hexachloroethane 67-72-1 0.055 30
Tetrachloroethylene 127-18-4 0.056 6.0
1,1,1-Trichloroethane 71-55-6 0.054 6.0
K083 Distillation bottoms from aniline Aniline 62-53-3 0.81 14
production.
Benzene 71-43-2 0.14 10
Cyclohexanone 108-94-1 0.36 NA
Diphenylamine (difficult to distinguish 122-39-4 0.92 13
from diphenylnitrosamine)
Diphenylnitrosamine (difficult to 86-30-6 0.92 13
distinguish from diphenlyamine)
Nitrobenzene 98-95-3 0.068 14
Phenol 108-95-2 0.039 6.2
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
K084 Wastewater treatment sludges Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
generated during the production of
veterinary pharmaceuticals from arsenic
or organo-arsenic compounds.
K085 Distillation or fractionation column Benzene 71-43-2 0.14 10
bottoms from the production of
chlorobenzenes.
Chlorobenzene 108-90-7 0.057 6.0
m-Dichlorobenzene 541-73-1 0.036 6.0
o-Dichlorobenzene 95-50-1 0.088 6.0
p-Dichlorobenzene 106-46-7 0.090 6.0
Hexachlorobenzene 118-74-1 0.055 10

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Total PCBs (sum of all PCB isomers, or 1336-36-3 0.10 10
all Aroclors)
Pentachlorobenzene 608-93-5 0.055 10
1,2,4,5-Tetrachlorobenzene 95-94-3 0.055 14
1,2,4-Tricholorobenzene 120-82-1 0.055 19
K086 Solvent wastes and sludges, caustic Acetone 67-64-1 0.28 160
washes and sludges, or water washes
and sludges from cleaning tubs and
equipment used in the formulation of ink
from pigments, driers, soaps, and
stabilizers containing chromium and
lead.
Acetophenone 96-86-2 0.010 9.7
bis(2-Ethylhexyl) phthalate 117-81-7 0.28 28
n-Butyl alcohol 71-36-3 5.6 2.6
Butylbenzyl phthalate 85-68-7 0.017 28
Cyclohexanone 108-94-1 0.36 NA
o-Dichlorobenzene 95-50-1 0.088 6.0
Diethyl phthalate 84-66-2 0.20 28
Dimethyl phthalate 131-11-3 0.047 28
Di-n-butyl phthalate 84-74-2 0.057 28
Di-n-octyl phthalate 117-84-0 0.017 28
Ethyl acetate 141-78-6 0.34 33
Ethylbenzene 100-41-4 0.057 10
Methanol 67-56-1 5.6 NA
Methyl ethyl ketone 78-93-3 0.28 36
Methyl isobutyl ketone 108-10-1 0.14 33
Methylene chloride 75-09-2 0.089 30
Naphthalene 91-20-3 0.059 5.6
Nitrobenzene 98-95-3 0.068 14

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Toluene 108-88-3 0.080 10
1,1,1-Trichloroethane 71-55-6 0.054 6.0
Trichloroethylene 79-01-6 0.054 6.0
Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Cyanides (Total)7 57-12-5 1.2 590
Lead 7439-92-1 0.69 0.75 mg/l TCLP
K087 Decanter tank tar sludge from coking Acenaphthylene 208-96-8 0.059 3.4
operations.
Benzene 71-43-2 0.14 10
Chrysene 218-01-9 0.059 3.4
Fluoranthene 206-44-0 0.068 3.4
Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 85-01-8 0.059 5.6
Toluene 108-88-3 0.080 10
Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
Lead 7439-92-1 0.69 0.75 mg/l TCLP
K088 Spent potliners from primary aluminum Acenaphthene 83-32-9 0.059 3.4
reduction.
Anthracene 120-12-7 0.059 3.4
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(a)pyrene 50-32-8 0.061 3.4
Benzo(b)fluoranthene 205-99-2 0.11 6.8
Benzo(k)fluoranthene 207-08-09 0.11 6.8
Benzo(g,h,i)perylene 191-24-2 0.0055 1.8
Chrysene 218-01-9 0.059 3.4

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Fluoranthene 206-44-0 0.068 3.4
Indeno(1,2,3-cd)-pyrene 193-39-5 0.0055 3.4
Phenanthrene 85-01-8 0.059 5.6
Pyrene 129-00-0 0.067 8.2
Antimony 7440-36-0 1.9 1.15 mg/l TCLP
Arsenic 7440-38-2 1.4 26.1
Barium 7440-39-3 1.2 21 mg/l TCLP
Beryllium 7440-41-7 0.82 1.22 mg/l TCLP
Cadmium 7440-43-9 0.69 0.11 mg/l TCLP
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Mercury 7439-97-6 0.15 0.025 mg/l TCLP
Nickel 7440-02-0 3.98 11 mg/l TCLP
Selenium 7782-49-2 0.82 5.7 mg/l TCLP
Silver 7440-22-4 0.43 0.14 mg/l TCLP
Cyanide (Total)7 57-12-5 1.2 590
Cyanide (Amenable)7 57-12-5 0.86 30
Fluoride 16984-48-8 35 NA
K093 Distillation light ends from the Phthalic anhydride (measured as 100-21-0 0.055 28
production of phthalic anhydride from Phthalic acid or Terephthalic acid)
ortho-xylene.
Phthalic anhydride (measured as 85-44-9 0.055 28
Phthalic acid or Terephthalic acid)
K094 Distillation bottoms from the production Phthalic anhydride (measured as 100-21-0 0.055 28
of phthalic anhydride from ortho-xylene. Phthalic acid or Terephthalic acid)
Phthalic anhydride (measured as 85-44-9 0.055 28
Phthalic acid or Terephthalic acid)
K095 Distillation bottoms from the production Hexachloroethane 67-72-1 0.055 30
of 1,1,1-trichloroethane.

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Pentachloroethane 76-01-7 0.055 6.0
1,1,1,2-Tetrachloroethane 630-20-6 0.057 6.0
1,1,2,2-Tetrachloroethane 79-34-6 0.057 6.0
Tetrachloroethylene 127-18-4 0.056 6.0
1,1,2-Trichloroethane 79-00-5 0.054 6.0
Trichloroethylene 79-01-6 0.054 6.0
K096 Heavy ends from the heavy ends m-Dichlorobenzene 541-73-1 0.036 6.0
column from the production of
1,1,1-trichloroethane.
Pentachloroethane 76-01-7 0.055 6.0
1,1,1,2-Tetrachloroethane 630-20-6 0.057 6.0
1,1,2,2-Tetrachloroethane 79-34-6 0.057 6.0
Tetrachloroethylene 127-18-4 0.056 6.0
1,2,4-Trichlorobenzene 120-82-1 0.055 19
1,1,2-Trichloroethane 79-00-5 0.054 6.0
Trichloroethylene 79-01-6 0.054 6.0
K097 Vacuum stripper discharge from the Chlordane (alpha and gamma isomers) 57-74-9 0.0033 0.26
chlordane chlorinator in the production
of chlordane.
Heptachlor 76-44-8 0.0012 0.066
Heptachlor epoxide 1024-57-3 0.016 0.066
Hexachlorocyclopentadiene 77-47-4 0.057 2.4
K098 Untreated process wastewater from the Toxaphene 8001-35-2 0.0095 2.6
production of toxaphene.
K099 Untreated wastewater from the 2,4-Dichlorophenoxyacetic acid 94-75-7 0.72 10
production of 2,4-D.
HxCDDs (All Hexa- NA 0.000063 0.001
chlorodibenzo-p-dioxins)
HxCDFs (All hexa- NA 0.000063 0.001
chlorodibenzofurans)

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
PeCDDs (All penta- NA 0.000063 0.001
chlorodibenzo-p-dioxins)
PeCDFs (all Pentachlorodi- NA 0.000035 0.001
benzofurans)
TCDDs (All Tetrachloro- NA 0.000063 0.001
dibenzo-p-dioxins)
TCDFs (All Tetrachloro- dibenzofurans) NA 0.000063 0.001
K100 Waste leaching solution from acid Cadmium 7440-43-9 0.069 0.11 mg/l TCLP
leaching of emission control dust/sludge
from secondary lead smelting.
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Lead 7439-92-1 0.69 0.75 mg/l TCLP
K101 Distillation tar residues from the o-Nitroaniline 88-74-4 0.27 14
distillation of aniline-based compounds
in the production of veterinary
pharmaceuticals from arsenic or
organo-arsenic compounds.
Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
Cadmium 7440-43-9 0.69 NA
Lead 7439-92-1 0.69 NA
Mercury 7439-97-6 0.15 NA
K102 Residue from the use of activated o-Nitrophenol 88-75-5 0.028 13
carbon for decolorization in the
production of veterinary
pharmaceuticals from arsenic or
organo-arsenic compounds.
Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
Cadmium 7440-43-9 0.69 NA
Lead 7439-92-1 0.69 NA
Mercury 7439-97-6 0.15 NA
K103 Process residues from aniline extraction Aniline 62-53-3 0.81 14
from the production of aniline.
Benzene 71-43-2 0.14 10

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
2,4-Dinitrophenol 51-28-5 0.12 160
Nitrobenzene 98-95-3 0.068 14
Phenol 108-95-2 0.039 6.2
K104 Combined wastewater streams Aniline 62-53-3 0.81 14
generated from nitrobenzene/aniline
production.
Benzene 71-43-2 0.14 10
2,4-Dinitrophenol 51-28-5 0.12 160
Nitrobenzene 98-95-3 0.068 14
Phenol 108-95-2 0.039 6.2
Cyanides (Total)7 57-12-5 1.2 590
K105 Separated aqueous stream from the Benzene 71-43-2 0.14 10
reactor product washing step in the
production of chlorobenzenes.
Chlorobenzene 108-90-7 0.057 6.0
2-Chlorophenol 95-57-8 0.044 5.7
o-Dichlorobenzene 95-50-1 0.088 6.0
p-Dichlorobenzene 106-46-7 0.090 6.0
Phenol 108-95-2 0.039 6.2
2,4,5-Trichlorophenol 95-95-4 0.18 7.4
2,4,6-Trichlorophenol 88-06-2 0.035 7.4
K106 K106 (Wastewater treatment sludge Mercury 7439-97-6 NA RMERC
from the mercury cell process in
chlorine production.) Nonwastewaters
that contain greater than or equal to
260 mg/kg total mercury.
K106 (wastewater treatment sludge Mercury 7439-97-6 NA 0.20 mg/l TCLP
from the mercury cell process in
chlorine production.) Nonwastewaters
that contain less than 260 mg/kg total
mercury that are residues from RMERC.

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Other K106 nonwastewaters that Mercury 7439-97-6 NA 0.025 mg/l TCLP
contain less than 260 mg/kg total
mercury and are not residues from
All K106 wastewaters. Mercury 7439-97-6 0.15 NA
K107 Column bottoms from product NA NA CMBST; or CHOXD fb CARBN; CMBST
separation from the production of or BIODG fb CARBN
1,1-dimethylhydrazine (UDMH) from
carboxylic acid hydrazides.
K108 Condensed column overheads from NA NA CMBST; or CHOXD fb CARBN; CMBST
product separation and condensed or BIODG fb CARBN
reactor vent gases from the production
of 1,1-dimethylhydrazine (UDMH) from
carboxylic acid hydrazides.
K109 Spent filter cartridges from product NA NA CMBST; or CHOXD fb CARBN; CMBST
purification from the production of or BIODG fb CARBN
1,1-dimethyhydrazine (UDMH) from
carboxylic acid hydrazides.
K110 Condensed column overheads from NA NA CMBST; or CHOXD fb CARBN; CMBST
intermediate separation from the or BIODG fb CARBN
production of 1,1-dimethylhydrazine
(UDMH) from carboxylic acid
hydrazides.
K111 Product washwaters from the 2,4-Dinitrotoluene 121-14-2 0.32 140
production of dinitrotoluene via nitration
of toluene.
2,6-Dinitrotoluene 606-20-2 0.55 28
K112 Reaction byproduct water from the NA NA CMBST; or CHOXD fb CARBN; CMBST
drying column in the production of or BIODG fb CARBN
toluenediamine via hydrogenation of
dinitrotoluene.
K113 Condensed liquid light ends from the NA NA CARBN; or CMBST CMBST
purification of toluenediamine in the
production of toluenediamine via
hydrogenation of dinitrotoluene.
K114 Vicinals from the purification of NA NA CARBN; or CMBST CMBST
toluenediamine in the production of
toluenediamine via hydrogenation of
dinitrotoluene.

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
K115 Heavy ends from the purification of Nickel 7440-02-0 3.98 11 mg/l TCLP
toluenediamine in the production of
toluenediamine via hydrogenation of
dinitrotoluene.
NA NA CARBN; or CMBST CMBST
K116 Organic condensate from the solvent NA NA CARBN; or CMBST CMBST
recovery column in the production of
toluene diisocyanate via phosgenation
of toluenediamine.
K117 Wastewater from the reactor vent gas Methyl bromide (Bromomethane) 74-83-9 0.11 15
scrubber in the production of ethylene
dibromide via bromination of ethane.
Chloroform 67-63-3 0.046 6.0
Ethylene dibromide (1,2- 106-93-4 0.028 15
Dibromoethane)
K118 Spent absorbent solids from purification Methyl bromide (Bromomethane) 74-83-9 0.11 15
of ethylene dibromide in the production
of ethylene dibromide via bromination of
ethene.
Chloroform 67-66-3 0.046 6.0
Ethylene dibromide 106-93-4 0.028 15
(1,2-Dibromoethane)
K123 Process wastewater (including NA NA CMBST; or CHOXD fb (BIODG CMBST
supernates, filtrates, and washwaters) or CARBN)
from the production of
ethylenebisdithiocarbamic acid and its
salts.
K124 Reactor vent scrubber water from the NA NA CMBST; or CHOXD fb (BIODG CMBST
production of ethylenebisdithiocarbamic or CARBN)
acid and its salts.
K125 Filtration, evaporation, and NA Na CMBST; or CHOXD fb (BIODG CMBST
centrifugation solids from the production or CARBN)
of ethylenebisdithiocarbamic acid and
its salts.

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
K126 Baghouse dust and floor sweepings in NA NA CMBST; or CHOXD fb (BIODG CMBST
milling and packaging operations from or CARBN)
the production or formulation of
ethylenebisdithiocarbamic acid and its
salts.
K131 Wastewater from the reactor and spent Methyl bromide (Bromomethane) 74-83-9 0.11 15
sulfuric acid from the acid dryer from the
production of methyl bromide.
K132 Spent absorbent and wastewater Methyl bromide (Bromomethane) 74-83-9 0.11 15
separator solids from the production of
methyl bromide.
K136 Still bottoms from the purification of Methyl bromide (Bromomethane) 74-83-9 0.11 15
ethylene dibromide in the production of
ethylene dibromide via bromination of
ethene.
Chloroform 67-66-3 0.046 6.0
Ethylene dibromide 106-93-4 0.028 15
(1,2-Dibromoethane)
K141 Process residues from the recovery of Benzene 71-43-2 0.14 10
coal tar, including, but not limited to,
collecting sump residues from the
production of coke or the recovery of
coke byproducts produced from coal.
This listing does not include K087
(decanter tank tar sludge from coking
operations).
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(a)pyrene 50-2-8 0.061 3.4
Benzo(b)fluoranthene (difficult to 205-99-2 0.11 6.8
distinguish from benzo(k)fluoranthene)
Benzo(k)fluoranthene (difficult to 207-08-9 0.11 6.8
distinguish from benzo(b)fluoranthene)
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
K142 Tar storage tank residues from the Benzene 71-43-2 0.14 10
production of coke from coal or from the
recovery of coke byproducts produced
from coal.
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(a)pyrene 50-32-8 0.061 3.4
Benzo(b)fluoranthene (difficult to 205-99-2 0.11 6.8
distinguish from benzo(k)fluoranthene)
Benzo(k)fluoranthene (difficult to 207-08-9 0.11 6.8
distinguish from benzo(b)fluoranthene)
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4
K143 Process residues from the recovery of Benzene 71-43-2 0.14 10
light oil, including, but not limited to,
those generated in stills, decanters, and
wash oil recovery units from the
recovery of coke byproducts produced
from coal.
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(a)pyrene 50-32-8 0.061 3.4
Benzo(b)fluoranthene (difficult to 205-99-2 0.11 6.8
distinguish from benzo(k)fluoranthene)
Benzo(k)fluoranthene (difficult to 207-08-9 0.11 6.8
distinguish from benzo(b)fluoranthene)
Chrysene 218-01-9 0.059 3.4
K144 Wastewater sump residues from light oil Benzene 71-43-2 0.14 10
refining, including, but not limited to,
intercepting or contamination sump
sludges from the recovery of coke
byproducts produced from coal.
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(a)pyrene 50-32-8 0.061 3.4

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Benzo(b)fluoranthene (difficult to 205-99-2 0.11 6.8
distinguish from benzo(k)fluoranthene)
Benzo(k)fluoranthene (difficult to 207-08-9 0.11 6.8
distinguish from benzo(b)fluoranthene)
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
K145 Residues from naphthalene collection Benzene 71-43-2 0.14 10
and recovery operations from the
recovery of coke byproducts produced
from coal.
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(a)pyrene 50-32-8 0.061 3.4
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Naphthalene 91-20-3 0.059 5.6
K147 Tar storage tank residues from coal tar Benzene 71-43-2 0.14 10
refining.
Benz(a)anthracene 56-55-3 0.059 3.4
Benzo(a)pyrene 50-32-8 0.061 3.4
Benzo(b)fluoranthene (difficult to 205-99-2 0.11 6.8
distinguish from benzo(k)fluoranthene)
Benzo(k)fluoranthene (difficult to 207-08-9 0.11 6.8
distinguish from benzo(b)fluoranthene)
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4
K148 Residues from coal tar distillation, Benz(a)anthracene 56-55-3 0.059 3.4
including, but not limited to, still
bottoms.
Benzo(a)pyrene 50-32-8 0.061 3.4
Benzo(b)fluoranthene (difficult to 205-99-2 0.11 6.8
distinguish from benzo(k)fluoranthene)

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Benzo(k)fluoranthene (difficult to 207-08-9 0.11 6.8
distinguish from benzo(b)fluoranthene)
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4
K149 Distillation bottoms from the production Chlorobenzene 108-90-7 0.057 6.0
of alpha- (or methyl-) chlorinated
toluenes, ring-chlorinated toluenes,
benzoyl chlorides, and compounds with
mixtures of these functional groups.
(This waste does not include still
bottoms from the distillations of benzyl
chloride.)
Chloroform 67-66-3 0.046 6.0
Chloromethane 74-87-3 0.19 30
p-Dichlorobenzene 106-46-7 0.090 6.0
Hexachlorobenzene 118-74-1 0.055 10
Pentachlorobenzene 608-93-5 0.055 10
1,2,4,5-Tetrachlorobenzene 95-94-3 0.055 14
Toluene 108-88-3 0.080 10
K150 Organic residuals, excluding spent Carbon tetrachloride 56-23-5 0.057 6.0
carbon adsorbent, from the spent
chlorine gas and hydrochloric acid
recovery processes associated with the
production of alpha- (or methyl-)
chlorinated toluenes, ring-chlorinated
toluenes, benzoyl chlorides, and
compounds with mixtures of these
functional groups.
Chloroform 67-66-3 0.046 6.0
Chloromethane 74-87-3 0.19 30
p-Dichlorobenzene 106-46-7 0.090 6.0
Hexachlorobenzene 118-74-1 0.055 10
Pentachlorobenzene 608-93-5 0.055 10

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
1,2,4,5-Tetrachlorobenzene 95-94-3 0.055 14
1,1,2,2-Tetrachloroethane 79-34-5 0.057 6.0
Tetrachloroethylene 127-18-4 0.056 6.0
1,2,4-Trichlorobenzene 120-82-1 0.055 19
K151 Wastewater treatment sludges, Benzene 71-43-2 0.14 10
excluding neutralization and biological
sludges, generated during the treatment
of wastewaters from the production of
alpha- (or methyl-) chlorinated toluenes,
ring-chlorinated toluenes, benzoyl
chlorides, and compounds with mixtures
of these functional groups.
Carbon tetrachloride 56-23-5 0.057 6.0
Chloroform 67-66-3 0.046 6.0
Hexachlorobenzene 118-74-1 0.055 10
Pentachlorobenzene 608-93-5 0.055 10
1,2,4,5-Tetrachlorobenzene 95-94-3 0.055 14
Tetrachloroethylene 127-18-4 0.056 6.0
Toluene 108-88-3 0.080 10
K156 Organic waste (including heavy ends, Acetonitrile 75-05-8 5.6 1.8
still bottoms, light ends, spent solvents,
filtrates, and decantates) from the
production of carbamates and
carbamoyl oximes. (This listing does not
apply to wastes generated from the
manufacture of 3-iodo-2-propynyl
n-butylcarbamate.)
Acetophenone 98-86-2 0.010 9.7
Aniline 62-53-3 0.81 14
Benomyl10 17804-35-2 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
Benzene 71-43-2 0.14 10
Carbaryl10 63-25-21 0.006; or CMBST, CHOXD, 0.14; or CMBST
BIODG, or CARBN

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Carbenzadim10 10605-21-7 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
Carbofuran10 1563-66-2 0.006; or CMBST, CHOXD, 0.14; or CMBST
BIODG, or CARBN
Carbosulfan10 55285-14-8 0.028; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
Chlorobenzene 108-90-7 0.057 6.0
Chloroform 67-66-3 0.046 6.0
o-Dichlorobenzene 95-50-1 0.088 6.0
Methomyl10 16752-77-5 0.028; or CMBST, CHOXD, 0.14; or CMBST
BIODG, or CARBN
Methylene chloride 75-09-2 0.089 30
Methyl ethyl ketone 78-93-3 0.28 36
Naphthalene 91-20-3 0.059 5.6
Phenol 108-95-2 0.039 6.2
Pyridine 110-86-1 0.014 16
Toluene 108-88-3 0.080 10
Triethylamine 121-44-8 0.081; or CMBST, CHOXD, 1.5; or CMBST
BIODG, or CARBN
K157 Wastewaters (including scrubber Carbon tetrachloride 56-23-5 0.057 6.0
waters, condenser waters, washwaters,
and separation waters) from the
production of carbamates and
carbamoyl oximes. (This listing does not
apply to wastes generated from the
manufacture of 3-iodo-2-propynyl
n-butylcarbamate.)
Chloroform 67-66-3 0.046 6.0
Chloromethane 74-87-3 0.19 30
Methomyl10 16752-77-5 0.028; or CMBST, CHOXD, 0.14; or CMBST
BIODG, or CARBN
Methylene chloride 75-09-2 0.089 30
Methyl ethyl ketone 78-93-3 0.28 36

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Pyridine 110-86-1 0.014 16
Triethylamine 121-44-8 0.081; or CMBST, CHOXD, 1.5; or CMBST
BIODG, or CARBN
K158 Bag house dusts and filter/separation Benzene 71-43-2 0.14 10
solids from the production of
carbamates and carbamoyl oximes.
(This listing does not apply to wastes
generated from the manufacture of
3-iodo-2-propynyl n-butylcarbamate.)
Carbenzadim10 10605-21-7 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
Carbofuran10 1563-66-2 0.006; or CMBST, CHOXD, 0.14; or CMBST
BIODG, or CARBN
Carbosulfan10 55285-14-8 0.028; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
Chloroform 67-66-3 0.046 6.0
Methylene chloride 75-09-2 0.089 30
Phenol 108-95-2 0.039 6.2
K159 Organics from the treatment of Benzene 71-43-2 0.14 10
thiocarbamate wastes.
Butylate10 2008-41-5 0.042; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
EPTC (Eptam10) 759-94-4 0.042; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
Molinate10 2212-67-1 0.042; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
Pebulate10 1114-71-2 0.042; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
Vernolate10 1929-77-7 0.042; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
K161 Purification solids (including filtration, Antimony 7440-36-0 1.9 1.15 mg/l TCLP
evaporation, and centrifugation solids),
baghouse dust and floor sweepings,
from the production of dithiocarbamate
acids and their salts.

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
Carbon disulfide 75-15-0 3.8 4.8 mg/l TCLP
Dithiocarbamates (total)10 NA 0.028; or CMBST, CHOXD, 28; or CMBST
BIODG, or CARBN
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
Selenium 7782-49-2 0.82 5.7 mg/l TCLP
K169 Crude oil tank sediment from petroleum Benz(a)anthracene 56-55-3 0.059 3.4
refining operations.
Benzene 71-43-2 0.14 10
Benzo(g,h,i)perylene 191-24-2 0.0055 1.8
Chrysene 218-01-9 0.059 3.4
Ethyl benzene 100-41-4 0.057 10
Fluorene 86-73-7 0.059 3.4
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 81-05-8 0.059 5.6
Pyrene 129-00-0 0.067 8.2
Toluene (methyl benzene) 108-88-3 0.080 10
Xylene(s)(Total) 1330-20-7 0.32 30
K170 Clarified slurry oil sediment from Benz(a)anthracene 56-55-3 0.059 3.4
petroleum refining operations.
Benzene 71-43-2 0.14 10
Benzo(g,h,i)perylene 191-24-2 0.0055 1.8
Chrysene 218-01-9 0.059 3.4
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Ethyl benzene 100-41-4 0.057 10
Fluorene 86-73-7 0.059 3.4
Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4
Naphthalene 91-20-3 0.059 5.6

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Phenanthrene 81-05-8 0.059 5.6
Pyrene 129-00-0 0.067 8.2
Toluene (Methyl benzene) 108-88-3 0.080 10
Xylene(s)(Total) 1330-20-7 0.32 30
K171 Spent hydrotreating catalyst from Benz(a)anthracene 56-55-3 0.059 3.4
petroleum refining operations, including
guard beds used to desulfurize feeds to
other catalytic reactors (this listing does
not include inert support media).
Benzene 71-43-2 0.14 10
Chrysene 218-01-9 0.059 3.4
Ethyl benzene 100-41-4 0.057 10
Naphthalene 91-20-3 0.059 5.6
Phenanthrene 81-05-8 0.059 5.6
Pyrene 129-00-0 0.67 8.2
Toluene (Methyl benzene) 108-88-3 0.080 10
Xylene(s)(Total) 1330-20-7 0.32 30
Arsenic 7740-38-2 1.4 5 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
Vanadium 7440-62-2 4.3 1.6 mg/l TCLP
Reactive sulfides NA DEACT DEACT
K172 Spent hydrorefining catalyst from Benzene 71-43-2 0.14 10
petroleum refining operations, including
guard beds used to desulfurize feeds to
other catalytic reactors (this listing does
not include inert support media).
Ethyl benzene 100-41-4 0.57 10
Toluene (Methyl benzene) 108-88-3 0.080 10
Xylene(s)(Total) 1330-20-7 0.32 30
Antimony 7740-36-0 1.9 1.15 mg/l TCLP
Arsenic 7740-38-2 1.4 5 mg/l TCLP

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
Vanadium 7440-62-2 4.3 1.6 mg/l TCLP
Reactive sulfides NA DEACT DEACT
K174 Wastewater treatment sludges from the 1,2,3,4,6,7,8- 35822-46-9 0.000035 or CMBST11 0.0025 or CMBST11
production of ethylene dichloride or vinyl Heptachlorodibenzo-p-dioxin
chloride monomer. (1,2,3,4,6,7,8-HpCDD)
1,2,3,4,6,7,8- Heptacholordibenzofuran 67562-39-4 0.000035 or CMBST11 0.0025 or CMBST11
(1,2,3,4,6,7,8-HpCDF)
1,2,3,4,7,8,9- Heptachlorodibenzofuran 55673-89-7 0.000035 or CMBST11 0.0025 or CMBST11
(1,2,3,4,7,8,9-HpCDF)
HxCDDs (All 34465-46-8 0.000063 or CMBST11 0.001 or CMBST11
Hexachlorodibenzo-p-dioxins)
HxCDFs (All Hexachlorodibenzofurans) 55684-94-1 0.000063 or CMBST11 0.001 or CMBST11
1,2,3,4,6,7,8,9- 3268-87-9 0.000063 or CMBST11 0.005 or CMBST11
Octachlorodibenzo-p-dioxin (OCDD)
1,2,3,4,6,7,8,9- Octachlorodibenzofuran 39001-02-0 0.000063 or CMBST11 0.005 or CMBST11
PeCDDs (All 36088-22-9 0.000063 or CMBST11 0.001 or CMBST11
Pentachlorodibenzo-p-dioxins)
PeCDFs (All Pentachlorodibenzofurans) 30402-15-4 0.000035 or CMBST11 0.001 or CMBST11
TCDDs (All 41903-57-5 0.000063 or CMBST11 0.001 or CMBST11
Tetrachlorodibenzo-p-dioxins)
TCDFs (All Tetrachlorodibenzofurans) 55722-27-5 0.000063 or CMBST11 0.001 or CMBST11
Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
K175 Wastewater treatment sludge from the Mercury12 7438-97-6 NA 0.025 mg/l TCLP
production of vinyl chloride monomer
using mercuric chloride catalyst in an
acetylene-based process.
pH12 NA NA pH ≤ 6.0
All K175 wastewaters. Mercury 7438-97-6 0.15 NA

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
K176 Baghouse filters from the production of Antimony 7440-36-0 1.9 1.15 mg/l TCLP
antimony oxide, including filters from the
production of intermediates (for
example, antimony metal or crude
antimony oxide).
Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
Cadmium 7440-43-9 0.69 0.11 mg/l TCLP
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Mercury 7439-97-6 0.15 0.025 mg/l TCLP
K177 Slag from the production of antimony Antimony 7440-36-0 1.9 1.15 mg/l TCLP
oxide that is speculatively accumulated
or disposed, including slag from the
production of intermediates (for
example, antimony metal or crude
antimony oxide).
Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
Lead 7439-92-1 0.69 0.75 mg/l TCLP
K178 Residues from manufacturing and 1,2,3,4,6,7,8- 35822-39-4 0.000035 or CMBST11 0.0025 or CMBST11
manufacturing-site storage of ferric Heptachlorodibenzo-p-dioxin
chloride from acids formed during the (1,2,3,4,6,7,8-HpCDD)
production of titanium dioxide using the
chloride-ilmenite process.
1,2,3,4,6,7,8- Heptachlorodibenzofuran 67562-39-4 0.000035 or CMBST11 0.0025 or CMBST11
(1,2,3,4,6,7,8-HpCDF)
1,2,3,4,6,7,9- Heptachlorodibenzofuran 55673-89-7 0.000035 or CMBST11 0.0025 or CMBST11
(1,2,3,4,6,7,9-HpCDF)
HxCDDs (All 34465-46-8 0.000063 or CMBST11 0.001 or CMBST11
Hexachlorodibenzo-p-dioxins)
HxCDFs (All Hexachlorodibenzofurans) 55684-94-1 0.000063 or CMBST11 0.001 or CMBST11
1,2,3,4,6,7,8,9- 3268-87-9 0.000063 or CMBST11 0.005 or CMBST11
Octachlorodibenzo-p-dioxin (OCDD)
1,2,3,4,6,7,8,9- Octachlorodibenzofuran 39001-02-0 0.000063 or CMBST11 0.005 or CMBST11
PeCDDs (All 36088-22-9 0.000063 or CMBST11 0.001 or CMBST11
Pentachlorodibenzo-p-dioxins)

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
PeCDFs (All Pentachlorodibenzofurans) 30402-15-4 0.000035 or CMBST11 0.001 or CMBST11
TCDDs (All 41903-57-5 0.000063 or CMBST11 0.001 or CMBST11
Tetrachlorodibenzo-p-dioxins)
TCDFs (All Tetrachlorodibenzofurans) 55722-27-5 0.000063 or CMBST11 0.001 or CMBST11
Thallium 7440-28-0 1.4 0.20 mg/l TCLP
K181 Nonwastewaters from the production of Aniline 62-53-3 0.81 14
dyes or pigments, or both, (including
nonwastewaters commingled at the
point of generation with nonwastewaters
from other processes) that, at the point
of generation, contain mass loadings of
any of the constituents identified in
subsection 3 of section 33.1-24-02-17
that are equal to or greater than the
corresponding subsection 3 of section
a calendar year basis.
o-Anisidine (2-methoxyaniline) 90-04-0 0.010 0.66
4-Chloroaniline 106-47-8 0.46 16
p-Cresidine 120-71-8 0.010 0.66
2,4-Dimethylaniline (2,4-xylidine) 95-68-1 0.010 0.66
1,2-Phenylenediamine 95-54-5 CMBST; or CHOXD fb CMBST; or CHOXD fb
(BIODG or CARBN); (BIODG or CARBN);
or BIODG fb CARBN or BIODG fb CARBN
1,3-Phenylenediamine 108-45-2 0.010 0.66
P001 Warfarin, and salts, when present at Warfarin 81-81-2 (WETOX or CHOXD) fb CMBST
concentrations greater than 0.3 percent. CARBN; or CMBST
P002 1-Acetyl-2-thiourea 1-Acetyl-2-thiourea 591-08-2 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P003 Acrolein Acrolein 107-02-8 0.29 CMBST
P004 Aldrin Aldrin 309-00-2 0.021 0.066
P005 Allyl alcohol Allyl alcohol 107-18-6 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P006 Aluminum phosphide Aluminum phosphide 20859-73-8 CHOXD; CHRED; or CMBST CHOXD; CHRED; or

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
P007 5-Aminomethyl 3-isoxazolol 5-Aminomethyl 3-isoxazolol 2763-96-4 (WETOX or CHOXD) fb CMBST
CARBN: or CMBST
P008 4-Aminopyridine 4-Aminopyridine 504-24-5 (WETOX or CHOXD) fb CMBST
CARBN: or CMBST
P009 Ammonium picrate Ammomium picrate 131-74-8 CHOXD; CHRED; CARBN; CHOXD; CHRED; or
BIODG; or CMBST CMBST
P010 Arsenic acid Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
P011 Arsenic pentoxide Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
P012 Arsenic trioxide Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
P013 Barium cyanide Barium 7440-39-3 NA 21 mg/l TCLP
Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
P014 Thiophenol (Benzene thiol) Thiophenol (Benzene thiol) 108-98-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P015 Beryllium dust Beryllium 7440-41-7 RMETL; or RTHRM RMETL; or RTHRM
P016 Dichloromethyl ether Dichloromethyl ether 542-88-1 (WETOX or CHOXD) fb CMBST
(Bis(chloromethyl)ether) CARBN; or CMBST
P017 Bromoacetone Bromoacetone 598-31-2 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P018 Brucine Brucine 357-57-3 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P020 2-sec-Butyl-4,6-dinitrophenol (Dinoseb) 2-sec-Butyl-4,6-dinitrophenol (Dinoseb) 88-85-7 0.066 2.5
P021 Calcium cyanide Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
P022 Carbon disulfide Carbon disulfide 75-15-0 3.8 CMBST
Carbon disulfide; alternate6 standard for 75-15-0 NA 4.8 mg/l TCLP
nonwastewaters only
P023 Chloroacetaldehyde Chloroacetaldehyde 107-20-0 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P024 p-Chloroaniline p-Chloroaniline 106-47-8 0.46 16

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
P026 1-(o-Cholorphenyl)thiourea 1-(o-Cholorphenyl)thiourea 5344-82-1 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P027 3-Chloropropionitrile 3-Chloropropionitrile 542-76-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P028 Benzyl chloride Benzyl chloride 100-44-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P029 Copper cyanide Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
P030 Cyanides (soluble salts and complexes) Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
P031 Cyanogen Cyanogen 460-19-5 CHOXD; WETOX; or CMBST CHOXD; WETOX; or
P033 Cyanogen chloride Cyanogen chloride 506-77-4 CHOXD; WETOX; or CMBST CHOXD; WETOX; or
P034 2-Cyclohexly-4,6-dinitrophenol 2-Cyclohexly-4,6-dinitrophenol 131-89-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P036 Dichlorophenylarsine Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
P037 Dieldrin Dieldrin 60-57-1 0.017 0.13
P038 Diethylarine Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
P039 Disulfoton Disulfoton 298-04-4 0.017 6.2
P040 0,0-Diethyl O-pyrazinyl 0,0-Diethyl O-pyrazinyl 297-97-2 CARBN; or CMBST CMBST
phosphorothioate phosphorothioate
P041 Diethyl-p-nitrophenyl phosphate Diethyl-p-nitrophenyl phosphate 311-45-5 CARBN; or CMBST CMBST
P042 Epinephrine Epinephrine 51-43-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P043 Diisopropylfluorophosphate (DFP) Diisopropylfluorophosphate (DFP) 55-91-4 CARBN; or CMBST CMBST
P044 Dimethoate Dimethoate 60-51-5 CARBN; or CMBST CMBST
P045 Thiofanox Thiofanox 39196-18-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P046 Alpha, alpha-Dimethyl- alpha, alpha-Dimethyl- 122-09-8 (WETOX or CHOXD) fb CMBST
phenethylamine phenethylamine CARBN; or CMBST

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
P047 4,6-Dinitro-o-cresol 4,6-Dinitro-o-cresol 543-52-1 0.28 160
4,6-Dinitro-o-cresol salts NA NA (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P048 2,4-Dinitrophenol 2,4-Dinitrophenol 51-28-5 0.12 160
P049 Dithiobiuret Dithiobiuret 541-53-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P050 Endosulfan Endosulfan I 939-98-8 0.023 0.066
Endosulfan II 33213-6-5 0.029 0.13
Endosulfan sulfate 1031-07-8 0.029 0.13
P051 Endrin Endrin 72-20-8 0.0028 0.13
Endrin aldehyde 7421-93-4 0.025 0.13
P054 Aziridine Aziridine 151-56-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P056 Fluorine Fluoride (measured in wastewaters 16964-48-8 35 ADGAS fb NEUTR
only)
P057 Fluoroacetamide Fluoroacetamide 640-19-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P058 Fluoroacetic acid, sodium salt Fluoroacetic acid, sodium salt 62-74-8 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P059 Heptachlor Heptachlor 76-44-8 0.0012 0.066
Heptachlor epoxide 10234-57-3 0.016 0.066
P060 Isodrin Isodrin 465-73-6 0.021 0.066
P062 Hexaethyl tetraphosphate Hexaethyl tetraphosphate 757-58-4 CARBN; or CMBST CMBST
P063 Hydrogen cyanide Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
P064 Isocyanic acid, ethyl ester Isocyanic acid, ethyl ester 624-83-9 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P065 Mercury fulminate nonwastewaters, Mercury 7439-97-6 NA IMERC
regardless of their total mercury
content, that are not incinerator
residues or are not residues from

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Mercury fulminate nonwastewaters that Mercury 7339-97-6 NA RMERC
are either incinerator residues or are
residues from RMERC; and contain
greater than or equal to 260 mg/kg total
mercury.
Mercury fulminate nonwastewaters that Mercury 7439-97-6 NA 0.20 mg/l TCLP
are residues from RMERC and contain
less than 260 mg/kg total mercury.
Mercury fulminate nonwastewaters that Mercury 7439-97-6 NA 0.025 mg/l TCLP
are incinerator residues and contain
less than 260 mg/kg total mercury.
All mercury fulminate wastewaters. Mercury 7439-97-6 0.15 NA
P066 Methomyl Methomyl 16752-77-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P067 2-Methyl-aziridine 2-Methyl-aziridine 75-55-8 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P068 Methyl hydrazine Methyl hydrazine 60-34-4 CHOXD; CHRED; CARBN; CHOXD; CHRED, OR
BIODG; or CMBST CMBST
P069 2-Methyllactonitrile 2-Methyllactonitrile 75-86-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P070 Aldicarb Aldicarb 116-06-3 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P071 Methyl parathion Methyl parathion 298-00-0 0.014 4.6
P072 1-Naphthyl-2-thiourea 1-Naphthyl-2-thiourea 86-88-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P073 Nickel carbonyl Nickel 7440-02-0 3.98 11.0 mg/l TCLP
P074 Nickel-cyanide Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
P075 Nicotine and salts Nicotine and salts 54-11-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P076 Nitric oxide Nitric oxide 10102-43-9 ADGAS ADGAS
P077 p-Nitroaniline p-Nitroaniline 100-01-6 0.028 28

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
P078 Nitrogen dioxide Nitrogen dioxide 10102-44-0 ADGAS ADGAS
P081 Nitroglycerin Nitroglycerin 55-63-0 CHOXD; CHRED; CARBN; CHOXD; CHRED; or
BIODG or CMBST CMBST
P082 N-Nitrosodimethylamine N-Nitrosodimethylamine 62-75-9 0.40 2.3
P084 N-Nitrosomethylvinylamine N-Nitrosomethylvinylamine 4549-40-0 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P085 Octamethylpyrophosphoramide Octamethylpyrophosphoramide 152-16-9 CARBN; or CMBST CMBST
P087 Osmium tetroxide Osmium tetroxide 20816-12-0 RMETL; or RTHRM RMETL; or RTHRM
P088 Endothall Endothall 145-73-3 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P089 Parathion Parathion 56-38-2 0.014 4.6
P092 Phenyl mercuric acetate Mercury 7439-97-6 NA IMERC; or RMERC
nonwastewaters, regardless of their
total mercury content, that are not
incinerator residues or are not residues
from RMERC.
Phenyl mercuric acetate Mercury 7439-97-6 NA RMERC
nonwastewaters that are either
incinerator residues or are residues
from RMERC; and still contain greater
than or equal to 260 mg/kg total
mercury.
Phenyl mercuric acetate Mercury 7439-97-6 NA 0.20 mg/l TCLP
nonwastewaters that are residues from
RMERC and contain less than
160 mg/kg total mercury.
Phenyl mercuric acetate Mercury 7439-97-6 NA 0.025 mg/l TCLP
nonwastewaters that are incinerator
residues and contain less than
260 mg/kg total mercury.
All phenyl mercuric acetate Mercury 7439-97-6 0.15 NA
wastewaters.
P093 Phenylthiourea Phenylthiourea 103-85-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P094 Phorate Phorate 298-02-2 0.021 4.6

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
P095 Phosgene Phosgene 75-44-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P096 Phosphine Phosphine 7803-51-2 CHOXD; CHRED; or CMBST CHOXD; CHRED; or
P097 Famphur Famphur 52-85-7 0.017 15
P098 Postassium cyanide Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
P099 Potassium silver cyanide Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
Silver 7440-22-4 0.43 0.14 mg/l TCLP
P101 Ethyl cyanide (Propanenitrile) Ethyl cyanide (Propanenitrile) 107-12-0 0.24 360
P102 Propargyl alcohol Propargyl alcohol 107-19-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P103 Selenourea Selenium 7782-49-2 0.82 5.7 mg/l TCLP
P104 Silver cyanide Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
Silver 7440-22-4 0.43 0.14 mg/l TCLP
P105 Sodium azide Sodium azide 26628-22-8 CHOXD; CHRED; CARBN; CHOXD; CHRED; or
BIODG; or CMBST CMBST
P106 Sodium cyanide Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
P108 Strychnine and salts Strychnine and salts 57-24-9 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P109 Tetraethyldithiopyrophosphate Tetraethyl- dithiopyrophosphate 3689-24-5 CARBN; or CMBST CMBST
P110 Tetraethyl lead Lead 7439-92-1 0.69 0.75 mg/l TCLP
P111 Tetraethylpyrophosphate Tetraethylpyrophosphate 107-49-3 CARBN; or CMBST CMBST
P112 Tetranitromethane Tetranitromethane 509-14-8 CHOXD; CHRED; CARBN; CHOXD; CHRED; or
BIODG; or CMBST CMBST
P113 Thallic oxide Thallium (measured in wastewaters 7440-28-0 1.4 RTHRM; or STABL
only)

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
P114 Thallium selenite Selenium 7782-49-2 0.82 5.7 mg/l TCLP
P115 Thallium (l) sulfate Thallium (measured in wastewaters 7440-28-0 1.4 RTHRM; or STABL
only)
P116 Thiosemicarbazide Thiosemicarbazide 79-19-6 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P118 Trichloromethanethiol Trichloromethanethiol 75-70-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
P119 Ammonium vanadate Vanadium (measured in wastewaters 7440-62-2 4.3 STABL
only)
P120 Vanadium pentoxide Vanadium (measured in wastewaters 7440-62-2 4.3 STABL
only)
P121 Zinc cyanide Cyanides (Total)7 57-12-5 1.2 590
Cyanides (Amenable)7 57-12-5 0.86 30
P122 Zinc phosphide ZnP, when present at Zinc Phosphide 1314-84-7 CHOXD; CHRED; or CMBST CHOXD; CHRED; or
3 2
concentrations greater than 10 percent. CMBST
P123 Toxaphene Toxaphene 8001-35-2 0.0095 2.6
P127 Carbofuran10 Carbofuran 1563-66-2 0.006; or CMBST, CHOXD, 0.14; or CMBST
BIODG, or CARBN
P128 Mexacarbate10 Mexacarbate 315-18-4 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
P185 Tirpate10 Tirpate 26419-73-8 0.056; or CMBST, CHOXD, 0.28; or CMBST
BIODG, or CARBN
P188 Physostigimine salicylate10 Physostigmine salicylate 57-64-7 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
P189 Carbosulfan10 Carbosulfan 55285-14-8 0.028; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
P190 Metolcarb10 Metolcarb 1129-41-5 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
P191 Dimetilan10 Dimetilan 644-64-4 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
P192 Isolan10 Isolan 119-38-0 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
P194 Oxamyl10 Oxamyl 23135-22-0 0.056; or CMBST, CHOXD, 0.28; or CMBST
BIODG, or CARBN
P196 Manganese dimethyldithio-carbamate10 Dithiocarbamates (total) NA 0.028; or CMBST, CHOXD, 28; or CMBST
BIODG, or CARBN
P197 Formparanate10 Formparanate 17702-57-7 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
P198 Formetanate hydrochloride10 Formetanate hydrochloride 23422-53-9 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
P199 Methiocarb10 Methiocarb 2032-65-7 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
P201 Promecarb10 Promecarb 2631-37-0 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
P202 m-Cumenyl methylcarbamate10 m-Cumenyl methylcarbamate 64-00-6 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
P203 Aldicarb sulfone10 Aldicarb sulfone 1646-88-4 0.056; or CMBST, CHOXD, 0.28; or CMBST
BIODG, or CARBN
P204 Physostigmine10 Physostigmine 57-47-6 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
P205 Ziram10 Dithiocarbamates (total) NA 0.028; or CMBST, CHOXD, 28; or CMBST
BIODG, or CARBN
U001 Acetaldehyde Acetaldehyde 75-07-0 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U002 Acetone Acetone 67-64-1 0.28 160
U003 Acetonitrile Acetonitrile 75-05-8 5.6 CMBST
Acetonitrile; alternate6 standard for 75-05-8 NA 38
nonwastewaters only
U004 Acetophenone Acetophenone 98-86-2 0.010 9.7
U005 2-Acetylaminofluorene 2-Acetylaminofluorene 53-96-3 0.059 140
U006 Acetyl chloride Acetyl Chloride 75-36-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U007 Acrylamide Acrylamide 79-06-1 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
U008 Acrylic acid Acrylic acid 79-10-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U009 Acrylonitrile Acrylonitrile 107-13-1 0.24 84
U010 Mitomycin C Mitomycin C 50-07-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U011 Amitrole Amitrole 61-82-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U012 Aniline Aniline 62-53-3 0.81 14
U014 Auramine Auramine 492-80-8 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U015 Azaserine Azaserine 115-02-6 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U016 Benz(c)acridine Benz(c)acridine 225-51-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U017 Benzal chloride Benzal chloride 98-87-3 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U018 Benz(a)anthracene Benz(a)anthracene 56-55-3 0.059 3.4
U019 Benzene Benzene 71-43-2 0.14 10
U020 Benzenesulfonyl chloride Benzenesulfonyl chloride 98-09-9 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U021 Benzidine Benzidine 92-87-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U022 Benzo(a)pyrene Benzo(a)pyrene 50-32-8 0.061 3.4
U023 Benzotrichloride Benzotrichloride 98-07-7 CHOXD; CHRED; CARBN; CHOXD; CHRED; or
BIODG; or CMBST CMBST
U024 bis(2-Chloroethoxy)methane bis(2-Chloroethoxy)methane 111-91-1 0.036 7.2
U025 bis(2-Chloroethyl)ether bis(2-Chloroethyl)ether 111-44-4 0.033 6.0
U026 Chlornaphazine Chlornaphazine 494-03-1 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U027 bis(2-Chloroisopropyl)ether bis(2-Chloroisopropyl)ether 39638-32-9 0.055 7.2
U028 bis(2-Ethylhexyl)phthalate bis(2-Ethylhexyl)phthalate 117-81-7 0.28 28
U029 Methyl bromide (Bromomethane) Methyl bromide (Bromomethane) 74-89-9 0.11 15

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
U030 4-Bromophenyl phenyl ether 4-Bromophenyl phenyl ether 101-55-3 0.055 15
U031 n-Butyl alcohol n-Butyl alcohol 71-36-3 5.6 2.6
U032 Calcium chromate Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
U033 Carbon oxyfluoride Carbon oxyfluoride 353-50-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U034 Trichloroacetaldehyde (Chloral) Trichloroacetaldehyde (Chloral) 75-87-6 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U035 Chlorambucil Chlorambucil 305-03-3 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U036 Chlordane Chlordane (alpha and gamma isomers) 57-74-9 0.0033 0.26
U037 Chlorobenzene Chlorobenzene 108-90-7 0.057 6.0
U038 Chlorobenzilate Chlorobenzilate 510-15-6 0.10 CMBST
U039 p-Chloro-m-cresol p-Chloro-m-cresol 59-50-7 0.018 14
U041 Epichlorohydrin Epichlorohydrin (1-Chloro- 106-89-8 (WETOX or CHOXD) fb CMBST
(1-Chloro-2,3-epoxypropane) 2,3-epoxypropane) CARBN; or CMBST
U042 2-Chloroethyl vinyl ether 2-Chloroethyl vinyl ether 110-75-8 0.062 CMBST
U043 Vinyl chloride Vinyl chloride 75-01-4 0.27 6.0
U044 Chloroform Chloroform 67-66-3 0.046 6.0
U045 Chloromethane (Methyl chloride) Chloromethane (Methyl chloride) 74-87-3 0.19 30
U046 Chloromethyl methyl ether Chloromethyl methyl ether 107-30-2 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U047 2-Chloronaphthalene 2-Chloronaphthalene 91-58-7 0.055 5.6
U048 2-Chlorophenol 2-Chlorophenol 95-57-8 0.044 5.7
U049 4-Chloro-o-toluidine hydrochloride 4-Chloro-o-toluidine hydrochloride 3165-93-3 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U050 Chrysene Chrysene 218-01-9 0.059 3.4
U051 Creosote Naphthalene 91-20-3 0.059 5.6
Pentachlorophenol 87-86-5 0.089 7.4
Phenanthrene 85-01-8 0.059 5.6
Pyrene 129-00-0 0.067 8.2

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
Toluene 108-88-3 0.080 10
Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
Lead 7439-92-1 0.69 0.75 mg/l TCLP
U052 Cresols (Cresylic acid) o-Cresol 95-48-7 0.11 5.6
m-Cresol (difficult to distinguish from 108-39-4 0.77 5.6
p-cresol)
p-Cresol (difficult to distinguish from 106-44-5 0.77 5.6
m-cresol)
Cresol-mixed isomers (Cresylic acid) 1319-77-3 0.88 11.2
(sum of o-, m-, and p-cresol
concentrations)
U053 Crotonaldehyde Crotonaldehyde 4170-30-3 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U055 Cumene Cumene 98-82-8 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U056 Cyclohexane Cyclohexane 110-82-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U057 Cyclohexanone Cyclohexanone 108-94-1 0.36 CMBST
Cyclohexanone; alternate6 standard for 108-94-1 NA 0.75 mg/l TCLP
nonwastewaters only
U058 Cyclophosphamide Cyclophosphamide 50-18-0 CARBN; or CMBST CMBST
U059 Daunomycin Daunomycin 20830-81-3 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U060 DDD o,p'-DDD 53-19-0 0.023 0.087
p,p'-DDD 72-54-8 0.023 0.087
U061 DDT o,p'-DDT 789-02-6 0.0039 0.087
p,p'-DDT 50-29-3 0.0039 0.087
o,p'-DDD 53-19-0 0.023 0.087
p,p'-DDD 72-54-8 0.023 0.087
o,p'-DDE 3424-82-6 0.031 0.087

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
p,p'-DDE 72-55-9 0.031 0.087
U062 Diallate Diallate 2303-16-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U063 Dibenz(a,h)anthracene Dibenz(a,h)anthracene 53-70-3 0.055 8.2
U064 Dibenz(a,i)pyrene Dibenz(a,i)pyrene 189-55-9 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U066 1,2-Dibromo-3-chloropropane 1,2-Dibromo-3-chloropropane 96-12-8 0.11 15
U067 Ethylene dibromide Ethylene dibromide 106-93-4 0.028 15
(1,2-Dibromoethane) (1,2-Dibromoethane)
U068 Dibromomethane Dibromomethane 74-95-3 0.11 15
U069 Di-n-butyl phthalate Di-n-butyl phthalate 84-74-2 0.057 28
U070 o-Dichlorobenzene o-Dichlorobenzene 95-50-1 0.088 6.0
U071 m-Dichlorobenzene m-Dichlorobenzene 541-73-1 0.036 6.0
U072 p-Dichlorobenzene p-Dichlorobenzene 106-46-7 0.090 6.0
U073 3,3'-Dichlorobenzidine 3,3'-Dichlorobenzidine 91-94-1 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U074 1,4-Dichloro-2-butene cis-1,4-Dichloro-2-butene 1476-11-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
trans-1,4-Dichloro-2-butene 764-41-0 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U075 Dichlorodifluoromethane Dichlorodifluoromethane 75-71-8 0.23 7.2
U076 1,1-Dichloroethane 1,1-Dichloroethane 75-34-3 0.059 6.0
U077 1,2-Dichloroethane 1,2-Dichloroethane 107-06-2 0.21 6.0
U078 1,1-Dichloroethylene 1,1-Dichloroethylene 75-35-4 0.025 6.0
U079 1,2-Dichloroethylene trans-1,2-Dichloroethylene 156-60-5 0.054 30
U080 Methylene chloride Methylene chloride 75-09-2 0.089 30
U081 2,4-Dichlorophenol 2,4-Dichlorophenol 120-83-2 0.044 14
U082 2,6-Dichlorophenol 2,6-Dichlorophenol 87-65-0 0.044 14
U083 1,2-Dichloropropane 1,2-Dichloropropane 78-87-5 0.85 18
U084 1,3-Dichloropropylene cis-1,3-Dichloropropylene 10061-01-5 0.036 18

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
trans-1,3-Dichloropropylene 10061-02-6 0.036 18
U085 1,2:3,4-Diepoxybutane 1,2:3,4-Diepoxybutane 1464-53-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U086 N,N'-Diethylhydrazine N,N'-Diethylhydrazine 1615-80-1 CHOXD; CHRED; CARBN; CHOXD; CHRED; or
BIODG; or CMBST CMBST
U087 O,O-Diethyl S-methyldithiophosphate O,O-Diethyl S-methyldithiophosphate 3288-58-2 CARBN; CMBST CMBST
U088 Diethyl phthalate Diethyl phthalate 84-66-2 0.20 28
U089 Diethyl stilbestrol Diethyl stilbestrol 56-53-1 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U090 Dihydrosafrole Dihydrosafrole 94-58-6 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U091 3,3'-Dimethoxybenzidine 3,3'-Dimethoxybenzidine 119-90-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U092 Dimethylamine Dimethylamine 124-40-3 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U093 p-Dimethylaminoazobenzene p-Dimethylaminoazobenzene 60-11-7 0.13 CMBST
U094 7,12-Dimethylibenz(a)anthracene 7,12-Dimethylbenz(a) 57-97-6 (WETOX or CHOXD) fb CMBST
anthracene CARBN; or CMBST
U095 3,3'-Dimethylbenzidine 3,3'-Dimethylbenzidine 119-93-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U096 alpha, alpha-Dimethyl benzyl alpha, alpha-Dimethyl benzyl 80-15-9 CHOXD; CHRED; CARBN; CHOXD; CHRED: or
hydroperoxide hydroperoxide BIODG; OR CMBST CMBST
U097 Dimethylcarbamoyl chloride Dimethylcarbamoyl chloride 79-44-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U098 1,1-Dimethylhydrazine 1,1-Dimethylhydrazine 57-14-7 CHOXD; CHRED; CARBN; CHOXD; CHRED; or
U099 1,2-Dimethylhydrazine 1,2-Dimethylhydrazine 540-73-8 CHOXD; CHRED; CARBN; CHOXD; CHRED; or
U101 2,4-Dimethylphenol 2,4-Dimethylphenol 105-67-9 0.036 14
U102 Dimethyl phthalate Dimethyl phthalate 131-11-3 0.047 28
U103 Dimethyl sulfate Dimethyl sulfate 77-78-1 CHOXD; CHRED; CARBN; CHOXD; CHRED; or
U105 2,4-Dinitrotoluene 2,4-Dinitrotoluene 121-14-2 0.32 140

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
U106 2,6-Dinitrotoluene 2,6-Dinitrotoluene 606-20-2 0.55 28
U107 Di-n-octyl phthalate Di-n-octyl phthalate 117-84-0 0.017 28
U108 1,4-Dioxane 1,4-Dioxane 123-91-1 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
1,4-Dioxane; alternate6 standard for 123-91-1 12.0 170
nonwastewaters only
U109 1,2-Diphenylhydrazine 1,2-Diphenylhydrazine 122-66-7 CHOXD; CHRED; CARBN; CHOXD; CHRED; or
1,2-Diphenylhydrazine; alternate6 122-66-7 0.087 NA
standard for wastewaters only
U110 Dipropylamine Dipropylamine 142-84-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U111 Di-n-propylnitrosamine Di-n-propylnitrosamine 621-64-7 0.40 14
U112 Ethyl acetate Ethyl acetate 141-78-6 0.34 33
U113 Ethyl acrylate Ethyl acrylate 140-88-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U114 Ethylenebisdithiocarbamic acid salts Ethylenebisdithiocarbamic acid 111-54-6 (WETOX or CHOXD) fb CMBST
and esters CARBN; or CMBST
U115 Ethylene oxide Ethylene oxide 75-21-8 (WETOX or CHOXD) fb CHOXD; or CMBST
CARBN; or CMBST
Ethylene oxide; alternate6 standard for 75-21-8 0.12 NA
wastewaters only
U116 Ethylene thiourea Ethylene thiourea 96-45-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U117 Ethyl ether Ethyl ether 60-29-7 0.12 160
U118 Ethyl methacrylate Ethyl methacrylate 97-63-2 0.14 160
U119 Ethyl methane sulfonate Ethyl methane sulfonate 62-50-0 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U120 Fluoranthene Fluoranthene 206-44-0 0.068 3.4
U121 Trichloromonofluoromethane Trichloromonofluoromethane 75-69-4 0.020 30
U122 Formaldehyde Formaldehyde 50-00-0 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
U123 Formic acid Formic acid 64-18-6 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U124 Furan Furan 110-00-9 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U125 Furfural Furfural 98-01-1 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U126 Glycidylaldehyde Glycidylaldehyde 765-34-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U127 Hexachlorobenzene Hexachlorobenzene 118-74-1 0.055 10
U128 Hexachlorobutadiene Hexachlorobutadiene 87-68-3 0.055 5.6
U129 Lindane alpha-BHC 319-84-6 0.00014 0.066
beta-BHC 319-85-7 0.00014 0.066
delta-BHC 319-86-8 0.023 0.066
gamma-BHC (Lindane) 58-89-9 0.0017 0.066
U130 Hexachlorocyclopentadiene Hexachlorocyclopentadiene 77-47-4 0.057 2.4
U131 Hexachloroethane Hexachloroethane 67-72-1 0.055 30
U132 Hexachlorophene Hexachlorophene 70-30-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U133 Hydrazine Hydrazine 302-01-2 CHOXD; CHRED; CARBN; CHOXD; CHRED; or
BIODG; or CMBST CMBST
U134 Hydrogen fluoride Fluoride (measured in wastewaters 7664-39-3 35 ADGAS fb NEUTR; or
only) NEUTR
U135 Hydrogen Sulfide Hydrogen Sulfide 7783-06-4 CHOXD; CHRED; or CMBST CHOXD; CHRED; or
U136 Cacodylic acid Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
U137 Indeno(1,2,3-cd)pyrene Indeno(1,2,3-cd)pyrene 193-39-5 0.0055 3.4
U138 Iodomethane Iodomethane 74-88-4 0.19 65
U140 Isobutyl alcohol Isobutyl alcohol 78-83-1 5.6 170
U141 Isosafrole Isosafrole 120-58-1 0.081 2.6
U142 Kepone Kepone 143-50-8 0.0011 0.13

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
U143 Lasiocarpine Lasiocarpine 303-34-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U144 Lead acetate Lead 7439-92-1 0.69 0.75 mg/l TCLP
U145 Lead phosphate Lead 7439-92-1 0.69 0.75 mg/l TCLP
U146 Lead subacetate Lead 7439-92-1 0.69 0.75 mg/l TCLP
U147 Maleic anhydride Maleic anhydride 108-31-6 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U148 Maleic hydrazide Maleic hydrazide 123-33-1 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U149 Malononitrile Malononitrile 109-77-3 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U150 Melphalan Melphalan 148-82-3 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U151 U151 (mercury) nonwastewaters that Mercury 7439-97-6 NA RMERC
contain greater than or equal to
260 mg/kg total mercury.
U151 (mercury) nonwastewaters that Mercury 7439-97-6 NA 0.20 mg/l TCLP
contain less than 260 mg/kg total
mercury and that are residues from
RMERC only.
U151 (mercury) nonwastewaters that Mercury 7439-97-6 NA 0.025 mg/l TCLP
contain less than 260 mg/kg total
mercury and that are not residues from
All U151 (mercury) wastewaters. Mercury 7439-97-6 0.15 NA
Elemental mercury contaminated with Mercury 7439-97-6 NA AMLGM
radioactive materials.
U152 Methacrylonitrile Methacrylonitrile 126-98-7 0.24 84
U153 Methanethiol Methanethiol 74-93-1 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U154 Methanol Methanol 67-56-1 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
Methanol, alternate6 set of standards for 67-56-1 5.6 0.75 mg/l TCLP
both wastewaters and nonwastewaters

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
U155 Methapyrilene Methapyrilene 91-80-5 0.081 1.5
U156 Methyl chlorocarbonate Methyl chlorocarbonate 79-22-1 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U157 3-Methylcholanthrene 3-Methylcholanthrene 56-49-5 0.0055 15
U158 4,4'-Methylene bis(2-chloroaniline) 4,4'-Methylene bis(2-chloroaniline) 101-14-4 0.50 30
U159 Methyl ethyl ketone Methyl ethyl ketone 78-93-3 0.28 36
U160 Methyl ethyl ketone peroxide Methyl ethyl ketone peroxide 1338-23-4 CHOXD; CHRED; CARBN; CHOXD; CHRED; or
BIODG; or CMBST CMBST
U161 Methyl isobutyl ketone Methyl isobutyl ketone 108-10-1 0.14 33
U162 Methyl methacrylate Methyl methacrylate 80-62-6 0.14 160
U163 N-Methyl N'-nitro N-nitrosoguanidine N-Methyl N'-nitro N-nitrosoguanidine 70-25-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U164 Methylthiouracil Methylthiouracil 56-04-2 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U165 Naphthalene Naphthalene 91-20-3 0.059 5.6
U166 1,4-Naphthoquinone 1,4-Naphthoquinone 130-15-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U167 1-Naphthlyamine 1-Naphthlyamine 134-32-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U168 2-Naphthlyamine 2-Naphthlyamine 91-59-8 0.52 CMBST
U169 Nitrobenzene Nitrobenzene 98-95-3 0.068 14
U170 p-Nitrophenol p-Nitrophenol 100-02-7 0.12 29
U171 2-Nitropropane 2-Nitropropane 79-46-9 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U172 N-Nitrosodi-n-butylamine N-Nitrosodi-n-butylamine 924-16-3 0.40 17
U173 N-Nitrosodiethanolamine N-Nitrosodiethanolamine 1116-54-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U174 N-Nitrosodiethylamine N-Nitrosodiethylamine 55-18-5 0.40 28
U176 N-Nitroso-N-ethylurea N-Nitroso-N-ethylurea 759-73-9 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
U177 N-Nitroso-N-methylurea N-Nitroso-N-methylurea 684-93-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U178 N-Nitroso-N-methylurethane N-Nitroso-N-methylurethane 615-53-2 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U179 N-Nitrosopiperidine N-Nitrosopiperidine 100-75-4 0.013 35
U180 N-Nitrosopyrrolidine N-Nitrosopyrrolidine 93-55-2 0.013 35
U181 5-Nitro-o-toluidine 5-Nitro-o-toluidine 99-55-8 0.32 28
U182 Paraldehyde Paraldehyde 123-63-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U183 Pentachlorobenzene Pentachlorobenzene 608-93-5 0.055 10
U184 Pentachloroethane Pentachloroethane 76-01-7 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
Pentachloroethane; alternate6 standards 76-01-7 0.055 6.0
for both wastewaters and
nonwastewaters
U185 Pentachloronitrobenzene Pentachloronitrobenzene 82-68-8 0.055 4.8
U186 1,3-Pentadiene 1,3-Pentadiene 504-60-9 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U187 Phenacetin Phenacetin 62-44-2 0.081 16
U188 Phenol Phenol 108-95-2 0.039 6.2
U189 Phosphorus sulfide Phosphorus sulfide 1314-80-3 CHOXD; CHRED; or CMBST CHOXD; CHRED; or
U190 Phthalic anhydride (measured as Phthalic anhydride (measured as 100-21-0 0.055 28
phthalic acid or terephthalic acid). phthalic acid or terephthalic acid)
Phthalic anhydride 85-44-9 0.055 28
U191 2-Picoline 2-Picoline 109-06-8 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U192 Pronamide Pronamide 23950-58-5 0.093 1.5
U193 1,3-Propane sultone 1,3-Propane sultone 1120-71-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U194 n-Propylamine n-Propylamine 107-10-8 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
U196 Pyridine Pyridine 110-86-1 0.014 16
U197 p-Benzoquinone p-Benzoquinone 106-51-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U200 Reserpine Reserpine 50-55-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U201 Resorcinol Resorcinol 108-46-3 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U203 Safrole Safrole 94-59-7 0.081 22
U204 Selenium dioxide Selenium 7782-49-2 0.82 5.7 mg/l TCLP
U205 Selenium sulfide Selenium 7782-49-2 0.82 5.7 mg/l TCLP
U206 Streptozotocin Streptozotocin 18883-66-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U207 1,2,4,5-Tetrachlorobenzene 1,2,4,5-Tetrachlorobenzene 95-94-3 0.055 14
U208 1,1,1,2-Tetrachloroethane 1,1,1,2-Tetrachloroethane 630-20-6 0.057 6.0
U209 1,1,2,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane 79-34-5 0.057 6.0
U210 Tetrachloroethylene Tetrachloroethylene 127-18-4 0.056 6.0
U211 Carbon tetrachloride Carbon tetrachloride 56-23-5 0.057 6.0
U213 Tetrahydrofuran Tetrahydrofuran 109-99-9 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U214 Thallium (l) acetate Thallium (measured in wastewaters 7440-28-0 1.4 RTHRM; or STABL
only)
U215 Thallium (l) carbonate Thallium (measured in wastewaters 7440-28-0 1.4 RTHRM; or STABL
only)
U216 Thallium (l) chloride Thallium (measured in wastewaters 7440-28-0 1.4 RTHRM; or STABL
only)
U217 Thallium (l) nitrate Thallium (measured in wastewaters 7440-28-0 1.4 RTHRM; or STABL
only)
U218 Thioacetamide Thioacetamide 62-55-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U219 Thiourea Thiourea 62-56-6 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U220 Toluene Toluene 108-88-3 0.080 10

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
U221 Toluenediamine Toluenediamine 25376-45-8 CARBN; or CMBST CMBST
U222 o-Toluidine hydrochloride o-Toluidine hydrochloride 636-21-5 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U223 Toluene diisocyanate Toluene diisocyanate 26471-62-5 CARBN; or CMBST CMBST
U225 Bromoform (Tribromomethane) Bromoform 75-25-2 0.63 15
(Tribromomethane)
U226 1,1,1-Trichloroethane 1,1,1-Trichloroethane 71-55-6 0.054 6.0
U227 1,1,2-Trichloroethane 1,1,2-Trichloroethane 79-00-5 0.054 6.0
U228 Trichloroethylene Trichloroethylene 79-01-6 0.054 6.0
U234 1,3,5-Trinitrobenzene 1,3,5-Trinitrobenzene 99-35-4 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U235 tris-(2,3-Dibromopropyl)-phosphate tris-(2,3-Dibromopropyl)- 126-72-7 0.11 0.10
phosphate
U236 Trypan Blue Trypan Blue 72-57-1 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U237 Uracil mustard Uracil mustard 66-75-1 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U238 Urethane (Ethyl carbamate) Urethane (Ethyl carbamate) 51-79-6 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U239 Xylenes Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
U240 2,4-D (2,4-Dichlorophenoxyacetic acid) 2,4-D (2,4-Dichlorophenoxyacetic acid) 94-75-7 0.72 10
2,4-D (2,4-Dichlorophenoxyacetic acid) NA (WETOX or CHOXD) fb CMBST
salts and esters CARBN; or CMBST
U243 Hexachloropropylene Hexachloropropylene 1888-71-7 0.035 30
U244 Thiram Thiram 137-26-8 (WETOX or CHOXD) fb CMBST
CARBN; or CMBST
U246 Cyanogen bromide Cyanogen bromide 506-68-3 CHOXD; WETOX; or CMBST CHOXD; WETOX; or
U247 Methoxychlor Methoxychlor 72-43-5 0.25 0.18
U248 Warfarin, and salts, when present at Warfarin 81-81-2 (WETOX or CHOXD) fb CMBST
concentrations of 0.3% or less. CARBN; or CMBST

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
U249 Zinc phosphide, ZnP, when present at Zinc Phosphide 1314-84-7 CHOXD; CHRED; or CMBST CHOXD; CHRED; or
3 2
concentrations of 10% or less. CMBST
U271 Benomyl10 Benomyl 17804-35-2 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
U278 Bendiocarb10 Bendiocarb 22781-23-3 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
U279 Carbaryl10 Carbaryl 63-25-2 0.006; or CMBST, CHOXD, 0.14; or CMBST
BIODG, or CARBN
U280 Barban10 Barban 101-27-9 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
U328 o-Toluidine o-Toluidine 95-53-4 CMBST; or CHOXD fb (BIODG CMBST
or CARBN); or BIODG fb
U353 p-Toluidine p-Toluidine 106-49-0 CMBST; or CHOXD fb (BIODG CMBST
or CARBN); or BIODG fb
U359 2-Ethoxyethanol 2-Ethoxyethanol 110-80-5 CMBST; or CHOXD fb (BIODG CMBST
or CARBN); or BIODG fb
U364 Bendiocarb phenol10 Bendiocarb phenol 22961-82-6 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
U367 Carbofuran phenol10 Carbofuran phenol 1563-38-8 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
U372 Carbendazim10 Carbendazim 10605-21-7 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
U373 Propham10 Propham 122-42-9 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
U387 Prosulfocarb10 Prosulfocarb 52888-80-9 0.042; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
U389 Triallate10 Triallate 2303-17-5 0.042; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
U394 A221310 A2213 30558-43-1 0.042; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
U395 Diethylene glycol, dicarbamate10 Diethylene glycol, dicarbamate 5952-26-1 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN

Regulated Hazardous Constituent Wastewaters Nonwastewaters
Concentration5 in mg/kg
unless noted as "mg/l
Waste Waste Description and Concentration3 mg/l; or TCLP"; or Technology
Code Treatment/Regulatory Subcategory1 Common Name CAS2No. Technology Code4 Code
U404 Triethylamine10 Triethylamine 121-44-8 0.081; or CMBST, CHOXD, 1.5; or CMBST
BIODG, or CARBN
U409 Thiophanate-methyl10 Thiophanate-methyl 23564-05-8 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
U410 Thiodicarb10 Thiodicarb 59669-26-0 0.019; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN
U411 Propoxur10 Propoxur 114-26-1 0.056; or CMBST, CHOXD, 1.4; or CMBST
BIODG, or CARBN

Notes to table:
1. The waste descriptions provided in this table do not replace waste descriptions in chapter 33.1-24-02. Descriptions of treatment/regulatory subcategories are provided, as needed, to distinguish
between applicability of different standards.
2. CAS means chemical abstract services. When the waste code and/or regulated constituents are described as a combination of a chemical with its salts and/or esters, the CAS number is given for
the parent compound only.
3. Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples.
4. All treatment standards expressed as a technology code or combination of technology codes are explained in detail in section 33.1-24-05-282 Table 1 - Technology Codes and Descriptions of
Technology-Based Standards.
5. Except for metals (extraction procedure or toxicity characteristic leaching procedure) and cyanides (total and amenable) the nonwastewater treatment standards expressed as a concentration
were established, in part, based upon incineration in units operated in accordance with the technical requirements of sections 33.1-24-05-144 through 33.1-24-05-159 or based upon combustion in
fuel substitution units operating in accordance with applicable technical requirements. A facility may comply with these treatment standards according to provisions in subsection 4 of section
### § 33.1-24-05-280. All concentration standards for nonwastewaters are based on analysis of grab samples.

6. Where an alternate treatment standard or set of alternate standards has been indicated, a facility may comply with this alternate standard, but only for the treatment/regulatory subcategory or
physical form (for example, wastewater and/or nonwastewater) specified for that alternate standard.
7. Both cyanides (total) and cyanides (amenable) for nonwastewaters are to be analyzed using method 9010C or 9012B, found in "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods", environmental protection agency publication SW-846, as incorporated by reference in section 33.1-24-01-05, with a sample size of ten grams and a distillation time of one hour and
fifteen minutes.
8. These wastes, when rendered nonhazardous and then subsequently managed in Clean Water Act or Clean Water Act-equivalent systems, are not subject to treatment standards. (See
subdivisions c and d of subsection 3 of section 33.1-24-05-250.)
9. These wastes, when rendered nonhazardous and then subsequently injected in a class I Safe Drinking Water Act well are not subject to treatment standards. (See 40 CFR section 148.1(d).)
10. The treatment standard for this waste may be satisfied by either meeting the constituent concentrations in this table or by treating the waste by the specified technologies: combustion, as defined
by the technology code CMBST in table 1 in section 33.1-24-05-282, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the
technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined by the technology code CMBST in table 1 of section 33.1-24-05-282, for
wastewaters.
11. For these wastes, the definition of CMBST is limited to: (1) combustion units operating under sections 33.1-24-05-201 through 33.1-24-05-249, (2) combustion units permitted under sections
equivalent treatment under subsection 2 of section 33.1-24-05-282.
12. Disposal of K175 wastes that have complied with all applicable section 33.1-24-05-280 treatment standards must also be macroencapsulated in accordance with section 33.1-24-05-285 table 1
unless the waste is placed in: (1) a monofill regulated under article 33.1-20 containing only K175 wastes that meet all applicable section 33.1-24-05-280 treatment standards; or (2) a dedicated
landfill cell regulated under article 33.1-20 in which all other wastes being codisposed are at pH 6.0 or less.

History: Effective January 1, 2019.
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
### § 33.1-24-05-281. Treatment standards expressed as concentration in waste extract.

For the requirements previously found in this section and for treatment standards in table
CCWE-Constituent Concentrations in Waste Extracts, refer to section 33.1-24-05-280.
History: Effective January 1, 2019.
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
### § 33.1-24-05-282. Treatment standards expressed as specified technologies.

NOTE: For the requirements previously found in this section in Table 2 - Technology-Based
Standards By Resource Conservation Recovery Act Waste Code, and Table 3 - Technology-Based
Standards for Specific Radioactive Hazardous Mixed Waste, refer to section 33.1-24-05-280.
1. The following wastes in the table in section 33.1-24-05-280 "Treatment Standards for
Hazardous Wastes", for which standards are expressed as a treatment method rather than a
concentration level, must be treated using the technology or technologies specified in the
table entitled "Technology Codes and Description of Technology-Based Standards" in this
section.
Table 1. Technology Codes and Description of Technology-Based Standards
Technology Code Description of Technology-Based Standards
ADGAS: Venting of compressed gases into an absorbing or reacting media (for
example, solid or liquid) venting can be accomplished through physical
release utilizing valves/piping, physical penetration of the container,
and/or penetration through detonation.
AMLGM: Amalgamation of liquid, elemental mercury contaminated with
radioactive materials utilizing inorganic reagents, such as copper, zinc,
nickel, gold, and sulfur that result in a nonliquid, semi-solid amalgam and
thereby reducing potential emissions of elemental mercury vapors to the
air.
BIODG: Biodegradation of organics or nonmetallic inorganics (for example,
degradable inorganics that contain the elements of phosphorus,
nitrogen, and sulfur) in units operated under either aerobic or anaerobic
conditions such that a surrogate compound or indicator parameter has
been substantially reduced in concentration in the residuals (for
example, total organic carbon can often be used as an indicator
parameter for the biodegradation of many organic constituents that
cannot be directly analyzed in wastewater residues).
CARBN: Carbon adsorption (granulated or powdered) of nonmetallic inorganics,
organo-metallics, and/or organic constituents, operated such that a
surrogate compound or indicator parameter has not undergone
breakthrough (for example, total organic carbon can often be used as an
indicator parameter for the adsorption of many organic constituents that
cannot be directly analyzed in wastewater residues). Breakthrough
occurs when the carbon has become saturated with the constituent (or
indicator parameter) and substantial change in adsorption rate
associated with that constituent occurs.

Table 1. Technology Codes and Description of Technology-Based Standards
Technology Code Description of Technology-Based Standards
CHOXD: Chemical or electrolytic oxidation utilizing the following oxidation
reagents (or waste reagents) or combinations of reagents:
(1) hypochlorite (e.g. bleach); (2) chlorine; (3) chlorine dioxide; (4) ozone
or UV-assisted ozone; (5) peroxides; (6) persulfates; (7) perchlorates;
(8) permangantes; and/or (9) other oxidizing reagents of equivalent
efficiency, performed in units operated such that a surrogate compound
or indicator parameter has been substantially reduced in concentration
in the residuals (for example, total organic carbon can often be used as
an indicator parameter for the oxidation of many organic constituents
that cannot be directly analyzed in wastewater residues). Chemical
oxidation specifically includes what is commonly referred to as alkaline
chlorination.
CHRED: Chemical reduction utilizing the following reducing reagents (or waste
reagents) or combinations of reagents: (1) sulfur dioxide; (2) sodium,
potassium, or alkali salts or sulfites, bisulfites, metabisulfites, and
polyethylene glycols (for example, NaPEG and KPEG); (3) sodium
hydrosulfide; (4) ferrous salts; and/or (5) other reducing reagents of
equivalent efficiency, performed in units operated such that a surrogate
compound or indicator parameter has been substantially reduced in
concentration in the residuals (for example, total organic halogens can
often be used as an indicator parameter for the reduction of many
halogenated organic constituents that cannot be directly analyzed in
wastewater residues). Chemical reduction is commonly used for the
reduction of hexavalent chromium to the trivalent state.
CMBST: High temperature organic destruction technologies, such as combustion
in incinerators, boilers, or industrial furnaces operated in accordance
with the applicable requirements of sections 33.1-24-05-144 through
33.1-24-05-159, sections 33.1-24-05-525 through 33.1-24-05-549, or
subsection 5 of section 33.1-24-06-16, and in other units operated in
accordance with applicable technical operating requirements; and
certain noncombustive technologies, such as the catalytic extraction
process.
DEACT: Deactivation to remove the hazardous characteristics of a waste due to
its ignitability, corrosivity, and/or reactivity.
FSUBS: Fuel substitution in units operated in accordance with applicable
technical operating requirements.
HLVIT: Vitrification of high level mixed radioactive wastes in units in compliance
with all applicable radioactive protection requirements under control of
the Nuclear Regulatory Commission.
IMERC: Incineration of wastes containing organics and mercury in units operated
in accordance with the technical operating requirements of sections
nonwastewater residues derived from this process must then comply
with the corresponding treatment standards per waste code with
consideration of any applicable subcategories (for example, high or low
mercury subcategories).
INCIN: Incineration in units operated in accordance with the technical operating
requirements of sections 33.1-24-05-144 through 33.1-24-05-159.

Table 1. Technology Codes and Description of Technology-Based Standards
Technology Code Description of Technology-Based Standards
LLEXT: Liquid-liquid extraction (often referred to as solvent extraction) of
organics from liquid wastes into an immiscible solvent for which the
hazardous constituents have a greater solvent affinity, resulting in an
extract high in organics that must undergo either incineration, reuse as a
fuel, or other recovery/reuse and a raffinate (extracted liquid waste)
proportionately low in organics that must undergo further treatment as
specified in the standard.
MACRO: Macroencapsulation with surface coating materials such as polymeric
organics (e.g. resins and plastics) or with a jacket of inert inorganic
materials to substantially reduce surface exposure to potential leaching
media. Macroencapsulation specifically does not include any material
that would be classified as a tank or container according to section
33.1-24-01-04.
NEUTR: Neutralization with the following reagents (or waste reagents) or
combinations of reagents: (1) acids; (2) bases; or (3) water (including
wastewaters) resulting in a pH greater than 2 but less than 12.5 as
measured in the aqueous residuals.
NLDBR: No land disposal based on recycling.
POLYM: Formation of complex high-molecular weight solids through
polymerization of monomers in high-total organic carbon D001
nonwastewaters which are chemical components in the manufacture of
plastics.
PRECP: Chemical precipitation of metals and other inorganics as insoluble
precipitates of oxides, hydroxides, carbonates, sulfides, sulfates,
chlorides, flourides, or phosphates. The following reagents (or waste
reagents) are typically used alone or in combination: (1) lime (for
example, containing oxides and/or hydroxides of calcium and/or
magnesium); (2) caustic (for example, sodium and/or potassium
hydroxides); (3) soda ash (for example, sodium carbonate); (4) sodium
sulfide; (5) ferric sulfate or ferric chloride; (6) alum; or (7) sodium sulfate.
Additional flocculating, coagulation, or similar reagents/processes that
enhance sludge dewatering characteristics are not precluded from use.
RBERY: Thermal recovery of Beryllium.
RCGAS: Recovery/reuse of compressed gases, including techniques such as
reprocessing of the gases for reuse/resale; filtering/adsorption of
impurities; remixing for direct reuse or resale; and use of the gas as a
fuel source.
RCORR: Recovery of acids or bases utilizing one or more of the following
recovery technologies: (1) distillation (for example, thermal
concentration); (2) ion exchange; (3) resin or solid adsorption;
(4) reverse osmosis; and/or (5) incineration for the recovery of acid -
Note: This does not preclude the use of other physical phase separation
or concentration techniques, such as decantation, filtration (including
ultrafiltration), and centrifugation, when used in conjunction with the
above listed recovery technologies.
RLEAD: Thermal recovery of lead in secondary lead smelters.

Table 1. Technology Codes and Description of Technology-Based Standards
Technology Code Description of Technology-Based Standards
RMERC: Retorting or roasting in a thermal processing unit capable of volatilizing
mercury and subsequently condensing the volatilized mercury for
recovery. The retorting or roasting unit (or facility) must be subject to one
or more of the following: (a) a National Emissions Standard for
Hazardous Air Pollutants (NESHAP) for mercury; (b) a Best Available
Control Technology (BACT) or a Lowest Achievable Emission Rate
(LAER) standard for mercury imposed pursuant to a Prevention of
Significant Deterioration (PSD) permit; or (c) a state permit that
establishes emission limitations (within meaning of section 302 of the
Clean Air Act) for mercury. All wastewater and nonwastewater residues
derived from this process must then comply with the corresponding
treatment standards per waste code with consideration of any applicable
subcategories (for example, high or low mercury subcategories).
RMETL: Recovery of metals or inorganics utilizing one or more of the following
direct physical/removal technologies: (1) ion exchange; (2) resin or solid
(for example, zeolites) adsorption; (3) reverse osmosis;
(4) chelation/solvent extraction; (5) freeze crystallization;
(6) ultrafiltration; and/or (7) simple precipitation (for example,
crystallization) - Note: This does not preclude the use of other physical
phase separation or concentration techniques, such as decantation,
filtration (including ultrafiltration), and centrifugation, when used in
conjunction with the above listed recovery technologies.
RORGS: Recovery of organics utilizing one or more of the following technologies:
(1) Distillation; (2) thin film evaporation; (3) steam stripping; (4) carbon
adsorption; (5) critical fluid extraction; (6) liquid-liquid extraction;
(7) precipitation/crystallization (including freeze crystallization); or
(8) chemical phase separation techniques (for example, addition of
acids, bases, demulsifiers, or similar chemicals) - Note: This does not
preclude the use of other physical phase separation techniques, such as
a decantation, filtration (including ultrafiltration), and centrifugation, when
used in conjunction with the above listed recovery technologies.
RTHRM: Thermal recovery of metals or inorganics from nonwastewaters in units
identified as industrial furnaces according to subdivisions a, f, g, k, and l
of subsection 45 of section 33.1-24-01-04 under the definition of
"industrial furnaces".
RZINC: Resmelting in high temperature metal recovery units for the purpose of
recovery of zinc.
STABL: Stabilization with the following reagents (or waste reagents) or
combinations of reagents: (1) Portland cement; or (2) lime/pozzolans (for
example, fly ash and cement kiln dust) - This does not preclude the
addition of reagents (for example, iron salts, silicates, and clays)
designed to enhance the set/cure time and/or compressive strength, or
to overall reduce the leachability of the metal or inorganic.
SSTRP: Steam stripping of organics from liquid wastes utilizing direct application
of steam to the wastes operated such that liquid and vapor flow rates, as
well as temperature and pressure ranges, have been optimized,
monitored, and maintained. These operating parameters are dependent
upon the design parameters of the unit, such as the number of

Table 1. Technology Codes and Description of Technology-Based Standards
Technology Code Description of Technology-Based Standards
separation stages and the internal column design, thus resulting in a
condensed extract high in organics that must undergo either
incineration, reuse as a fuel, or other recovery/reuse and an extracted
wastewater that must undergo further treatment as specified in the
standard.
WETOX: Wet air oxidation performed in units operated such that a surrogate
compound or indicator parameter has been substantially reduced in
concentration in the residuals (for example, total organic carbon can
often be used as an indicator parameter for the oxidation of many
organic constituents that cannot be directly analyzed in wastewater
residues).
WTRRX: Controlled reaction with water for highly reactive inorganic or organic
chemicals with precautionary controls for protection of workers from
potential violent reactions as well as precautionary controls for potential
emissions of toxic/ignitable levels of gases released during the reaction.
Note 1: When a combination of these technologies (for example, a treatment train) is specified
as a single treatment standard, the order of application is specified in section 33.1-24-05-282,
table 2 by indicating the five letter technology code that must be applied first, then the
designation "fb" (an abbreviation for "followed by"), then the five letter technology code for the
technology that must be applied next, and so on.
Note 2: When more than one technology (or treatment train) are specified as alternative
treatment standards, the five letter technology codes (or the treatment trains) are separated
by a semicolon(;) with the last technology preceded by the word "or". This indicates that any
one of these best demonstrated available technologies or treatment trains can be used for
compliance with the standard.
2. Any person may submit an application to the administrator demonstrating that an alternative
treatment method can achieve a measure of performance equivalent to that achieved by
methods specified in subsections 1, 3, and 4 for wastes or specified in table 1 of section
that the applicant's treatment method is in compliance with federal, state, and local
requirements and is protective of human health and the environment. On the basis of such
information and any other available information, the administrator may approve the use of the
alternative treatment method if the administrator finds that the alternative treatment method
provides a measure of performance equivalent to that achieved by methods specified in
subsections 1, 3, and 4 for wastes or in table 1 of section 33.1-24-05-285 for hazardous
debris. Any approval must be stated in writing and may contain such provisions and conditions
as the administrator deems appropriate. The person to whom such approval is issued must
comply with all limitations contained in such a determination.
3. As an alternative to the otherwise applicable sections 33.1-24-05-280 through 33.1-24-05-289
treatment standards, lab packs are eligible for land disposal provided the following
requirements are met:
a. The lab packs comply with the applicable provisions of section 33.1-24-05-185;
b. The lab pack does not contain any of the wastes listed in appendix VIII of chapter
33.1-24-05;

c. The lab packs are incinerated in accordance with the requirements of sections
d. Any incinerator residues from lab packs containing D004, D005, D006, D007, D008,
D010, and D011 are treated in compliance with the applicable treatment standards
specified for such wastes in sections 33.1-24-05-280 through 33.1-24-05-289.
4. Radioactive hazardous mixed wastes are subject to the treatment standards in section
### § 33.1-24-05-280. Where treatment standards are specified for radioactive mixed wastes in the

Table of Treatment Standards, those treatment standards will govern. Where there is no
specific treatment standard for radioactive mixed waste, the treatment standard for the
hazardous waste (as designated by environmental protection agency/state waste code)
applies. Hazardous debris containing radioactive waste is subject to the treatment standards
specified in section 33.1-24-05-285.
History: Effective January 1, 2019.
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
### § 33.1-24-05-283. Treatment standards expressed as waste concentrations.

For the requirements previously found in this section and for treatments standards in table CCW -
Constituent Concentrations in Wastes, refer to section 33.1-24-05-280.
History: Effective January 1, 2019.
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
### § 33.1-24-05-284. Variance from a treatment standard.

1. Based on a petition filed by a generator or treater of hazardous waste, the administrator may
approve a variance from an applicable treatment standard if:
a. It is not physically possible to treat the waste to the level specified in the treatment
standard, or by the method specified as the treatment standard. To show this is the case,
the petitioner must demonstrate that because the physical or chemical properties of the
waste differ significantly from waste analyzed in developing the treatment standard, the
waste cannot be treated to the specified level or by the specified method; or
b. It is inappropriate to require the waste to be treated to the level specified in the treatment
standard or by the method specified as the treatment standard, even though such
treatment is technically possible. To show this is the case, the petitioner must either
demonstrate that:
(1) Treatment to the specified level or by the specified method is technically
inappropriate (for example, resulting in combustion of large amounts of mildly
contaminated environmental media); or
(2) For remediation waste only, treatment to the specified level, or by the specified
method is environmentally inappropriate because it would likely discourage
aggressive remediation.
2. Each petition must be submitted in accordance with the procedures in section 33.1-24-01-06.
3. These petitions must include the following statement signed by the petitioner or an authorized
representative: I certify under penalty of law that I have personally examined and am familiar
with the information submitted in this petition and all attached documents, and that, based on

my inquiry of those individuals immediately responsible for obtaining the information, I believe
that the submitted information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and
imprisonment.
4. After receiving a petition for variance from a treatment standard, the administrator may
request any additional information or samples which the administrator may require to evaluate
the petition. Additional copies of the complete petition may be requested as needed to send to
affected states and to the environmental protection agency regional offices.
5. The administrator will give public notice in the federal register of the intent to approve or deny
a petition and provide an opportunity for public comment. The final decision on a variance
from a treatment standard will be published in the federal register.
6. A generator, treatment facility, or disposal facility that is managing a waste covered by a
variance from the treatment standards shall comply with the waste analysis requirements for
restricted wastes found under section 33.1-24-05-256.
7. During the petition review process, an applicant is required to comply with all restrictions on
land disposal under sections 33.1-24-05-250 through 33.1-24-05-299 once the effective date
for the waste has been reached.
8. Based on a petition filed by a generator or treater of hazardous waste, the administrator, or
the administrator's delegated representative, may approve a site-specific variance from an
applicable treatment standard if:
a. It is not physically possible to treat the waste to the level specified in the treatment
standard, or by the method specified as the treatment standard. To show that this is the
case, the petitioner must demonstrate that because the physical or chemical properties
of the waste differ significantly from waste analyzed in developing the treatment
standard, the waste cannot be treated to the specified level or by the specified method;
or
b. It is inappropriate to require the waste to be treated to the level specified in the treatment
standard or by the method specified as the treatment standard, even though such
treatment is technically possible. To show that this is the case, the petitioner must either
demonstrate that:
(1) Treatment to the specified level or by the specified method is technically
inappropriate (for example, resulting in combustion of large amounts of mildly
contaminated environmental media when the treatment standard is not based on
combustion of such media); or
(2) For remediation waste only, treatment to the specified level or by the specified
method is environmentally inappropriate because it would likely discourage
aggressive remediation.
c. For contaminated soil only, treatment to the level or by the method specified in the soil
treatment standards would result in concentrations of hazardous constituents that are
below (for example, lower than) the concentrations necessary to minimize short- and
long-term threats to human health and the environment. Treatment variances approved
under this subsection must:
(1) At a minimum, impose alternative land disposal restriction treatment standards that,
using a reasonable maximum exposure scenario:

(a) For carcinogens, achieve constituent concentrations that result in the total
excess risk to an individual exposed over a lifetime generally falling within a
range from 10-4 to 10-6; and
(b) For constituents with noncarcinogenic effects, achieve constituent
concentrations that an individual could be exposed to on a daily basis without
appreciable risk of deleterious effect during a lifetime.
(2) Not consider post-land-disposal controls.
d. For contaminated soil only, treatment to the level or by the method specified in the soil
treatment standards would result in concentrations of hazardous constituents that are
below (for example, lower than) natural background concentrations at the site where the
contaminated soil will be land disposed.
e. Public notice and reasonable opportunity for public comment must be provided before
granting or denying a petition.
9. Each application for a site-specific variance from a treatment standard must include the
information in subdivisions a through d of subsection 2 of section 33.1-24-01-06.
10. After receiving an application for a site-specific variance from a treatment standard, the
assistant administrator, or a delegated representative, may request any additional information
or samples which may be required to evaluate the application.
11. A generator, treatment facility, or disposal facility that is managing a waste governed by a
site-specific variance from a treatment standard must comply with the waste analysis
requirements for restricted wastes found under section 33.1-24-05-256.
12. During the application review process, the applicant for a site-specific variance must comply
with all restrictions on land disposal under sections 33.1-24-05-250 through 33.1-24-05-299
once the effective date for the waste has been reached.
13. For all variances, the petitioner must also demonstrate that compliance with any given
treatment variance is sufficient to minimize threats to human health and the environment
posed by land disposal of the waste. In evaluating this demonstration, the environmental
protection agency may take into account whether a treatment variance should be approved if
the subject waste is to be used in a manner constituting disposal pursuant to sections
History: Effective January 1, 2019.
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
### § 33.1-24-05-285. Treatment standards for hazardous debris.

1. Treatment standards. Hazardous debris must be treated prior to land disposal as follows
unless the department determines under subdivision b of subsection 5 of section
treated to the waste-specific treatment standard provided in sections 33.1-24-05-280 through
a. General. Hazardous debris must be treated for each "contaminant subject to treatment"
defined by subsection 2 using the technology or technologies identified in table 1 of this
section.

b. Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability,
corrosivity, or reactivity identified under sections 33.1-24-02-11, 33.1-24-02-12, and
33.1-24-02-13, respectively, must be deactivated by treatment using one of the
technologies identified in table 1 of this section.
c. Mixtures of debris types. The treatment standards of table 1 in this section must be
achieved for each type of debris contained in a mixture of debris types. If an
immobilization technology is used in a treatment train, it must be the last treatment
technology used.
d. Mixtures of contaminant types. Debris that is contaminated with two or more
contaminants subject to treatment identified under subsection 2 must be treated for each
contaminant using one or more treatment technologies identified in table 1 of this section.
If an immobilization technology is used in a treatment train, it must be the last treatment
technology used.
e. Waste polychlorinated biphenyls. Hazardous debris that is also a waste polychlorinated
biphenyl under 40 CFR part 761 is subject to the requirements of either 40 CFR part 761
or the requirements of this section, whichever are more stringent.
2. Contaminants subject to treatment. Hazardous debris must be treated for each "contaminant
subject to treatment". The contaminants subject to treatment must be determined as follows:
a. Toxicity characteristic debris. The contaminants subject to treatment for debris that
exhibits the toxicity characteristic by section 33.1-24-02-14 are those extraction
procedure constituents (hazardous waste numbers D004 through D017) for which the
debris exhibits the toxicity characteristic.
b. Debris contaminated with listed waste. The contaminants subject to treatment for debris
that is contaminated with a prohibited listed hazardous waste are those constituents or
wastes for which treatment standards are established for waste under section
33.1-24-05-280.
c. Cyanide reactive debris. Hazardous debris that is reactive because of cyanide must be
treated for cyanide.
3. Conditioned exclusion of treated debris. Hazardous debris that has been treated using one of
the specified extraction or destruction technologies in table 1 of this section and that does not
exhibit a characteristic of hazardous waste identified under sections 33.1-24-02-10 through
hazardous waste facility. Hazardous debris contaminated with a listed waste that is treated by
an immobilization technology specified in table 1 is a hazardous waste and must be managed
in a hazardous waste facility.
4. Treatment residuals.
a. General requirements. Except as provided by subdivisions b and d:
(1) Residue from the treatment of hazardous debris must be separated from the treated
debris using simple physical or mechanical means; and
(2) Residue from the treatment of hazardous debris is subject to the waste-specific
treatment standards provided by sections 33.1-24-05-280 through 33.1-24-05-289
for the waste contaminating the debris.
b. Nontoxic debris. Residue from the deactivation of ignitable, corrosive, or reactive
characteristic hazardous debris (other than cyanide-reactive) that is not contaminated

with a contaminant subject to treatment defined by subsection 2, must be deactivated
prior to land disposal and is not subject to the waste-specific treatment standards of
sections 33.1-24-05-280 through 33.1-24-05-289.
c. Cyanide-reactive debris. Residue from the treatment of debris that is reactive because of
cyanide must meet the treatment standards for D003 in "treatment standards for
hazardous wastes" at section 33.1-24-05-280.
d. Ignitable nonwastewater residue. Ignitable nonwastewater residue containing equal to or
greater than ten percent total organic carbon is subject to the technology specified in the
treatment standard for D001: ignitable liquids.
e. Residue from spalling. Layers of debris removed by spalling are hazardous debris that
remain subject to the treatment standards of this section.
Table 1. Alternative Treatment Standards for Hazardous Debris1
Technology Description Performance and/or Design and Contaminant Restrictions2
Operating Standard
A. Extraction Technologies:
1. Physical Extraction
a. Abrasive Blasting: Removal of Glass, Metal, Plastic, Rubber: All Debris: None.
contaminated debris surface layers Treatment to a clean debris
using water and/or air pressure to surface.3
propel a solid media (for example,
steel shot, aluminum oxide grit, Brick, Cloth, Concrete, Paper,
plastic beads). Pavement, Rock, Wood:
Removal of at least 0.6 cm of the
surface layer; treatment to a
clean debris surface.3
b. Scarification, Grinding, and Same as above. Same as above.
Planing: Process utilizing striking
piston heads, saws, or rotating
grinding wheels such that
contaminated debris surface layers
are removed.
c. Spalling: Drilling or chipping Same as above. Same as above.
holes at appropriate locations and
depth in the contaminated debris
surface and applying a tool which
exerts a force on the sides of those
holes such that the surface layer is
removed. The surface layer
removed remains hazardous debris
subject to the debris treatment
standards.
d. Vibratory Finishing: Process Same as above. Same as above.
utilizing scrubbing media, flushing
fluid, and oscillating energy such
that hazardous contaminants or
contaminated debris surface layers
are removed.4

Table 1. Alternative Treatment Standards for Hazardous Debris1
Technology Description Performance and/or Design and Contaminant Restrictions2
Operating Standard
e. High Pressure Steam and Water Same as above. Same as above.
Sprays: Application of water or
steam sprays of sufficient
temperature, pressure, residence
time, agitation, surfactants, and
detergents to remove hazardous
contaminants from debris surfaces
or to remove contaminated debris
surface layers.
2. Chemical Extraction
a. Water Washing and Spraying: All Debris: Treatment to a clean Brick, Cloth, Concrete,
Application of water sprays or water debris surface3; Paper, Pavement, Rock,
baths of sufficient temperature, Wood: Contaminant must
pressure, residence time, agitation, Brick, Cloth, Concrete, Paper, be soluble to at least 5% by
surfactants, acids, bases, and Pavement, Rock, Wood: Debris weight in water solution or
detergents to remove hazardous must be no more than 1.2 cm 5% by weight in emulsion; if
contaminants from debris surfaces (1/2 inch) in one dimension (for debris is contaminated with
and surface pores or to remove example, thickness limit,5 except a dioxin-listed waste,6 and
contaminated debris surface layers. that this thickness limit may be "Equivalent Technology"
waived under an "Equivalent approval under
Technology" approval under subsection 2 of section
subsection 2 of section 33.1-24-05-282 must be
33.1-24-05-282;8 debris surfaces obtained.8
must be in contact with water
solution for at least 15 minutes.
b. Liquid Phase Solvent Extraction: Same as above. Brick, Cloth, Concrete,
Removal of hazardous Paper, Pavement, Rock,
contaminants from debris surfaces Wood: Same as above,
and surface pores by applying a except that contaminant
nonaqueous liquid or liquid solution must be soluble to at least
which causes the hazardous 5% by weight in the
contaminants to enter the liquid solvent.
phase and be flushed away from
the debris along with the liquid or
liquid solution while using
appropriate agitation, temperature,
and residence time.4
c. Vapor Phase Solvent Extraction: Same as above, except that Same as above.
Application of an organic vapor brick, cloth, concrete, paper,
using sufficient agitation, residence pavement, rock, and wood
time, and temperature to cause surfaces must be in contact with
hazardous contaminants on the organic vapor for at least
contaminated debris surfaces and 60 minutes.
surface pores to enter the vapor
phase and be flushed away with the
organic vapor.4
3. Thermal Extraction

Table 1. Alternative Treatment Standards for Hazardous Debris1
Technology Description Performance and/or Design and Contaminant Restrictions2
Operating Standard
a. High Temperature Metals For refining furnaces, treated Debris contaminated with a
Recovery: Application of sufficient debris must be separated from dioxin-listed waste:5 Obtain
heat, residence time, mixing, fluxing treatment residuals using simple an "Equivalent Technology"
agents, and/or carbon in a smelting, physical or mechanical means,9 approval under
melting, or refining furnace to and, prior to further treatment, subsection 2 of section
separate metals from debris. such residuals must meet the 33.1-24-05-282.8
waste-specific treatment
standards for organic compounds
in the waste contaminating the
debris.
b. Thermal Desorption: Heating in All Debris: Obtain an "Equivalent All Debris: Metals other
an enclosed chamber under either Technology" approval under than mercury.
oxidizing or nonoxidizing subsection 2 of section
atmospheres at sufficient 33.1-24-05-282;8 treated debris
temperature and residence time to must be separated from
vaporize hazardous contaminants treatment residuals using simple
from contaminated surfaces and physical or mechanical means,9
surface pores and to remove the and, prior to further treatment,
contaminants from the heating such residue must meet the
chamber in a gaseous exhaust waste-specific treatment
gas.7 standards for organic compounds
in the waste contaminating the
debris.
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood: Debris
must be no more than 10 cm
(4 inches) in one dimension (for
example, thickness limit),5 except
that this thickness limit may be
waived under the "Equivalent
Technology" approval.
B. Destruction Technologies:
1. Biological Destruction All Debris: Obtain an "Equivalent All Debris: Metal
(Biodegradation): Removal of Technology" approval under contaminants.
hazardous contaminants from subsection 2 of section
debris surfaces and surface pores 33.1-24-05-282;8 treated debris
in an aqueous solution and must be separated from
biodegradation of organic or treatment residuals using simple
nonmetallic inorganic compounds physical or mechanical
(for example, inorganics that means,9and, prior to further
contain phosphorus, nitrogen, or treatment, such residue must
sulfur) in units operated under meet the waste-specific treatment
either aerobic or anaerobic standards for organic compounds
conditions. in the waste contaminating the
debris.
Brick, Cloth, Concrete, Paper,

Table 1. Alternative Treatment Standards for Hazardous Debris1
Technology Description Performance and/or Design and Contaminant Restrictions2
Operating Standard
Pavement, Rock, Wood: Debris
must be no more than 1.2 cm
(1/2 inch) in one dimension (for
example, thickness limit),5 except
that this thickness limit may be
waived under the "Equivalent
Technology" approval.
2. Chemical Destruction
a. Chemical Oxidation: Chemical or All Debris: Obtain an "Equivalent All Debris: Metal
electrolytic oxidation utilizing the Technology" approval under contaminants.
following oxidation reagents (or subsection 2 of section
waste reagents) or combination of 33.1-24-05-282;8 treated debris
reagents: (1) hypochlorite (for must be separated from
example, bleach); (2) chlorine; treatment residuals using simple
(3) chlorine dioxide; (4) ozone or physical or mechanical means,9
UV (ultraviolet light) assisted ozone; and, prior to further treatment,
(5) peroxides; (6) persulfates; such residue must meet the
(7) perchlorates; waste-specific treatment
(8) permanganates; and/or (9) other standards for organic compounds
oxidizing reagents of equivalent in the waste contaminating the
destruction efficiency.4 Chemical debris.
oxidation specifically includes what
is referred to as alkaline Brick, Cloth, Concrete, Paper,
chlorination. Pavement, Rock, Wood: Debris
must be no more than 1.2 cm
(1/2 inch) in one dimension (for
example, thickness limit),5 except
that this thickness limit may be
waived under the "Equivalent
Technology" approval.
b. Chemical Reduction: Chemical Save as above. Same as above.
reaction utilizing the following
reducing reagents (or waste
reagents) or combination of
reagents: (1) sulfur dioxide;
(2) sodium, potassium, or alkali
salts of sulfites, bisulfites, and
metabisulfites, and polyethylene
glycols (for example, NaPEG and
KPEG); (3) sodium hydrosulfide;
(4) ferrous salts; and/or (5) other
reducing reagents of equivalent
efficiency.4
3. Thermal Destruction: Treatment Treated debris must be separated Brick, Concrete, Glass,
in an incinerator operating in from treatment residuals using Metal, Pavement, Rock,
accordance with sections simple physical or mechanical Metal: Metals other than

Table 1. Alternative Treatment Standards for Hazardous Debris1
Technology Description Performance and/or Design and Contaminant Restrictions2
Operating Standard
40 CFR 265; a boiler or industrial meet the waste-specific treatment vitrification. Debris
furnace operating in accordance standards for organic compounds contaminated with a
with sections 33.1-24-05-525 in the waste contaminating the dioxin-listed waste.6 Obtain
through 33.1-24-05-549, or other debris. an "Equivalent Technology"
thermal treatment unit operated in approval under
accordance with sections subsection 2 of section
33.1-24-05-399, or subpart P, that this requirement does
Part 265 of the 40 CFR, but not apply to vitrification.
excluding for purposes of these
debris treatment standards Thermal
Desorption units.
C. Immobilization Technologies:
1. Macroencapsulation: Application Encapsulating material must None.
of surface coating materials, such completely encapsulate debris
as polymeric organics (for example, and be resistant to degradation
resins and plastics) or use of a by the debris and its
jacket of inert inorganic materials to contaminants and materials into
substantially reduce surface which it may come into contact
exposure to potential leaching after placement (leachate, other
media. waste, microbes).
2. Microencapsulation: Stabilization Leachability of the hazardous None.
of the debris with the following contaminants must be reduced.
reagents (or waste reagents) such
that the leachability of the
hazardous contaminants is
reduced: (1) Portland cement; or
(2) lime/pozzolans (for example, fly
ash and cement kiln dust).
Reagents (for example, iron salts,
silicates, and clays) may be added
to enhance the set/cure time and/or
compressive strength, or to reduce
the leachability of the hazardous
constituents.5
3. Sealing: Application of an Sealing must avoid exposure of None.
appropriate material which adheres the debris surface to potential
tightly to the debris surface to avoid leaching media and sealant must
exposure of the surface to potential be resistant to degradation by the
leaching media. When necessary to debris and its contaminants and
effectively seal the surface, sealing materials into which it may come
entails pretreatment of the debris into contact after placement
surface to remove foreign matter (leachate, other waste,
and to clean and roughen the microbes).
surface. Sealing materials include
epoxy, silicone, and urethane
compounds, but paint may not be
used as a sealant.

FOOTNOTE: 1Hazardous debris must be treated by either these standards of the waste-specific
treatment standards for the waste contaminating the debris. The treatment standards must be met for
each type of debris contained in a mixture of debris types, unless the debris is converted into
treatment residue as a result of the treatment process. Debris treatment residuals are subject to the
waste-specific treatment standards for the waste contaminating the debris.
FOOTNOTE: 2Contaminant restriction means that the technology is not best demonstrated available
technologies for that contaminant. If debris containing a restricted contaminant is treated by the
technology, the contaminant must be subsequently treated by a technology for which it is not
restricted in order to be land disposed (and excluded from article 33.1-24).
FOOTNOTE: 3"Clean debris surface" means the surface, when viewed without magnification, shall be
free of all visible contaminated soil and hazardous waste except that residual staining from soil and
waste consisting of light shadows, slight streaks, or minor discolorations, and soil and waste in
cracks, crevices, and pits may be present provided that such staining and waste and soil in cracks,
crevices, and pits shall be limited to no more than 5% of each square inch of surface area.
FOOTNOTE: 4Acids, solvents, and chemical reagents may react with some debris and contaminants
to form hazardous compounds. For example, acid washing of cyanide-contaminated debris could
result in the formation of hydrogen cyanide. Some acids may also react violently with some debris
and contaminants, depending on the concentration of the acid and the type of debris and
contaminants. Debris treaters should refer to the safety precautions specified in Material Safety Data
Sheets for various acids to avoid applying an incompatible acid to a particular debris/contaminant
combination. For example, concentrated sulfuric acid may react violently with certain organic
compounds, such as acrylonitrile.
FOOTNOTE: 5If reducing the particle size of debris to meet the treatment standards results in
material that no longer meets the 60 mm minimum particle size limit for debris, such material is
subject to the waste-specific treatment standards for the waste contaminating the material, unless the
debris has been cleaned and separated from contaminated soil and waste prior to size reduction. At
a minimum, simple physical or mechanical means must be used to provide such cleaning and
separation of nondebris materials to ensure that the debris surface is free of caked soil, waste, or
other nondebris material.
FOOTNOTE: 6Dioxin-listed wastes are hazardous waste numbers F020, F021, F022, F023, F026,
and F027.
FOOTNOTE: 7Thermal desorption is distinguished from thermal destruction in that the primary
purpose of thermal desorption is to volatilize contaminants and to remove them from the treatment
chamber for subsequent destruction or other treatment.
FOOTNOTE: 8The demonstration "Equivalent Technology" under subsection 2 of section
level equivalent to that required by the performance and design and operating standards for other
technologies in this table such that residual levels of hazardous contaminants will not pose a hazard
to human health and the environment absent management controls.
FOOTNOTE: 9Any soil, waste, and other nondebris material that remains on the debris surface (or
remains mixed with the debris) after treatment is considered a treatment residual that must be
separated from the debris using, at a minimum, simple physical or mechanical means. Examples of
simple physical or mechanical means are vibratory or trommel screening or water washing. The
debris surface need not be cleaned to a "clean debris surface" as defined in footnote 3 when
separating treated debris from residue; rather, the surface must be free of caked soil, waste, or other
nondebris material. Treatment residuals are subject to the waste-specific treatment standards for the
waste contaminating the debris.
History: Effective January 1, 2019.

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
### § 33.1-24-05-286. Alternative treatment standards based on high temperatures metal recovery.

For the treatment standards previously found in this section, refer to section 33.1-24-05-280.
History: Effective January 1, 2019.
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
### § 33.1-24-05-287. [Reserved].

### § 33.1-24-05-288. Universal treatment standards.

Table "Universal Treatment Standards" identifies the hazardous constituents, along with the
nonwastewater and wastewater treatment standard levels, that are used to regulate most prohibited
hazardous wastes with numerical limits. For determining compliance with treatment standards for
underlying hazardous constituents as defined in subsection 10 of section 33.1-24-05-251, these
treatment standards may not be exceeded. Compliance with these treatment standards is measured by
an analysis of grab samples, unless otherwise noted in the following table "Universal Treatment
Standards".
Universal Treatment Standards
Wastewater Nonwastewater
Standard Standard
Concentration3 in mg/kg
Regulated Constituent/ CAS1 Concentration2 in unless noted as "mg/l
Common Name Number mg/l TCLP"
I. Organic Constituents:
Acenaphthene 83-32-9 0.059 3.4
Acenaphthylene 208-96-8 0.059 3.4
Acetone 67-64-1 0.28 160
Acetonitrile 75-05-8 5.6 38
Acetophenone 96-86-2 0.010 9.7
2-Acetylaminofluorene 53-96-3 0.059 140
Acrolein 107-02-8 0.29 NA
Acrylamide 79-06-1 19 23
Acrylonitrile 107-13-1 0.24 84
Aldrin 309-00-2 0.021 0.066
4-Aminobiphenyl 92-67-1 0.13 NA
Aniline 62-53-3 0.81 14
o-Anisidine (2-methoxyaniline) 90-04-0 0.010 0.66
Anthracene 120-12-7 0.059 3.4
Aramite 140-57-8 0.36 NA
alpha-BHC 319-85-7 0.00014 0.066
beta-BHC 319-84-7 0.00014 0.066
delta-BHC 319-86-8 0.023 0.066
gamma-BHC 58-89-9 0.0017 0.066

Universal Treatment Standards
Wastewater Nonwastewater
Standard Standard
Concentration3 in mg/kg
Regulated Constituent/ CAS1 Concentration2 in unless noted as "mg/l
Common Name Number mg/l TCLP"
Benz(a)anthracene 56-55-3 0.059 3.4
Benzal chloride 98-87-3 0.055 6.0
Benzene 71-43-2 0.14 10
Benzo(b)fluoranthene (difficult to 205-99-2 0.11 6.8
distinguish from benzo(k)fluoranthene)
Benzo(k)fluoranthene (difficult to 207-08-9 0.11 6.8
distinguish from benzo(b)fluoranthene)
Benzo(g,h,i)perylene 191-24-2 0.0055 1.8
Benzo(a)pyrene 50-32-8 0.061 3.4
Bromodichloromethane 75-27-4 0.35 15
Bromomethane/Methyl bromide 74-83-9 0.11 15
4-Bromophenyl phenyl ether 101-55-3 0.055 15
n-Butyl alcohol 71-36-3 5.6 2.6
Butyl benzyl phthalate 85-68-7 0.017 28
2-sec-Butyl-4,6-dinitrophenol/ 88-85-7 0.066 2.5
Dinoseb
Carbon disulfide 75-15-0 3.8 4.8 mg/l TCLP
Carbon tetrachloride 56-23-5 0.057 6.0
Chlordane (alpha and gamma isomers) 57-74-9 0.0033 0.26
p-Chloroaniline 106-47-8 0.46 16
Chlorobenzene 108-90-7 0.057 6.0
Chlorobenzilate 510-15-6 0.10 NA
2-Chloro-1,3-butadiene 126-99-8 0.057 0.28
Chlorodibromomethane 124-48-1 0.057 15
Chloroethane 75-00-3 0.27 6.0
bis(2-Chloroethoxy)methane 111-91-1 0.036 7.2
bis(2-Chloroethyl)ether 111-44-4 0.033 6.0
2-Chloroethyl vinyl ether 110-75-8 0.062 NA
Chloroform 67-66-3 0.046 6.0
bis(2-Chloroisopropyl)ether 39638-32-9 0.055 7.2
p-Chloro-m-cresol 59-50-7 0.018 14
Chloromethane/methyl chloride 74-87-3 0.19 30
2-Chloronaphthalene 91-58-7 0.055 5.6
2-Chlorophenol 95-57-8 0.044 5.7
3-Chloropropylene 107-05-1 0.036 30
Chrysene 218-01-9 0.059 3.4
p-Cresidine 120-71-8 0.010 0.66
o-Cresol 95-48-7 0.11 5.6
m-Cresol (difficult to distinguish from 108-39-4 0.77 5.6

Universal Treatment Standards
Wastewater Nonwastewater
Standard Standard
Concentration3 in mg/kg
Regulated Constituent/ CAS1 Concentration2 in unless noted as "mg/l
Common Name Number mg/l TCLP"
p-cresol)
p-Cresol (difficult to distinguish from 106-44-5 0.77 5.6
m-cresol)
Cyclohexanone 108-94-1 0.36 0.75 mg/l TCLP
o,p'-DD 53-19-0 0.023 0.087
p,p'-DDD 72-54-8 0.023 0.087
o,p'-DDE 3424-82-6 0.031 0.087
p,p'-DDE 72-55-9 0.031 0.087
o,p'-DDT 789-02-6 0.0039 0.087
p,p'-DDT 50-29-3 0.0039 0.087
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Dibenz(a,e)pyrene 192-65-4 0.061 NA
1,2-Dibromo-3-chloropropane 96-12-8 0.11 15
1,2-Dibromoethane/Ethylene dibromide 106-93-4 0.028 15
Dibromomethane 74-95-3 0.11 15
m-Dichlorobenzene 541-73-1 0.036 6.0
o-Dichlorobenzene 95-50-1 0.088 6.0
p-Dichlorobenzene 106-46-7 0.090 6.0
Dichlorodifluoromethane 75-71-8 0.23 7.2
1,1-Dichloroethane 75-34-3 0.059 6.0
1,2-Dichloroethane 107-06-2 0.21 6.0
1,1-Dichloroethylene 75-35-4 0.025 6.0
trans-1,2-Dichloroethylene 156-60-5 0.054 30
2,4-Dichlorophenol 120-83-2 0.044 14
2,6-Dichlorophenol 87-65-0 0.044 14
2,4-Dichlorophenoxyacetic acid/2,4-D 94-75-7 0.72 10
1,2-Dichloropropane 78-87-5 0.85 18
cis-1,3-Dichloropropylene 10061-01-5 0.036 18
trans-1,3-Dichloropropylene 10061-02-6 0.036 18
Dieldrin 60-57-1 0.017 0.13
Diethyl phthalate 84-66-2 0.20 28
p-Dimethylaminoazobenzene 60-11-7 0.13 NA
2,4-Dimethylaniline (2,4-xylidine) 95-68-1 0.010 0.66
2-4-Dimethyl phenol 105-67-9 0.036 14
Dimethyl phthalate 131-11-3 0.047 28
Di-n-butyl phthalate 84-74-2 0.057 28
1,4-Dinitrobenzene 100-25-4 0.32 2.3
4,6-Dinitro-o-cresol 534-52-1 0.28 160

Universal Treatment Standards
Wastewater Nonwastewater
Standard Standard
Concentration3 in mg/kg
Regulated Constituent/ CAS1 Concentration2 in unless noted as "mg/l
Common Name Number mg/l TCLP"
2,4-Dinitrophenol 51-28-5 0.12 160
2,4-Dinitrotoluene 121-14-2 0.32 140
2,6-Dinitrotoluene 606-20-2 0.55 28
Di-n-octyl phthalate 117-84-0 0.017 28
Di-n-propylnitrosamine 621-64-7 0.40 14
1,4-Dioxane 123-91-1 12.0 170
Diphenylamine (difficult to distinguish 122-39-4 0.92 13
from diphenylnitrosamine)
Diphenylnitrosamine (difficult to 86-30-6 0.92 13
distinguish from diphenylamine)
1,2-Diphenylhydrazine 122-66-7 0.087 NA
Disulfoton 298-04-4 0.017 6.2
Endosulfan I 959-98-8 0.023 0.066
Endosulfan II 33213-65-9 0.029 0.13
Endosulfan sulfate 1031-07-8 0.029 0.13
Endrin 72-20-8 0.0028 0.13
Endrin aldehyde 7421-93-4 0.025 0.13
Ethyl acetate 141-78-6 0.34 33
Ethyl benzene 100-41-4 0.057 10
Ethyl cyanide/Propanenitrile 107-12-0 0.24 360
Ethyl ether 60-29-7 0.12 160
bis(2-Ethylhexyl)phthalate 117-81-7 0.28 28
Ethyl methacrylate 97-63-2 0.14 160
Ethylene oxide 75-21-8 0.12 NA
Famphur 52-85-7 0.017 15
Fluoranthene 206-44-0 0.068 3.4
Fluorene 86-73-7 0.059 3.4
Heptachlor 76-44-8 0.0012 0.066
Heptachlor epoxide 1024-57-3 0.016 0.066
1,2,3,4,6,7,8-Heptachlorodibenzo- 35822-46-9 0.000035 0.0025
p-dioxin (1,2,3,4,6,7,8-HpCDD)
1,2,3,4,6,7,8-Heptachlorodibenzo 67562-39-4 0.000035 0.0025
furan (1,2,3,4,6,7,8-HpCDF)
1,2,3,4,7,8,9-Heptachloro 55673-89-7 0.000035 0.0025
dibenzofuran (1,2,3,4,7,8,9-HpCDF)
Hexachlorobenzene 118-74-1 0.055 10
Hexachlorocyclopentadiene 77-47-4 0.057 2.4
Hexachloroethane 67-72-1 0.055 30
Hexachloropropylene 1888-71-7 0.035 30

Universal Treatment Standards
Wastewater Nonwastewater
Standard Standard
Concentration3 in mg/kg
Regulated Constituent/ CAS1 Concentration2 in unless noted as "mg/l
Common Name Number mg/l TCLP"
HxCDDs (All NA 0.000063 0.001
Hexachlorodibenzo-p-dioxins)
HxCDFs (All NA 0.000063 0.001
Hexachlorodibenzofurans)
Indeno (1,2,3-c,d) pyrene 193-39-5 0.0055 3.4
Iodomethane 74-88-4 0.19 65
Isobutyl alcohol 78-83-1 5.6 170
Isodrin 465-73-6 0.021 0.066
Isosafrole 120-58-1 0.081 2.6
Kepone 143-50-0 0.0011 0.13
Methacrylonitrile 126-98-7 0.24 84
Methanol 67-56-1 5.6 0.75 mg/l TCLP
Methapyrilene 91-80-5 0.081 1.5
Methoxychlor 72-43-5 0.25 0.18
Methyl ethyl ketone 78-93-3 0.28 36
Methyl isobutyl ketone 108-10-1 0.14 33
Methyl methacrylate 80-62-6 0.14 160
Methyl methansulfonate 66-27-3 0.018 NA
Methyl parathion 298-00-0 0.014 4.6
3-Methylchloranthrene 56-49-5 0.0055 15
4,4-Methylene bis(2-chloroaniline) 101-14-4 0.50 30
Methylene chloride 75-09-2 0.089 30
Naphthalene 91-20-3 0.059 5.6
2-Naphthylamine 91-59-8 0.52 NA
o-Nitroaniline 88-74-4 0.27 14
p-Nitroaniline 100-01-6 0.028 28
Nitrobenzene 98-95-3 0.068 14
5-Nitro-o-toluidine 99-55-8 0.32 28
o-Nitrophenol 88-75-5 0.028 13
p-Nitrophenol 100-02-7 0.12 29
N-Nitrosodiethylamine 55-18-5 0.40 28
N-Nitrosodimethylamine 62-75-9 0.40 2.3
N-Nitroso-di-n-butylamine 924-16-3 0.40 17
N-Nitrosomethylethylamine 10595-95-6 0.40 2.3
N-Nitrosomorpholine 59-89-2 0.40 2.3
N-Nitrosopiperidine 100-75-4 0.013 35
N-Nitrosopyrrolidine 930-55-2 0.013 35
1,2,3,4,6,7,8,9-Octachlorodibenzo- 3268-87-9 0.000063 0.005
p-dioxin (OCDD)

Universal Treatment Standards
Wastewater Nonwastewater
Standard Standard
Concentration3 in mg/kg
Regulated Constituent/ CAS1 Concentration2 in unless noted as "mg/l
Common Name Number mg/l TCLP"
1,2,3,4,6,7,8,9-Octachlorodibenzo 39001-02-0 0.000063 0.005
furan (OCDF)
Parathion 56-38-2 0.014 4.6
Total PCBs (sum of all PCB isomers, or 1336-36-3 0.10 10
all Aroclors)8
Pentachlorobenzene 608-93-5 0.055 10
PeCDDs (All NA 0.000063 0.001
Pentachlorodibenzo-p-dioxins)
PeCDFs (All NA 0.000035 0.001
Pentachlorodibenzo-furans)
Pentachloroethane 76-01-7 0.055 6.0
Pentachloronitrobenzene 82-68-8 0.055 4.8
Pentachlorophenol 87-86-5 0.089 7.4
Phenacetin 62-44-2 0.081 16
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
1,3-Phenylenediamine 108-45-2 0.010 0.66
Phorate 298-02-2 0.021 4.6
Phthalic acid 100-21-0 0.055 28
Phthalic anhydride 85-44-9 0.055 28
Pronamide 23950-58-5 0.093 1.5
Pyrene 129-00-0 0.067 8.2
Pyridine 110-86-1 0.014 16
Safrole 94-59-7 0.081 22
Silvex/2,4,5-TP 93-72-1 0.72 7.9
1,2,4,5-Tetrachlorobenzene 95-94-3 0.055 14
TCDDs (All NA 0.000063 0.001
Tetrachlorodibenzo-p-dioxins)
TCDFs (All Tetrachlorodibenzofurans) NA 0.000063 0.001
1,1,1,2-Tetrachloroethane 630-20-6 0.057 6.0
1,1,2,2-Tetrachloroethane 79-34-5 0.057 6.0
Tetrachloroethylene 127-18-4 0.056 6.0
2,3,4,6-Tetrachlorophenol 58-90-2 0.030 7.4
Toluene 108-88-3 0.080 10
Toxaphene 8001-35-2 0.0095 2.6
Tribromomethane/Bromoform 75-25-2 0.63 15
1,2,4-Trichlorobenzene 120-82-1 0.055 19
1,1,1-Trichlorethane 71-55-6 0.054 6.0
1,1,2-Trichlorethane 79-00-5 0.054 6.0

Universal Treatment Standards
Wastewater Nonwastewater
Standard Standard
Concentration3 in mg/kg
Regulated Constituent/ CAS1 Concentration2 in unless noted as "mg/l
Common Name Number mg/l TCLP"
Trichloroethylene 79-01-6 0.054 6.0
Trichlorofluoromethane 75-69-4 0.020 30
2,4,5-Trichlorophenol 95-95-4 0.18 7.4
2,4,6-Trichlorophenol 88-06-2 0.035 7.4
2,4,5-Trichlorophenoxyacetic 93-76-5 0.72 7.9
acid/2,4,5-T
1,2,3-Trichloropropane 96-18-4 0.85 30
1,1,2-Trichloro-1,2,2-trifluoroethane 76-13-1 0.057 30
tris-(2,3-Dibromopropyl) phosphate 126-72-7 0.11 0.10
Vinyl chloride 75-01-4 0.27 6.0
Xylenes-mixed isomers (sum of o-, m-, 1330-20-7 0.32 30
and p-xylene concentrations)
II. Inorganic Constituents:
Antimony 7440-36-0 1.9 1.15 mg/l TCLP
Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
Barium 7440-39-3 1.2 21 mg/l TCLP
Beryllium 7440-41-7 0.82 1.22 mg/l TCLP
Cadmium 7440-43-9 0.69 0.11 mg/l TCLP
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Cyanides (Total)4 57-12-5 1.2 590
Cyanides (Amenable)4 57-12-5 0.86 30
Fluoride5 16984-48-8 35 NA
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Mercury--Nonwastewater from Retort 7439-97-6 NA 0.20 mg/l TCLP
Mercury--All Others 7439-97-6 0.15 0.025 mg/l TCLP
Nickel 7440-02-0 3.98 11 mg/l TCLP
Selenium7 7782-49-2 0.82 5.7 mg/l TCLP
Silver 7440-22-4 0.43 0.14 mg/l TCLP
Sulfide5 18496-25-8 14 NA
Thallium 7440-28-0 1.4 0.20 mg/l TCLP
Vanadium5 7440-62-2 4.3 1.6 mg/l TCLP
Zinc5 7440-66-6 2.61 4.3 mg/l TCLP
1 CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a
combination of a chemical with its salts and/or esters, the CAS number is given for the parent compound only.
2 Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples.
3 Except for Metals (Extraction procedure or toxicity characteristic leaching procedure) and cyanides (total and
amenable) the nonwastewater treatment standards expressed as a concentration were established, in part, based
upon incineration in units operated in accordance with the technical requirements of sections 33.1-24-05-144 through
33.1-24-05-159, and the applicable requirements under subsection 5 of section 33.1-24-06-16, or based upon
combustion in fuel substitution units operating in accordance with applicable technical requirements. A facility may
comply with these treatment standards according to provisions in subsection 4 of section 33.1-24-05-280. All

Universal Treatment Standards
Wastewater Nonwastewater
Standard Standard
Concentration3 in mg/kg
Regulated Constituent/ CAS1 Concentration2 in unless noted as "mg/l
Common Name Number mg/l TCLP"
concentration standards for nonwastewaters are based on analysis of grab samples.
4 Both cyanides (total) and cyanides (amenable) for nonwastewaters are to be analyzed using Method 9010C or
9012B, found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", environmental protection
agency publication SW-846, as incorporated by reference in section 33.1-24-01-05, with a sample size of 10 grams
and a distillation time of one hour and fifteen minutes.
5 These constituents are not "underlying hazardous constituents" in characteristic wastes, according to the definition at
subsection 10 of section 33.1-24-05-251.
6 [Reserved]
7 This constituent is not an underlying hazardous constituent as defined in subsection 10 of section 33.1-24-05-251
because its UTS level is greater than its toxicity characteristic level, thus a treated selenium waste would always be
characteristically hazardous, unless it is treated to below its characteristic level.
8 This standard is temporarily deferred for soil exhibiting a hazardous characteristic due to D004 through D011 only.
Note: NA means not applicable.
History: Effective January 1, 2019.
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
### § 33.1-24-05-289. Alternative land disposal restriction treatment standards for contaminated

soil.
1. Applicability. The generator or treatment, storage, or disposal facility must comply with land
disposal restrictions prior to placing soil that exhibits a characteristic of hazardous waste, or
exhibited a characteristic of hazardous waste at the time soil that exhibits or exhibited a
characteristic of hazardous waste was generated, into a land disposal unit. The following chart
describes whether the generator or treatment, storage, or disposal facility must comply with
land disposal restrictions prior to placing soil contaminated by listed hazardous waste into a
land disposal unit:
And if land disposal
If land disposal restrictions restrictions And if Then you
Applied to the listed waste Apply to the listed waste Must comply with the land
when it contaminated the now. disposal restrictions.
soil*.
Did not apply to the listed Apply to the listed waste The soil is determined to Must comply with the land
waste when it now. contain a listed waste disposal restrictions.
contaminated the soil*. when the soil is first
generated.
Did not apply to the listed Apply to the listed waste The soil is determined not Need not comply with the
waste when it now. to contain a listed waste land disposal restrictions.
contaminated the soil*. when the soil is first
generated.
Did not apply to the listed Do not apply to the listed Need not comply with the
waste when it waste now. land disposal restrictions.
contaminated the soil*.
*For dates of land disposal restriction applicability, see appendix XI to chapter 33.1-24-05. To determine the date
any given listed hazardous waste contaminated any given volume of soil, use the last date any given listed
hazardous waste was placed into any given land disposal unit or, in the case of an accidental spill, the date of the

spill.
2. Prior to land disposal, contaminated soil identified by subsection 1 as needing to comply with
land disposal restrictions must be treated according to the applicable treatment standards
specified in subsection 3 or according to the universal treatment standards specified in section
characteristic of hazardous waste if the soil is characteristic, or both. The treatment standards
specified in subsection 3 and the universal treatment standards may be modified through a
treatment variance approved in accordance with section 33.1-24-05-284.
3. Treatment standards for contaminated soils. Prior to land disposal, contaminated soil identified
by subsection 1 as needing to comply with land disposal restrictions must be treated
according to all the standards specified in this subsection or according to the universal
treatment standards specified in section 33.1-24-05-288.
a. All soils. Prior to land disposal, all constituents subject to treatment must be treated as
follows:
(1) For nonmetals, except carbon disulfide, cyclohexanone, and methanol, treatment
must achieve ninety percent reduction in total constituent concentrations, except as
provided by paragraph 3.
(2) For metals and carbon disulfide, cyclohexanone, and methanol, treatment must
achieve ninety percent reduction in constituent concentrations as measured in
leachate from the treated media (tested according to the toxicity characteristic
leaching procedure) or ninety percent reduction in total constituent concentrations
(when a metal removal treatment technology is used), except as provided by
paragraph 3.
(3) When treatment of any constituent subject to treatment to a ninety percent reduction
standard would result in a concentration less than ten times the universal treatment
standard for that constituent, treatment to achieve constituent concentrations less
than ten times the universal treatment standard is not required. Universal treatment
standards are identified in table "universal treatment standards" in section
33.1-24-05-288.
b. Soils that exhibit the characteristic of ignitability, corrosivity, or reactivity. In addition to the
treatment required by subdivision a, prior to land disposal, soils that exhibit the
characteristic of ignitability, corrosivity, or reactivity must be treated to eliminate these
characteristics.
c. Soils that contain nonanalyzable constituents. In addition to the treatment requirements
of subdivisions a and b, prior to land disposal, the following treatment is required for soils
that contain nonanalyzable constituents:
(1) For soil that contains only analyzable and nonanalyzable organic constituents,
treatment of the analyzable constituents to the levels specified in subdivisions a
and b; or
(2) For soil that contains only nonanalyzable constituents, treatment by the method or
methods specified in section 33.1-24-05-282 for the waste contained in the soil.
4. Constituents subject to treatment. When applying the soil treatment standards in subsection 3,
constituents subject to treatment are any constituents listed in section 33.1-24-05-288, table
"universal treatment standards" that are reasonably expected to be present in any given
volume of contaminated soil, except fluoride, selenium, sulfides, vanadium, and zinc, and are

present at concentrations greater than ten times the universal treatment standard.
Polychlorinated biphenyls are not a constituent subject to treatment in any given volume of
soil which exhibits the toxicity characteristic solely because of the presence of metals.
5. Management of treatment residuals. Treatment residuals from treating contaminated soil
identified by subsection 1 as needing to comply with land disposal restrictions must be
managed as follows:
a. Soil residuals are subject to the treatment standards of this section;
b. Nonsoil residuals are subject to:
(1) For soils contaminated by listed hazardous waste, the article 33.1-24 standards
applicable to the listed hazardous waste; and
(2) For soils that exhibit a characteristic of hazardous waste, if the nonsoil residual also
exhibits a characteristic of hazardous waste, the treatment standards applicable to
the characteristic hazardous waste.
History: Effective January 1, 2019.
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
### § 33.1-24-05-290. Prohibitions on storage of restricted wastes.

1. Except as provided in this section, the storage of hazardous wastes restricted from land
disposal under sections 33.1-24-05-266 through 33.1-24-05-279 is prohibited, unless the
following conditions are met:
a. A generator stores such wastes in tanks, containers, or containment buildings onsite
solely for the purpose of the accumulation of such quantities of hazardous waste as
necessary to facilitate proper recovery, treatment, or disposal and the generator complies
with the requirements in sections 33.1-24-03-28 or 33.1-24-03-29, chapter 33.1-24-05,
and the applicable requirements of subsection 5 of section 33.1-24-06-16;
b. An owner or operator of a hazardous waste treatment, storage, or disposal facility stores
such wastes in tanks, containers, or containment buildings solely for the purpose of the
accumulation of such quantities of hazardous waste as necessary to facilitate proper
recovery, treatment, or disposal and:
(1) Each container is clearly marked to identify its contents and with:
(a) The words "hazardous waste";
(b) The applicable environmental protection agency hazardous waste number
(environmental protection agency hazardous waste codes) identified in chapter
33.1-24-02; or use a nationally recognized electronic system, such as bar
coding, to identify the environmental protection agency hazardous waste
numbers;
(c) An indication of the hazards of the contents (examples include the applicable
hazardous waste characteristic (i.e., ignitable, corrosive, reactive, toxic);
hazard communication consistent with the department of transportation
requirements at 49 CFR part 172 subpart E (labeling) or subpart F
(placarding); a hazard statement or pictogram consistent with the occupational
safety and health administration hazard communication standard at 29 CFR

1910.1200; or a chemical hazard label consistent with the National Fire
Protection Association Code 704); and
(d) The date each period of accumulation begins.
c. A transporter stores manifested shipments of such wastes at a transfer facility for ten
days or less.
d. A health care facility accumulates such wastes in containers onsite solely for the purpose
of the accumulation of such quantities of hazardous waste pharmaceuticals as necessary
to facilitate proper recovery, treatment, or disposal and the health care facility complies
with the applicable requirements of sections 33.1-24-05-312 and 33.1-24-05-313.
e. A reverse distributor accumulates such wastes in containers onsite solely for the purpose
of the accumulation of such quantities of hazardous waste pharmaceuticals as necessary
to facilitate proper recovery, treatment, or disposal and the reverse distributor complies
with section 33.1-24-05-320.
2. An owner or operator of a treatment, storage, or disposal facility may store such wastes for up
to one year unless the department can demonstrate that such storage was not solely for the
purpose of accumulation of such quantities of hazardous wastes as are necessary to facilitate
proper recovery, treatment, or disposal.
3. An owner or operator of a treatment, storage, or disposal facility may store such wastes
beyond one year; however, the owner or operator bears the burden of proving that such
storage was solely for the purpose of accumulation of such quantities of hazardous wastes as
are necessary to facilitate proper recovery, treatment, or disposal.
4. If a generator's waste is exempt from a prohibition on the type of land disposal utilized for the
waste, for example, because of an approved case-by-case extension under section
33.1-24-05-254, or a national capacity variance under sections 33.1-24-05-266 through
33.1-24-05-279, the prohibition in subsection 1 does not apply during the period of such
exemption.
5. The prohibition in subsection 1 does not apply to hazardous wastes that meet the treatment
standard specified under sections 33.1-24-05-281, 33.1-24-05-282, and 33.1-24-05-283 or the
treatment standard specified under the variance in section 33.1-24-05-284, or, where
treatment standards have not been specified, is in compliance with the applicable prohibitions
specified in section 33.1-24-04-272 or Resource Conservation and Recovery Act section
3004.
6. Liquid hazardous wastes containing polychlorinated biphenyls at concentrations greater than
or equal to fifty parts per million must be stored at a facility that meets the requirements of
40 CFR 761.65(b) and must be removed from storage and treated or disposed as required
under sections 33.1-24-05-250 through 33.1-24-05-299 within one year of the date when such
wastes are first placed into storage. The provisions of subsection 3 do not apply to such
polychlorinated biphenyls wastes prohibited under section 33.1-24-05-272.
7. The prohibition and requirements in this section do not apply to hazardous remediation wastes
stored in a staging pile approved pursuant to section 33.1-24-05-554.
History: Effective January 1, 2019; amended effective July 1, 2020; July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-291. [Reserved].


### § 33.1-24-05-292. [Reserved].

### § 33.1-24-05-293. [Reserved].

### § 33.1-24-05-294. [Reserved].

### § 33.1-24-05-295. [Reserved].

### § 33.1-24-05-296. [Reserved].

### § 33.1-24-05-297. [Reserved].

### § 33.1-24-05-298. [Reserved].

### § 33.1-24-05-299. [Reserved].

### § 33.1-24-05-300. Applicability to miscellaneous units.

Sections 33.1-24-05-300 through 33.1-24-05-309 apply to owners and operators of facilities that
treat, store, or dispose of hazardous waste in miscellaneous units, except as section 33.1-24-05-01
provides otherwise.
History: Effective January 1, 2019.
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
### § 33.1-24-05-301. Environmental performance standards.

A miscellaneous unit must be located, designed, constructed, operated, maintained, and closed in
a manner that will ensure protection of human health and the environment. Permits for miscellaneous
units are to contain such terms and provisions as necessary to protect human health and the
environment, including as appropriate, design and operating requirements, detection and monitoring
requirements, and requirements for responses to releases of hazardous waste or hazardous
constituents from the unit. Permit terms and provisions must include those requirements of sections
33.1-24-06, 40 CFR part 63, subpart EEE, and 40 CFR part 146 that are appropriate for the
miscellaneous unit being permitted. Protection of human health and the environment includes:
1. Prevention of any releases that may have adverse effects on human health or the
environment due to migration of waste constituents in the ground water or subsurface
environment, considering:
a. The volume and physical and chemical characteristics of the waste in the unit, including
its potential for migration through soil, liners, or other containing structures;
b. The hydrologic and geologic characteristics of the unit and the surrounding area;
c. The existing quality of ground water, including other sources of contamination and their
cumulative impact on the ground water;
d. The quantity and direction of ground water flow;

e. The proximity to and withdrawal rates of current and potential ground water users;
f. The patterns of land use in the region;
g. The potential for deposition or migration of waste constituents into subsurface physical
structures, and into the root zone of food chain crops and other vegetation;
h. The potential for health risks caused by human exposure to waste constituents; and
i. The potential for damage to domestic animals, wildlife, crops, vegetation, and physical
structures caused by exposure to waste constituents.
2. Prevention of any releases that may have adverse effects on human health or the
environment due to migration of waste constituents in surface water, or wetlands or on the soil
surface considering:
a. The volume and physical and chemical characteristics of the waste in the unit;
b. The effectiveness and reliability of containing, confining, and collecting systems in
structures in preventing migration;
c. The hydrologic characteristics of the unit and the surrounding area, including the
topography of the land around the unit;
d. The patterns of precipitation in the region;
e. The quantity, quality, and direction of ground water flow;
f. The proximity of the unit to surface waters;
g. The current and potential uses of nearby surface waters and any water quality standards
established for those surface waters;
h. The existing quality of surface waters and surface soils, including other sources of
contamination and their cumulative impact on surface waters and surface soils;
i. The patterns of land use in the region;
j. The potential for health risks caused by human exposure to waste constituents; and
k. The potential for damage to domestic animals, wildlife, crops, vegetation, and physical
structures caused by exposure to waste constituents.
3. Prevention of any release that may have adverse effects on human health or the environment
due to migration of waste constituents in the air, considering:
a. The volume and physical and chemical characteristics of the waste in the unit, including
its potential for the emission and dispersal of gases, aerosols, and particulate;
b. The effectiveness and reliability of systems and structures to reduce or prevent
emissions of hazardous constituents to the air;
c. The operating characteristics of the unit;
d. The atmospheric, meteorologic, and topographic characteristics of the unit and the
surrounding area;
e. The existing quality of the air, including other sources of contamination and their
cumulative impact on the air;

f. The potential for health risks caused by human exposure to waste constituents; and
g. The potential for damage to domestic animals, wildlife, crops, vegetation, and physical
structures caused by exposure to waste constituents.
History: Effective January 1, 2019.
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
### § 33.1-24-05-302. Monitoring, analysis, inspection, response, reporting, and corrective action.

Monitoring, testing, analytical data, inspections, response, and reporting procedures and
frequencies must ensure compliance with sections 33.1-24-05-06, 33.1-24-05-17, 33.1-24-05-42,
33.1-24-05-43, 33.1-24-05-44, 33.1-24-05-58, and 33.1-24-05-301 as well as meet any additional
requirements needed to protect human health and the environment as specified in the permit.
History: Effective January 1, 2019.
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
### § 33.1-24-05-303. Postclosure care.

A miscellaneous unit that is a disposal unit must be maintained in a manner that complies with
section 33.1-24-05-301 during the postclosure care period. In addition, if a treatment or storage unit
has contaminated soils or ground water that cannot be completely removed or decontaminated during
closure, then that unit must also meet the requirements of section 33.1-24-05-301 during postclosure
care. The postclosure plan under section 33.1-24-05-67 must specify the requirements that will be used
to satisfy this requirement.
History: Effective January 1, 2019.
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
### § 33.1-24-05-304. [Reserved].

### § 33.1-24-05-305. [Reserved].

### § 33.1-24-05-306. [Reserved].

### § 33.1-24-05-307. [Reserved].

### § 33.1-24-05-308. [Reserved].

### § 33.1-24-05-309. [Reserved].

### § 33.1-24-05-310. Definitions of terms used in sections 33.

1-24-05-310 through 33.1-24-05-320.
1. "Evaluated hazardous waste pharmaceuticals" means a prescription hazardous waste
pharmaceutical that has been evaluated by a reverse distributor in accordance with
paragraph c of subsection 1 of section 33.1-24-05-320 and will not be sent to another reverse
distributor for further evaluation or verification of manufacturer credit.

2. "Hazardous waste pharmaceutical" means a pharmaceutical that is a solid waste, as defined
in section 33.1-24-02-02, and exhibits one or more characteristics identified in sections
### § 33.1-24-02-19. A pharmaceutical is not a solid waste, as defined in section 33.

1-24-02-02, and
therefore is not a hazardous waste pharmaceutical, if it is legitimately used or reused, e.g.,
lawfully donated for its intended purpose, or reclaimed. An over-the-counter pharmaceutical,
dietary supplement, or homeopathic drug is not a solid waste, as defined in section
33.1-24-02-02, and therefore not a hazardous waste pharmaceutical, if it has a reasonable
expectation of being legitimately used or reused, e.g., lawfully redistributed for its intended
purpose, or reclaimed.
3. "Health care facility" means any person, by site, that is lawfully authorized to:
a. Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative
care, and counseling, service, assessment or procedure with respect to the physical or
mental condition, or functional status of a human or animal or that affects the structure or
function of the human or animal body; or
b. Distribute, sell, or dispense pharmaceuticals, including over-the-counter
pharmaceuticals, dietary supplements, homeopathic drugs, or prescription
pharmaceuticals. This includes wholesale distributors, third-party logistics providers that
serve as forward distributors, military medical logistics facilities, hospitals, psychiatric
hospitals, ambulatory surgical centers, health clinics, physicians' offices, optical and
dental providers, chiropractors, long-term care facilities, ambulance services,
pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of
pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not
include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.
4. "Household waste pharmaceutical" means a pharmaceutical that is a solid waste, as defined
in section 33.1-24-02-02, but is excluded from being a hazardous waste under paragraph a of
subsection 2 of section 33.1-24-02-04.
5. "Long-term care facility" means a licensed entity that provides assistance with activities of
daily living, including managing and administering pharmaceuticals to one or more individuals
at the facility. This definition includes hospice facilities, nursing facilities, skilled nursing
facilities, and the nursing and skilled nursing care portions of continuing care retirement
communities. Not included within the scope of this definition are group homes, independent
living communities, assisted living facilities, and the independent and assisted living portions
of continuing care retirement communities.
6. "Noncreditable hazardous waste pharmaceutical" means a prescription hazardous waste
pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer
credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable
expectation to be legitimately used, reused, or reclaimed. This includes investigational drugs,
free samples of pharmaceuticals received by health care facilities, residues of
pharmaceuticals remaining in empty containers, contaminated personal protective equipment,
floor sweepings, and cleanup material from the spills of pharmaceuticals.
7. "Nonhazardous waste pharmaceutical" means a pharmaceutical that is a solid waste, as
defined in section 33.1-24-02-02, and is not listed in sections 33.1-24-02-15 through
33.1-24-02-19, and does not exhibit a characteristic identified in sections 33.1-24-02-10
through 33.1-24-02-14.
8. "Nonpharmaceutical hazardous waste" means a solid waste, as defined in section
33.1-24-02-02, that is listed in sections 33.1-24-02-15 through 33.1-24-02-19, or exhibits one

or more characteristics identified in sections 33.1-24-02-10 through 33.1-24-02-14, but is not a
pharmaceutical, as defined in this section.
9. "Pharmaceutical" means any drug or dietary supplement for use by humans or other animals;
any electronic nicotine delivery system, e.g., electronic cigarette or vaping pen; or any liquid
nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems, e.g.,
prefilled cartridges or vials. This definition includes dietary supplements, as defined by the
Federal Food, Drug, and Cosmetic Act; prescription drugs, as defined by title 21, Code of
Federal Regulations, section 203.3(y); over-the-counter drugs; homeopathic drugs;
compounded drugs; investigational new drugs; pharmaceuticals remaining in nonempty
containers; personal protective equipment contaminated with pharmaceuticals; and cleanup
material from spills of pharmaceuticals. This definition does not include dental amalgam or
sharps.
10. "Potentially creditable hazardous waste pharmaceutical" means a prescription hazardous
waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is:
a. In original manufacturer packaging, except pharmaceuticals that were subject to a recall;
b. Undispensed; and
c. Unexpired or less than one year past expiration date. The term does not include
evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals,
including over-the-counter drugs, homeopathic drugs, and dietary supplements.
11. "Reverse distributor" means any person that receives and accumulates prescription
pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the
purpose of facilitating or verifying manufacturer credit. Any person, including forward
distributors, third-party logistics providers, and pharmaceutical manufacturers, that process
prescription pharmaceuticals for the facilitation or verification of manufacturer credit is
considered a reverse distributor.
History: Effective July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-311. Applicability.

1. A health care facility that is a very small quantity generator when counting all of its hazardous
waste, including both its hazardous waste pharmaceuticals and its nonpharmaceutical
hazardous waste, remains subject to section 33.1-24-03-26 and is not subject to sections
33.1-24-05-317, and the optional provisions of section 33.1-24-05-314.
2. A health care facility that is a very small quantity generator when counting all of its hazardous
waste, including both its hazardous waste pharmaceuticals and its nonpharmaceutical
hazardous waste, has the option of complying with subsection 4 for the management of its
hazardous waste pharmaceuticals as an alternative to complying with section 33.1-24-03-26
and the optional provisions of section 33.1-24-05-314.
3. A health care facility or reverse distributor remains subject to all applicable hazardous waste
regulations with respect to the management of its nonpharmaceuticals hazardous waste.
4. With the exception of health care facilities identified in subsection 1, a health care facility is
subject to the following in lieu of chapters 33.1-24-03 and 33.1-24-04, and sections

a. Sections 33.1-24-05-312 and 33.1-24-05-315 through 33.1-24-05-318 with respect to the
management of:
(1) Noncreditable hazardous waste pharmaceuticals; and
(2) Potentially creditable hazardous waste pharmaceuticals if they are not destined for
a reverse distributor.
b. Subsection 1 of section 33.1-24-05-312, section 33.1-24-05-313, sections
management of potentially creditable hazardous waste pharmaceuticals that are
prescription pharmaceuticals and are destined for a reverse distributor.
5. A reverse distributor is subject to sections 33.1-24-05-310 through 33.1-24-05-320 in lieu of
chapters 33.1-24-03 and 33.1-24-04, and sections 33.1-24-05-01 through 33.1-24-05-190,
respect to the management of hazardous waste pharmaceuticals.
6. Hazardous waste pharmaceuticals generated or managed by entities other than health care
facilities and reverse distributors, e.g., pharmaceutical manufacturers and reverse logistics
centers, are not subject to sections 33.1-24-05-310 through 33.1-24-05-320. Other generators
are subject to chapter 33.1-24-03 for the generation and accumulation of hazardous wastes,
including hazardous waste pharmaceuticals.
7. The following are not subject to chapters 33.1-24-01 through 33.1-24-07 except as specified:
a. Pharmaceuticals that are not solid waste, as defined by section 33.1-24-02-02, because
they are legitimately used or reused, e.g., lawfully donated for their intended purpose, or
reclaimed.
b. Over-the-counter pharmaceuticals, dietary supplements, or homeopathic drugs that are
not solid wastes as defined by section 33.1-24-02-02 because they have a reasonable
expectation of being legitimately used or reused, e.g., lawfully redistributed for their
intended purpose, or reclaimed.
c. Pharmaceuticals being managed in accordance with a recall strategy that has been
approved by the food and drug administration in accordance with title 21, Code of
Federal Regulations, part 7, subpart C. This subpart does apply to the management of
the recalled hazardous waste pharmaceuticals after the food and drug administration
approves the destruction of the recalled items.
d. Pharmaceuticals being managed in accordance with a recall corrective action plan that
has been accepted by the consumer product safety commission in accordance with
title 16, Code of Federal Regulations, part 1115. Sections 33.1-24-05-310 through
pharmaceuticals after the consumer product safety commission approves the destruction
of the recalled items.
e. Pharmaceuticals stored according to a preservation order, or during an investigation or
judicial proceeding until after the preservation order, investigation, or judicial proceeding,
has concluded or a decision is made to discard the pharmaceuticals.

f. Investigational new drugs for which an investigational new drug application is in effect in
accordance with the food and drug administration's regulations in title 21, Code of
Federal Regulations, part 312. Sections 33.1-24-05-310 through 33.1-24-05-320 apply to
the management of the investigational new drug after the decision is made to discard the
investigational new drug or the food and drug administration approves the destruction of
the investigational new drug, if the investigational new drug is a hazardous waste.
g. Household waste pharmaceuticals, including those that have been collected by an
authorized collector, as defined by the drug enforcement administration, provided the
authorized collector complies with the conditional exemption in subdivision a of
subsection 1 of section 33.1-24-05-316 and subsection 2 of section 33.1-24-05-316.
History: Effective July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-312. Standards for health care facilities managing noncreditable hazardous waste

pharmaceuticals.
1. Notification and withdrawal from sections 33.1-24-05-310 through 33.1-24-05-320 for health
care facilities managing hazardous waste pharmaceuticals.
a. Notification. A health care facility must notify the department using the site identification
form (environmental protection agency form 8700-12), that it is a health care facility
operating under sections 33.1-24-05-310 through 33.1-24-05-320. A health care facility is
not required to fill out box 10.B. (waste codes for federally regulated hazardous waste) of
the site identification form with respect to its hazardous waste pharmaceuticals. A health
care facility must submit a separate notification (site identification form) for each site or
environmental protection agency identification number.
(1) A health care facility that already has an environmental protection agency
identification number shall notify the department using the site identification form
(environmental protection agency form 8700-12) that it is a health care facility as
part of its next biennial report, if it is required to submit one; or if not required to
submit a biennial report, within sixty days of July 1, 2021, or within sixty days of
becoming subject to this subpart.
(2) A health care facility that does not have an environmental protection agency
identification number shall obtain one by notifying the department, using the site
identification form (environmental protection agency form 8700-12), that it is a
health care facility as part of its next biennial report, if it is required to submit one; or
if not required to submit a biennial report, within sixty days of July 1, 2021, or within
sixty days of becoming subject to this subpart.
(3) A health care facility must keep a copy of its notification on file for as long as the
health care facility is subject to sections 33.1-24-05-310 through 33.1-24-05-320.
b. Withdrawal. A health care facility that operated under sections 33.1-24-05-310 through
33.1-24-05-320, but is no longer subject to these requirements, because it is a very small
quantity generator operating under section 33.1-24-03-26 and elects to withdraw from
this subpart, shall notify the department using the site identification form (environmental
protection agency form 8700-12) that it is no longer operating under these sections. A
health care facility is not required to fill out box 10.B. (waste codes for federally regulated
hazardous waste) of the site identification form with respect to its hazardous waste
pharmaceuticals. A health care facility shall submit a separate notification (site
identification form) for each environmental protection agency identification number.

(1) A health care facility must submit the site identification form notifying that it is
withdrawing from these requirements before it begins operating under the conditions
for exemption in section 33.1-24-03-26.
(2) A health care facility shall keep a copy of its withdrawal on file for three years from
the date of signature on the notification of its withdrawal.
2. Training of personnel managing noncreditable hazardous waste pharmaceuticals at
health care facilities. A health care facility shall ensure all personnel that manage
noncreditable hazardous waste pharmaceuticals are thoroughly familiar with proper waste
handling and emergency procedures relevant to their responsibilities during normal facility
operations and emergencies.
3. Hazardous waste determination for noncreditable pharmaceuticals. A health care facility
that generates a solid waste that is a noncreditable pharmaceutical shall determine whether
that pharmaceutical is a hazardous waste pharmaceutical (i.e., it exhibits a characteristic
identified in sections 33.1-24-02-10 through 33.1-24-02-14 or is listed in sections
requirements in sections 33.1-24-05-310 through 33.1-24-05-320. A health care facility may
choose to manage its nonhazardous waste pharmaceuticals as noncreditable hazardous
waste pharmaceuticals under these requirements.
4. Standards for containers used to accumulate noncreditable hazardous waste
pharmaceuticals at health care facilities.
a. A health care facility shall place noncreditable hazardous waste pharmaceuticals in a
container that is structurally sound, compatible with its contents, and that lacks evidence
of leakage, spillage, or damage that could cause leakage under reasonably foreseeable
conditions.
b. A health care facility that manages ignitable or reactive noncreditable hazardous waste
pharmaceuticals, or that mixes or commingles incompatible noncreditable hazardous
waste pharmaceuticals shall manage the container so that it does not have the potential
to:
(1) Generate extreme heat or pressure, fire or explosion, or violent reaction;
(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to
threaten human health;
(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a
risk of fire or explosions;
(4) Damage the structural integrity of the container of noncreditable hazardous waste
pharmaceuticals; or
(5) Through other like means threaten human health or the environment.
c. A health care facility shall keep containers of noncreditable hazardous waste
pharmaceuticals closed and secured in a manner that prevents unauthorized access to
its contents.
d. A health care facility may accumulate noncreditable hazardous waste pharmaceuticals
and nonhazardous noncreditable waste pharmaceuticals in the same container, except
that noncreditable hazardous waste pharmaceuticals prohibited from being combusted
because of the dilution prohibition of section 33.1-24-05-252 must be accumulated in

separate containers and labeled with all applicable hazardous waste numbers, i.e.,
hazardous waste codes.
5. Labeling containers used to accumulate noncreditable hazardous waste
pharmaceuticals at health care facilities. A health care facility shall label or clearly mark
each container of noncreditable hazardous waste pharmaceuticals with the phrase
"Hazardous Waste Pharmaceuticals".
6. Maximum accumulation time for noncreditable hazardous waste pharmaceuticals at
health care facilities.
a. A health care facility may accumulate noncreditable hazardous waste pharmaceuticals
on site for one year or less without a permit.
b. A health care facility that accumulates noncreditable hazardous waste pharmaceuticals
onsite shall demonstrate the length of time that the noncreditable hazardous waste
pharmaceuticals have been accumulating, starting from the date it first becomes a waste.
A health care facility may make this demonstration by any of the following methods:
(1) Making or labeling the container of noncreditable hazardous waste pharmaceuticals
with the date that the noncreditable hazardous waste pharmaceuticals became a
waste;
(2) Maintaining an inventory system that identifies the date the noncreditable hazardous
waste pharmaceuticals being accumulated first became a waste; or
(3) Placing the noncreditable hazardous waste pharmaceuticals in a specific area and
identifying the earliest date any of the noncreditable hazardous waste
pharmaceuticals in the area became a waste.
7. Land disposal restrictions for noncreditable hazardous waste pharmaceuticals. The
noncreditable hazardous waste pharmaceuticals generated by a health care facility are
subject to the land disposal restrictions of sections 33.1-24-05-250 through 33.1-24-05-309. A
health care facility that generates noncreditable hazardous waste pharmaceuticals shall
comply with the land disposal restrictions in accordance with subsection 1 of section
numbers (i.e., hazardous waste codes) on the land disposal restrictions notification.
8. Procedures for health care facilities for managing rejected shipments of noncreditable
hazardous waste pharmaceuticals. A health care facility that sends a shipment of
noncreditable hazardous waste pharmaceuticals to a designated facility with the
understanding that the designated facility can accept and manage the waste, and later
receives that shipment back as a rejected load in accordance with the manifest discrepancy
provisions of section 33.1-24-05-39 may accumulate the returned noncreditable hazardous
waste pharmaceuticals onsite for up to an additional ninety days provided the rejected or
returned shipment is managed in accordance with subsections 4 and 5. Upon receipt of the
returned shipment, the health care facility shall:
a. Sign either:
(1) Item 18c of the original manifest, if the original manifest was used for the return
shipment; or
(2) Item 20 of the new manifest, if a new manifest was used for the returned shipment.
b. Provide the transporter a copy of the manifest;

c. Within thirty days of receipt of the rejected shipment, send a copy of the manifest to the
designated facility that returned the shipment to the health care facility; and
d. Within ninety days of receipt of the rejected shipment, transport or offer for transport the
returned shipment in accordance with the shipping standards of subsection 1 of section
33.1-24-05-318.
9. Reporting by health care facilities for noncreditable hazardous waste pharmaceuticals.
a. Biennial reporting by health care facilities. Health care facilities are not subject to biennial
reporting requirements under section 33.1-24-03-14, with respect to noncreditable
hazardous waste pharmaceuticals managed under sections 33.1-24-05-310 through
33.1-24-05-320.
b. Exception reporting by health care facilities for a missing copy of the manifest.
(1) For shipments from a health care facility to a designated facility, if a health care
facility does not receive a copy of the manifest with the signature of the owner or
operator of the designated facility within sixty days of the date of the noncreditable
hazardous waste pharmaceuticals were accepted by the initial transporter, the
health care facility shall submit:
(a) A legible copy of the original manifest, indicating the health care facility has not
received confirmation of delivery, to the department; and
(b) A handwritten or typed note on the manifest itself, or on an attached sheet of
paper, stating the return copy was not received and explaining the efforts taken
to locate the noncreditable hazardous waste pharmaceuticals and the results
of those efforts.
(2) For shipments rejected by the designated facility and shipped to an alternate facility,
if a health care facility does not receive a copy of the manifest for a rejected
shipment of the noncreditable hazardous waste pharmaceuticals that is forwarded
by the designated facility to an alternate facility using appropriate manifest
procedures, with the signature of the owner or operator of the alternate facility,
within sixty days of the date the noncreditable hazardous waste was accepted by
the initial transporter forwarding the shipment of noncreditable hazardous waste
pharmaceuticals from the designated facility to the alternate facility, the health care
facility shall submit:
(a) A legible copy of the original manifest, indicating the health care facility has not
received confirmation of delivery, to the department; and
(b) A handwritten or typed note on the manifest itself, or on an attached sheet of
paper, stating the return copy was not received and explaining the efforts taken
to locate the noncreditable hazardous waste pharmaceuticals and the results
of those efforts.
c. Additional reports. The department may require health care facilities to furnish additional
reports concerning the quantities and disposition of noncreditable hazardous waste
pharmaceuticals.
10. Recordkeeping by health care facilities for noncreditable hazardous waste
pharmaceuticals.
a. A health care facility shall keep a copy of each manifest signed in accordance with
subsection 1 of section 33.1-24-03-07 for three years or until it receives a signed copy

from the designated facility which received the noncreditable hazardous waste
pharmaceuticals. This signed copy must be retained as a record for at least three years
from the date the waste was accepted by the initial transporter.
b. A health care facility shall keep a copy of each exception report for a period of at least
three years from the date of the report.
c. A health care facility shall keep records of any test results, waste analyses, or other
determinations made to support its hazardous waste determination consistent with
subsection 6 of section 33.1-24-03-02 for at least three years from the date the waste
was last sent to an onsite or offsite treatment, storage, or disposal. A health care facility
that manages all of its noncreditable nonhazardous waste pharmaceuticals as
noncreditable hazardous waste pharmaceuticals is not required to keep documentation
of hazardous waste determinations.
d. The periods of retention referred to in this section are extended automatically during the
course of any unresolved enforcement action regarding the regulated activity, or as
requested by the department.
e. All records must be readily available upon request by an inspector.
11. Response to spills of noncreditable hazardous waste pharmaceuticals at health care
facilities. A health care facility immediately shall contain all spills of noncreditable hazardous
waste pharmaceuticals and manage the spill cleanup materials as noncreditable hazardous
waste pharmaceuticals in accordance with the requirements in sections 33.1-24-05-310
through 33.1-24-05-320.
12. Accepting noncreditable hazardous waste pharmaceuticals from an offsite health care
facility that is a very small quantity generator. A health care facility may accept
noncreditable hazardous waste pharmaceuticals from an offsite health care facility that is a
very small quantity generator under section 33.1-24-03-26 without a permit or without having
interim status, provided the receiving health care facility:
a. Is under the control of the same person, as defined in section 33.1-24-03-26, as the very
small quantity generator health care facility that is sending the noncreditable hazardous
waste pharmaceuticals offsite ("control", for the purposes of this section means the
power to direct the policies of the health care facility, whether by the ownership of stock,
voting rights, or otherwise, except that contractors who operate health care facilities on
behalf of a different person as defined in section 33.1-24-03-26 may not be deemed to
"control" such health care facilities) or has a contractual or other documented business
relationship whereby the receiving health care facility supplies pharmaceuticals to the
very small quantity generator health care facility;
b. Is operating under this section for the management of its noncreditable hazardous waste
pharmaceuticals;
c. Manages the noncreditable hazardous waste pharmaceuticals that it receives from offsite
in compliance with sections 33.1-24-05-310 through 33.1-24-05-320; and
d. Keeps records of the noncreditable hazardous waste pharmaceuticals shipments it
receives from offsite for three years from the date that the shipment is received.
History: Effective July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19

### § 33.1-24-05-313. Standards for health care facilities managing potentially creditable

hazardous waste pharmaceuticals.
1. Hazardous waste determination for potentially creditable pharmaceuticals. A health care
facility that generates a solid waste that is a potentially creditable pharmaceutical shall
determine whether the potentially creditable pharmaceutical is a potentially creditable
hazardous waste pharmaceutical, i.e., it is listed in sections 33.1-24-02-15 through
### § 33.1-24-02-14. A health care facility may choose to manage its potentially creditable

nonhazardous waste pharmaceuticals as potentially creditable hazardous waste
pharmaceuticals under sections 33.1-24-05-310 through 33.1-24-05-320.
2. Accepting potentially creditable hazardous waste pharmaceuticals from an offsite
health care facility that is a very small quantity generator. A health care facility may accept
potentially creditable hazardous waste pharmaceuticals from an offsite health care facility that
is a very small quantity generator under section 33.1-24-03-26 without a permit, provided the
receiving health care facility:
a. Is under the control of the same person, as defined in section 33.1-24-03-26, as the very
small quantity generator health care facility that is sending the potentially creditable
hazardous waste pharmaceuticals offsite, or has a contractual or other documented
business relationship whereby the receiving health care facility supplies pharmaceuticals
to the very small quantity generator health care facility;
b. Is operating under sections 33.1-24-05-310 through 33.1-24-05-320 for the management
of its potentially creditable hazardous waste pharmaceuticals;
c. Manages the potentially creditable hazardous waste pharmaceuticals that it receives
from offsite in compliance with sections 33.1-24-05-310 through 33.1-24-05-320; and
d. Keeps records of the potentially creditable hazardous waste shipments it receives from
offsite for three years from the date that the shipment is received.
3. Prohibition. Health care facilities are prohibited from sending hazardous wastes other than
potentially creditable hazardous waste pharmaceuticals to a reverse distributor.
4. Biennial reporting by health care facilities. Health care facilities are not subject to biennial
reporting requirements under section 33.1-24-03-14 with respect to potentially creditable
hazardous waste pharmaceuticals managed under this subpart.
5. Recordkeeping by health care facilities.
a. A health care facility that initiates a shipment of potentially creditable hazardous waste
pharmaceuticals to a reverse distributor shall keep the following records, paper or
electronic, for each shipment of potentially creditable hazardous waste pharmaceuticals
for three years from the date of shipment:
(1) The confirmation of delivery; and
(2) The shipping papers prepared in accordance with title 49, Code of Federal
Regulations, part 172, subpart C, if applicable.
b. The periods of retention referred to in this section are extended automatically during any
unresolved enforcement action regarding the regulated activity, or as requested by the
department.
c. All records must be readily available upon request by an inspector.

6. Response to spills of potentially creditable hazardous waste pharmaceuticals at health
care facilities. A health care facility immediately shall contain all spills of potentially creditable
hazardous waste pharmaceuticals and manage the spill cleanup materials as noncreditable
hazardous waste pharmaceuticals in accordance with sections 33.1-24-05-310 through
33.1-24-05-320.
History: Effective July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-314. Health care facilities that are very small quantity generators for both

hazardous waste pharmaceuticals and nonpharmaceuticals hazardous waste.
1. Potentially creditable hazardous waste pharmaceuticals. A health care facility that is a
very small quantity generator for both hazardous waste pharmaceuticals and
nonpharmaceutical hazardous waste may send its potentially creditable hazardous waste
pharmaceuticals to a reverse distributor.
2. Offsite collection of hazardous waste pharmaceuticals generated by a health care
facility that is a very small quantity generator. A health care facility that is a very small
quantity generator for both hazardous waste pharmaceuticals and nonpharmaceutical
hazardous waste may send its hazardous waste pharmaceuticals offsite to another health
care facility, provided:
a. The receiving health care facility meets the conditions in subsection 12 of section
b. The very small quantity generator health care facility meets the conditions in paragraph g
of subsection 5 of section 33.1-24-03-26 and the receiving large quantity generator
meets the conditions in subsection 4 of section 33.1-24-03-29.
3. Long-term care facilities that are very small quantity generators. A long-term care facility
that is a very small quantity generator for both hazardous waste pharmaceuticals and
nonpharmaceutical hazardous waste may dispose of its hazardous waste pharmaceuticals,
excluding contaminated personal protective equipment or cleanup materials, in an onsite
collection receptacle of an authorized collector, as defined by the drug enforcement
administration, that is registered with the drug enforcement administration provided the
contents are collected, stored, transported, destroyed, and disposed of in compliance with all
applicable drug enforcement administration regulations for controlled substances.
4. Long-term care facilities with twenty beds or fewer. A long-term care facility with twenty
beds or fewer is presumed to be a very small quantity generator subject to section
waste and not subject to sections 33.1-24-05-310 through 33.1-24-05-320, except for sections
department has the responsibility to demonstrate that long-term care facility with twenty beds
or fewer generates quantities of hazardous waste in excess of the very small quantity
generator limits defined in subsection 167 of section 33.1-24-01-04. A long-term care facility
with more than twenty beds that operates as a very small quantity generator under section
very small quantity generator limits as defined in subsection 167 of section 33.1-24-01-04.
History: Effective July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19

### § 33.1-24-05-315. Prohibition of sewering hazardous waste pharmaceuticals.

All health care facilities, including very small quantity generators operating under section
hazardous waste pharmaceuticals to a sewer system that passes through to a publicly owned
treatment works. Health care facilities and reverse distributors remain subject to the prohibitions in
section 33.1-16-01.1.
History: Effective July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-316. Conditional exemptions for hazardous waste pharmaceuticals that are also

controlled substances and household waste pharmaceuticals collected in a take back event or
program.
1. Conditional exemptions. Provided the conditions of subsection 2 are met, the following are
exempt from the requirements in chapters 33.1-24-02 through 33.1-24-07:
a. Hazardous waste pharmaceuticals that are also listed on a schedule of controlled
substances by the drug enforcement administration in title 21, Code of Federal
Regulations, part 1308; and
b. Household hazardous waste pharmaceuticals that are collected in a take back event or
program, including those that are collected by an authorized collector, as defined by the
drug enforcement administration, registered with the drug enforcement administration
that commingles the household waste pharmaceuticals with controlled substances from
an ultimate user, as defined by the drug enforcement administration.
2. Conditions for exemption. The hazardous waste pharmaceuticals must be:
a. Managed in compliance with the sewer prohibition of section 33.1-24-05-315;
b. Collected, stored, transported, and disposed of in compliance with all applicable drug
enforcement administration regulations for controlled substances; and
c. Destroyed by a method that the drug enforcement administration has publicly deemed in
writing to meet their nonretrievable standard of destruction or combusted at one of the
following:
(1) A permitted large municipal waste combustor, subject to title 40, Code of Federal
Regulations, part 62, subpart FFF or applicable state plan for existing large
municipal waste combustors, or title 40, Code of Federal Regulations, part 60,
subpart Eb for new large municipal waste combustors;
(2) A permitted small municipal waste combustor, subject to title 40, Code of Federal
Regulations, part 62, subpart JJJ or applicable state plan for existing small
municipal waste combustors, or title 40, Code of Federal Regulations, part 60,
subpart AAAA for new small municipal waste combustors;
(3) A permitted hospital, medical, and infectious waste incinerator, subject to title 40,
Code of Federal Regulations, part 62 subpart HHH or applicable state plan for
existing hospital, medical, and infectious waste incinerators, or title 40, Code of
Federal Regulations, part 60, subpart Ec for new hospital, medical, and infectious
waste incinerators;

(4) A permitted commercial and industrial solid waste incinerator, subject to title 40,
Code of Federal Regulations, part 62, subpart III or applicable state plan for existing
commercial and industrial solid waste incinerators, or title 40, Code of Federal
Regulations, part 60, subpart CCCC for new commercial and industrial solid waste
incinerators; or
(5) A permitted hazardous waste combustor subject to title 40 Code of Federal
Regulations, part 63, subpart EEE.
History: Effective July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-317. Residues of hazardous waste pharmaceuticals in empty containers.

1. Stock, dispensing, and unit-dose containers. A stock bottle, dispensing bottle, vial, or
ampule, not to exceed one liter or ten thousand pills; or a unit-dose container, e.g., a unit-dose
packet, cup, wrapper, blister pack, or delivery device, is considered empty and the residues
are not regulated as hazardous waste provided the pharmaceuticals have been removed from
the stock bottle, dispensing bottle, vial, ampule, or the unit-dose container using the practices
commonly employed to remove materials from that type of container.
2. Syringes. A syringe is considered empty and the residues are not regulated as hazardous
waste under sections 33.1-24-05-310 through 33.1-24-05-320 provided the contents have
been removed by fully depressing the plunger of the syringe. If a syringe is not empty, the
syringe must be placed with its remaining hazardous waste pharmaceuticals into a container
that is managed and disposed of as a noncreditable hazardous waste pharmaceutical under
these requirements and any applicable federal, state, and local requirements for sharps
containers and medical waste.
3. Intravenous (IV) bags. An IV bag is considered empty and the residues are not regulated as
hazardous waste provided the pharmaceuticals in the IV bag have been fully administered to
a patient. If an IV bag is not empty, the IV bag must be placed with its remaining hazardous
waste pharmaceuticals into a container that is managed and disposed of as a noncreditable
hazardous waste pharmaceutical under sections 33.1-24-05-310 through 33.1-24-05-320,
unless the IV bag held nonacute hazardous waste pharmaceuticals and is empty as defined in
subsection 3 of section 33.1-24-02-07.
4. Other containers, including delivery devices. Hazardous waste pharmaceuticals remaining
in all other types of unused, partially administered, or fully administered containers must be
managed as noncreditable hazardous waste pharmaceuticals under sections 33.1-24-05-310
through 33.1-24-05-320, unless the container held nonacute hazardous waste
pharmaceuticals and is empty as defined in subsection 3 or 4 of section 33.1-24-02-07. This
includes residues in inhalers, aerosol cans, nebulizers, tubes of ointments, gels, or creams.
History: Effective July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-318. Shipping noncreditable hazardous waste pharmaceuticals from a health care

facility or evaluated hazardous waste pharmaceuticals from a reverse distributor.
1. Shipping noncreditable hazardous waste pharmaceuticals or evaluated hazardous
waste pharmaceuticals. A health care facility shall ship noncreditable hazardous waste
pharmaceuticals and a reverse distributor shall ship evaluated hazardous waste

pharmaceuticals offsite to a designated facility, such as a permitted or interim status
treatment, storage, or disposal facility, in compliance with:
a. The following pretransport requirements, before transporting or offering for transport
offsite:
(1) Packaging. Package the waste in accordance with the applicable department of
transportation regulations on hazardous materials under title 49, Code of Federal
Regulations, parts 173, 178, and 180.
(2) Labeling. Label each package in accordance with the applicable department of
transportation regulations on hazardous materials under title 49, Code of Federal
Regulations, part 172, subpart E.
(3) Marking.
(a) Mark each package of hazardous waste pharmaceuticals in accordance with
the applicable department of transportation regulations on hazardous materials
under title 49, Code of Federal Regulations, part 172 subpart D;
(b) Mark each container of one hundred nineteen gallons [450.46 liters] or less
used in such transportation with the following words and information in
accordance with the requirements of title 49, Code of Federal Regulations,
section 172.304:
[1] "HAZARDOUS WASTE - Federal Law Prohibits Improper Disposal. If
found, contact the nearest police or public safety authority or the United
States Environmental Protection Agency.";
[2] The health care facility's or reverse distributor's name and address;
[3] The health care facility's or reverse distributor's environmental protection
agency identification number; and
[4] "Manifest tracking number _____."
(c) Laboratory packs that will be incinerated in compliance with subsection 3 of
section 33.1-24-05-285 not required to be marked with environmental
protection agency hazardous waste numbers, except D004, D005, D006,
D007, D008, D010, and D011, where applicable. A nationally recognized
electronic system, such as bar coding or radio frequency identification, may be
used to identify the environmental protection agency hazardous waste
numbers.
(4) Placarding. Placard or offer the initial transporter the appropriate placards according
to department of transportation regulations for hazardous materials under title 49,
Code of Federal Regulations, part 172, subpart F.
b. The manifest requirements of sections 33.1-24-03-04 through 33.1-24-03-07, except that:
(1) A health care facility shipping noncreditable hazardous waste pharmaceuticals is not
required to list all applicable hazardous waste numbers, i.e., hazardous waste
codes, in item 13 of environmental protection agency form 8700-22.
(2) A health care facility shipping noncreditable hazardous waste pharmaceuticals shall
write the word "PHARMS" in item 13 of environmental protection agency form
8700-22.

2. Exporting noncreditable hazardous waste pharmaceuticals or evaluated hazardous
waste pharmaceuticals. A health care facility or reverse distributor that exports noncreditable
hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals is subject
to sections 33.1-24-03-50 through 33.1-24-03-59.
3. Importing noncreditable hazardous waste pharmaceuticals or evaluated hazardous
waste pharmaceuticals. Any person that imports noncreditable hazardous waste
pharmaceuticals or evaluated hazardous waste pharmaceuticals is subject to sections
accept imported noncreditable hazardous waste pharmaceuticals or evaluated hazardous
waste pharmaceuticals unless they have a permit that allows them to accept hazardous waste
from offsite.
History: Effective July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-319. Shipping potentially creditable hazardous waste pharmaceuticals from a

health care facility or a reverse distributor to a reverse distributor.
1. Shipping potentially creditable hazardous waste pharmaceuticals. A health care facility or
a reverse distributor who transports or offers for transport potentially creditable hazardous
waste pharmaceuticals offsite to a reverse distributor must comply with all applicable United
States department of transportation regulations title 49, Code of Federal Regulations, part 171
through 180 for any potentially creditable hazardous waste pharmaceutical that meets the
definition of a hazardous material in title 49, Code of Federal Regulations, section 171.8. For
purposes of the department of transportation regulations, a material is considered a
hazardous waste if it is subject to the hazardous waste manifest requirements of sections
pharmaceutical does not require a manifest, it is not considered a hazardous waste under
department of transportation regulations.
2. Delivery confirmation. Upon receipt of each shipment of potentially creditable hazardous
waste pharmaceuticals, the receiving reverse distributor must provide confirmation, paper or
electronic, to the health care facility or reverse distributor that initiated the shipment that the
shipment of potentially creditable hazardous waste pharmaceuticals has arrived at its
destination and is under the custody and control of the reverse distributor.
3. Procedures for when delivery confirmation is not received within thirty-five days. If a
health care facility or reverse distributor initiates a shipment of potentially creditable hazardous
waste pharmaceuticals to a reverse distributor and does not receive delivery confirmation
within thirty-five calendar days from the date that the shipment of potentially creditable
hazardous waste pharmaceuticals was sent, the health care facility or reverse distributor that
initiated the shipment shall contact the carrier and the intended recipient, i.e., the reverse
distributor, promptly to report that the delivery confirmation was not received to determine the
status of the potentially creditable hazardous waste pharmaceuticals.
4. Exporting potentially creditable hazardous waste pharmaceuticals. A health care facility
or reverse distributor that sends potentially creditable hazardous waste pharmaceuticals to a
foreign destination shall comply with the applicable sections 33.1-24-03-50 through
33.1-24-03-59, except the manifesting requirements of subsection 3 of section 33.1-24-03-53,
in addition to subsections 1 through 3.
5. Importing potentially creditable hazardous waste pharmaceuticals. Any person that
imports potentially creditable hazardous waste pharmaceuticals into the United States is
subject to subsections 1 through 3 in lieu of sections 33.1-24-03-50 through 33.1-24-03-59.

Immediately after the potentially creditable hazardous waste pharmaceuticals enter the United
States, they are subject to all applicable requirements of sections 33.1-24-05-310 through
33.1-24-05-320.
History: Effective July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-320. Standards for the management of potentially creditable hazardous waste

pharmaceuticals and evaluated hazardous waste pharmaceuticals at reverse distributors.
A reverse distributor may accept potentially creditable hazardous waste pharmaceuticals from
offsite and accumulate potentially creditable hazardous waste pharmaceuticals or evaluated hazardous
waste pharmaceuticals onsite without a hazardous waste permit, provided it complies with the following
conditions:
1. Standards for reverse distributors managing potentially creditable hazardous waste
pharmaceuticals and evaluated hazardous waste pharmaceuticals.
a. Notification. A reverse distributor shall notify the department using the site identification
form (environmental protection agency form 8700-12) that it is a reverse distributor
operating under sections 33.1-24-05-310 through 33.1-24-05-320.
(1) A reverse distributor that already has an environmental protection agency
identification number shall notify the department using the site identification form
(environmental protection agency form 8700-12) that it is a reverse distributor, as
defined in section 33.1-24-05-310, within sixty days of July 1, 2021, or within sixty
days of becoming subject to the requirements in sections 33.1-24-05-310 through
33.1-24-05-320.
(2) A reverse distributor that does not have an environmental protection agency
identification number shall obtain one by notifying the department using the site
identification form (environmental protection agency form 8700-12) that it is a
reverse distributor, as defined in section 33.1-24-05-310, within 60 days of July 1,
2021, or within sixty days of becoming subject to the requirements in sections
b. Inventory by the reverse distributor. A reverse distributor shall maintain a current
inventory of all potentially creditable hazardous waste pharmaceuticals and evaluated
hazardous waste pharmaceuticals that are accumulated onsite.
(1) A reverse distributor shall inventory each potentially creditable hazardous waste
pharmaceutical within thirty calendar days of each waste arriving at the reverse
distributor.
(2) The inventory must include the identity, e.g., the name or national drug code, and
quantity of each potentially creditable hazardous waste pharmaceutical and
evaluated hazardous waste pharmaceutical.
(3) If the reverse distributor already meets the inventory requirements of this paragraph
because of other regulatory requirements, such as state board of pharmacy
regulations, the facility is not required to provide a separate inventory pursuant to
this subsection.
c. Evaluation by a reverse distributor that is not a manufacturer. A reverse distributor that is
not a pharmaceutical manufacturer shall evaluate a potentially creditable hazardous
waste pharmaceutical within thirty calendar days of the waste arriving at the reverse

distributor to establish whether it is destined for another reverse distributor for further
evaluation or verification of manufacturer credit or for a permitted or interim status
treatment, storage, or disposal facility.
(1) A potentially creditable hazardous waste pharmaceutical that is destined for another
reverse distributor is still considered a "potentially creditable hazardous waste
pharmaceutical" and must be managed in accordance with subsection 2.
(2) A potentially creditable hazardous waste pharmaceutical that is destined for a
permitted or interim status treatment, storage, or disposal facility is considered an
"evaluated hazardous waste pharmaceutical" and must be managed in accordance
with subsection 3.
d. Evaluation by a reverse distributor that is a manufacturer. A reverse distributor that is a
pharmaceutical manufacturer shall evaluate a potentially creditable hazardous waste
pharmaceutical to verify manufacturer credit within thirty calendar days of the waste
arriving at the facility and following the evaluation must manage the evaluated hazardous
waste pharmaceutical in accordance with subsection 3.
e. Maximum accumulation time for hazardous waste pharmaceuticals at a reverse
distributor.
(1) A reverse distributor may accumulate potentially creditable hazardous waste
pharmaceuticals and evaluated hazardous waste pharmaceuticals onsite for one
hundred eighty calendar days or less. The one hundred eighty days start after the
potentially creditable hazardous waste pharmaceutical has been evaluated and
applies to all hazardous waste pharmaceuticals accumulated onsite, regardless of
whether they are destined for another reverse distributor, i.e., potentially creditable
hazardous waste pharmaceuticals, or a permitted treatment, storage, or disposal
facility, i.e., evaluated hazardous waste pharmaceuticals.
(2) Unexpired pharmaceuticals that are otherwise creditable but are awaiting their
expiration date, i.e., aging in a holding morgue, can be accumulated for up to one
hundred eighty days after the expiration date, provided the unexpired
pharmaceuticals are managed in accordance with subsection 1 and the applicable
container labeling and management standards in subsection 3.
f. Security at the reverse distributor facility. A reverse distributor shall prevent unknowing
entry and minimize the possibility for the unauthorized entry into the portion of the facility
where potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
waste pharmaceuticals are kept.
(1) Examples of methods that may be used to prevent unknowing entry and minimize
the possibility for unauthorized entry include:
(a) A twenty-four-hour continuous monitoring surveillance system;
(b) An artificial barrier, such as a fence; or
(c) A means to control entry, such as keycard access.
(2) If the reverse distributor already meets the security requirements of this subdivision
because of other regulatory requirements, the facility is not required to provide
separate security measures pursuant to this section.
g. Contingency plan and emergency procedures at a reverse distributor. A reverse
distributor that accepts potentially creditable hazardous waste pharmaceuticals from

offsite shall prepare a contingency plan and comply with the other requirements of
sections 33.1-24-05-15 through 33.1-24-05-36.
h. Closure of a reverse distributor. When closing an area where a reverse distributor
accumulates potentially creditable hazardous waste pharmaceuticals or evaluated
hazardous waste pharmaceuticals, the reverse distributor shall comply with the
requirements in paragraphs 2 and 3 of subdivision h of subsection 1 of section
33.1-24-03-29.
i. Reporting by a reverse distributor.
(1) Unauthorized waste report. A reverse distributor shall submit an unauthorized waste
report if the reverse distributor receives waste from offsite that it is not authorized to
receive, e.g., nonpharmaceutical hazardous waste, regulated medical waste. The
reverse distributor shall prepare and submit an unauthorized waste report to the
department within forty-five calendar days after the unauthorized waste arrives at
the reverse distributor and shall send a copy of the unauthorized waste report to the
health care facility, or other entity, that sent the unauthorized waste. The reverse
distributor shall manage the unauthorized waste in accordance with all applicable
regulations. The unauthorized waste report must be signed by the owner or operator
of the reverse distributor, or its authorized representative, and contain the following
information:
(a) The environmental protection agency identification number, name, and
address of the reverse distributor;
(b) The date the reverse distributor received the unauthorized waste;
(c) The environmental protection agency identification number, name, and
address of the health care facility that shipped the unauthorized waste, if
available;
(d) A description of the type and quantity of each unauthorized waste received;
(e) The method of treatment, storage, or disposal for each unauthorized waste
received; and
(f) A brief explanation of why the waste was unauthorized, if known.
(2) Additional reports. The department may require reverse distributors to furnish
additional reports concerning the quantities and disposition of potentially creditable
hazardous waste pharmaceuticals and evaluated hazardous waste
pharmaceuticals.
j. Recordkeeping by reverse distributors. A reverse distributor shall keep the following
records, paper or electronic, readily available upon request by an inspector. The periods
of retention referred to in this section are extended automatically during the course of any
unresolved enforcement action regarding regulated activity, or as requested by the
department.
(1) A copy of its notification on file for as long as the facility is subject to sections
(2) A copy of the delivery confirmation and the shipping papers for each shipment of
potentially creditable hazardous waste pharmaceuticals that it receives, and a copy
of each unauthorized waste report, for at least three years from the date the
shipment arrives at the reverse distributor;

(3) A copy of its current inventory for as long as the facility is subject to sections
2. Additional standards for reverse distributors managing potentially creditable
hazardous waste pharmaceuticals destined for another reverse distributor. A reverse
distributor that does not have a permit must comply with the following conditions, in addition to
the requirements in subsection 1, for the management of potentially creditable hazardous
waste pharmaceuticals that are destined for another reverse distributor for further evaluation
or verification of manufacturer credit:
a. A reverse distributor that receive potentially creditable hazardous waste pharmaceuticals
from a health care facility shall send those potentially creditable hazardous waste
pharmaceuticals to another reverse distributor within one hundred eighty days after the
potentially creditable hazardous waste pharmaceuticals have been evaluated or follow
subsection 3 for evaluated hazardous waste pharmaceuticals.
b. A reverse distributor that receives potentially creditable hazardous waste
pharmaceuticals from another reverse distributor shall send those potentially creditable
hazardous waste pharmaceuticals to a reverse distributor that is a pharmaceutical
manufacturer within one hundred eighty days after the potentially creditable hazardous
waste pharmaceuticals have been evaluated or follow subsection 3 for evaluated
hazardous waste pharmaceuticals.
c. A reverse distributor shall ship potentially creditable hazardous waste pharmaceuticals
destined for another reverse distributor in accordance with section 33.1-24-05-319.
d. Recordkeeping by reverse distributors. A reverse distributor shall keep the following
records, paper or electronic, readily available upon request by an inspector for each
shipment of potentially creditable hazardous waste pharmaceuticals that it initiates to
another reverse distributor, for at least three years from the date of shipment. The
periods of retention referred to in this section are extended automatically during the
course of any unresolved enforcement action regarding the regulated activity, or as
requested by the department.
(1) The confirmation of delivery; and
(2) The department of transportation shipping papers prepared in accordance with
title 49, Code of Federal Regulations, part 172, subpart C, if applicable.
3. Additional standards for reverse distributors managing evaluated hazardous waste
pharmaceuticals. A reverse distributor that does not have a permit shall comply with the
following conditions, in addition to the requirements of subsection 1 of this section, for the
management of evaluated hazardous waste pharmaceuticals:
a. Accumulation area at the reverse distributor. A reverse distributor shall designate an
onsite accumulation area where it will accumulate evaluated hazardous waste
pharmaceuticals.
b. Inspection of onsite accumulation area. A reverse distributor shall inspect its onsite
accumulation area at least once every seven days, looking at containers for leaks and for
deterioration caused by corrosion or other factors, as well as for signs of diversion.
c. Personnel training at a reverse distributor. Personnel at a reverse distributor that handle
evaluated hazardous waste pharmaceuticals are subject to the training requirements of
subdivision g of subsection 1 of section 33.1-24-03-29.

d. Labeling and management of containers at onsite accumulation areas. A reverse
distributor accumulating evaluated hazardous waste pharmaceuticals in containers in an
onsite accumulation area shall:
(1) Label the containers with the words "hazardous waste pharmaceuticals";
(2) Ensure the containers are in good condition and managed to prevent leaks;
(3) Use containers that are made of or lined with materials that will not react with, and
are otherwise compatible with, the evaluated hazardous waste pharmaceuticals, so
that the ability of the container to contain the waste is not impaired;
(4) Keep containers closed, if holding liquid or gel evaluated hazardous waste
pharmaceuticals. If the liquid or gel evaluated hazardous waste pharmaceuticals are
in their original, intact, sealed packaging; or repackaged in intact, sealed packaging,
they are considered to meet the container closed standard;
(5) Manage any container of ignitable or reactive evaluated hazardous waste
pharmaceuticals, or any container of commingled incompatible evaluated hazardous
waste pharmaceuticals so that the container does not have the potential to:
(a) Generate extreme heat or pressure, fire or explosion, or violent reaction;
(b) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities
to threaten human health;
(c) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose
a risk of fire or explosions;
(d) Damage the structural integrity of the container of hazardous waste
pharmaceuticals; or
(e) Through other like means threaten human health or the environment.
(6) Accumulate evaluated hazardous waste pharmaceuticals that are prohibited from
being combusted because of the dilution prohibition of subsection 3 of section
evaluated hazardous waste pharmaceuticals at the reverse distributor.
e. Hazardous waste numbers. Prior to shipping evaluated hazardous waste
pharmaceuticals offsite, all containers must be marked with the applicable hazardous
waste number, i.e., hazardous waste codes. A nationally recognized electronic system,
such as bar coding or radio frequency identification, may be used to identify the
environmental protection agency hazardous waste number.
f. Shipments. A reverse distributor must ship evaluated hazardous waste pharmaceuticals
that are destined for a permitted or interim status treatment, storage, or disposal facility in
accordance with the applicable shipping standards in subsection 1 or 2 of section
33.1-24-05-318.
g. Procedures for a reverse distributor for managing rejected shipments. A reverse
distributor that sends a shipment of evaluated hazardous waste pharmaceuticals to a
designated facility with the understanding that the designated facility can accept and
manage the waste, and later receives that shipment back as a rejected load in
accordance with the manifest discrepancy provisions of section 33.1-24-05-39, may
accumulate the returned evaluated hazardous waste pharmaceuticals onsite for up to an
additional ninety days in the onsite accumulation area provided the rejected or returned

shipment is managed in accordance with subsections 1 and 3. Upon receipt of the
returned shipment, the reverse distributor must:
(1) Sign either:
(a) Item 18c of the original manifest, if the original manifest was used for the
returned shipment; or
(b) Item 20 of the new manifest, if a new manifest was used for the returned
shipment;
(2) Provide the transporter a copy of the manifest;
(3) Within thirty days of receipt of the rejected shipment of evaluated hazardous waste
pharmaceuticals, send a copy of the manifest to the designated facility that returned
the shipment to the reverse distributor; and
(4) Within ninety days of receipt of the rejected shipment, transport or offer for transport
the returned shipment of evaluated hazardous waste pharmaceuticals in
accordance with the applicable shipping standards of subsection 1 or 2 of section
33.1-24-05-318.
h. Land disposal restrictions. Evaluated hazardous waste pharmaceuticals are subject to
the land disposal restrictions of sections 33.1-24-05-250 through 33.1-24-05-299. A
reverse distributor that accepts potentially creditable hazardous waste pharmaceuticals
from offsite must comply with the land disposal restrictions in accordance with
subsection 1 of section 33.1-24-05-256.
i. Reporting by a reverse distributor for evaluated hazardous waste pharmaceuticals.
(1) Biennial reporting by a reverse distributor. A reverse distributor that ships evaluated
hazardous waste pharmaceuticals offsite shall prepare and submit a single copy of
a biennial report to the department by March first of each even-numbered year in
accordance with section 33.1-24-03-14.
(2) Exception reporting by a reverse distributor for a missing copy of the manifest.
(a) For shipments from a reverse distributor to a designated facility.
[1] If a reverse distributor does not receive a copy of the manifest with the
signature of the owner or operator of the designated facility within
thirty-five days of the date the evaluated hazardous waste
pharmaceuticals were accepted by the initial transporter, the reverse
distributor shall contact the transporter or the owner or operator of the
designated facility to determine the status of the evaluated hazardous
waste pharmaceuticals.
[2] A reverse distributor shall submit an exception report to the department if
it has not received a copy of the manifest with the signature of the owner
or operator of the designated facility within forty-five days of the date the
evaluated hazardous waste pharmaceutical was accepted by the initial
transporter. The exception report must include:
[a] A legible copy of the manifest for which the reverse distributor does
not have confirmation of delivery; and

[b] A cover letter signed by the reverse distributor, or its authorized
representative, explaining the efforts taken to locate the evaluated
hazardous waste pharmaceuticals and the results of those efforts.
(b) For shipments rejected by the designated facility and shipped to an alternate
facility.
[1] A reverse distributor that does not receive a copy of the manifest with the
signature of the owner or operator of the alternate facility within thirty-five
days of the date the evaluated hazardous waste pharmaceuticals were
accepted by the initial transporter shall contact the transporter or the
owner or operator of the alternate facility to determine the status of the
hazardous waste. The thirty-five-day time frame begins the date the
evaluated hazardous waste pharmaceuticals are accepted by the
transporter forwarding the hazardous waste shipment from the designated
facility to the alternate facility.
[2] A reverse distributor shall submit an exception report to the department if
it has not received a copy of the manifest with the signature of the owner
or operator of the alternate facility within forty-five days of the date the
evaluated hazardous waste pharmaceuticals were accepted by the initial
transporter. The forty-five-day time frame begins the date the evaluated
hazardous waste pharmaceuticals are accepted by the transporter
forwarding the hazardous waste pharmaceutical shipment from the
designated facility to the alternate facility. The exception report must
include:
[a] A legible copy of the manifest for which the generator does not have
confirmation of delivery; and
[b] A cover letter signed by the reverse distributor, or its authorized
representative, explaining the efforts taken to locate the evaluated
hazardous waste pharmaceuticals and the results of those efforts.
j. Recordkeeping by a reverse distributor for evaluated hazardous waste pharmaceuticals.
(1) A reverse distributor must keep a log, written or electronic, of the inspections of the
onsite accumulation area, required by subdivision b of subsection 2. This log must
be retained as a record for at least three years from the date of inspection.
(2) A reverse distributor shall keep a copy of each manifest signed in accordance with
subsection 1 of section 33.1-24-03-07 for three years or until it receives a signed
copy from the designated facility that received the evaluated hazardous waste
pharmaceutical. This signed copy must be retained as a record for at least three
years from the date the evaluated hazardous waste pharmaceutical was accepted
by the initial transporter.
(3) A reverse distributor shall keep a copy of each biennial report for at least three
years from the due date of the report.
(4) A reverse distributor shall keep a copy of each exception report for at least three
years from the submission of the report.
(5) A reverse distributor shall keep records to document personnel training, in
accordance with paragraph 5 of subdivision g of subsection 1 of section
33.1-24-03-29.

(6) All records must be readily available upon request by an inspector. The periods of
retention referred to in this section are extended automatically during the course of
any unresolved enforcement action regarding the regulated activity, or as requested
by the department.
4. When a reverse distributor must have a permit. A reverse distributor is an operator of a
hazardous waste treatment, storage, or disposal facility and is subject to the requirements of
chapters 33.1-24-03 through 33.1-24-07, if the reverse distributor:
a. Does not meet the conditions of this section;
b. Accepts manifested hazardous waste from offsite; or
c. Treats or disposes of hazardous waste pharmaceuticals onsite.
History: Effective July 1, 2021.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-321. [Reserved].

### § 33.1-24-05-322. [Reserved].

### § 33.1-24-05-323. [Reserved].

### § 33.1-24-05-324. [Reserved].

### § 33.1-24-05-325. [Reserved].

### § 33.1-24-05-326. [Reserved].

### § 33.1-24-05-327. [Reserved].

### § 33.1-24-05-328. [Reserved].

### § 33.1-24-05-329. [Reserved].

### § 33.1-24-05-330. [Reserved].

### § 33.1-24-05-331. [Reserved].

### § 33.1-24-05-332. [Reserved].

### § 33.1-24-05-333. [Reserved].

### § 33.1-24-05-334. [Reserved].

### § 33.1-24-05-335. [Reserved].


### § 33.1-24-05-336. [Reserved].

### § 33.1-24-05-337. [Reserved].

### § 33.1-24-05-338. [Reserved].

### § 33.1-24-05-339. [Reserved].

### § 33.1-24-05-340. [Reserved].

### § 33.1-24-05-341. [Reserved].

### § 33.1-24-05-342. [Reserved].

### § 33.1-24-05-343. [Reserved].

### § 33.1-24-05-344. [Reserved].

### § 33.1-24-05-345. [Reserved].

### § 33.1-24-05-346. [Reserved].

### § 33.1-24-05-347. [Reserved].

### § 33.1-24-05-348. [Reserved].

### § 33.1-24-05-349. [Reserved].

### § 33.1-24-05-350. [Reserved].

### § 33.1-24-05-351. [Reserved].

### § 33.1-24-05-352. [Reserved].

### § 33.1-24-05-353. [Reserved].

### § 33.1-24-05-354. [Reserved].

### § 33.1-24-05-355. [Reserved].

### § 33.1-24-05-356. [Reserved].


### § 33.1-24-05-357. [Reserved].

### § 33.1-24-05-358. [Reserved].

### § 33.1-24-05-359. [Reserved].

### § 33.1-24-05-360. [Reserved].

### § 33.1-24-05-361. [Reserved].

### § 33.1-24-05-362. [Reserved].

### § 33.1-24-05-363. [Reserved].

### § 33.1-24-05-364. [Reserved].

### § 33.1-24-05-365. [Reserved].

### § 33.1-24-05-366. [Reserved].

### § 33.1-24-05-367. [Reserved].

### § 33.1-24-05-368. [Reserved].

### § 33.1-24-05-369. [Reserved].

### § 33.1-24-05-370. [Reserved].

### § 33.1-24-05-371. [Reserved].

### § 33.1-24-05-372. [Reserved].

### § 33.1-24-05-373. [Reserved].

### § 33.1-24-05-374. [Reserved].


### § 33.1-24-05-375. [Reserved].

### § 33.1-24-05-376. [Reserved].

### § 33.1-24-05-377. [Reserved].

### § 33.1-24-05-378. [Reserved].

### § 33.1-24-05-379. [Reserved].

### § 33.1-24-05-380. [Reserved].

### § 33.1-24-05-381. [Reserved].

### § 33.1-24-05-382. [Reserved].

### § 33.1-24-05-383. [Reserved].

### § 33.1-24-05-384. [Reserved].

### § 33.1-24-05-385. [Reserved].

### § 33.1-24-05-386. [Reserved].

### § 33.1-24-05-387. [Reserved].

### § 33.1-24-05-388. [Reserved].

### § 33.1-24-05-389. [Reserved].

### § 33.1-24-05-390. [Reserved].

### § 33.1-24-05-391. [Reserved].

### § 33.1-24-05-392. [Reserved].

### § 33.1-24-05-393. [Reserved].

### § 33.1-24-05-394. [Reserved].

### § 33.1-24-05-395. [Reserved].


### § 33.1-24-05-396. [Reserved].

### § 33.1-24-05-397. [Reserved].

### § 33.1-24-05-398. [Reserved].

### § 33.1-24-05-399. [Reserved].

### § 33.1-24-05-400. Applicability to air emission standards for process vents.

1. The regulations of sections 33.1-24-05-400 through 33.1-24-05-419 apply to owners and
operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in
section 33.1-24-05-01).
2. Except for subsections 4 and 5 of section 33.1-24-05-404, sections 33.1-24-05-400 through
evaporation, solvent extraction, or air or steam stripping operations that manage hazardous
wastes with organic concentrations of at least ten parts per million weight, if these operations
are conducted in one of the following:
a. A unit that is subject to the permitting requirements of chapter 33.1-24-06;
b. A unit (including a hazardous waste recycling unit) that is not exempt from permitting
under the provisions of section 33.1-24-03-27 (for example, a hazardous waste recycling
unit that is not a ninety-day tank or container) and that is located at a hazardous waste
management facility otherwise subject to the permitting requirements of chapter
33.1-24-06; or
c. A unit that is exempt from permitting under the provisions of section 33.1-24-03-27 (for
example, a ninety-day tank or container) and is not a recycling unit under the provisions
of section 33.1-24-02-06.
3. For the owner and operator of a facility subject to sections 33.1-24-05-400 through
33.1-24 prior to December 6, 1996, the requirements of section 33.1-24-05-400 through
accordance with the requirements of section 33.1-24-07-11 or reviewed in accordance with the
requirements of subsection 1 of section 33.1-24-06-06. Until such date when the owner and
operator receive a final state-issued hazardous waste permit incorporating the requirements of
sections 33.1-24-05-400 through 33.1-24-05-419, the owner and operator are subject to the
applicable requirements of subsection 5 of section 33.1-24-06-16.
Note: The requirements of sections 33.1-24-05-402 through 33.1-24-05-406 apply to process
vents on hazardous waste recycling units previously exempt under subdivision a of
subsection 3 of section 33.1-24-02-06. Other exemptions under section 33.1-24-02-04 and
subsection 7 of section 33.1-24-05-01 are not affected by these requirements.
4. [Reserved].
5. The requirements of sections 33.1-24-05-400 through 33.1-24-04-419 do not apply to the
process vents at a facility where the facility owner or operator certifies that all of the process
vents would otherwise be subject to sections 33.1-24-05-400 through 33.1-24-05-419 are
equipped with and operating air emission controls in accordance with the process vent
requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, 61, or

63. The documentation of compliance under regulations at 40 CFR part 60, 61, or 63 shall be
kept with, or made readily available with, the facility operating record.
History: Effective January 1, 2019; amended effective July 1, 2020.
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
### § 33.1-24-05-401. Definitions.

As used in sections 33.1-24-05-400 through 33.1-24-05-419, all terms not defined herein have the
meaning given in North Dakota Century Code chapter 23.1-04 and chapters 33.1-24-01 through
1. "Air stripping operation" is a desorption operation employed to transfer one or more volatile
components from a liquid mixture into a gas (air) either with or without the application of heat
to the liquid. Pack towers, spray towers, and bubble-cap, sieve, or valve-type plate towers are
among the process configurations used for contacting the air and a liquid.
2. "Bottoms receiver" means a container or tank used to receive and collect the heavier bottoms
fractions of the distillation feed stream that remain in the liquid phase.
3. "Closed-vent system" means a system that is not open to the atmosphere and that is
composed of piping, connections, and, if necessary, flow-inducing devices that transport gas
or vapor from a piece or pieces of equipment to a control device.
4. "Condenser" means a heat-transfer device that reduces a thermodynamic fluid from its vapor
phase to its liquid phase.
5. "Connector" means flange, screwed, welded, or other joined fittings used to connect two
pipelines or a pipeline and a piece of equipment. For the purposes of reporting and
recordkeeping, "connector" means flanged fittings that are not covered by insulation or other
materials that prevent location of the fittings.
6. "Continuous recorder" means a data-recording device recording an instantaneous data value
at least once every fifteen minutes.
7. "Control device" means an enclosed combustion device vapor recovery system, or flare. Any
device the primary function of which is the recovery or capture of solvent or other organic for
use, reuse, or sale (e.g., a primary condenser on a solvent recovery unit) is not a control
device.
8. "Control device shutdown" means the cessation of operation of a control device for any
purpose.
9. "Distillate receiver" means a container or tank used to receive and collect liquid material
(condensed) from the overhead condenser of a distillation unit and from which the condensed
liquid is pumped to larger storage tanks or other process units.
10. "Distillation operation" means an operation, either batch or continuous separating one or more
feed streams into two or more exit streams, each exit stream having component
concentrations different from those in the feed streams. The separation is achieved by the
redistribution of the components between the liquid and vapor phase as they approach
equilibrium within the distillation unit.
11. "Double-block and bleed system" means two block valves connected in series with a bleed
valve or line that can vent the line between the two block valves.

12. "Equipment" means each valve, pump, compressor, pressure relief device, sampling
connection system, open-ended valve or line, or flange or other connector, and any control
devices or systems required by sections 33.1-24-05-400 through 33.1-24-05-419.
13. "First attempt at repair" means to take rapid action for the purpose of stopping or reducing
leakage of organic material to the atmosphere using best practices.
14. "Flame zone" means the portion of the combustion chamber in a boiler occupied by the flame
envelope.
15. "Flow indicator" means a device that indicates whether gas flow is present in a vent stream.
16. "Fractionation operation" means a distillation operation or method used to separate a mixture
of several volatile components of different boiling points in successive stages, each stage
removing from the mixture some proportion of one of the components.
17. "Hazardous waste management unit shutdown" means a work practice or operational
procedure that stops operation of a hazardous waste management unit or part of a hazardous
waste management unit. An unscheduled work practice or operational procedure that stops
operation of a hazardous waste management unit or part of a hazardous waste management
unit for less than twenty-four hours is not a hazardous waste management unit shutdown. The
use of spare equipment and technically feasible bypassing of equipment without stopping
operation are not hazardous waste management unit shutdowns.
18. "Hot well" means a container for collecting condensate as in a steam condenser serving a
vacuum-jet or steam-jet ejector.
19. "In gas or vapor service" means that the piece of equipment contains or contacts a hazardous
waste stream that is in the gaseous state at operating conditions.
20. "In heavy liquid service" means that the piece of equipment is not in gas or vapor service or in
light liquid service.
21. "In light liquid service" means that the piece of equipment contains or contacts a waste stream
where the vapor pressure of one or more of the organic components in the stream is greater
than three-tenths kilopascals at twenty degrees Celsius, the total concentration of the pure
organic components having a vapor pressure greater than three-tenths kilopascals at twenty
degrees Celsius is equal to or greater than twenty percent by weight, and the fluid is a liquid at
operating conditions.
22. "In situ sampling systems" means nonextractive samplers or inline samplers.
23. "In vacuum service" means that equipment is operating at an internal pressure that is at least
five kilopascals below ambient pressure.
24. "Malfunction" means any sudden failure of a control device or a hazardous waste
management unit or failure of a hazardous waste management unit to operate in a normal or
usual manner, so that organic emissions are increased.
25. "Open-ended valve or line" means any valve, except pressure release valves, having one side
of the valve seat in contact with hazardous waste and one side open to the atmosphere, either
directly or through open piping.
26. "Pressure release" means the emission of materials resulting from the system pressure being
greater than the set pressure of the pressure release device.

27. "Process heater" means a device that transfers heat liberated by burning fuel to fluids
contained in tubes, including all fluids except water that are heated to produce steam.
28. "Process vent" means any open-ended pipe or stack that is vented to the atmosphere either
directly, through a vacuum-producing system, or through a tank (e.g., distillate receiver,
condenser, bottoms receiver, surge control tank, separator tank, or hot well) associated with
hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or
steam stripping operations.
29. "Repaired" means that equipment is adjusted, or otherwise altered, to eliminate a leak.
30. "Sampling connection system" means an assembly of equipment within a process or waste
management unit used during periods of representative operation to take samples of the
process of waste fluid. Equipment used to take nonroutine grab examples is not considered a
sampling connection system.
31. "Sensor" means a device that measures a physical quantity or the change in a physical
quantity, such as temperature, pressure, flow rate, pH, or liquid level.
32. "Separator tank" means a device used for separation of two immiscible liquids.
33. "Solvent extraction operation" means an operation or method of separation in which a solid or
solution is contacted with a liquid solvent (the two being mutually insoluble) to preferentially
dissolve and transfer one or more components into the solvent.
34. "Start-up" means the setting in operation of a hazardous waste management unit or control
device for any purpose.
35. "Steam stripping operation" means a distillation operation in which vaporization of the volatile
constituents of a liquid mixture takes place by the introduction of steam directly into the
charge.
36. "Surge control tank" means a large-sized pipe or storage reservoir sufficient to contain the
surging liquid discharge of the process tank to which it is connected.
37. "Thin-film evaporation operation" means a distillation operation that employs a heating surface
consisting of a large diameter tube that may be either straight or tapered, horizontal or
vertical. Liquid is spread on the tube wall by a rotating assembly of blades that maintain a
close clearance from the wall or actually ride on the film of liquid on the wall.
38. "Vapor incinerator" means any enclosed combustion device that is used for destroying organic
compounds and does not extract energy in the form of steam or process heat.
39. "Vented" means discharged through an opening, typically an open-ended pipe or stack,
allowing the passage of a stream of liquids, gases, or fumes into the atmosphere. The
passage of liquids, gases, or fumes is caused by mechanical means such as compressors or
vacuum-producing systems or by process-related means such as evaporation produced by
heating and not caused by tank loading and unloading (working losses) or by natural means
such as diurnal temperature changes.
History: Effective January 1, 2019.
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

### § 33.1-24-05-402. Standards - Process vents.

1. The owner or operator of a facility with process vents associated with distillation, fractionation,
thin-film evaporation, solvent extraction, or air or steam stripping operations managing
hazardous wastes with organic concentrations of at least ten parts per million weight shall
either:
a. Reduce total organic emissions from all affected process vents at the facility below one
and four-tenths kilograms/hour (three pounds per hour) and two and eight-tenths
megagrams/year (three and one-tenth tons/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.
2. If the owner or operator installs a closed-vent system and control device to comply with the
provisions of subsection 1, the closed-vent system and control device must meet the
requirements of section 33.1-24-05-403.
3. Determinations of vent emissions and emission reductions or total organic compound
concentrations achieved by add-on control devices may be based on engineering calculations
or performance tests. If performance tests are used to determine vent emissions, emission
reductions, or total organic compound concentrations achieved by add-on control devices, the
performance tests must conform with the requirements of subsection 3 of section
33.1-24-05-404.
4. When an owner or operator and the department do not agree on determinations of vent
emissions or emission reductions, or both, or total organic compound concentrations achieved
by add-on control devices based on engineering calculations, the procedures in subsection 3
of section 33.1-24-05-404 must be used to resolve the disagreement.
History: Effective January 1, 2019.
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
### § 33.1-24-05-403. Standards - Closed-vent systems and control devices.

1. Requirements for owners or operators of closed-vent systems and control devices.
a. Owners or operators of closed-vent systems and control devices used to comply with
provisions of 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
b. For:
(1) The owner or operator of an existing facility who cannot install a closed-vent system
and control device to comply with the provisions of sections 33.1-24-05-400 through
provisions of sections 33.1-24-05-400 through 33.1-24-05-419 must prepare an
implementation schedule that includes dates by which the closed-vent system and
control device will be installed and in operation. The controls must be installed as
soon as possible, but the implementation schedule may allow up to thirty months
after the effective date that the facility becomes subject to sections 33.1-24-05-400
through 33.1-24-05-419 for installation and start-up.
(2) Any unit that begins operation after December 21, 1990, and is subject to the
provisions of sections 33.1-24-05-400 through 33.1-24-05-419 when operation

begins, must comply with the rules immediately (for example, must have control
devices installed and operating on start-up of the affected unit); the thirty-month
implementation schedule does not apply.
(3) The owner or operator of any facility in existence on the effective date of a statutory
or regulatory amendment that renders the facility subject to sections 33.1-24-05-400
through 33.1-24-05-419 shall comply with all requirements of sections
thirty months after the amendment's effective date. When control equipment
required by sections 33.1-24-05-400 through 33.1-24-05-419 cannot be installed
and begin operation by the effective date of the amendment, the facility owner or
operator shall prepare an implementation schedule that includes the following
information: specific calendar dates for award of contracts or issuance of purchase
orders for the control equipment, initiation of onsite installation of the control
equipment, completion of the control equipment installation, and performance of any
testing to demonstrate the installed equipment meets the applicable standards of
sections 33.1-24-05-400 through 33.1-24-05-419. The owner or operator shall enter
the implementation schedule in the operating record or in a permanent, readily
available file located at the facility.
(4) Owners and operators of facilities and units that become newly subject to the
requirements of sections 33.1-24-05-400 through 33.1-24-05-419 after December 8,
1997, due to an action other than those described in paragraph 3 must comply with
all applicable requirements immediately (for example, must have control devices
installed and operating on the date the facility or unit becomes subject to sections
does not apply).
2. A control device involving vapor recovery (for example, a condenser or absorber) must be
designed and operated to recover the organic vapors vented to it with an efficiency of
ninety-five weight percent or greater unless the total organic emission limits of subdivision a of
subsection 1 of section 33.1-24-05-402 for all affected process vents can be attained at an
efficiency less than ninety-five weight percent.
3. An enclosed combustion device (for example, a vapor incinerator, boiler, or process heater)
must be designed and operated to reduce the organic emissions vented to it by ninety-five
weight percent or greater; to achieve a total organic compound concentration of twenty parts
per million volume, expressed as the sum of the actual compounds, not carbon equivalents,
on a dry basis corrected to three percent oxygen; or to provide a minimum residence time of
fifty hundredths seconds at a minimum temperature of seven hundred sixty degrees Celsius. If
a boiler or process heater is used as the control device, then the vent stream must be
introduced into the flame zone of the boiler or process heater.
4. Flares.
a. A flare must be designed for and operated with no visible emissions as determined by the
methods specified in subdivision a of subsection 5, except for periods not to exceed a
total of five minutes during any two consecutive hours.
b. A flare must be operated with a flame present at all times, as determined by the methods
specified in paragraph 3 of subdivision b of subsection 6.
c. A flare must be used only if the net heating value of the gas being combusted is eleven
and two-tenths mega joules per standard cubic meter at standard conditions (three
hundred British thermal units per standard cubic foot at standard conditions) or greater if
the flare is steam-assisted or air-assisted; or if the net heating value of the gas being

combusted is seven and forty-five hundredths mega joules per cubic meter at standard
conditions (two hundred British thermal units per standard cubic foot at standard
conditions) or greater if the flare is nonassisted. The net heating value of the gas being
combusted must be determined by the methods specified in subdivision b of
subsection 5.
d. Steam-assisted or nonassisted flare.
(1) A steam-assisted or nonassisted flare must be designed for and operated with an
exit velocity, as determined by the methods specified in subdivision c of
subsection 5, less than eighteen and three-tenths meters per second [sixty feet per
second], except as provided in paragraphs 2 and 3.
(2) A steam-assisted or nonassisted flare designed for and operated with an exit
velocity, as determined by the methods specified in subdivision c of subsection 5,
equal to or greater than eighteen and three-tenths meters per second [sixty feet per
second] but less than one hundred twenty-two meters per second [four hundred feet
per second] is allowed if the net heating value of the gas being combusted is greater
than thirty-seven and three-tenths mega joules per standard cubic meter at standard
conditions [one thousand British thermal units per standard cubic foot at standard
conditions].
(3) A steam-assisted or nonassisted flare designed for and operated with an exit
velocity, as determined by the methods specified in subdivision c of subsection 5,
less than the velocity V as determined by the method specified in subdivision d of
max
subsection 5 and less than one hundred twenty-two meters per second [four
hundred feet per second] is allowed.
e. An air-assisted flare must be designed and operated with an exit velocity less than the
velocity V as determined by the method specified in subdivision e of subsection 5.
max
f. A flare used to comply with this section must be steam-assisted, air-assisted, or
nonassisted.
5. Methods.
a. Referenced method 22 in 40 CFR part 60 must be used to determine the compliance of a
flare with the visible emissions provisions of sections 33.1-24-05-400 through
### § 33.1-24-05-419. The observation period is two hours and must be used according to

method 22.
b. The net heating value of the gas being combusted in a flare shall be calculated using the
following equation:
where:
H = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas
is based on combustion at 25°C and 760 mm Hg, but the standard temperature for
determining the volume corresponding to 1 mol is 20°C;

K = Constant, 1.74 x 10-7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for
(g mol/scm) is 20°C;
C = Concentration of sample component i in ppm on a wet basis, as measured for
i
organics by reference method 18 in 40 CFR part 60 and measured for hydrogen and
carbon monoxide by ASTM D 1946-82 (incorporated by reference as specified in section
33.1-24-01-05); and
H = Net heat of combustion of sample component i, kcal/g mol at 25°C and 760 mm Hg.
i
The heats of combustion may be determined using ASTM D 2382-83 (incorporated by
reference as specified in section 33.1-24-01-05) if published values are not available or
cannot be calculated.
c. The actual exit velocity of a flare must be determined by dividing the volumetric flow rate
(in units of standard temperature and pressure), as determined by reference methods 2,
2a, 2c, or 2d in 40 CFR part 60 as appropriate, by the unobstructed (free) cross-sectional
area of the flare tip.
d. The maximum allowed velocity in meters per second V for a flare complying with
max
paragraph 3 of subdivision d of subsection 4 must be determined by the following
equation:
where:
28.8 = constant,
31.7 = constant, and
H = the net heating value as determined in subdivision b.
e. The maximum allowed velocity in meters per second V for an air-assisted flare must
max
be determined by the following equation:
where:
8.706 = constant,
0.7084 = constant, and
H = the net heating value as determined in subdivision b.
6. The owner or operator shall monitor and inspect each control device required to comply with
this section to ensure proper operation and maintenance of the control device by
implementing the following requirements:
a. Install, calibrate, maintain, and operate according to the manufacturer's specifications a
flow indicator that provides a record of vent stream flow from each affected process vent

to the control device at least once every hour. The flow indicator sensor must be installed
in the vent stream at the nearest feasible point to the control device inlet but before the
point at which the vent streams are combined.
b. Install, calibrate, maintain, and operate according to the manufacturer's specifications a
device to continuously monitor control device operation as specified below:
(1) For a thermal vapor incinerator, a temperature monitoring device equipped with a
continuous recorder. The device must have an accuracy of plus or minus one
percent of the temperature being monitored in Celsius or plus or minus five-tenths
degrees Celsius, whichever is greater. The temperature sensor must be installed at
a location in the combustion chamber downstream of the combustion zone.
(2) For a catalytic vapor incinerator, a temperature monitoring device equipped with a
continuous recorder. The device must be capable of monitoring temperature at two
locations and have an accuracy of plus or minus one percent of the temperature
being monitored in degrees Celsius or plus or minus five-tenths degrees Celsius,
whichever is greater. One temperature sensor must be installed in the vent stream
at the nearest feasible point to the catalyst bed inlet and a second temperature
sensor must be installed in the vent stream at the nearest feasible point to the
catalyst bed outlet.
(3) For a flare, a heat sensing monitoring device equipped with a continuous recorder
that indicates the continuous ignition of the pilot flame.
(4) A boiler or process heater having a design heat input capacity less than forty-four
megawatts a temperature monitoring device equipped with a continuous recorder.
The device must have an accuracy of plus or minus one percent of the temperature
being monitored in degrees Celsius or plus or minus five-tenths degrees Celsius,
whichever is greater. The temperature sensor must be installed at a location in the
furnace downstream of the combustion zone.
(5) For a boiler or process heater having a design heat input capacity greater than or
equal to forty-four megawatts a monitoring device equipped with a continuous
recorder to measure a parameter that indicates good combustion operating
practices are being used.
(6) For a condenser, either:
(a) A monitoring device equipped with a continuous recorder to measure the
concentration level of the organic compounds, the exhaust vent stream from
the condenser; or
(b) A temperature monitoring device equipped with a continuous recorder. The
device must be capable of monitoring temperature with an accuracy of plus or
minus one percent of the temperature being monitored in degrees Celsius or
plus or minus five-tenths degrees Celsius, whichever is greater. The
temperature sensor shall be installed at a location in the exhaust vent stream
from the condenser exit (for example, product side).
(7) For a carbon adsorption system that regenerates the carbon bed directly in the
control device such as a fixed-bed carbon adsorber either:
(a) A monitoring device equipped with a continuous recorder to measure the
concentration level of the organic compounds in the exhaust vent stream from
the carbon bed; or

(b) A monitoring device equipped with a continuous recorder to measure a
parameter that indicates the carbon bed is regenerated in a regular
predetermined time cycle.
c. Inspect the readings from each monitoring device required by subdivisions a and b at
least once each operating day to check control device operation and, if necessary,
immediately implement the corrective measures necessary to ensure the control device
operates in compliance with the requirements of this section.
7. An owner or operator using a carbon adsorption system such as a fixed-bed carbon adsorber
that regenerates the carbon bed directly onsite in the control device shall replace the existing
carbon in the control device with fresh carbon at a regular predetermined time interval that is
no longer than the carbon service life established as a requirement of subparagraph f of
paragraph 3 of subdivision d of subsection 2 of section 33.1-24-05-405.
8. An owner or operator using a carbon adsorption system such as a carbon canister that does
not regenerate the carbon bed directly onsite in the control device shall replace the existing
carbon in the control device with fresh carbon on a regular basis by using one of the following
procedures:
a. Monitor the concentration level of organic compounds in the exhaust vent stream from
the carbon adsorption system on a regular schedule, and replace the existing carbon
with fresh carbon immediately when carbon breakthrough is indicated. The monitoring
frequency must be daily or at an interval no greater than twenty percent of the time
required to consume the total carbon working capacity established as a requirement of
subparagraph g of paragraph 3 of subdivision d of subsection 2 of section
33.1-24-05-405, whichever is longer.
b. Replace the existing carbon with fresh carbon at a regular, predetermined time interval
that is less than the design carbon replacement interval established as a requirement of
subparagraph g of paragraph 3 of subdivision d of subsection 2 of section
33.1-24-05-405.
9. An alternative operational or process parameter may be monitored if it can be demonstrated
that another parameter will ensure that the control device is operated in conformance with
these standards and the control device's design specifications.
10. An owner or operator of an affected facility seeking to comply with the provisions of sections
using a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare,
boiler, process heater, condenser, or carbon adsorption system is required to develop
documentation, including sufficient information to describe the control device operation and
identify the process parameter or parameters that indicate proper operation and maintenance
of the control device.
11. A closed-vent system shall meet either of the following design requirements:
a. A closed-vent system shall be designed to operate with no detectable emissions, as
indicated by an instrument reading of less than five hundred parts per million volume
above background as determined by the procedure in subsection 2 of section
33.1-24-05-404, and by visual inspections; or
b. A closed-vent system shall be designed to operate at a pressure below atmospheric
pressure. The system shall be equipped with at least one pressure gauge or other
pressure measurement device that can be read from a readily accessible location to

verify that negative pressure is being maintained in the closed-vent system when the
control device is operating.
12. The owner or operator shall monitor and inspect each closed-vent system required to comply
with this section to ensure proper operation and maintenance of the closed-vent system by
implementing the following requirements:
a. Each closed-vent system that is used to comply with subdivision a of subsection 11 shall
be inspected and monitored in accordance with the following requirements:
(1) An initial leak detection monitoring of the closed-vent system shall be conducted by
the owner or operator on or before the date that the system becomes subject to this
section. The owner or operator shall monitor the closed-vent system components
and connections using the procedures specified in subsection 2 of section
emissions, as indicated by an instrument reading of less than five hundred parts per
million volume above background.
(2) After initial leak detection monitoring required in paragraph 1, the owner or operator
shall inspect and monitor the closed-vent system as follows:
(a) Closed-vent system joints, seams, or other connections that are permanently
or semipermanently sealed (for example, a welded joint between two sections
of hard piping or a bolted and gasketed ducting flange) shall be visually
inspected at least once per year to check for defects that could result in air
pollutant emissions. The owner or operator shall monitor a component or
connection using the procedures specified in subsection 2 of section
following any time the component is repaired or replaced (for example, a
section of damaged hard piping is replaced with new hard piping) or the
connection is unsealed (for example, a flange is unbolted).
(b) Closed-vent system components or connections other than those specified in
subparagraph a shall be monitored annually and at other times as requested
by the department, except as provided for in subsection 15, using the
procedures specified in subsection 2 of section 33.1-24-05-404 to demonstrate
that the components or connections operate with no detectable emissions.
(3) In the event that a defect or leak is detected, the owner or operator shall repair the
defect or leak in accordance with the requirements of subdivision c.
(4) The owner or operator shall maintain a record of the inspection and monitoring in
accordance with the requirements specified in section 33.1-24-05-405.
b. Each closed-vent system that is used to comply with subdivision b of subsection 11 shall
be inspected and monitored in accordance with the following requirements:
(1) The closed-vent system 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 duct work or piping or loose connections.
(2) The owner or operator shall perform an initial inspection of the closed-vent system
on or before the date that the system becomes subject to this section. Thereafter,
the owner or operator shall perform the inspections at least once every year.
(3) In the event that a defect or leak is detected, the owner or operator shall repair the
defect in accordance with the requirements of subdivision c.

(4) The owner or operator shall maintain a record of the inspection and monitoring in
accordance with the requirements specified in section 33.1-24-05-405.
c. The owner or operator shall repair all detected defects as follows:
(1) Detectable emissions, as indicated by visual inspection, or by an instrument reading
greater than five hundred parts per million volume above background, shall be
controlled as soon as practicable, but not later than fifteen calendar days after the
emission is detected, except as provided for in paragraph 3.
(2) A first attempt at repair shall be made no later than five calendar days after the
emission is detected.
(3) Delay of repair of a closed-vent system for which leaks have been detected is
allowed if the repair is technically infeasible without a process unit shutdown, or if
the owner or operator determines that emissions resulting from immediate repair
would be greater than the fugitive emissions likely to result from delay of repair.
Repair of such equipment shall be completed by the end of the next process unit
shutdown.
(4) The owner or operator shall maintain a record of the defect repair in accordance
with the requirements specified in section 33.1-24-05-405.
13. Closed-vent systems and control devices used to comply with provisions of sections
vented to them.
14. The owner or operator using a carbon adsorption system to control air pollutant emissions
shall document that all carbon that is a hazardous waste and that is removed from the control
device is managed in one of the following manners, regardless of the average volatile organic
concentration of the carbon:
a. Regenerated or reactived in a thermal treatment unit that meets one of the following:
(1) The owner or operator of the unit has been issued a final permit under chapter
33.1-24-05-309; or
(2) The unit is equipped with operating air emission controls in accordance with the
applicable requirements of sections 33.1-24-05-400 through 33.1-24-05-419 and
sections 33.1-24-05-450 through 33.1-24-05-474 or the applicable requirements of
subsection 5 of section 33.1-24-06-16; or
(3) The unit is equipped with operating air emission controls in accordance with a
national emission standard for hazardous air pollutants under 40 CFR part 61 or
40 CFR part 63.
b. Incinerated in a hazardous waste incinerator for which the owner or operator either:
(1) Has been issued a final permit under chapter 33.1-24-06 which implements the
requirements of sections 33.1-24-05-144 through 33.1-24-05-159; or
(2) Has designed and operates the incinerator in accordance with the applicable interim
status requirements of subsection 5 of section 33.1-24-06-16.
c. Burned in a boiler or industrial furnace for which the owner or operator either:

(1) Has been issued a final permit under chapter 33.1-24-06 which implements the
requirements of sections 33.1-24-05-525 through 33.1-24-05-549; or
(2) Has designed and operates the boiler or industrial furnace in accordance with the
interim status requirements of sections 33.1-24-05-525 through 33.1-24-05-549.
15. Any components of a closed-vent system that are designated, as described in subdivision i of
subsection 3 of section 33.1-24-05-405, as unsafe to monitor are exempt from the
requirements of subparagraph b of paragraph 2 of subdivision a of subsection 12 if:
a. The owner or operator of the closed-vent system determines that the components of the
closed-vent system are unsafe to monitor because monitoring personnel would be
exposed to an immediate danger as a consequence of complying with subparagraph b of
paragraph 2 of subdivision a of subsection 12; and
b. The owner or operator of the closed-vent system adheres to a written plan that requires
monitoring the closed-vent system components using the procedures specified in
subparagraph b of paragraph 2 of subdivision a of subsection 12 as frequently as
practicable during safe-to-monitor times.
History: Effective January 1, 2019.
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
### § 33.1-24-05-404. Test methods and procedures.

1. Each owner or operator subject to the provisions of sections 33.1-24-05-400 through
this section.
2. When a closed-vent system is tested for compliance with no detectable emissions, as required
in subsection 12 of section 33.1-24-05-403, the test must comply with the following
requirements:
a. Monitoring must comply with referenced 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 background level is compared with five hundred parts per million for
determining compliance.

3. Performance tests to determine compliance with subsection 1 of section 33.1-24-05-402 and
with the total organic compound concentration limit of subsection 3 of section 33.1-24-05-403
must comply with the following:
a. Performance tests to determine total organic compound concentrations and mass flow
rates entering and exiting control devices must be conducted and data reduced in
accordance with the following reference methods and calibration procedures:
(1) Method 2 in 40 CFR part 60 for velocity and volume flow rate.
(2) Method 18 or Method 25A in 40 CFR part 60, appendix A, for organic content. If
Method 25A is used, the organic hazardous air pollutant used as the calibration gas
must be the single organic hazardous air pollutant representing the largest percent
by volume of the emissions. The use of Method 25A is acceptable if the response
from the high-level calibration gas is at least twenty times the standard deviation of
the response from the zero calibration gas when the instrument is zeroed on the
most sensitive scale.
(3) Each performance test must consist of three separate runs; each run conducted for
at least one hour under the conditions that exist when the hazardous waste
management unit is operating at the highest load or capacity level reasonably
expected to occur. For the purpose of determining total organic compound
concentrations and mass flow rates, the average of results of all runs apply. The
average must be computed on a time-weighted basis.
(4) Total organic mass flow rates must be determined by the following equation:
(a) For sources utilizing method 18.
where:
E = Total organic mass flow rate, kg/h;
h
Q = Volumetric flow rate of gases entering or exiting control device, as determined
2sd
by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
C = Organic concentration in ppm, dry basis, of compound i in the vent gas, as
i
determined by Method 18;
MW = Molecular weight of organic compound i in the vent gas, kg/kg-mol;
i
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@293K and 760 mm Hg);
and
10-6 = Conversion from ppm.
(b) For sources utilizing method 25A.
where:

E = Total organic mass flow rate, kg/h;
h
Q = Volumetric flow rate of gases entering or exiting control device, as determined
by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm
Hg);
10-6 = Conversion from ppm.
(5) The annual total organic emission rate must be determined by the following
equation:
where:
E = Total organic mass emission rate, kg/y;
E = Total organic mass flow rate for the process vent, kg/h;
h
H = Total annual hours of operations for the affected unit, h.
(6) Total organic emissions from all affected process vents at the facility must be
determined by summing the hourly total organic mass emission rates (E as
h
determined in paragraph 4) and by summing the annual total organic mass emission
rates (E , as determined in paragraph 5) for all affected process vents at the facility.
b. The owner or operator shall record such process information as may be necessary to
determine the conditions of the performance test. Operations during periods of startup,
shutdown, and malfunction do not constitute representative conditions for the purpose of
a performance test.
c. The owner or operator of an affected facility shall provide, or cause to be provided,
performance testing facilities as follows:
(1) Sampling ports adequate for the test methods specified in subdivision a.
(2) Safe sampling platforms.
(3) Safe access to sampling platforms.
(4) Utilities for sampling and testing equipment.
d. For the purpose of making compliance determinations, the time-weighted average of the
results of the three runs applies. In the event that a sample is accidentally lost or
conditions occur in which one of the three runs must be discontinued because of force
shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological
conditions, or other circumstances beyond the owner's or operator's control, compliance

may, upon the department's approval, be determined using the average of the results of
the two other runs.
4. To show that a process vent associated with a hazardous waste distillation, fractionation,
thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to
the requirements of sections 33.1-24-05-400 through 33.1-24-05-419, the owner or operator
must make an initial determination that the time-weighted, annual average total organic
concentration of the waste managed by the waste management unit is less than ten parts per
million weight using one of the following two methods:
a. Direct measurement of the organic concentration of the waste using the following
procedures:
(1) The owner or operator must take a minimum of four grab samples of waste for each
waste stream managed in the affected unit under process conditions expected to
cause the maximum waste organic concentration.
(2) For waste generated onsite, the grab samples must be collected at a point before
the waste is exposed to the atmosphere such as in an enclosed pipe or other closed
system that is used to transfer the waste after generation to the first affected
distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam
stripping operation. For waste generated offsite, the grab samples must be collected
at the inlet to the first waste management unit that receives the waste provided the
waste has been transferred to the facility in a closed system such as a tank truck
and the waste is not diluted or mixed with other waste.
(3) Each sample must be analyzed and the total organic concentration of the sample
must be computed using method 9060A (incorporated by reference under section
33.1-24-01-05) of "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods," environmental protection agency publication SW-846 or analyzed for its
individual organic constituents.
(4) The arithmetic mean of the results of the analysis of the four samples applies for
each waste stream managed in the unit in determining the time-weighted annual
average total organic concentration of the waste. The time-weighted average is to
be calculated using the annual quantity of each waste stream processed and the
mean organic concentration of each waste stream managed in the unit.
b. Using knowledge of the waste to determine that its total organic concentration is less
than ten parts per million weight. Documentation of the waste determination is required.
Examples of documentation that must be used to support a determination under this
provision include production process information documenting that no organic
compounds are used, information that the waste is generated by a process that is
identical to a process at the same or another facility that has previously been
demonstrated by direct measurement to generate a waste stream having a total organic
content less than ten parts per million weight, or prior speciation analysis results on the
same waste stream where it can also be documented that no process changes have
occurred since that analysis that could affect the waste total organic concentration.
5. The determination that distillation, fractionation, thin-film evaporation, solvent extraction, or air
or steam stripping operations manage hazardous wastes with time-weighted, annual average
total organic concentrations less than ten parts per million weight must be made as follows:
a. By the effective date that the facility becomes subject to the provisions of sections
in a waste management unit, whichever is later; and

b. For continuously generated waste, annually; or
c. Whenever there is a change in the waste being managed or a change in the process that
generates or treats the waste.
6. When an owner or operator and the department do not agree on whether a distillation,
fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation
manages a hazardous waste with organic concentrations of at least ten parts per million
weight based on knowledge of the waste, the dispute may be resolved by using direct
measurement as specified at subdivision a of subsection 4.
History: Effective January 1, 2019.
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
### § 33.1-24-05-405. Recordkeeping requirements.

1. Applicability.
a. Each owner or operator subject to the provisions of sections 33.1-24-05-400 through
b. An owner or operator of more than one hazardous waste management unit subject to the
provisions of sections 33.1-24-05-400 through 33.1-24-05-419 may comply with the
recordkeeping requirements for these hazardous waste management units in one
recordkeeping system if the system identifies each record by each hazardous waste
management unit.
2. Owners and operators must record the following information in the facility operating record:
a. For facilities that comply with the provisions of subdivision b of subsection 1 of section
33.1-24-05-403, an implementation schedule that includes dates by which the
closed-vent system and control device will be installed and in operation. The schedule
must also include a rationale of why the installation cannot be completed at an earlier
date. The implementation schedule must be in the facility operating record by the
effective date that the facility becomes subject to the provisions of sections
b. Up-to-date documentation of compliance with the process vent standards in section
33.1-24-05-402, including:
(1) Information and data identifying all affected process vents, annual throughput and
operating hours of each affected unit, estimated emission rates for each affected
vent, and for the overall facility, namely, the total emissions for all affected vents at
the facility, and the approximate location within the facility of each affected unit, for
example, identifying the hazardous waste management units on a facility plot plan.
(2) Information and data supporting determinations of vent emissions and emission
reductions achieved by add-on control devices based on engineering calculation or
source tests. For the purpose of determining compliance, determinations of vent
emissions and emission reductions must be made using operating parameter
values, for example, temperatures, flow rates, or vent stream organic compounds
and concentrations, that represent the conditions that result in maximum organic
emissions, such as when the waste management unit is operating at the highest
load or capacity level reasonably expected to occur. If the owner or operator takes
any action, for example, managing a waste of different composition or increasing
operating hours of affected waste management units, that would result in an

increase in total organic emissions from affected process vents at the facility, then a
new determination is required.
c. Where an owner or an operator chooses to use test data to determine the organic
removal efficiency or total organic compound concentration achieved by the control
device, a performance test plan. The test plan must include:
(1) A description of how it is determined that the planned test is going to be conducted
when the hazardous waste management unit is operating at the highest load or
capacity level reasonably expected to occur. This must include the estimated or
design flow rate and organic content of each vent stream and define the acceptable
operating ranges of key process and control device parameters during the test
program.
(2) A detailed engineering description of the closed-vent system and control device,
including:
(a) Manufacturer's name and model number of control device.
(b) Type of control device.
(c) Dimensions of the control device.
(d) Capacity.
(e) Construction materials.
(3) A detailed description of sampling and monitoring procedures, including sampling
and monitoring locations in the system, the equipment to be used, sampling and
monitoring frequency, and planned analytical procedures for sample analysis.
d. Documentation of compliance with section 33.1-24-05-403 must include the following
information:
(1) A list of all information references and sources used in preparing the documentation.
(2) Records, including the dates, of each compliance test required by subsection 11 of
section 33.1-24-05-403.
(3) If engineering calculations are used, a design analysis, specifications, drawings,
schematics, and piping and instrumentation diagrams based on the appropriate
sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by
reference as specified in section 33.1-24-01-05) or other engineering texts
acceptable to the department that present basic control device design information.
Documentation provided by the control device manufacturer or vendor that
describes the control device design in accordance with subparagraphs a through g
may be used to comply with this requirement. The design analysis must address the
vent stream characteristics and control device operation parameters as specified
below:
(a) For a thermal vapor incinerator, the design analysis must consider the vent
stream composition, constituent concentrations, and flow rate. The design
analysis must also establish the design minimum and average temperature in
the combustion zone and the combustion zone residence time.
(b) For a catalytic vapor incinerator, the design analysis must consider the vent
stream composition, constituent concentrations, and flow rate. The design

analysis must also establish the design minimum and average temperatures
across the catalyst bed inlet and outlet.
(c) For a boiler or process heater, the design analysis must consider the vent
stream composition, constituent concentrations, and flow rate. The design
analysis must also establish the design minimum and average flame zone
temperatures, combustion zone residence time, and description of methods
and location where the vent stream is introduced into the combustion zone.
(d) For a flare, the design analysis must consider the vent stream composition,
constituent concentration, and flow rate. The design analysis must also
consider the requirements specified in subsection 4 of section 33.1-24-05-403.
(e) For a condenser, the design analysis must consider the vent stream
composition, constituent concentration, flow rate, relative humidity, and
temperature. The design analysis must also establish the design outlet organic
compound concentration level, design average temperature of the condenser
exhaust vent stream, and design average temperatures of the coolant fluid at
the condenser inlet and outlet.
(f) For a carbon adsorption system such as a fixed-bed adsorber that regenerates
the carbon bed directly onsite in the control device, the design analysis must
consider the vent stream composition, constituent concentrations, flow rate,
relative humidity, and temperature. The design analysis must also establish the
design exhaust vent stream organic compound concentration level, the number
and capacity of carbon beds, type and working capacity of activated carbon
used for carbon beds, design total steam flow over the period of each complete
carbon bed regeneration cycle, duration of the carbon bed steaming and
cooling or drying cycle, design carbon bed temperature after regeneration,
design carbon bed regeneration time, and design service life of carbon.
(g) For a carbon adsorption system such as a carbon canister that does not
regenerate the carbon bed directly onsite in the control device, the design
analysis must consider the vent stream composition, constituent
concentrations, flow rate, relative humidity, and temperature. The design
analysis must also establish the design outlet organic concentration level,
capacity of carbon bed, type and working capacity of activated carbon used for
carbon bed, and design carbon replacement interval based on the total carbon
working capacity of the control device and source operating schedule.
(4) A statement signed and dated by the owner or operator certifying that the operating
parameters used in the design analysis reasonably represent the conditions that
exist when the hazardous waste management unit is or would be operating at the
highest load or capacity level reasonably expected to occur.
(5) A statement signed and dated by the owner or operator certifying that the control
device is designed to operate at an efficiency of ninety-five percent or greater
unless the total organic concentration limit of subsection 1 of section
the total organic emission limits of subsection 1 of section 33.1-24-05-402 for
affected process vents at the facility can be obtained by a control device involving
vapor recovery at an efficiency less than ninety-five weight percent. A statement
provided by the control device manufacturer or vendor certifying that the control
equipment meets the design specifications may be used to comply with this
requirement.

(6) If performance tests are used to demonstrate compliance, all test results.
3. Design documentation and monitoring, operating, and inspection information for each
closed-vent system and control device required to comply with the provisions of sections
operating record. The information must include:
a. Description and date of each modification that is made to the closed-vent system or
control device design.
b. Identification of operating parameters, description of monitoring device, and diagram of
monitoring sensor location or locations used to comply with subdivisions a and b of
subsection 6 of section 33.1-24-05-403.
c. Monitoring, operating, and inspection information required by subsections 6 through 11 of
section 33.1-24-05-403.
d. Date, time, and duration of each period that occurs while the control device is operating
when any monitored parameter exceeds the value established in the control device
design analysis as specified below:
(1) For a thermal vapor incinerator designed to operate with a minimum residence time
of fifty hundredths seconds at a minimum temperature of seven hundred sixty
degrees Celsius, period when the combustion temperature is below seven hundred
sixty degrees Celsius.
(2) For a thermal vapor incinerator designed to operate with an organic emission
reduction efficiency of ninety-five weight percent or greater, period when the
combustion zone temperature is more than twenty-eight degrees Celsius below the
designed average combustion zone temperature established as a requirement of
subparagraph a of paragraph 3 of subdivision d of subsection 2.
(3) For a catalytic vapor incinerator, period when:
(a) Temperature of the vent stream at the catalytic bed inlet is more than
twenty-eight degrees Celsius below the average temperature of the inlet vent
stream established as a requirement of subparagraph b of paragraph 3 of
subdivision d of subsection 2; or
(b) Temperature difference across the catalyst bed is less than eighty percent of
the design average temperature difference established as a requirement of
subparagraph b of paragraph 3 of subdivision d of subsection 2.
(4) For a boiler or process heater, period when:
(a) Flame zone temperature is more than twenty-eight degrees Celsius below the
design average flame zone temperature established as a requirement of
subparagraph c of paragraph 3 of subdivision d of subsection 2; or
(b) Position changes where the vent stream is introduced to the combustion zone
from the location established as a requirement of subparagraph c of paragraph
3 of subdivision d of subsection 2.
(5) For a flare, period when the pilot flame is not ignited.
(6) For a condenser that complies with subparagraph a of paragraph 6 of subdivision b
of subsection 6 of section 33.1-24-05-403, period when the organic compound

concentration level or readings of organic compounds in the exhaust vent stream
from the condenser are more than twenty percent greater than the design outlet
organic compound concentration level established as a requirement of
subparagraph e of paragraph 3 of subdivision d of subsection 2.
(7) For a condenser that complies with subparagraph b of paragraph 6 of subdivision b
of subsection 6 of section 33.1-24-05-403, period when:
(a) Temperature of the exhaust vent stream from the condenser is more than six
degrees Celsius above the design average exhaust vent stream temperature
established as a requirement of subparagraph e of paragraph 3 of subdivision
d of subsection 2; or
(b) Temperature of the coolant fluid exiting the condenser is more than six degrees
Celsius above the design average coolant fluid temperature at the condenser
outlet established as a requirement of subparagraph e of paragraph 3 of
subdivision d of subsection 2.
(8) For a carbon adsorption system such as a fixed-bed carbon adsorber that
regenerates carbon bed directly onsite in the control device and complies with
subparagraph a of paragraph 7 of subdivision b of subsection 6 of section
33.1-24-05-403, period when the organic compound concentration level or readings
of organic compounds in the exhaust vent stream from the carbon bed are more
than twenty percent greater than the design exhaust vent stream organic compound
concentration level established as a requirement of subparagraph f of paragraph 3
of subdivision d of subsection 2.
(9) For a carbon adsorption system such as a fixed-bed carbon adsorber that
regenerates the carbon bed directly onsite in the control device and complies with
subparagraph b of paragraph 7 of subdivision b of subsection 6 of section
33.1-24-05-403, period when the vent stream continues to flow through the control
device beyond the predetermined carbon bed regeneration time established as a
requirement of subparagraph f of paragraph 3 of subdivision d of subsection 2.
e. Explanation for each period recorded under subdivision d of the cause for control device
operating parameter exceeding the design value and the measures implemented to
correct the control device operation.
f. For a carbon adsorption system operated subject to requirements specified in subsection
7 of section 33.1-24-05-403 or subdivision b of subsection 8 of section 33.1-24-05-403,
date when existing carbon in the control device is replaced with fresh carbon.
g. For a carbon adsorption system operated subject to requirements specified in subdivision
a of subsection 8 of section 33.1-24-05-403, a log that records:
(1) Date and time when control device is monitored for carbon breakthrough and the
monitoring device reading.
(2) Date when existing carbon in the control device is replaced with fresh carbon.
h. Date of each control device startup and shutdown.
i. An owner or operator designating any components of a closed-vent system as unsafe to
monitor pursuant to subsection 15 of section 33.1-24-05-403 shall record in a log that is
kept in the facility operating record the identification of closed-vent system components
that are designated as unsafe to monitor in accordance with the requirements of
subsection 15 of section 33.1-24-05-403, an explanation for each closed-vent system

component stating why the closed-vent system component is unsafe to monitor, and the
plan for monitoring each closed-vent system component.
j. When each leak is detected as specified in subsection 12 of section 33.1-24-05-403, the
following information shall be recorded:
(1) The instrument identification number, the closed-vent system component
identification number, and the operator name, initials, or identification number;
(2) The date the leak was detected and the date of first attempt to repair the leak;
(3) The date of successful repair of the leak;
(4) Maximum instrument reading measured by method 21 of 40 CFR part 60,
appendix A, after it is successfully repaired or determined to be nonrepairable; and
(5) "Repair delayed" and the reason for the delay if a leak is not repaired within fifteen
calendar days after discovery of the leak:
(a) The owner or operator may develop a written procedure that identifies the
conditions that justify a delay of repair. In such cases, reasons for delay of
repair may be documented by citing the relevant sections of the written
procedure.
(b) If delay of repair was caused by depletion of stocked parts, there must be
documentation that the spare parts were sufficiently stocked onsite before
depletion and the reason for depletion.
4. Records of the monitoring, operating, and inspection information required by subdivisions c
through j of subsection 3 must be maintained by the owner or operator for at least three years
following the date of each occurrence, measurement, maintenance, corrective action, or
record.
5. For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare,
boiler, process heater, condenser, or carbon adsorption system, the department will specify
the appropriate recordkeeping requirements.
6. Up to date information and data used to determine whether or not a process vent is subject to
the requirements in section 33.1-24-05-402, including supporting documentation as required
by subdivision b of subsection 4 of section 33.1-24-05-404 when application of the knowledge
of the nature of the hazardous waste stream or the process by which it was produced is used,
must be recorded in a log that is kept in the facility operating record.
History: Effective January 1, 2019.
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
### § 33.1-24-05-406. Reporting requirements.

1. A semiannual report must be submitted by owners and operators subject to the requirements
of sections 33.1-24-05-400 through 33.1-24-05-419 to the department by dates specified by
the department. The report must include the following information:
a. The identification number, name, and address of the facility.
b. For each month during the semiannual reporting period, dates when the control device
exceeded or operated outside of the design specifications as defined in subdivision d of
subsection 3 of section 33.1-24-05-405 and as indicated by the control device monitoring

required by subsection 6 of section 33.1-24-05-403 and such exceedances were not
corrected within twenty-four hours, or that a flare operated with visible emissions as
designed in subsection 4 of section 33.1-24-05-03 and as determined by method 22
monitoring, the duration and cause of each exceedance or visible emission, and any
corrective measures taken.
2. If, during the semiannual reporting period, the control device does not exceed or operate
outside of the design specifications as defined in subdivision d of subsection 3 of section
emissions as defined in subsection 4 of section 33.1-24-05-403, a report to the department is
not required.
History: Effective January 1, 2019.
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
### § 33.1-24-05-407. [Reserved].

### § 33.1-24-05-408. [Reserved].

### § 33.1-24-05-409. [Reserved].

### § 33.1-24-05-410. [Reserved].

### § 33.1-24-05-411. [Reserved].

### § 33.1-24-05-412. [Reserved].

### § 33.1-24-05-413. [Reserved].

### § 33.1-24-05-414. [Reserved].

### § 33.1-24-05-415. [Reserved].

### § 33.1-24-05-416. [Reserved].

### § 33.1-24-05-417. [Reserved].

### § 33.1-24-05-418. [Reserved].

### § 33.1-24-05-419. [Reserved].

### § 33.1-24-05-420. Applicability to air emission standards for equipment leaks.

1. The regulations in sections 33.1-24-05-420 through 33.1-24-05-449 apply to owners and
operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in
section 33.1-24-05-01).

2. Except as provided in subsection 11 of section 33.1-24-05-434, sections 33.1-24-05-420
through 33.1-24-05-449 apply to equipment that contains or contacts hazardous waste with
organic concentrations of at least ten percent by weight that are managed in one of the
following:
a. A unit that is subject to the permitting requirements of chapter 33.1-24-06;
b. A unit (including a hazardous waste recycling unit) that is not exempt from permitting
under the provisions of subsection 1 of section 33.1-24-03-12 (for example, a hazardous
waste recycling unit that is not a ninety-day tank or container) and that is located at a
hazardous waste management facility otherwise subject to the permitting requirements of
chapter 33.1-24-06; or
c. A unit that is exempt from permitting under the provisions of subsection 1 of section
under the provisions of section 33.1-24-02-06.
3. For the owner or operator of a facility subject to sections 33.1-24-05-420 through
33.1-24 prior to December 6, 1996, the requirements of sections 33.1-24-05-420 through
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 owner or operator receives a
final state-issued hazardous waste permit incorporating the requirements of sections
requirements of subsection 5 of section 33.1-24-06-16.
4. Each piece of equipment to which sections 33.1-24-05-420 through 33.1-24-05-449 apply
must be marked in such a manner that it can be distinguished readily from other pieces of
equipment.
5. Equipment that is in vacuum service is excluded from the requirements of sections
of section 33.1-24-05-434.
6. Equipment that contains or contacts hazardous waste with an organic concentration of at least
ten percent by weight for less than three hundred hours per calendar year is excluded from
the requirements of sections 33.1-24-05-422 through 33.1-24-05-430 if it is identified as
required in subdivision f of subsection 7 of section 33.1-24-05-434.
7. Purged coatings and solvents from surface coating operations subject to the national emission
standards for hazardous air pollutants (NESHAP) for the surface coating of automobiles and
light-duty trucks at 40 CFR part 63, subpart IIII, are not subject to the requirements of sections
Note: The requirements of sections 33.1-24-05-422 through 33.1-24-05-435 apply to
equipment associated with hazardous waste recycling units previously exempt under
subdivision a of subsection 3 of section 33.1-24-02-06. Other exemptions under section
requirements.
History: Effective January 1, 2019.
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

### § 33.1-24-05-421. Definitions as used in sections 33.

1-24-05-420 through 33.1-24-05-449.
All terms have the meaning given them in section 33.1-24-05-401, North Dakota Century Code
chapter 23.1-04, and chapters 33.1-24-01 through 33.1-24-05.
History: Effective January 1, 2019.
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
### § 33.1-24-05-422. Standards - Pumps in light liquid service.

1. Time frame.
a. Each pump in light liquid service must be monitored monthly to detect leaks by the
method specified in subsection 2 of section 33.1-24-05-433, 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.
2. Indicators.
a. If an instrument reading of ten thousand parts per million or greater is measured, a leak
is detected.
b. If there are indications of liquids dripping from the pump seal, a leak is detected.
3. Response.
a. When a leak is detected, it must be repaired as soon as practicable, but not later than
fifteen calendar days after it is detected, except as provided in section 33.1-24-05-429.
b. A first attempt at repair (for example, tightening the packing gland) must be made no later
than five calendar days after each leak is detected.
4. Each pump equipped with a dual mechanical seal system that includes a barrier fluid system
is exempt from the requirements of subsection 1, provided the following requirements are met:
a. Each dual mechanical seal system must be:
(1) Operated with the barrier fluid at a pressure that is at all times greater than the
pump stuffing box pressure;
(2) Equipped with a barrier fluid degasing reservoir that is connected by a closed-vent
system to a control device that complies with requirements of section
33.1-24-05-430; or
(3) Equipped with a system that purges the barrier fluid into a hazardous waste stream
with no detectable emissions to the atmosphere.
b. The barrier fluid system must not be a hazardous waste with organic concentrations ten
percent or greater by weight.
c. Each barrier fluid system must be equipped with a sensor that will detect failure of the
sealed system, the barrier fluid system, or both.
d. Each pump must be checked by visual inspection each calendar week for indications of
liquids dripping from the pump seals.

e. Checks.
(1) Each sensor as described in subdivision c must be checked daily or be equipped
with an audible alarm that must be checked monthly to ensure that it is functioning
properly.
(2) The owner or operator must determine, based on design considerations and
operating experience, a criterion that indicates failure of the seal system, the barrier
fluid system, or both.
f. Leaks.
(1) If there are indications of liquids dripping from the pump seal or the sensor indicates
failure of the seal system, the barrier fluid system, or both, based on the criterion
determined in paragraph 2 of subdivision e, a leak is detected.
(2) When a leak is detected it must be repaired as soon as practicable, but not later
than fifteen calendar days after it is detected, except as provided in section
33.1-24-05-429.
(3) A first attempt at repair (for example, relapping the seal) must be made no later than
five calendar days after each leak is detected.
5. Any pump that is designated, as described in subdivision b of subsection 7 of section
33.1-24-05-434, for no detectable emissions, as indicated by an instrument reading of less
than five hundred parts per million above background, is exempt from the requirements of
subsections 1, 3, and 4 if the pump meets the following requirements:
a. Must have no externally actuated shaft penetrating the pump housing.
b. Must operate with no detectable emissions as indicated by an instrument reading of less
than five hundred parts per million above background as measured by the methods
specified in subsection 3 of section 33.1-24-05-433.
c. Must be tested for compliance with subdivision b initially upon designation, annually, and
at other times as requested by the department.
6. If any pump is equipped with a closed-vent system capable of capturing and transporting any
leakage from the seal or seals to a control device that complies with the requirements of
section 33.1-24-05-430, it is exempt from the requirements of subsections 1 through 5.
History: Effective January 1, 2019.
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
### § 33.1-24-05-423. Standards - Compressors.

1. Each compressor must be equipped with a seal system that includes a barrier fluid system
and that 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 the barrier fluid system that is connected by a closed-vent system to a
control device that complies with the requirements of section 33.1-24-05-430; or

c. Equipped with a system that purges the barrier fluid into a hazardous waste stream with
no detectable emissions to atmosphere.
3. The barrier fluid must not be a hazardous waste with organic concentrations ten percent or
greater by weight.
4. Each barrier fluid system as described in subsections 1 through 3 must be equipped with a
sensor that would detect failure of the sealed system, barrier fluid system, or both.
5. Checks.
a. Each sensor as required in subsection 4 must be checked daily or must be equipped with
an audible alarm that must be checked monthly to ensure that it is functioning properly
unless the compressor is located within the boundary of an unmanned plantsite, in which
case the sensor must be checked daily.
b. The owner or operator shall determine, based on design consideration and operating
experience, a criterion that indicates failure of the seal system, the barrier fluid system, or
both.
6. If the sensor indicates failure of the seal system, the barrier fluid system, or both, based on
the criterion determined under subdivision b of subsection 5, a leak is detected.
7. Leaks.
a. When a leak is detected, it must be repaired as soon as practicable, but not later than
fifteen calendar days after it is detected, except as provided in section 33.1-24-05-429.
b. A first attempt at repair, for example, tightening the packing gland, must be made no later
than five calendar days after each leak is detected.
8. A compressor is exempt from the requirements of subsections 1 and 2 if it is equipped with a
closed-vent system capable of capturing and transporting any leakage from the seal to a
control device that complies with the requirements of section 33.1-24-05-430 except as
provided in subsection 9.
9. Any compressor that is designed, as described in subdivision b of subsection 7 of section
33.1-24-05-434, for no detectable emissions as indicated by an instrument reading of less
than five hundred parts per million above background is exempt from the requirements of
subsections 1 through 8 if the compressor:
a. Is determined to be operating 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 33.1-24-05-433.
b. Is tested for compliance with subdivision a of subsection 9 initially upon designation,
annually, and other times as requested by the department.
History: Effective January 1, 2019.
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
### § 33.1-24-05-424. Standards - Pressure relief devices in gas or vapor service.

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 33.1-24-05-433.

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
33.1-24-05-429.
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 33.1-24-05-433.
3. Any pressure relief device that is equipped with a closed-vent system capable of capturing
and transporting leakage from the pressure relief device to a control device as described in
section 33.1-24-05-430 is exempt from the requirements of subsections 1 and 2.
History: Effective January 1, 2019.
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
### § 33.1-24-05-425. Standards - Sampling connection systems.

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
waste management unit that complies with the applicable requirements of sections
requirements of section 33.1-24-05-430.
3. In situ sampling systems and sampling systems without purges are exempt from the
requirements of subsections 1 and 2.
History: Effective January 1, 2019.
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
### § 33.1-24-05-426. Standards - Open-ended valves or lines.

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 waste stream flow through the open-ended valve
or line.

2. Each open-ended valve or line equipped with a second valve must be operated in a manner
such that the valve on the hazardous waste stream end is closed before the second valve is
closed.
3. When a double block and bleed system is being used, the bleed valve or line may remain
open during operations that require venting the line between the block valves but must comply
with subsection 1 at all other times.
History: Effective January 1, 2019.
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
### § 33.1-24-05-427. Standards - Valves in gas or vapor service or in light liquid service.

1. Each valve in gas or vapor or light liquid service must be monitored monthly to detect leaks by
the methods specified in subsection 2 of section 33.1-24-05-433 and must comply with
subsections 2 through 5, except as provided in subsections 6, 7, and 8 and sections
2. If an instrument reading of ten thousand parts per million or greater is measured, a leak is
detected.
3. Timeframe.
a. Any valve for which a leak is not detected for two successive months may be monitored
the first month of every succeeding quarter, beginning with the next quarter, until a leak is
detected.
b. If a leak is detected, the valve must be monitored monthly until a leak is not detected for
two successive months.
4. Release.
a. When a leak is detected, it must be repaired as soon as practicable, but no later than
fifteen calendar days after the leak is detected, except as provided in section
33.1-24-05-429.
b. A first attempt at repair must be made no later than five calendar days after each leak is
detected.
5. First attempts at repair include the following best practices where applicable:
a. Tightening of bonnet bolts.
b. Replacement of bonnet bolts.
c. Tightening of packing gland nuts.
d. Injection of lubricant into lubricated packing.
6. Any valve that is designated, as described in subdivision b of subsection 7 of section
33.1-24-05-434, for no detectable emissions, as indicated by an instrument reading of less
than five hundred parts per million above background, is exempt from the requirements of
subsection 1 if the valve:
a. Has no external actuating mechanism in contact with the hazardous waste stream.

b. Is operated with emissions less than five hundred parts per million above background as
determined by the methods specified in subsection 3 of section 33.1-24-05-433.
c. Is tested for compliance with subdivision b initially upon designation, annually, and at
other times as requested by the department.
7. Any valve that is designated, as described in subdivision a of subsection 8 of section
subsection 1 if:
a. The owner or operator of the valve determines that the valve is unsafe to monitor
because monitoring personnel would be exposed to an immediate danger as a
consequence of complying with subsection 1.
b. The owner or operator of the valve adheres to a written plan that requires monitoring of
the valve as frequently as practicable during safe-to-monitor times.
8. Any valve that is designated as described in subdivision b of subsection 8 of section
33.1-24-05-434, as a difficult-to-monitor valve is exempt from the requirements of subsection 1
if:
a. The owner or operator of the valve determines that the valve cannot be monitored
without elevating the monitoring personnel more than two meters above a support
surface.
b. The hazardous waste management unit within which the valve is located was in
operation before June 21, 1990.
c. The owner or operator of the valve follows a written plan that requires monitoring of the
valve at least once per calendar year.
History: Effective January 1, 2019.
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
### § 33.1-24-05-428. Standards - Pumps and valves in heavy liquid service, pressure relief

devices in light liquid or heavy liquid service, and flanges and other connectors.
1. Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid
service, and flanges and other connectors must be monitored within five days by the method
specified in subsection 2 of section 33.1-24-05-433 if evidence of a potential leak is found by
visual, audible, olfactory, or any other detection method.
2. If an instrument reading of ten thousand parts per million or greater is measured, a leak is
detected.
3. Timeframe.
a. When a leak is detected, it must be repaired as soon as practicable, but not later than
fifteen calendar days after it is detected, except as provided in section 33.1-24-05-429.
b. The first attempt at repair must be made no later than five calendar days after each leak
is detected.
4. First attempts at repair include the best practices described under subsection 5 of section
33.1-24-05-427.

5. Any connector that is inaccessible or is ceramic or ceramic-lined (for example, porcelain,
glass, or glass-lined) is exempt from the monitoring requirements of subsection 1 and from the
recordkeeping requirements of section 33.1-24-05-434.
History: Effective January 1, 2019.
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
### § 33.1-24-05-429. Standards - Delay of repair.

1. Delay of repair of equipment for which leaks have been detected will be allowed if the repair is
technically unfeasible without a hazardous waste management unit shutdown. In such a case,
repair of this equipment must occur before the end of the next hazardous waste management
unit shutdown.
2. Delay of repair of equipment for which leaks have been detected will be allowed for equipment
that is isolated from the hazardous waste management unit and that does not continue to
contain or contact hazardous waste with organic concentrations of at least ten percent by
weight.
3. Delay of repair for valves will be allowed if:
a. The owner or operator determines that emissions of purged material resulting from
immediate repair are greater than the emissions likely to result from delay of repair.
b. When repair procedures are effected, the purged material is collected and destroyed or
recovered in a control device complying with section 33.1-24-05-430.
4. Delay of repair for pumps will be allowed if:
a. Repair requires the use of a dual mechanical seal system that includes a barrier fluid
system.
b. Repair is completed as soon as practicable, but not later than six months after the leak
was detected.
5. Delay of repair beyond a hazardous waste management unit shutdown will be allowed for a
valve if valve assembly replacement is necessary during the hazardous waste management
unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies
had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the
next hazardous waste management unit shutdown will not be allowed unless the next
hazardous waste management unit shutdown occurs sooner than six months after the first
hazardous waste management unit shutdown.
History: Effective January 1, 2019.
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
### § 33.1-24-05-430. Standards - Closed-vent systems and control devices.

1. Owners and operators of closed-vent systems and control devices subject to sections
33.1-24-05-403.
2. For:
a. The owner or operator of an existing facility who cannot install a closed-vent system and
control device to comply with the provisions of sections 33.1-24-05-420 through

sections 33.1-24-05-420 through 33.1-24-05-449 must prepare an implementation
schedule that includes dates by which the closed-vent system and control device will be
installed and in operation. The controls must be installed as soon as possible, but the
implementation schedule may allow up to thirty months after the effective date that the
facility becomes subject to sections 33.1-24-05-420 through 33.1-24-05-449 for
installation and start-up.
b. Any unit that begins operation after December 21, 1990, and is subject to the provisions
of sections 33.1-24-05-420 through 33.1-24-05-449 when operation begins, must comply
with the rules immediately (for example, must have control devices installed and
operating on start-up of the affected unit); the thirty-month implementation schedule does
not apply.
c. The owner or operator of any facility in existence on the effective date of a statutory or
regulatory amendment that renders the facility subject to sections 33.1-24-05-420
through 33.1-24-05-449 shall comply with all requirements of sections 33.1-24-05-420
through 33.1-24-05-449 as soon as practicable but no later than thirty months after the
amendment's effective date. When control equipment required by sections
effective date of the amendment, the facility owner or operator shall prepare an
implementation schedule that includes the following information: specific calendar dates
for award of contracts or issuance of purchase orders for the control equipment, initiation
of onsite installation of the control equipment, completion of the control equipment
installation, and performance of any testing to demonstrate that the installed equipment
meets the applicable standards of sections 33.1-24-05-420 through 33.1-24-05-449. The
owner or operator shall enter the implementation schedule in the operating record or in a
permanent, readily available file located at the facility.
d. Owners and operators of facilities and units that become newly subject to the
requirements of sections 33.1-24-05-420 through 33.1-24-05-449 after December 8,
1997, due to an action other than those described in subdivision c must comply with all
applicable requirements immediately (for example, must have control devices installed
and operating on the date the facility or unit becomes subject to sections 33.1-24-05-420
through 33.1-24-05-449; the thirty-month implementation schedule does not apply).
History: Effective January 1, 2019.
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
### § 33.1-24-05-431. Alternative standards for valves in gas or vapor service or light liquid

service - Percentage of valves allowed to leak.
1. An owner or operator subject to the requirements of section 33.1-24-05-427 may elect to have
all valves within a hazardous waste management unit comply with an alternative standard that
allows no greater than two percent of the valves to leak.
2. The following requirements must be met if an owner or operator decides to comply with the
alternative standard of allowing two percent of valves to leak:
a. A performance test as specified in subsection 3 must be conducted initially upon
designation, annually, and at other times requested by the department.
b. If a valve leak is detected, it must be repaired in accordance with subsections 4 and 5 of
section 33.1-24-05-427.

3. Performance tests must be conducted in the following manner:
a. All valves subject to requirements in section 33.1-24-05-427 within the hazardous waste
management unit shall be monitored within one week by the methods specified in
subsection 2 of section 33.1-24-05-433.
b. If an instrument reading of ten thousand parts per million or greater is measured, a leak
is detected.
c. The leak percentage must be determined by dividing the number of valves subject to the
requirements in section 33.1-24-05-427 for which leaks are detected by the total number
of valves subject to the requirements in section 33.1-24-05-427 within the hazardous
waste management unit.
History: Effective January 1, 2019.
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
### § 33.1-24-05-432. Alternative standard for valves in gas or vapor service or in light liquid

service - Skip period leak detection and repair.
1. An owner or operator subject to the requirements of section 33.1-24-05-427 may elect for all
valves within a hazardous waste management unit to comply with one of the alternative work
practices specified in subdivisions b and c of subsection 2.
2. Requirements.
a. An owner or operator shall comply with the requirements for valves, as described in
section 33.1-24-05-427, except as described in subdivisions b and c.
b. After two consecutive quarterly leak detection periods with the percentage of valves
leaking equal to or less than two percent, an owner or operator may begin to skip one of
the quarterly leak detection periods (for example, monitor for leaks once every six
months) for the valves subject to the requirements in section 33.1-24-05-427.
c. After five consecutive quarterly leak detection periods with the percentage of valves
leaking equal to or less than two percent, an owner or operator may begin to skip three of
the quarterly leak detection periods (for example, monitor for leaks once every year) for
the valves subject to the requirements in section 33.1-24-05-427.
d. If the percentage of valves leaking is greater than two percent, the owner or operator
shall monitor monthly in compliance with the requirements in section 33.1-24-05-427, but
may again elect to use this section after meeting the requirements of subdivision a of
subsection 3 of section 33.1-24-05-427.
History: Effective January 1, 2019.
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
### § 33.1-24-05-433. Test methods and procedures.

1. Each owner or operator subject to the provisions of sections 33.1-24-05-420 through
this section.
2. Leak detection monitoring, as required in sections 33.1-24-05-422 through 33.1-24-05-432,
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 gas must be:
(1) Zero air (less than ten parts per million of 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 instrument probe must be traversed around all potential leak interfaces as close to
the interface as possible as described in reference method 21.
3. When equipment is tested for compliance with no detectable emissions, as required in
subsection 5 of section 33.1-24-05-422, subsection 9 of section 33.1-24-05-423, section
33.1-24-05-424, and subsection 6 of section 33.1-24-05-427, the test must comply with the
following requirements:
a. The requirements of subdivisions a through d of subsection 2 apply.
b. The background level must be determined as set forth in reference method 21.
c. The instrument probe must be traversed around all potential leak interfaces as close to
the interface as possible as described in reference method 21.
d. 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.
4. In accordance with the waste analysis plan required by subsection 2 of section 33.1-24-05-04,
an owner or operator of the facility must determine, for each piece of equipment, whether the
equipment contains or contacts a hazardous waste with organic concentration that equals or
exceeds ten percent by weight using the following:
a. Methods described in American society for testing and materials methods D2267-88,
E169-87, E168-88, E260-85 (incorporated by reference under section 33.1-24-01-05);
b. Method 9060A (incorporated by reference under section 33.1-24-01-05) of "Test Methods
for Evaluating Solid Waste," environmental protection agency publication SW-846, for
computing total organic concentration of the sample, or analyzed for its individual organic
constituents; or
c. Application of the knowledge of the nature of the hazardous waste stream or process by
which it was produced. Documentation of a waste determination by knowledge is
required. Examples of documentation that must be used to support a determination
under this provision include production process information documenting that no organic
compounds are used, information that the waste is generated by a process that is
identical to a process at the same or another facility that has previously been
demonstrated by direct measurement to have a total organic content less than ten
percent, or prior speciation analysis results on the same waste stream where it can also
be documented that no process changes have occurred since that analysis that could
affect the waste total organic concentration.

5. If an owner or operator determines that a piece of equipment contains or contacts a
hazardous waste with organic concentrations at least ten percent by weight, the determination
can be revised only after following the procedures in subdivision a or b of subsection 4.
6. When an owner or operator and the department do not agree on whether a piece of
equipment contains or contacts a hazardous waste with organic concentrations at least ten
percent by weight, the procedures in subdivision a or b of subsection 4 can be used to resolve
the dispute.
7. Samples used in determining the percent organic content must be representative of the
highest total organic content hazardous waste that is expected to be contained in or contact
the equipment.
8. To determine if pump or valves are in light liquid service, the vapor pressures of constituents
may be obtained from standard reference texts or may be determined by American society for
testing and materials D-2879-86 (incorporated by reference under section 33.1-24-01-05).
9. Performance tests to determine if control device achieves ninety-five weight percent organic
emission reduction shall comply with the procedures of subdivisions a through d of
subsection 3 of section 33.1-24-05-404.
History: Effective January 1, 2019.
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
### § 33.1-24-05-434. Recordkeeping requirements.

1. Owner or operator.
a. Each owner or operator subject to the provisions of sections 33.1-24-05-420 through
b. An owner or operator of more than one hazardous waste management unit subject to the
provisions of sections 33.1-24-05-420 through 33.1-24-05-449 may comply with the
recordkeeping requirements for these hazardous waste management units in one
recordkeeping system if the system identifies each record by each hazardous waste
management unit.
2. Owners and operators must record the following information in the facility operating record:
a. For each piece of equipment to which sections 33.1-24-05-420 through 33.1-24-05-449
applies:
(1) Equipment identification number and hazardous waste management unit
identification.
(2) Approximate locations within the facility, for example, identify the hazardous waste
management unit on a facility plot plan.
(3) Type of equipment, for example, a pump or pipeline valve.
(4) Percent-by-weight total organics in the hazardous waste stream at the equipment.
(5) Hazardous waste state at the equipment, for example, gas/vapor or liquid.
(6) Method of compliance with the standard, for example, "monthly leak detection and
repair" or "equipped with dual mechanical seals".

b. For facilities that comply with the provisions of subdivision b of subsection 1 of section
33.1-24-05-403, an implementation schedule as specified in subdivision b of
subsection 1 of section 33.1-24-05-403.
c. Where an owner or operator chooses to use test data to demonstrate the organic
removal efficiency or total organic compound concentration achieved by the control
device, a performance test plan as specified in subdivision c of subsection 2 of section
33.1-24-05-405.
d. Documentation of compliance with section 33.1-24-05-430, including the detailed design
documentation or performance test results specified in subdivision d of subsection 2 of
section 33.1-24-05-405.
3. When each leak is detected as specified in sections 33.1-24-05-422, 33.1-24-05-423,
33.1-24-05-427, and 33.1-24-05-428, the following requirements apply:
a. A weatherproof and fully visible identification, marked with the equipment identification
number, the date evidence of a potential leak was found in accordance with subsection 1
of section 33.1-24-05-428, and the date the leak was detected, must be attached to the
leaking equipment.
b. The identification on equipment, except on a valve, may be removed after it has been
repaired.
c. The identification on a valve may be removed after it has been monitored for two
successive months as specified in subsection 3 of section 33.1-24-05-427 and no leak
has been detected during those two months.
4. When each leak is detected as specified in sections 33.1-24-05-422, 33.1-24-05-423,
33.1-24-05-427, and 33.1-24-05-428, the following information must be recorded in an
inspection log and must be kept in the facility operating record:
a. The instrument and operator identification numbers and the equipment identification
number.
b. The date evidence of a potential leak was found in accordance with subsection 1 of
section 33.1-24-05-428.
c. The date the leak was detected and the dates of each attempt to repair the leak.
d. Repair methods applied in each attempt to repair the leak.
e. "Above ten thousand" if the maximum instrument reading measured by the methods
specified in subsection 2 of section 33.1-24-05-433 after each repair attempt is equal to
or greater than ten thousand parts per million.
f. "Repair delayed" and the reason for the delay if a leak is not repaired within fifteen
calendar days after discovery of the leak.
g. Documentation supporting the delay of repair of a valve in compliance with subsection 3
of section 33.1-24-05-429.
h. The signature of the owner or operator (or designate) whose decision it was that repair
could not be effected without a hazardous waste management unit shutdown.
i. The expected date of successful repair of the leak if a leak is not repaired within fifteen
calendar days.

j. The date of successful repair of the leak.
5. Design documentation and monitoring, operating, and inspection information for each
closed-vent system and control device required to comply with the provisions of section
specified in subsection 3 of section 33.1-24-05-405. Design documentation as specified in
subdivisions a and b of subsection 3 of section 33.1-24-05-405 and monitoring, operating, and
inspection information in subdivisions c through h of subsection 3 of section 33.1-24-05-405.
6. For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare,
boiler, process heater, condenser, or carbon adsorption system, the department will specify
the appropriate recordkeeping requirements.
7. The following information pertaining to all equipment subject to the requirements in sections
operating record:
a. A list of identification numbers for equipment (except welded fitting) subject to the
requirements of sections 33.1-24-05-420 through 33.1-24-05-449.
b. Equipment.
(1) A list of identification numbers for equipment that the owner or operator elects to
designate for no detectable emissions, as indicated by an instrument reading of less
than five hundred parts per million above background, under the provisions of
subsection 5 of section 33.1-24-05-422, subsection 9 of section 33.1-24-05-423,
and subsection 6 of section 33.1-24-05-427.
(2) The designation of this equipment as subject to the requirements of subsection 5 of
section 33.1-24-05-422, subsection 9 of section 33.1-24-05-423, or subsection 6 of
section 33.1-24-05-427 must be signed by the owner or operator.
c. A list of equipment identification numbers for pressure relief devices required to comply
with subsection 1 of section 33.1-24-05-424.
d. Data.
(1) The dates of each compliance test required in subsection 5 of section
33.1-24-05-422, subsection 9 of section 33.1-24-05-423, section 33.1-24-05-424,
and subsection 6 of section 33.1-24-05-427.
(2) The background level measured during each compliance test.
(3) The maximum instrument reading measured at the equipment during each
compliance test.
e. A list of identification numbers for equipment in vacuum service.
f. Identification, either by list or location (area or group) of equipment that contains or
contacts hazardous waste with an organic concentration of at least ten percent by weight
for less than three hundred hours per calendar year.
8. The following information pertaining to all valves subject to the requirements of subsections 7
and 8 of section 33.1-24-05-427 must be recorded in a log that is kept in the facility operating
record.

a. A list of identification numbers for valves that are designated as unsafe to monitor, an
explanation for each valve stating why the valve is unsafe to monitor, and the plan for
monitoring each valve.
b. A list of identification numbers for valves that are designated as difficult to monitor, an
explanation for each valve stating why the valve is difficult to monitor, and the planned
schedule for monitoring each valve.
9. The following information must be recorded in the facility operating record for valves
complying with section 33.1-24-05-432:
a. A schedule of the monitoring.
b. The percent of valves found leaking during each monitoring period.
10. The following information must be recorded in a log that is kept in the facility operating record:
a. Criteria required in paragraph 2 of subdivision e of subsection 4 of section
explanation of the design criteria.
b. Any changes to these criteria and the reasons for the changes.
11. The following information must be recorded in a log that is kept in the facility operating record
for use in determining exemptions as provided in the applicability section of sections
a. An analysis determining the design capacity of the hazardous waste management unit.
b. A statement listing the hazardous waste influent to and effluent from each hazardous
waste management unit subject to the requirements in sections 33.1-24-05-422 through
liquids.
c. An up-to-date analysis and the supporting information and data used to determine
whether or not equipment is subject to the requirements in sections 33.1-24-05-422
through 33.1-24-05-430. The record must include supporting documentation as required
by subdivision c of subsection 4 of section 33.1-24-05-433 when application of the
knowledge of the nature of the hazardous waste stream or the process by which it was
produced is used. If the owner or operator takes any action, for example, changing the
process that produced the waste, that could result in an increase in the total organic
content of the waste contained in or contacted by equipment determined not to be
subject to the requirements in sections 33.1-24-05-422 through 33.1-24-05-430, then a
new determination is required.
12. Records of the equipment leak information required by subsection 4 and the operating
information required by subsection 5 need be kept only three years.
13. The owner or operator of any facility with equipment that is subject to sections 33.1-24-05-420
through 33.1-24-05-449 and to the regulations at 40 CFR parts 60, 61, or 63, may elect to
determine compliance with sections 33.1-24-05-420 through 33.1-24-05-449 either by
documentation pursuant to section 33.1-24-05-434, or by documentation of compliance with
the regulations at 40 CFR parts 60, 61, or 63, pursuant to the relevant provisions of the
regulations at 40 CFR parts 60, 61, or 63. The documentation of compliance under the
regulations at 40 CFR parts 60, 61, or 63 must be kept with or made readily available with the
facility operating record.

History: Effective January 1, 2019.
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
### § 33.1-24-05-435. Reporting requirements.

1. A semiannual report must be submitted by owners and operators subject to the requirements
of sections 33.1-24-05-420 through 33.1-24-05-449 to the department by dates specified by
the department. The report must include the following information:
a. The identification number, name, and address of the facility.
b. For each month during the semiannual reporting period:
(1) The equipment identification number of each valve for which a leak was not repaired
as required in subsection 4 of section 33.1-24-05-427.
(2) The equipment identification number of each pump for which a leak was not
repaired as required in subdivision f of subsection 4 of section 33.1-24-05-422 and
subsection 3 of section 33.1-24-05-422.
(3) The equipment identification number of each compressor for which a leak was not
repaired as required in subsection 7 of section 33.1-24-05-423.
c. Dates of hazardous waste management unit shutdowns that occurred within the
semiannual reporting period.
d. For each month during the semiannual reporting period, dates when the control device
installed as required by section 33.1-24-05-422, 33.1-24-05-423, 33.1-24-05-424, or
subsection 5 of section 33.1-24-05-434 and as indicated by the control device monitoring
required by section 33.1-24-05-430 and was not corrected within twenty-four hours, the
duration and cause of each exceedance, and any corrective measures taken.
2. If, during the semiannual reporting period, leaks from valves, pumps, and compressors are
repaired as required in subsection 4 of section 33.1-24-05-427, subdivision f of subsection 4
of section 33.1-24-05-422, subsection 3 of section 33.1-24-05-422, and subsection 7 of
section 33.1-24-05-423, respectively, and the control device does not exceed or operate
outside of the design specifications as defined in subsection 5 of section 33.1-24-05-434 for
more than twenty-four hours, a report to the department is not required.
History: Effective January 1, 2019.
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
### § 33.1-24-05-436. [Reserved].

### § 33.1-24-05-437. [Reserved].

### § 33.1-24-05-438. [Reserved].

### § 33.1-24-05-439. [Reserved].

### § 33.1-24-05-440. [Reserved].


### § 33.1-24-05-441. [Reserved].

### § 33.1-24-05-442. [Reserved].

### § 33.1-24-05-443. [Reserved].

### § 33.1-24-05-444. [Reserved].

### § 33.1-24-05-445. [Reserved].

### § 33.1-24-05-446. [Reserved].

### § 33.1-24-05-447. [Reserved].

### § 33.1-24-05-448. [Reserved].

### § 33.1-24-05-449. [Reserved].

### § 33.1-24-05-450. Applicability to air emission standards for tanks, surface impoundments,

and containers.
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
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.
History: Effective January 1, 2019.
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
### § 33.1-24-05-451. Definitions.

As used in sections 33.1-24-05-450 through 33.1-24-05-474, all terms shall have the meaning
given to them as defined below or as defined elsewhere in this article.
1. "Average volatile organic concentration" or "average VO concentration" means the
mass-weighted average volatile organic concentration of a hazardous waste as determined in
accordance with the requirements of section 33.1-24-05-454.
2. "Closure device" means a cap, hatch, lid, plug, seal, valve, or other type of fitting that blocks
an opening in a cover such that when the device is secured in the closed position it prevents
or reduces air pollutant emissions to the atmosphere. Closure devices include devices that are
detachable from the cover (for example, a sampling port cap), manually operated (for
example, a hinged access lid or hatch), or automatically operated (for example, a
spring-loaded pressure relief valve).
3. "Continuous seal" means a seal that forms a continuous closure that completely covers the
space between the edge of the floating roof and the wall of a tank. A continuous seal may be a
vapor-mounted seal, liquid-mounted seal, or metallic shoe seal. A continuous seal may be
constructed of fastened segments so as to form a continuous seal.
4. "Cover" means a device that provides a continuous barrier over the hazardous waste
managed in a unit to prevent or reduce air pollutant emissions to the atmosphere. A cover may
have openings (such as access hatches, sampling ports, gauge wells) that are necessary for
operation, inspection, maintenance, and repair of the unit on which the cover is used. A cover
may be a separate piece of equipment which can be detached and removed from the unit or a
cover may be formed by structural features permanently integrated into the design of the unit.
5. "Enclosure" means any structure that surrounds a tank or container, captures organic vapors
emitted from the tank or container, and vents the captured vapors through a closed-vent
system to a control device.
6. "External floating roof" means a pontoon or double-deck type cover that rests on the surface
of a material managed in a tank with no fixed roof.
7. "Fixed roof" means a cover that is mounted on a unit in a stationary position and does not
move with fluctuations in the level of the material managed in the unit.
8. "Floating membrane cover" means a cover consisting of a synthetic flexible membrane
material that rests upon and is supported by the hazardous waste being managed in a surface
impoundment.
9. "Floating roof" means a cover consisting of a double deck, pontoon single deck, or internal
floating cover which rests upon and is supported by the material being contained, and is
equipped with a continuous seal.
10. "Hard-piping" means pipe or tubing that is manufactured and properly installed in accordance
with relevant standards and good engineering practices.
11. "In light material service" means the container is used to manage a material for which both of
the following conditions apply: The vapor pressure of one or more of the organic constituents
in the material is greater than 0.3 kilopascals at 20 degrees Celsius; and the total
concentration of the pure organic constituents having a vapor pressure greater than
0.3 kilopascals at 20 degrees Celsius is equal to or greater than twenty percent by weight.

12. "Internal floating roof" means a cover that rests or floats on the material surface (but not
necessarily in complete contact with it) inside a tank that has a fixed roof.
13. "Liquid-mounted seal" means a foam or liquid-filled primary seal mounted in contact with the
hazardous waste between the tank wall and the floating roof continuously around the
circumference of the tank.
14. "Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air
pollution control equipment, process equipment, or a process to operate in a normal or usual
manner. Failures that are caused in part by poor maintenance or careless operation are not
malfunctions.
15. "Maximum organic vapor pressure" means the sum of the individual organic constituent partial
pressures exerted by the material contained in a tank, at the maximum vapor
pressure-causing conditions (for example, temperature, agitation, pH effects of combining
wastes, etc.) reasonably expected to occur in the tank. For the purpose of sections
using the procedures specified in subsection 3 of section 33.1-24-05-453.
16. "Metallic shoe seal" means a continuous seal that is constructed of metal sheets which are
held vertically against the wall of the tank by springs, weighted levers, or other mechanisms
and is connected to the floating roof by braces or other means. A flexible coated fabric
(envelope) spans the annular space between the metal sheet and the floating roof.
17. "No detectable organic emissions" means no escape of organics to the atmosphere as
determined using the procedure specified in subsection 4 of section 33.1-24-05-453.
18. "Point of waste origination" means as follows:
a. When the facility owner or operator is the generator of the hazardous waste, the point of
waste origination means the point where a solid waste produced by a system, process,
or waste management unit is determined to be a hazardous waste as defined in chapter
33.1-24-02.
Note: In this case, this term is being used in a manner similar to the use of the term
"point of generation" in air standards established for waste management operations
under authority of the Clean Air Act in 40 CFR parts 60, 61, and 63.
b. When the facility owner and operator are not the generator of the hazardous waste, point
of waste origination means the point where the owner or operator accepts delivery or
takes possession of the hazardous waste.
19. "Point of waste treatment" means the point where a hazardous waste to be treated in
accordance with subdivision b of subsection 3 of section 33.1-24-05-452 exits the treatment
process. Any waste determination shall be made before the waste is conveyed, handled, or
otherwise managed in a manner that allows the waste to volatilize to the atmosphere.
20. "Safety device" means a closure device such as a pressure relief valve, frangible disc, fusible
plug, or any other type of device which functions exclusively to prevent physical damage or
permanent deformation to a unit or its air emission control equipment by venting gases or
vapors directly to the atmosphere during unsafe conditions resulting from an unplanned,
accidental, or emergency event. For the purpose of sections 33.1-24-05-450 through
33.1-24-05-474, a safety device is not used for routine venting of gases or vapors from the
vapor headspace underneath a cover such as during filling of the unit or to adjust the pressure
in this vapor headspace in response to normal daily diurnal ambient temperature fluctuations.
A safety device is designed to remain in a closed position during normal operations and open
only when the internal pressure, or another relevant parameter, exceeds the device threshold

setting applicable to the air emission control equipment as determined by the owner or
operator based on manufacturer recommendations, applicable regulations, fire protection and
prevention codes, standard engineering codes and practices, or other requirements for the
safe handling of flamable, ignitable, explosive, reactive, or hazardous materials.
21. "Single-seal system" means a floating roof having one continuous seal. This seal may be
vapor-mounted, liquid-mounted, or a metallic shoe seal.
22. "Vapor-mounted seal" means a continuous seal that is mounted such that there is a vapor
space between the hazardous waste in the unit and the bottom of the seal.
23. "Volatile organic concentration" or "VO concentration" means the fraction by weight of the
volatile organic compounds contained in a hazardous waste expressed in terms of parts per
million as determined by direct measurement or by knowledge of the waste in accordance with
the requirements of section 33.1-24-05-453. For the purpose of determining the VO
concentration of a hazardous waste, organic compounds with a Henry's law constant value of
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 106 atmospheres/gram-mole/m3) at 25 degrees Celsius must
be included. Appendix VI presents a list of compounds known to have a Henry's law constant
value less than the cutoff level.
24. "Waste determination" means performing all applicable procedures in accordance with the
requirements of section 33.1-24-05-454 to determine whether a hazardous waste meets
standards specified in sections 33.1-24-05-450 through 33.1-24-05-474. Examples of a waste
determination include performing the procedures in accordance with the requirements of
section 33.1-24-05-454 to determine the average VO concentration of a hazardous waste at
the point of waste origination; the average VO concentration of a hazardous waste at the point
of waste treatment and comparing the results to the exit concentration limit specified for the
process used to treat the hazardous waste; the organic reduction efficiency and the organic
biodegradation efficiency for a biological process used to treat a hazardous waste and
comparing the results to the applicable standards; or the maximum volatile organic vapor
pressure for a hazardous waste in a tank and comparing the results to the applicable
standards.
25. "Waste stabilization process" means any physical or chemical process used to either reduce
the mobility of hazardous constituents in a hazardous waste or eliminate free liquids as
determined by Test Method 9095B (Paint Filter Liquids Test) in "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods", environmental protection agency publication
SW-846 as incorporated by reference in section 33.1-24-01-05. A waste stabilization process
includes mixing the hazardous waste with binders or other materials, and curing the resulting
hazardous waste and binder mixture. Other synonymous terms used to refer to this process
are "waste fixation" or "waste solidification". This does not include the adding of absorbent
materials to the surface of a waste, without mixing, agitation, or subsequent curing, to absorb
free liquid.
History: Effective January 1, 2019.
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
### § 33.1-24-05-452. Standards - General.

1. This section applies to the management of hazardous waste in tanks, surface impoundments,
and containers subject to sections 33.1-24-05-450 through 33.1-24-05-474.
2. The owner or operator shall control air pollutant emissions from each hazardous waste
management unit in accordance with standards specified in sections 33.1-24-05-454 through

33.1-24-05-457, as applicable to the hazardous waste management unit, except as provided
for in subsection 3.
3. A tank, surface impoundment, or container is exempt from standards specified in sections
unit is one of the following:
a. A tank, surface impoundment, or container for which all hazardous waste entering the
unit has an average VO concentration at the point of waste origination of less than five
hundred parts per million by weight. The average VO concentration shall be determined
using the procedures specified in subsection 1 of section 33.1-24-05-453. The owner or
operator shall review and update, as necessary, this determination at least once every
twelve months following the date of the initial determination for the hazardous waste
streams entering the unit.
b. A tank, surface impoundment, or container for which the organic content of all the
hazardous waste entering the waste management unit has been reduced by an organic
destruction or removal process that achieves any one of the following conditions:
(1) A process that removes or destroys the organics contained in the hazardous waste
to a level such that the average VO concentration of the hazardous waste at the
point of waste treatment is less than the exit concentration limit (C) established for
t
the process. The average VO concentration of the hazardous waste at the point of
waste treatment and the exit concentration limit for the process shall be determined
using the procedures specified in subsection 2 of section 33.1-24-05-453.
(2) A process that removes or destroys the organics contained in the hazardous waste
to a level such that the organic reduction efficiency (R) for the process is equal to or
greater than ninety-five percent, and the average VO concentration of the
hazardous waste at the point of waste treatment is less than one hundred parts per
million weight. The organic reduction efficiency for the process and the average VO
concentration of the hazardous waste at the point of waste treatment shall be
determined using the procedures specified in subsection 2 of section
33.1-24-05-453.
(3) A process that removes or destroys the organics contained in the hazardous waste
to a level such that the actual organic mass removal rate (MR) for the process is
equal to or greater than the required organic mass removal rate (RMR) established
for the process. The required organic mass removal rate and the actual organic
mass removal rate for the process shall be determined using the procedures
specified in subsection 2 of section 33.1-24-05-453.
(4) A biological process that destroys or degrades the organics contained in the
hazardous waste, such that either of the following conditions is met:
(a) The organic reduction efficiency (R) for the process is equal to or greater than
ninety-five percent, and the organic biodegradation efficiency (R ) for the
bio
process is equal to or greater than ninety-five percent. The organic reduction
efficiency and the organic biodegradation efficiency for the process shall be
determined using the procedures specified in subsection 2 of section
33.1-24-05-453.
(b) The total actual organic mass biodegradation rate (MR ) for all hazardous
bio
waste treated by the process is equal to or greater than the required organic
mass removal rate (RMR). The required organic mass removal rate and the

actual organic mass biodegradation rate for the process shall be determined
using the procedures specified in subsection 2 of section 33.1-24-05-453.
(5) A process that removes or destroys the organics contained in the hazardous waste
and meets all of the following conditions:
(a) From the point of waste origination through the point where the hazardous
waste enters the treatment process, the hazardous waste is managed
continuously in waste management units which use air emission controls in
accordance with the standards specified in sections 33.1-24-05-454 through
33.1-24-05-457, as applicable to the waste management unit.
(b) From the point of waste origination through the point where the hazardous
waste enters the treatment process, any transfer of the hazardous waste is
accomplished through continuous hard-piping or other closed system transfer
that does not allow exposure of the waste to the atmosphere. The department
considers a drain system that meets the requirements of 40 CFR part 63,
subpart RR - national emission standards for individual drain systems to be a
closed system.
(c) The average VO concentration of the hazardous waste at the point of waste
treatment is less than the lowest average VO concentration at the point of
waste origination determined for each of the individual waste streams entering
the process or five hundred parts per million weight, whichever value is lower.
The average VO concentration of each individual waste stream at the point of
waste origination shall be determined using the procedures specified in
subsection 1 of section 33.1-24-05-453. The average VO concentration of the
hazardous waste at the point of waste treatment shall be determined using the
procedures specified in subsection 2 of section 33.1-24-05-453.
(6) A process that removes or destroys the organics contained in the hazardous waste
to a level such that the organic reduction efficiency (R) for the process is equal to or
greater than ninety-five percent and the owner or operator certifies that the average
VO concentration at the point of waste origination for each of the individual waste
streams entering the process is less than ten thousand parts per million weight. The
organic reduction efficiency for the process and the average VO concentration of
the hazardous waste at the point of waste origination must be determined using the
procedures specified in subsections 2 and 1 of section 33.1-24-05-453, respectively.
(7) A hazardous waste incinerator for which the owner or operator has either:
(a) Been issued a final permit under chapter 33.1-24-06 which implements the
requirements of sections 33.1-24-05-144 through 33.1-24-05-159; or
(b) Has designed and operates the incinerator in accordance with the applicable
interim status requirements of subsection 5 of section 33.1-24-06-16.
(8) A boiler or industrial furnace for which the owner or operator has either:
(a) Been issued a final permit under chapter 33.1-24-06 which implements the
requirements of sections 33.1-24-05-525 through 33.1-24-05-549; or
(b) Has designed and operates the boiler or industrial furnace in accordance with
sections 33.1-24-05-525 through 33.1-24-05-549.
(9) For the purpose of determining the performance of an organic destruction or
removal process in accordance with the conditions in each of paragraphs 1

through 6, 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:
(a) 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, or a value of twenty-five parts per million by
weight, whichever is less.
(b) 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 a
Henry's law constant value 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-mole/m3) at
twenty-five degrees Celsius.
c. A tank or surface impoundment used for biological treatment of hazardous waste in
accordance with the requirements of paragraph 4 of subdivision b.
d. A tank, surface impoundment, or container for which all hazardous waste placed in the
unit either:
(1) Meets the numerical concentration limits for organic hazardous constituents,
applicable to the hazardous waste, as specified in sections 33.1-24-05-250 through
33.1-24-05-280; or
(2) The organic hazardous constituents in the waste have been treated by the
treatment technology established by the environmental protection agency for the
waste in subsection 1 of section 33.1-24-05-282, or have been removed or
destroyed by an equivalent method of treatment approved by the environmental
protection agency pursuant to subsection 2 of section 33.1-24-05-282.
e. A tank used for bulk feed of hazardous waste to a waste incinerator and all of the
following conditions are met:
(1) The tank is located inside an enclosure vented to a control device that is designed
and operated in accordance with all applicable requirements specified under
40 CFR part 61, subpart FF - national emission standards for benzene waste
operations for a facility at which the total annual benzene quantity from the facility
waste is equal to or greater than ten megagrams per year;
(2) The enclosure and control device serving the tank were installed and began
operation prior to November 25, 1996; and
(3) The enclosure is designed and operated in accordance with the criteria for 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.
The enclosure may have permanent or temporary openings to allow worker access;
passage of material into or out of the enclosure by conveyor, vehicles, or other
mechanical or electrical equipment; or to direct air flow into the enclosure. The
owner or operator shall perform the verification procedure for the enclosure as
specified in section 5.0 to "Procedure T - Criteria for and Verification of a Permanent
or Temporary Total Enclosure" annually.
4. The department may at any time perform or request that the owner or operator perform a
waste determination for a hazardous waste managed in a tank, surface impoundment, or

container exempted from using air emission controls under the provisions of this section as
follows:
a. The waste determination for average VO concentration of a hazardous waste at the point
of waste origination shall be performed using direct measurement in accordance with the
applicable requirements of subsection 1 of section 33.1-24-05-453. The waste
determination for a hazardous waste at the point of waste treatment shall be performed
in accordance with the applicable requirements of subsection 2 of section
33.1-24-05-453.
b. In performing a waste determination pursuant to subdivision a, the sample preparation
and analysis shall be conducted as follows:
(1) In accordance with the method used by the owner or operator to perform the waste
analysis, except in the case specified in paragraph 2.
(2) If the department determines that the method used by the owner or operator was
not appropriate for the hazardous waste managed in the tank, surface
impoundment, or container, then the department may choose an appropriate
method.
c. In a case when the owner or operator is requested to perform the waste determination,
the department may elect to have an authorized representative observe the collection of
the hazardous waste samples used for the analysis.
d. In a case when the results of the waste determination performed or requested by the
department do not agree with the results of a waste determination performed by the
owner or operator using knowledge of the waste, then the results of the waste
determination performed in accordance with the requirements of subdivision a shall be
used to establish compliance with the requirements of sections 33.1-24-05-450 through
33.1-24-05-474.
e. In a case when the owner or operator has used an averaging period greater than one
hour for determining the average VO concentration of a hazardous waste at the point of
waste origination, the department may elect to establish compliance with sections
operator perform a waste determination using direct measurement based on waste
samples collected within a one-hour period as follows:
(1) The average VO concentration of the hazardous waste at the point of waste
origination shall be determined by direct measurement in accordance with the
requirements of subsection 1 of section 33.1-24-05-453.
(2) Results of the waste determination performed or requested by the department
showing that the average VO concentration of the hazardous waste at the point of
waste origination is equal to or greater than five hundred parts per million weight
shall constitute noncompliance with sections 33.1-24-05-450 through
(3) For the case when the average VO concentration of the hazardous waste at the
point of waste origination previously has been determined by the owner or operator
using an averaging period greater than one hour to be less than five hundred parts
per million weight but because of normal operating process variations the VO
concentration of the hazardous waste determined by direct measurement for any
given one-hour period may be equal to or greater than five hundred parts per million
weight, information that was used by the owner or operator to determine the

average VO concentration of the hazardous waste (for example, test results,
measurements, calculations, and other documentation) and recorded in the facility
records in accordance with the requirements of subsection 1 of section
together with the results of the waste determination performed or requested by the
department in establishing compliance with sections 33.1-24-05-450 through
33.1-24-05-474.
History: Effective January 1, 2019.
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
### § 33.1-24-05-453. Waste determination procedures.

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
(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 (f ). If
m25D
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 (f ) can be obtained by contacting the
m25D
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).
Q = Mass quantity of hazardous waste stream represented by C, kilograms
i i
per hour.
Q = Total mass quantity of hazardous waste during the averaging period,
kilograms per hour.
C = Measured VO concentration of waste determination "i" as determined in
i
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 C, for individual waste samples analyzed in
i
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-mole/m3) at twenty-five 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 (f ).
m25D
(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

(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
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
(f ). If the owner or operator elects to adjust test data, the adjustment must be
m25D
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 (f ) can be obtained by contacting
m25D
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-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. 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).
Q = Mass quantity of hazardous waste stream represented by C, kilograms
i i
per hour.
Q = Total mass quantity of hazardous waste during the averaging period,
kilograms per hour.
C = Measured VO concentration of waste determination "i" as determined in
i
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 (C) for a treated hazardous waste.
t
(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 (C) must be five hundred parts per million weight.
t
(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 (C) must be calculated by using the
t
results determined for each individual hazardous waste stream and the following
equation:
where:

C = Exit concentration limit for treated hazardous waste, parts per million
t
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.
Q = Annual mass quantity of hazardous waste stream "x", kilograms per year.
x
Q = Annual mass quantity of hazardous waste stream "y", kilograms per year.
y
C = Average VO concentration of hazardous waste stream "x" at the point of
x
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 (Q )
b
and the mass quantity of each hazardous waste stream exiting the process
(Q ) must be determined.
a
(b) The average VO concentration at the point of waste origination of each
hazardous waste stream entering the process (C ) during the run must be
b
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 (C ) during the run must be determined
a
in accordance with the requirements of subdivision d.

(4) The waste volatile organic mass flow entering the process (E ) and the waste
b
volatile organic mass flow exiting the process (E ) must be calculated by using the
a
results determined in accordance with paragraph 3 and the following equations:
where:
E = Waste volatile organic mass flow exiting process, kilograms per hour.
a
E = Waste volatile organic mass flow entering process, kilograms per hour.
b
m = Total number of runs (at least three).
j = Individual run "j".
Q = Mass quantity of hazardous waste entering process during run "j",
bj
kilograms per hour.
Q = Average mass quantity of hazardous waste exiting process during run "j",
aj
kilograms per hour.
C = Average VO concentration of hazardous waste exiting process during run
aj
"j" as determined in accordance with the requirements of subdivision d,
parts per million weight.
C = Average VO concentration of hazardous waste entering process during
bj
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.
E = Waste volatile organic mass flow entering process as determined in
b
accordance with the requirements of paragraph 4, kilograms per hour.
E = Waste volatile organic mass flow exiting process as determined in
a
accordance with the requirements of paragraph 4, kilograms per hour.
g. Procedure to determine the organic biodegradation efficiency (R ) for a treated
bio
hazardous waste.
(1) The fraction of organics biodegraded (F ) must be determined using the procedure
bio
specified in 40 CFR part 63, appendix C.
(2) The R must be calculated by using the following equation:
bio

where:
R = Organic biodegradation efficiency, percent.
bio
F = Fraction of organic biodegraded as determined in accordance with the
bio
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.
V = Average volumetric flow rate of hazardous waste stream "y" at the point of
y
waste origination, meters3 per hour.
K = Density of hazardous waste stream, "y", kilograms per meters3.
y
C = Average VO concentration of hazardous waste stream "y" at the point of
y
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 (E ) and the waste
b
volatile organic mass flow exiting the process (E ) must be determined in
a
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.
E = Waste volatile organic mass flow entering process as determined in
b
accordance with the requirements of paragraph 4 of subdivision f,
kilograms per hour.
E = Waste volatile organic mass flow exiting process as determined in
a
accordance with the requirements of paragraph 4 of subdivision f,
kilograms per hour.
j. Procedure to determine the actual organic mass biodegradation rate (MR ) for a treated
bio
hazardous waste.
(1) The MR must be determined based on results for a minimum of three consecutive
bio
runs. The sampling time for each run must be one hour.
(2) The waste organic mass flow entering the process (E ) must be determined in
b
accordance with the requirements of paragraph 4 of subdivision f.
(3) The fraction of organic biodegraded (F ) must be determined using the procedure
bio
specified in 40 CFR part 63, appendix C.
(4) The MR must be calculated by using the mass flow rates and fraction of organic
bio
biodegraded determined in accordance with the requirements of paragraphs 2
and 3, respectively, and the following equation:
where:
MR = Actual organic mass biodegradation rate, kilograms per hour.
bio
E = Waste organic mass flow entering process as determined in accordance
b
with the requirements of paragraph 4 of subdivision f, kilograms per hour.
F = Fraction of organic biodegraded as determined in accordance with the
bio
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.
History: Effective January 1, 2019.
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

### § 33.1-24-05-454. Standards - Tanks.

1. The provisions of this section apply to the control of air pollutant emissions from tanks 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 each tank subject to this
section in accordance with the following requirements as applicable:
a. For a tank that manages hazardous waste that meets all of the conditions specified in
paragraphs 1 through 3, the owner or operator shall control air pollutant emissions from
the tank in accordance with the tank level 1 controls specified in subsection 3 or the tank
level 2 controls specified in subsection 4.
(1) The hazardous waste in the tank has a maximum organic vapor pressure which is
less than the maximum organic vapor pressure limit for the tank's design capacity
category as follows:
(a) For a tank design capacity equal to or greater than 5,330 feet3 [151 meters3],
the maximum organic vapor pressure limit for the tank is 5.2 kilopascals.
(b) For a tank design capacity equal to or greater than 2,650 feet3 [75 meters3] but
less than 5,330 feet3 [151 meters3], the maximum organic vapor pressure limit
for the tank is 27.6 kilopascals.
(c) For a tank design capacity less than 2,650 feet3 [75 meters3], the maximum
organic vapor pressure limit for the tank is 76.6 kilopascals.
(2) The hazardous waste in the tank is not heated by the owner or operator to a
temperature that is greater than the temperature at which the maximum organic
vapor pressure of the hazardous waste is determined for the purpose of complying
with paragraph 1.
(3) The hazardous waste in the tank is not treated by the owner or operator using a
waste stabilization process, as defined in section 33.1-24-05-451.
b. For a tank that manages hazardous waste that does not meet all of the conditions
specified in paragraphs 1 through 3 of subdivision a, the owner or operator shall control
air pollutant emissions from the tank by using tank level 2 controls in accordance with the
requirements of subsection 4. Examples of tanks required to use tank level 2 controls
include a tank used for a waste stabilization process; and a tank for which the hazardous
waste in the tank has a maximum organic vapor pressure that is equal to or greater than
the maximum organic vapor pressure limit for the tank's design capacity category as
specified in paragraph 1 of subdivision a.
3. Owners and operators controlling air pollutant emissions from a tank using tank level 1
controls shall meet the requirements specified in subdivisions a through d:
a. The owner or operator shall determine the maximum organic vapor pressure for a
hazardous waste to be managed in the tank using tank level 1 controls before the first
time the hazardous waste is placed in the tank. The maximum organic vapor pressure
must be determined using the procedures specified in subsection 3 of section
### § 33.1-24-05-453. Thereafter, the owner or operator shall perform a new determination

whenever changes to the hazardous waste managed in the tank could potentially cause
the maximum organic vapor pressure to increase to a level that is equal to or greater
than the maximum organic vapor pressure limit for the tank design capacity category
specified in paragraph 1 of subdivision a of subsection 2, as applicable to the tank.

b. The tank must be equipped with a fixed roof designed to meet the following
specifications:
(1) The fixed roof and its closure devices must be designed to form a continuous barrier
over the entire surface area of the hazardous waste in the tank. The fixed roof may
be a separate cover installed on the tank (for example, a removable cover mounted
on an open-top tank) or may be an integral part of the tank structural design (for
example, a horizontal cylindrical tank equipped with a hatch).
(2) The fixed roof must be installed in a manner such that there are no visible cracks,
holes, gaps, or other open spaces between roof section joints or between the
interface of the roof edge and the tank wall.
(3) Each opening in the fixed roof, and any manifold system associated with the fixed
roof, must be either:
(a) 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 opening and the closure device; or
(b) Connected by a closed-vent system that is vented to a control device. The
control device must remove or destroy organics in the vent stream, and must
be operating whenever hazardous waste is managed in the tank, except as
provided for in items 1 and 2.
[1] During periods when it is necessary to provide access to the tank for
performing the activities of item 2, venting of the vapor headspace
underneath the fixed roof to the control device is not required, opening of
closure devices is allowed, and removal of the fixed roof is allowed.
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, and resume operation of the control device.
[2] During periods of routine inspection, maintenance, or other activities
needed for normal operations, and for removal of accumulated sludge or
other residues from the bottom of the tank.
(4) The fixed roof 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 fixed roof and closure devices
throughout their intended service life. Factors to be considered when selecting the
materials for and designing the fixed roof and closure devices include organic vapor
permeability, the effects of any contact with the hazardous waste or its vapors
managed in the tank; the effects of outdoor exposure to wind, moisture, and
sunlight; and the operating practices used for the tank on which the fixed roof is
installed.
c. Whenever a hazardous waste is in the tank, the fixed roof must be installed with each
closure device secured in the closed position except as follows:
(1) Opening of closure devices or removal of the fixed roof is allowed at the following
times:
(a) To provide access to the tank 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 tank, 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 tank.
(b) To remove accumulated sludge or other residues from the bottom of the tank.
(2) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or
similar type of pressure relief device which vents to the atmosphere is allowed
during normal operations for the purpose of maintaining the tank internal pressure in
accordance with the tank design specifications. The device must be designed to
operate with no detectable organic emissions when the device is secured in the
closed position. The settings at which the device opens must be established such
that the device remains in the closed position whenever the tank internal pressure is
within the internal pressure operating range determined by the owner or operator
based on the tank manufacturer recommendations, applicable regulations, fire
protection and prevention codes, standard engineering codes and practices, or
other requirements for the safe handling of flammable, ignitable, explosive, reactive,
or hazardous materials. Examples of normal operating conditions that may require
these devices to open are during those times when the tank internal pressure
exceeds the internal pressure operating range for the tank as a result of loading
operations or diurnal ambient temperature fluctuations.
(3) 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.
d. The owner or operator shall inspect the air emission control equipment in accordance
with the following requirements:
(1) The fixed roof 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 roof sections or between the roof and
the tank wall; 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 fixed roof and its
closure devices on or before the date that the tank becomes subject to this section.
Thereafter, the owner or operator shall perform the inspections at least once every
year except under the special conditions provided for in subsection 12.
(3) In the event that a defect is detected, the owner or operator shall repair the defect in
accordance with the requirements of subsection 11.
(4) The owner or operator shall maintain a record of the inspection in accordance with
the requirements specified in subsection 2 of section 33.1-24-05-459.
4. Owners and operators controlling air pollutant emissions from a tank using tank level 2
controls shall use one of the following tanks:
a. A fixed-roof tank equipped with an internal floating roof in accordance with the
requirements specified in subsection 5;
b. A tank equipped with an external floating roof in accordance with the requirements
specified in subsection 6;

c. A tank vented through a closed-vent system to a control device in accordance with the
requirements specified in subsection 7;
d. A pressure tank designed and operated in accordance with the requirements specified in
subsection 8; or
e. A tank located inside an enclosure that is vented through a closed-vent system to an
enclosed combustion control device in accordance with the requirements specified in
subsection 9.
5. The owner or operator who controls air pollutant emissions from a tank using a fixed-roof with
an internal floating roof shall meet the requirements specified in subdivisions a through c.
a. The tank must be equipped with a fixed roof and an internal floating roof in accordance
with the following requirements:
(1) The internal floating roof must be designed to float on the liquid surface except
when the floating roof must be supported by the leg supports.
(2) The internal floating roof must be equipped with a continuous seal between the wall
of the tank and the floating roof edge that meets either of the following
requirements:
(a) A single continuous seal that is either a liquid-mounted seal or a metallic shoe
seal, as defined in section 33.1-24-05-451; or
(b) Two continuous seals mounted one above the other. The lower seal may be a
vapor-mounted seal.
(3) The internal floating roof must meet the following specifications:
(a) Each opening in a noncontact internal floating roof except for automatic
bleeder vents (vacuum breaker vents) and the rim space vents is to provide a
projection below the liquid surface.
(b) Each opening in the internal floating roof must be equipped with a gasketed
cover or a gasketed lid except for leg sleeves, automatic bleeder vents, rim
space vents, column wells, ladder wells, sample wells, and stub drains.
(c) Each penetration of the internal floating roof for the purpose of sampling must
have a slit fabric cover that covers at least ninety percent of the opening.
(d) Each automatic bleeder vent and rim space vent must be gasketed.
(e) Each penetration of the internal floating roof that allows for passage of a ladder
must have a gasketed sliding cover.
(f) Each penetration of the internal floating roof that allows for passage of a
column supporting the fixed roof must have a flexible fabric sleeve seal or a
gasketed sliding cover.
b. The owner or operator shall operate the tank in accordance with the following
requirements:
(1) When the floating roof is resting on the leg supports, the process of filling, emptying,
or refilling shall be continuous and must be completed as soon as practical.

(2) Automatic bleeder vents are to be set closed at all times when the roof is floating,
except when the roof is being floated off or is being landed on the leg supports.
(3) Prior to filling the tank, each cover, access hatch, gauge float well, or lid on any
opening in the internal floating roof must be bolted or fastened closed (for example,
no visible gaps). Rim space vents are to be set to open only when the internal
floating roof is not floating or when the pressure beneath the rim exceeds the
manufacturer's recommended setting.
c. The owner or operator shall inspect the internal floating roof in accordance with the
procedures specified as follows:
(1) The floating roof 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 the internal floating roof is not floating on the surface of the liquid inside the
tank; liquid has accumulated on top of the internal floating roof; any portion of the
roof seals have detached from the roof rim; holes, tears, or other openings are
visible in the seal fabric; the gaskets no longer close off the hazardous waste
surface from the atmosphere; or the slotted membrane has more than ten percent
open area.
(2) The owner or operator shall inspect the internal floating roof components as follows
except as provided in paragraph 3:
(a) Visually inspect the internal floating roof components through openings on the
fixed roof (for example, manholes and roof hatches) at least once every twelve
months after initial fill; and
(b) Visually inspect the internal floating roof, primary seal, secondary seal (if one is
in service), gaskets, slotted membranes, and sleeve seals (if any) each time
the tank is emptied and degassed and at least every ten years.
(3) As an alternative to performing the inspection specified in paragraph 2 for an
internal floating roof equipped with two continuous seals mounted one above the
other, the owner or operator may visually inspect the internal floating roof, primary
and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each
time the tank is emptied and degassed and at least every five years.
(4) Prior to each inspection required by paragraph 2 or 3, the owner or operator shall
notify the department in advance of each inspection to provide the department with
the opportunity to have an observer present during the inspection. The owner or
operator shall notify the department of the date and location of the inspection as
follows:
(a) Prior to each visual inspection of an internal floating roof in a tank that has
been emptied and degassed, written notification must be prepared and sent by
the owner or operator so that it is received by the department at least thirty
calendar days before refilling the tank except when an inspection is not
planned as provided for in subparagraph b.
(b) When a visual inspection is not planned and the owner or operator could not
have known about the inspection thirty calendar days before refilling the tank,
the owner or operator shall notify the department as soon as possible, but no
later than seven calendar days before refilling of the tank. This notification may
be made by telephone and immediately followed by a written explanation for
why the inspection is unplanned. Alternatively, written notification, including the

explanation for the unplanned inspection, may be sent so that it is received by
the department at least seven calendar days before refilling the tank.
(5) In the event that a defect is detected, the owner or operator shall repair the defect in
accordance with the requirements of subsection 11.
(6) The owner or operator shall maintain a record of the inspection in accordance with
the requirements specified in subsection 2 of section 33.1-24-05-459.
d. Safety devices, as defined in section 33.1-24-05-451, may be installed and operated as
necessary on any tank complying with the requirements of this subsection.
6. The owner or operator who controls air pollutant emissions from a tank using an external
floating roof shall meet the requirements specified in subdivisions a through c.
a. The owner or operator shall design the external floating roof in accordance with the
following requirements:
(1) The external floating roof must be designed to float on the liquid surface except
when the floating roof must be supported by the leg supports.
(2) The floating roof must be equipped with two continuous seals, one above the other,
between the wall of the tank and the roof edge. The lower seal is referred to as the
primary seal, and the upper seal is referred to as the secondary seal.
(a) The primary seal must be a liquid-mounted seal or a metallic shoe seal, as
defined in section 33.1-24-05-451. The total area of the gaps between the tank
wall and the primary seal may not exceed 10.0 inches2 per foot [212 square
centimeters per meter] of tank diameter, and the width of any portion of these
gaps may not exceed 1.5 inches [3.8 centimeters]. If a metallic shoe seal is
used for the primary seal, the metallic shoe seal must be designed so that one
end extends into the liquid in the tank and the other end extends a vertical
distance of at least sixty-one centimeters above the liquid surface.
(b) The secondary seal must be mounted above the primary seal and cover the
annular space between the floating roof and the wall of the tank. The total area
of the gaps between the tank wall and the secondary seal may not exceed
1.0 inches2 per foot [21.2 square centimeters per meter] of tank diameter, and
the width of any portion of these gaps must not exceed 0.5 inches
[1.3 centimeters].
(3) The external floating roof must meet the following specifications:
(a) Except for automatic bleeder vents (vacuum breaker vents) and rim space
vents, each opening in a noncontact external floating roof must provide a
projection below the liquid surface.
(b) Except for automatic bleeder vents, rim space vents, roof drains, and leg
sleeves, each opening in the roof must be equipped with a gasketed cover,
seal, or lid.
(c) Each access hatch and each gauge float well must be equipped with a cover
designed to be bolted or fastened when the cover is secured in the closed
position.
(d) Each automatic bleeder vent and each rim space vent must be equipped with a
gasket.

(e) Each roof drain that empties into the liquid managed in the tank must be
equipped with a slotted membrane fabric cover that covers at least ninety
percent of the area of the opening.
(f) Each unslotted and slotted guide pole well must be equipped with a gasketed
sliding cover or a flexible fabric sleeve seal.
(g) Each unslotted guide pole must be equipped with a gasketed cap on the end of
the pole.
(h) Each slotted guide pole must be equipped with a gasketed float or other device
which closes off the liquid surface from the atmosphere.
(i) Each gauge hatch and each sample well must be equipped with a gasketed
cover.
b. The owner or operator shall operate the tank in accordance with the following
requirements:
(1) When the floating roof is resting on the leg supports, the process of filling, emptying,
or refilling must be continuous and must be completed as soon as practical.
(2) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves,
each opening in the roof must be secured and maintained in a closed position at all
times except when the closure device must be open for access.
(3) Covers on each access hatch and each gauge float well must be bolted or fastened
when secured in the closed position.
(4) Automatic bleeder vents must be set closed at all times when the roof is floating,
except when the roof is being floated off or is being landed on the leg supports.
(5) Rim space vents must be set to open only at those times that the roof is being
floated off the roof leg supports or when the pressure beneath the rim seal exceeds
the manufacturer's recommended setting.
(6) The cap on the end of each unslotted guide pole must be secured in the closed
position at all times except when measuring the level or collecting samples of the
liquid in the tank.
(7) The cover on each gauge hatch or sample well must be secured in the closed
position at all times except when the hatch or well must be opened for access.
(8) Both the primary seal and the secondary seal must completely cover the annular
space between the external floating roof and the wall of the tank in a continuous
fashion except during inspections.
c. The owner or operator shall inspect the external floating roof in accordance with the
procedures specified as follows:
(1) The owner or operator shall measure the external floating roof seal gaps in
accordance with the following requirements:
(a) The owner or operator shall perform measurements of gaps between the tank
wall and the primary seal within sixty calendar days after initial operation of the
tank following installation of the floating roof and, thereafter, at least once
every five years.

(b) The owner or operator shall perform measurements of gaps between the tank
wall and the secondary seal within sixty calendar days after initial operation of
the tank following installation of the floating roof and, thereafter, at least once
every year.
(c) If a tank ceases to hold hazardous waste for a period of one year or more,
subsequent introduction of hazardous waste into the tank must be considered
an initial operation for the purposes of subparagraphs a and b.
(d) The owner or operator shall determine the total surface area of gaps in the
primary seal and in the secondary seal individually using the following
procedure:
[1] The seal gap measurements must be performed at one or more floating
roof levels when the roof is floating off the roof supports.
[2] Seal gaps, if any, must be measured around the entire perimeter of the
floating roof in each place where a 0.125-inch [0.32-centimeter] diameter
uniform probe passes freely (without forcing or binding against the seal)
between the seal and the wall of the tank and measure the circumferential
distance of each such location.
[3] For a seal gap measured under this subdivision, the gap surface area
must be determined by using probes of various widths to measure
accurately the actual distance from the tank wall to the seal and
multiplying each such width by its respective circumferential distance.
[4] The total gap area must be calculated by adding the gap surface areas
determined for each identified gap location for the primary seal and the
secondary seal individually, and then dividing the sum for each seal type
by the nominal diameter of the tank. These total gap areas for the primary
seal and secondary seal are then compared to the respective standards
for the seal type as specified in paragraph 2 of subdivision a.
(e) If the seal gap measurements do not conform to the specifications in
paragraph 2 of subdivision a, the owner or operator shall repair the defect in
accordance with the requirements of subsection 11.
(f) The owner or operator shall maintain a record of the inspection in accordance
with the requirements specified in subsection 2 of section 33.1-24-05-459.
(2) The owner or operator shall visually inspect the external floating roof in accordance
with the following requirements:
(a) The floating roof 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 holes, tears, or other openings in the rim seal or
seal fabric of the floating roof; a rim seal detached from the floating roof; all or
a portion of the floating roof deck being submerged below the surface of the
liquid in the tank; broken, cracked, or otherwise damaged seals or gaskets on
closure devices; and broken or missing hatches, access covers, caps, or other
closure devices.
(b) The owner or operator shall perform an initial inspection of the external floating
roof and its closure devices on or before the date that the tank 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 12.
(c) If a defect is detected, the owner or operator shall repair the defect in
accordance with the requirements of subsection 11.
(d) The owner or operator shall maintain a record of the inspection in accordance
with the requirements specified in subsection 2 of section 33.1-24-05-459.
(3) Prior to each inspection required by paragraph 1 or 2, the owner or operator shall
notify the department in advance of each inspection to provide the department with
the opportunity to have an observer present during the inspection. The owner or
operator shall notify the department of the date and location of the inspection as
follows:
(a) Prior to each inspection to measure external floating roof seal gaps as required
under paragraph 1, written notification must be prepared and sent by the
owner or operator so that it is received by the department at least thirty
calendar days before the date the measurements are scheduled to be
performed.
(b) Prior to each visual inspection of an external floating roof in a tank that has
been emptied and degassed, written notification must be prepared and sent by
the owner or operator so that it is received by the department at least thirty
calendar days before refilling the tank except when an inspection is not
planned as provided for in subparagraph c.
(c) When a visual inspection is not planned and the owner or operator could not
have known about the inspection thirty calendar days before refilling the tank,
the owner or operator shall notify the department as soon as possible, but no
later than seven calendar days before refilling of the tank. This notification may
be made by telephone and immediately followed by a written explanation for
why the inspection is unplanned. Alternatively, written notification, including the
explanation for the unplanned inspection, may be sent so that it is received by
the department at least seven calendar days before refilling the tank.
d. Safety devices, as defined in section 33.1-24-05-451, may be installed and operated as
necessary on any tank complying with the requirements of this subsection.
7. The owner or operator who controls air pollutant emissions from a tank by venting the tank to
a control device shall meet the requirements specified in subdivisions a through c.
a. The tank must be covered by a fixed roof and vented directly through a closed-vent
system to a control device in accordance with the following requirements:
(1) The fixed roof and its closure devices must be designed to form a continuous barrier
over the entire surface area of the liquid in the tank.
(2) Each opening in the fixed roof not vented to the control device must be equipped
with a closure device. If the pressure in the vapor headspace underneath the fixed
roof 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 fixed roof 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.
(3) The fixed roof 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 fixed roof and closure devices
throughout their intended service life. Factors to be considered when selecting the
materials for and designing the fixed roof and closure devices include organic vapor
permeability, the effects of any contact with the liquid and its vapor managed in the
tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the
operating practices used for the tank on which the fixed roof 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 tank, the fixed roof must be installed with each
closure device secured in the closed position and the vapor headspace underneath the
fixed roof 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 fixed roof is allowed at the following times:
(a) To provide access to the tank 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
tank, 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 tank.
(b) To remove accumulated sludge or other residues from the bottom of a tank.
(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 fixed roof 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 roof sections or between the roof and
the tank wall; 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 tank 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 12.
(4) If a defect is detected, the owner or operator shall repair the defect in accordance
with the requirements of subsection 11.

(5) The owner or operator shall maintain a record of the inspection in accordance with
the requirements specified in subsection 2 of section 33.1-24-05-459.
8. The owner or operator who controls air pollutant emissions by using a pressure tank shall
meet the following requirements:
a. The tank must be designed not to vent to the atmosphere as a result of compression of
the vapor headspace in the tank during filling of the tank to its design capacity.
b. All tank openings must be equipped with closure devices designed to operate with no
detectable organic emissions as determined using the procedure specified in
subsection 4 of section 33.1-24-05-453.
c. Whenever a hazardous waste is in the tank, the tank must be operated as a closed
system that does not vent to the atmosphere except under either of the following
conditions as specified in paragraph 1 or 2:
(1) At those times when opening of a safety device, as defined in section
33.1-24-05-451, is required to avoid an unsafe condition.
(2) At those times when purging of inerts from the tank is required and the purge
stream is routed to a closed-vent system and control device designed and operated
in accordance with the requirements of section 33.1-24-05-457.
9. The owner or operator who controls air pollutant emissions by using an enclosure vented
through a closed-vent system to an enclosed combustion control device shall meet the
requirements specified in subdivisions a through d.
a. The tank must be located inside an enclosure. The enclosure must be designed and
operated in accordance with the criteria for 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. The enclosure may have permanent or temporary
openings to allow worker access; passage of material into or out of the enclosure by
conveyor, vehicles, or other mechanical means; entry of permanent mechanical or
electrical equipment; or direct airflow into the enclosure. The owner or operator shall
perform the verification procedure for the enclosure as specified in section 5.0 to
"Procedure T - Criteria for and Verification of a Permanent or Temporary Total Enclosure"
initially when the enclosure is first installed and, thereafter, annually.
b. The enclosure must be vented through a closed-vent system to an enclosed combustion
control device that is designed and operated in accordance with the standards for either
a vapor incinerator, boiler, or process heater specified in section 33.1-24-05-457.
c. Safety devices, as defined in section 33.1-24-05-451, may be installed and operated as
necessary on any enclosure, closed-vent system, or control device used to comply with
the requirements of subdivisions a and b.
d. The owner or operator shall inspect and monitor the closed-vent system and control
device as specified in section 33.1-24-05-457.
10. The owner or operator shall transfer hazardous waste to a tank subject to this section in
accordance with the following requirements:
a. Transfer of hazardous waste, except as provided in subdivision b, to the tank from
another tank subject to this section or from a surface impoundment subject to section
system that does not allow exposure of the hazardous 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 tank 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.
11. The owner or operator shall repair each defect detected during an inspection performed in
accordance with the requirements of subdivision d of subsection 3, subdivision c of
subsection 5, subdivision c of subsection 6, or subdivision c of subsection 7 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 tank and no alternative tank capacity is available at the site to accept
the hazardous waste normally managed in the tank. 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 tank stops operation. Repair of the defect shall be completed
before the process or unit resumes operation.
12. 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 under the following special
conditions:
a. If inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or
other unsafe conditions, then the owner or operator may designate a cover as an "unsafe
to inspect and monitor cover" and comply with all of the following requirements:
(1) Prepare a written explanation for the cover stating the reasons why the cover is
unsafe to visually inspect or to monitor, if required.
(2) Develop and implement a written plan and schedule to inspect and monitor the
cover, using the procedures specified in the applicable section of sections
times when a worker can safely access the cover.
b. If a tank is buried partially or entirely underground, an owner or operator is required to
inspect and monitor, as required by the applicable provisions of this section, only those
portions of the tank cover and those connections to the tank (for example, fill ports,
access hatches, gauge wells, etc.) that are located on or above the ground surface.
History: Effective January 1, 2019.

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
### § 33.1-24-05-455. Standards - Surface impoundments.

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.
History: Effective January 1, 2019.
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
### § 33.1-24-05-456. Standards - Containers.

1. The provisions of this section apply to the control of air pollutant emissions from containers for
which subsection 2 of section 33.1-24-05-452 references the use of this section for such air
emission control.
2. General requirements.
a. The owner or operator shall control air pollutant emissions from each container subject to
this section in accordance with the following requirements, as applicable to the container,
except when the special provisions for waste stabilization processes specified in
subdivision b apply to the container.
(1) For a container having a design capacity greater than 3.5 feet3 [0.1 meter3] and less
than or equal to 16.25 feet3 [0.46 meter3], the owner or operator shall control air
pollutant emissions from the container in accordance with the container level 1
standards specified in subsection 3.
(2) For a container having a design capacity greater than 16.25 feet3 [0.46 meter3] that
is not in light material service, the owner or operator shall control air pollutant
emissions from the container in accordance with the container level 1 standards
specified in subsection 3.
(3) For a container having a design capacity greater than 16.25 feet3 [0.46 meter3] that
is in light material service, the owner or operator shall control air pollutant emissions
from the container in accordance with the container level 2 standards specified in
subsection 4.
b. When a container having a design capacity greater than 3.5 feet3 [0.1 meter3] is used for
treatment of a hazardous waste by a waste stabilization process, the owner or operator
shall control air pollutant emissions from the container in accordance with the container
level 3 standards specified in subsection 5 at those times during the waste stabilization
process when the hazardous waste in the container is exposed to the atmosphere.
3. Container level 1 standards.
a. A container using container level 1 controls is one of the following:

(1) A container that meets the applicable department of transportation regulations on
packaging hazardous materials for transportation as specified in subsection 6.
(2) A container equipped with a cover and closure devices that form a continuous
barrier over the container openings such that when the cover and closure devices
are secured in the closed position there are no visible holes, gaps, or other open
spaces into the interior of the container. The cover may be a separate cover
installed on the container (for example, a lid on a drum or a suitably secured tarp on
a roll-off box) or may be an integral part of the container structural design (for
example, a "portable tank" or bulk cargo container equipped with a screw-type cap).
(3) An open-top container in which an organic-vapor suppressing barrier is placed on or
over the hazardous waste in the container such that no hazardous waste is exposed
to the atmosphere. One example of such a barrier is application of a suitable
organic-vapor suppressing foam.
b. A container used to meet the requirements of paragraph 2 or 3 of subdivision a must be
equipped with covers and closure devices, as applicable to the container, that are
composed of suitable materials to minimize exposure of the hazardous waste to the
atmosphere and to maintain the equipment integrity for as long as it is in service. Factors
to be considered in selecting the materials of construction and designing the cover and
closure devices shall only include organic vapor permeability; the effects of contact with
the hazardous waste or its vapor managed in the container; the effects of outdoor
exposure of the closure device or cover material to wind, moisture, and sunlight; and the
operating practices for which the container is intended to be used.
c. Whenever a hazardous waste is in a container using container level 1 controls, the owner
or operator shall install all covers and closure devices for the container, as applicable to
the container, and secure and maintain each closure device in the closed position except
as follows:
(1) Opening of a closure device or cover is allowed for the purpose of adding
hazardous waste or other material to the container as follows:
(a) In the case when the container is filled to the intended final level in one
continuous operation, the owner or operator shall promptly secure the closure
devices in the closed position and install the covers, as applicable to the
container, upon conclusion of the filling operation.
(b) In the case when discrete quantities or batches of material intermittently are
added to the container over a period of time, the owner or operator shall
promptly secure the closure devices in the closed position and install covers,
as applicable to the container, upon either the container being filled to the
intended final level; the completion of a batch loading after which no additional
material will be added to the container within fifteen minutes; the person
performing the loading operation leaving the immediate vicinity of the
container; or the shutdown of the process generating the material being added
to the container, whichever condition occurs first.
(2) Opening of a closure device or cover is allowed for the purpose of removing
hazardous waste from the container as follows:
(a) For the purpose of meeting the requirements of this section, an empty
container as defined in subsections 3, 4, and 5 of section 33.1-24-02-07 may
be open to the atmosphere at any time (for example, covers and closure

devices are not required to be secured in the closed position on an empty
container).
(b) In the case when discrete quantities or batches of material are removed from
the container but the container does not meet the conditions to be an empty
container as defined in subsections 3, 4, and 5 of section 33.1-24-02-07, the
owner or operator shall promptly secure the closure devices in the closed
position and install covers, as applicable to the container, upon the completion
of a batch removal after which no additional material will be removed from the
container within fifteen minutes or the person performing the unloading
operation leaves the immediate vicinity of the container, whichever condition
occurs first.
(3) Opening of a closure device or cover is allowed when access inside the container is
needed to perform routine activities other than transfer of hazardous waste.
Examples of such activities include those times when a worker needs to open a port
to measure the depth of or sample the material in the container, or when a worker
needs to open a manhole hatch to access equipment inside the container. 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 container.
(4) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or
similar type of pressure relief device which vents to the atmosphere is allowed
during normal operations for the purpose of maintaining the internal pressure of the
container in accordance with the container design specifications. The device shall
be designed to operate with no detectable organic emissions when the device is
secured in the closed position. The settings at which the device opens shall be
established such that the device remains in the closed position whenever the
internal pressure of the container is within the internal pressure operating range
determined by the owner or operator based on container manufacturer
recommendations, applicable regulations, fire protection and prevention codes,
standard engineering codes and practices, or other requirements for the safe
handling of flammable, ignitable, explosive, reactive, or hazardous materials.
Examples of normal operating conditions that may require these devices to open
are during those times when the internal pressure of the container exceeds the
internal pressure operating range for the container as a result of loading operations
or diurnal ambient temperature fluctuations.
(5) 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.
d. The owner or operator of containers using container level 1 controls shall inspect the
containers and their covers and closure devices as follows:
(1) In the case when a hazardous waste already is in the container at the time the
owner or operator first accepts possession of the container at the facility and the
container is not emptied within twenty-four hours after the container is accepted at
the facility (for example, does not meet the conditions for an empty container as
specified in subsections 3, 4, and 5 of section 33.1-24-02-07), the owner or operator
shall visually inspect the container and its cover and closure devices to check for
visible cracks, holes, gaps, or other open spaces into the interior of the container
when the cover and closure devices are secured in the closed position. The
container visual inspection shall be conducted on or before the date that the
container is accepted at the facility (for example, the date the container becomes
subject to the container standards in sections 33.1-24-05-450 through

33.1-24-05-474). For purposes of this requirement, the date of acceptance is the
date of signature that the facility owner or operator enters on item 20 of the uniform
hazardous waste manifest in appendix I to chapter 33.1-24-03 (environmental
protection agency forms 8700-22 and 8700-22A), as required by section
### § 33.1-24-05-38. If a defect is detected, the owner or operator shall repair the defect

in accordance with the requirements of paragraph 3.
(2) In the case when a container used for managing hazardous waste remains at the
facility for a period of one year or more, the owner or operator shall visually inspect
the container and its cover and closure devices initially and thereafter, at least once
every twelve months, to check for visible cracks, holes, gaps, or other open spaces
into the interior of the container when the cover and closure devices are secured in
the closed position. If a defect is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph 3.
(3) When a defect is detected for the container, cover, or closure devices, the owner or
operator shall make first efforts at repair of the defect no later than twenty-four
hours after detection and repair shall be completed as soon as possible but no later
than five calendar days after detection. If repair of a defect cannot be completed
within five calendar days, then the hazardous waste shall be removed from the
container and the container shall not be used to manage hazardous waste until the
defect is repaired.
e. The owner or operator shall maintain at the facility a copy of the procedure used to
determine that containers with capacity of 16.25 feet3 [0.46 meter3] or greater, which do
not meet applicable department of transportation regulations as specified in subsection 6,
are not managing hazardous waste in light material service.
4. Container level 2 standards.
a. A container using container level 2 controls is one of the following:
(1) A container that meets the applicable department of transportation regulations on
packaging hazardous materials for transportation as specified in subsection 6.
(2) A container that operates with no detectable organic emissions as defined in section
subsection 7.
(3) A container that has been demonstrated within the preceding twelve months to be
vapor-tight by using 40 CFR part 60, appendix A, method 27 in accordance with the
procedure specified in subsection 8.
b. Transfer of hazardous waste in or out of a container using container level 2 controls shall
be conducted in such a manner as to minimize exposure of the hazardous waste to the
atmosphere, to the extent practical, considering the physical properties of the hazardous
waste and good engineering and safety practices for handling flammable, ignitable,
explosive, reactive, or other hazardous materials. Examples of container loading
procedures that the department considers to meet the requirements of this subdivision
include using any one of the following: a submerged-fill pipe or other submerged-fill
method to load liquids into the container; a vapor-balancing system or a vapor-recovery
system to collect and control the vapors displaced from the container during filling
operations; or a fitted opening in the top of a container through which the hazardous
waste is filled and subsequently purging the transfer line before removing it from the
container opening.

c. Whenever a hazardous waste is in a container using container level 2 controls, the owner
or operator shall install all covers and closure devices for the container, and secure and
maintain each closure device in the closed position except as follows:
(1) Opening of a closure device or cover is allowed for the purpose of adding
hazardous waste or other material to the container as follows:
(a) In the case when the container is filled to the intended final level in one
continuous operation, the owner or operator shall promptly secure the closure
devices in the closed position and install the covers, as applicable to the
container, upon conclusion of the filling operation.
(b) In the case when discrete quantities or batches of material intermittently are
added to the container over a period of time, the owner or operator shall
promptly secure the closure devices in the closed position and install covers,
as applicable to the container, upon either the container being filled to the
intended final level; the completion of a batch loading after which no additional
material will be added to the container within fifteen minutes; the person
performing the loading operation leaving the immediate vicinity of the
container; or the shutdown of the process generating the material being added
to the container, whichever condition occurs first.
(2) Opening of a closure device or cover is allowed for the purpose of removing
hazardous waste from the container as follows:
(a) For the purpose of meeting the requirements of this section, an empty
container as defined in subsections 3, 4, and 5 of section 33.1-24-02-07 may
be open to the atmosphere at any time (for example, covers and closure
devices are not required to be secured in the closed position on an empty
container).
(b) In the case when discrete quantities or batches of material are removed from
the container but the container does not meet the conditions to be an empty
container as defined in subsections 3, 4, and 5 of section 33.1-24-02-07, the
owner or operator shall promptly secure the closure devices in the closed
position and install covers, as applicable to the container, upon the completion
of a batch removal after which no additional material will be removed from the
container within fifteen minutes or the person performing the unloading
operation leaves the immediate vicinity of the container, whichever condition
occurs first.
(3) Opening of a closure device or cover is allowed when access inside the container is
needed to perform routine activities other than transfer of hazardous waste.
Examples of such activities include those times when a worker needs to open a port
to measure the depth of or sample the material in the container, or when a worker
needs to open a manhole hatch to access equipment inside the container. 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 container.
(4) Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or
similar type of pressure relief device which vents to the atmosphere is allowed
during normal operations for the purpose of maintaining the internal pressure of the
container in accordance with the container design specifications. The device shall
be designed to operate with no detectable organic emission when the device is
secured in the closed position. The settings at which the device opens shall be
established such that the device remains in the closed position whenever the

internal pressure of the container is within the internal pressure operating range
determined by the owner or operator based on container manufacturer
recommendations, applicable regulations, fire protection and prevention codes,
standard engineering codes and practices, or other requirements for the safe
handling of flammable, ignitable, explosive, reactive, or hazardous materials.
Examples of normal operating conditions that may require these devices to open
are during those times when the internal pressure of the container exceeds the
internal pressure operating range for the container as a result of loading operations
or diurnal ambient temperature fluctuations.
(5) 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.
d. The owner or operator of containers using container level 2 controls shall inspect the
containers and their covers and closure devices as follows:
(1) In the case when a hazardous waste already is in the container at the time the
owner or operator first accepts possession of the container at the facility and the
container is not emptied within twenty-four hours after the container is accepted at
the facility (for example, does not meet the conditions for an empty container as
specified in subsections 3, 4, and 5 of section 33.1-24-02-07), the owner or operator
shall visually inspect the container and its cover and closure devices to check for
visible cracks, holes, gaps, or other open spaces into the interior of the container
when the cover and closure devices are secured in the closed position. The
container visual inspection shall be conducted on or before the date that the
container is accepted at the facility (for example, the date the container becomes
subject to the container standards in sections 33.1-24-05-450 through
33.1-24-05-474). For purposes of this requirement, the date of acceptance is the
date of signature that the facility owner or operator enters on item 20 of the uniform
hazardous waste manifest in appendix l to chapter 33.1-24-03 (environmental
protection agency forms 8700-22 and 8700-22A), as required by section
### § 33.1-24-05-38. If a defect is detected, the owner or operator shall repair the defect

in accordance with the requirements of paragraph 3.
(2) In the case when a container used for managing hazardous waste remains at the
facility for a period of one year or more, the owner or operator shall visually inspect
the container and its cover and closure devices initially and thereafter, at least once
every twelve months, to check for visible cracks, holes, gaps, or other open spaces
into the interior of the container when the cover and closure devices are secured in
the closed position. If a defect is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph 3.
(3) When a defect is detected for the container, cover, or closure devices, the owner or
operator shall make first efforts at repair of the defect no later than twenty-four
hours after detection, and repair shall be completed as soon as possible but no later
than five calendar days after detection. If repair of a defect cannot be completed
within five calendar days, then the hazardous waste shall be removed from the
container and the container shall not be used to manage hazardous waste until the
defect is repaired.
5. Container level 3 standards.
a. A container using container level 3 controls is one of the following:
(1) A container that is vented directly through a closed-vent system to a control device
in accordance with the requirements of paragraph 2 of subdivision b.

(2) A container that is vented inside an enclosure which is exhausted through a
closed-vent system to a control device in accordance with the requirements of
paragraphs 1 and 2 of subdivision b.
b. The owner or operator shall meet the following requirements, as applicable to the type of
air emission control equipment selected by the owner or operator:
(1) The container enclosure shall be designed and operated in accordance with the
criteria for 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. The enclosure may have permanent or temporary openings to
allow worker access; passage of containers through the enclosure by conveyor or
other mechanical means; entry of permanent mechanical or electrical equipment; or
direct airflow into the enclosure. The owner or operator shall perform the verification
procedure for the enclosure as specified in section 5.0 to "Procedure T - Criteria for
and Verification of a Permanent or Temporary Total Enclosure" initially when the
enclosure is first installed and, thereafter, annually.
(2) The closed-vent system and control device shall be designed and operated in
accordance with the requirements of section 33.1-24-05-457.
c. Safety devices, as defined in section 33.1-24-05-451, may be installed and operated as
necessary on any container, enclosure, closed-vent system, or control device used to
comply with the requirements of subdivision a.
d. Owners and operators using container level 3 controls in accordance with the provisions
of sections 33.1-24-05-450 through 33.1-24-05-474 shall inspect and monitor the
closed-vent systems and control devices as specified in section 33.1-24-05-457.
e. Owners and operators that use container level 3 controls in accordance with the
provisions of sections 33.1-24-05-450 through 33.1-24-05-474 shall prepare and
maintain the records specified in subsection 4 of section 33.1-24-05-459.
f. Transfer of hazardous waste in or out of a container using container level 3 controls shall
be conducted in such a manner as to minimize exposure of the hazardous waste to the
atmosphere, to the extent practical, considering the physical properties of the hazardous
waste and good engineering and safety practices for handling flammable, ignitable,
explosive, reactive, or other hazardous materials. Examples of container loading
procedures that the department considers to meet the requirements of this subdivision
include using any one of the following: a submerged-fill pipe or other submerged-fill
method to load liquids into the container; a vapor-balancing system or a vapor-recovery
system to collect and control the vapors displaced from the container during filling
operations; or a fitted opening in the top of a container through which the hazardous
waste is filled and subsequently purging the transfer line before removing it from the
container opening.
6. For the purpose of compliance with paragraph 1 of subdivision a of subsection 3 or
paragraph 1 of subdivision a of subsection 4, containers shall be used that meet the
applicable department of transportation regulations on packaging hazardous materials for
transportation as follows:
a. The container meets the applicable requirements specified in 49 CFR part 178 -
Specifications for Packaging or 49 CFR part 179 - Specifications for Tank Cars.
b. Hazardous waste is managed in the container in accordance with the applicable
requirements specified in 49 CFR part 107, subpart B - Exemptions; 49 CFR part 172 -

Hazardous Materials Table, Special Provisions, Hazardous Materials Communications,
Emergency Response Information, and Training Requirements; 49 CFR part 173 -
Shippers - General Requirements for Shipments and Packages; and 49 CFR part 180 -
Continuing Qualification and Maintenance of Packagings.
c. For the purpose of complying with sections 33.1-24-05-450 through 33.1-24-05-474, no
exceptions to the 49 CFR part 178 or 179 regulations are allowed except as provided for
in subdivision d.
d. For a lab pack that is managed in accordance with the requirements of 49 CFR part 178
for the purpose of complying with sections 33.1-24-05-450 through 33.1-24-05-474, an
owner or operator may comply with the exceptions for combination packagings specified
in 49 CFR 173.12(b).
7. To determine compliance with the no detectable organic emissions requirement of
paragraph 2 of subdivision a of subsection 4, the procedure specified in subsection 4 of
section 33.1-24-05-453 shall be used.
a. Each potential leak interface (for example, a location where organic vapor leakage could
occur) on the container, its cover, and associated closure devices, as applicable to the
container, shall be checked. Potential leak interfaces that are associated with containers
include the interface of the cover rim and the container wall; the periphery of any opening
on the container or container cover and its associated closure device; and the sealing
seat interface on a spring-loaded pressure-relief valve.
b. The test shall be performed when the container is filled with a material having a volatile
organic concentration representative of the range of volatile organic concentrations for
the hazardous waste expected to be managed in this type of container. During the test,
the container cover and closure devices shall be secured in the closed position.
8. Procedure for determining a container to be vapor-tight using method 27 of 40 CFR part 60,
appendix A, for the purpose of complying with paragraph 3 of subdivision a of subsection 4.
a. The test shall be performed in accordance with method 27 of 40 CFR part 60,
appendix A.
b. A pressure measurement device shall be used that has a precision of plus or minus
0.1 inch [plus or minus 2.5 millimeters] water and that is capable of measuring above the
pressure at which the container is to be tested for vapor tightness.
c. If the test results determined by method 27 indicate that the container sustains a
pressure change less than or equal to seven hundred fifty pascals within five minutes
after it is pressurized to a minimum of four thousand five hundred pascals, then the
container is determined to be vapor-tight.
History: Effective January 1, 2019.
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
### § 33.1-24-05-457. Standards - Closed-vent systems and control devices.

1. This section applies to each closed-vent system and control device installed and operated by
the owner or operator to control air emissions in accordance with standards of sections
2. The closed-vent system shall meet the following requirements:

a. The closed-vent system shall route the gases, vapors, and fumes emitted from the
hazardous waste in the waste management unit to a control device that meets the
requirements specified in subsection 3.
b. The closed-vent system shall be designed and operated in accordance with the
requirements specified in subsection 11 of section 33.1-24-05-403.
c. In the case when the closed-vent system includes bypass devices that could be used to
divert the gas or vapor stream to the atmosphere before entering the control device, each
bypass device shall be equipped with either a flow indicator as specified in paragraph 1
or a seal or locking device as specified in paragraph 2. For the purpose of complying with
this subdivision, low leg drains, high point bleeds, analyzer vents, open-ended valves or
lines, spring-loaded pressure relief valves, and other fittings used for safety purposes are
not considered to be bypass devices.
(1) If a flow indicator is used to comply with this subdivision, the indicator shall be
installed at the inlet to the bypass line used to divert gases and vapors from the
closed-vent system to the atmosphere at a point upstream of the control device
inlet. For this subdivision, a flow indicator means a device which indicates the
presence of either gas or vapor flow in the bypass line.
(2) If a seal or locking device is used to comply with this subdivision, the device shall be
placed on the mechanism by which the bypass device position is controlled (for
example, valve handle, damper lever) when the bypass device is in the closed
position such that the bypass device cannot be opened without breaking the seal or
removing the lock. Examples of such devices include a car-seal or a lock-and-key
configuration valve. The owner or operator shall visually inspect the seal or closure
mechanism at least once every month to verify that the bypass mechanism is
maintained in the closed position.
d. The closed-vent system shall be inspected and monitored by the owner or operator in
accordance with the procedure specified in subsection 12 of section 33.1-24-05-403.
3. The control device shall meet the following requirements:
a. The control device shall be one of the following devices:
(1) A control device designed and operated to reduce the total organic content of the
inlet vapor stream vented to the control device by at least ninety-five percent by
weight;
(2) An enclosed combustion device designed and operated in accordance with the
requirements of subsection 3 of section 33.1-24-05-403; or
(3) A flare designed and operated in accordance with the requirements of subsection 4
of section 33.1-24-05-403.
b. The owner or operator who elects to use a closed-vent system and control device to
comply with the requirements of this section shall comply with the requirements specified
in paragraphs 1 through 6.
(1) Periods of planned routine maintenance of the control device, during which the
control device does not meet the specifications of paragraph 1, 2, or 3 of
subdivision a, as applicable, shall not exceed two hundred forty hours per year.
(2) The specifications and requirements in paragraphs 1, 2, and 3 of subdivision a for
control devices do not apply during periods of planned routine maintenance.

(3) The specifications and requirements in paragraphs 1, 2, and 3 of subdivision a for
control devices do not apply during a control device system malfunction.
(4) The owner or operator shall demonstrate compliance with the requirements of
paragraph 1 (for example, planned routine maintenance of a control device, during
which the control device does not meet the specifications of paragraph 1, 2, or 3 of
subdivision a, as applicable, shall not exceed two hundred forty hours per year) by
recording the information specified in paragraph 5 of subdivision a of subsection 5
of section 33.1-24-05-459.
(5) The owner or operator shall correct control device system malfunctions as soon as
practicable after their occurrence in order to minimize excess emissions of air
pollutants.
(6) The owner or operator shall operate the closed-vent system such that gases,
vapors, or fumes are not actively vented to the control device during periods of
planned maintenance or control device system malfunction (for example, periods
when the control device is not operating or not operating normally) except in cases
when it is necessary to vent the gases, vapors, or fumes, or any combination, to
avoid an unsafe condition or to implement malfunction corrective actions or planned
maintenance actions.
c. The owner or operator using a carbon adsorption system to comply with subdivision a
shall operate and maintain the control device in accordance with the following
requirements:
(1) Following the initial startup of the control device, all activated carbon in the control
device shall be replaced with fresh carbon on a regular basis in accordance with the
requirements of subsection 7 or 8 of section 33.1-24-05-403.
(2) All carbon that is a hazardous waste and that is removed from the control device
shall be managed in accordance with the requirements of subsection 14 of section
33.1-24-05-403, regardless of the average volatile organic concentration of the
carbon.
d. An owner or operator using a control device other than a thermal vapor incinerator, flare,
boiler, process heater, condensor, or carbon adsorption system to comply with
subdivision a shall operate and maintain the control device in accordance with the
requirements of subsection 10 of section 33.1-24-05-403.
e. The owner or operator shall demonstrate that a control device achieves the performance
requirements of subdivision a as follows:
(1) An owner or operator shall demonstrate using either a performance test as specified
in paragraph 3 or a design analysis as specified in paragraph 4 the performance of
each control device except for the following:
(a) A flare;
(b) A boiler or process heater with a design heat input capacity of 44 megawatts or
greater;
(c) A boiler or process heater into which the vent stream is introduced with the
primary fuel;
(d) A boiler or industrial furnace burning hazardous waste for which the owner or
operator has been issued a final permit under chapter 33.1-24-06 and has

designed and operates the unit in accordance with the requirements of
sections 33.1-24-05-525 through 33.1-24-05-549; or
(e) A boiler or industrial furnace burning hazardous waste for which the owner or
operator has designed and operates in accordance with sections
(2) An owner or operator shall demonstrate the performance of each flare in
accordance with the requirements specified in subsection 5 of section
33.1-24-05-403.
(3) For a performance test conducted to meet the requirements of paragraph 1, the
owner or operator shall use the test methods and procedures specified in
subdivisions a through d of subsection 3 of section 33.1-24-05-404.
(4) For a design analysis conducted to meet the requirements of paragraph 1, the
design analysis shall meet the requirements specified in paragraph 3 of subdivision
d of subsection 2 of section 33.1-24-05-405.
(5) The owner or operator shall demonstrate that a carbon adsorption system achieves
the performance requirements of subdivision a based on the total quantity of
organics vented to the atmosphere from all carbon adsorption system equipment
that is used for organic adsorption, organic desorption or carbon regeneration,
organic recovery, and carbon disposal.
f. If the owner or operator and the department do not agree on a demonstration of control
device performance using a design analysis, then the disagreement shall be resolved
using the results of a performance test performed by the owner or operator in
accordance with the requirements of paragraph 3 of subdivision e. The department may
choose to have an authorized representative observe the performance test.
g. The closed-vent system and control device shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in subdivision b of
subsection 6 and subsection 12 of section 33.1-24-05-403. The readings from each
monitoring device required by subdivision b of subsection 6 of section 33.1-24-05-403
shall be inspected at least once each operating day to check control device operation.
Any necessary corrective measures shall be immediately implemented to ensure the
control device is operated in compliance with the requirements of section
33.1-24-05-457.
History: Effective January 1, 2019.
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
### § 33.1-24-05-458. Inspection and monitoring requirements.

1. The owner or operator shall inspect and monitor air emission control equipment used to
comply with sections 33.1-24-05-450 through 33.1-24-05-474 in accordance with the
applicable requirements specified in sections 33.1-24-05-454 through 33.1-24-05-457.
2. The owner or operator shall develop and implement a written plan and schedule to perform
the inspections and monitoring required by subsection 1. The owner or operator shall
incorporate this plan and schedule into the facility inspection plan required under section
33.1-24-05-06.
History: Effective January 1, 2019.
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
### § 33.1-24-05-459. Recordkeeping requirements.

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
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
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
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
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
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.
History: Effective January 1, 2019.
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
### § 33.1-24-05-460. Reporting requirements.

1. Each owner or operator managing hazardous waste in a tank, surface impoundment, or
container exempted from using air emission controls under the provisions of subsection 3 of
section 33.1-24-05-452 shall report to the department each occurrence when hazardous
waste is placed in the waste management unit in noncompliance with the conditions specified
in subdivision a or b of subsection 3 of section 33.1-24-05-452, as applicable. Examples of
such occurrences include placing in the waste management unit a hazardous waste having an
average VO concentration equal to or greater than five hundred parts per million weight at the
point of waste origination; or placing in the waste management unit a treated hazardous waste
of which the organic content has been reduced by an organic destruction or removal process
that fails to achieve the applicable conditions specified in paragraphs 1 through 6 of
subdivision b of subsection 3 of section 33.1-24-05-452. The owner or operator shall submit a
written report within fifteen calendar days of the time that the owner or operator becomes
aware of the occurrence. The written report shall contain the identification number, facility
name and address, a description of the noncompliance event and the cause, the dates of the
noncompliance, and the actions taken to correct the noncompliance and prevent recurrence of
the noncompliance. The report shall be signed and dated by an authorized representative of
the owner or operator.
2. Each owner or operator using air emission controls on a tank in accordance with the
requirements of subsection 3 of section 33.1-24-05-454 shall report to the department each
occurrence when hazardous waste is managed in the tank in noncompliance with the
conditions specified in subsection 2 of section 33.1-24-05-454. The owner or operator shall
submit a written report within fifteen calendar days of the time that the owner or operator
becomes aware of the occurrence. The written report shall contain the identification number,
facility name and address, a description of the noncompliance event and the cause, the dates
of the noncompliance, and the actions taken to correct the noncompliance and prevent
recurrence of the noncompliance. The report shall be signed and dated by an authorized
representative of the owner or operator.
3. Each owner or operator using a control device in accordance with the requirements of section
for in subsection 4. The written report must be signed and dated by the owner or operator or
that person's designated representative and shall include the identification number, facility
name and address, an explanation why the control device could not be returned to compliance
within twenty-four hours, and actions taken to correct the noncompliance and shall describe
each occurrence during the previous six-month period when either:
a. A control device is operated continuously for twenty-four hours or longer in
noncompliance with the applicable operating values defined in subdivision d of
subsection 3 of section 33.1-24-05-405; or
b. A flare is operated with visible emissions for five minutes or longer in a two-hour period,
as defined in subsection 4 of section 33.1-24-05-403.

4. A report to the department in accordance with the requirements of subsection 3 is not required
for a six-month period during which all control devices subject to sections 33.1-24-05-450
through 33.1-24-05-474 are operated by the owner or operator such that:
a. During no period of twenty-four hours or longer did a control device operate continuously
in noncompliance with the applicable operating values defined in subdivision d of
subsection 3 of section 33.1-24-05-405; and
b. No flare was operated with visible emissions for five minutes or longer in a two-hour
period, as defined in subsection 4 of section 33.1-24-05-403.
History: Effective January 1, 2019.
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
### § 33.1-24-05-461. [Reserved].

### § 33.1-24-05-462. [Reserved].

### § 33.1-24-05-463. [Reserved].

### § 33.1-24-05-464. [Reserved].

### § 33.1-24-05-465. [Reserved].

### § 33.1-24-05-466. [Reserved].

### § 33.1-24-05-467. [Reserved].

### § 33.1-24-05-468. [Reserved].

### § 33.1-24-05-469. [Reserved].

### § 33.1-24-05-470. [Reserved].

### § 33.1-24-05-471. [Reserved].

### § 33.1-24-05-472. [Reserved].

### § 33.1-24-05-473. [Reserved].

### § 33.1-24-05-474. [Reserved].

### § 33.1-24-05-475. Applicability to containment buildings.

The requirements of sections 33.1-24-05-475 through 33.1-24-05-500 apply to owners or operators
who store or treat hazardous waste in units designed and operated under section 33.1-24-05-476. The

owner or operator is not subject to the definition of land disposal in Resource Conservation and
Recovery Act section 3004(k) provided that the unit:
1. Is a completely enclosed, self-supporting structure that is designed and constructed of
manmade materials of sufficient strength and thickness to support themselves, the waste
contents, and any personnel and heavy equipment that operate within the unit, and to prevent
failure due to pressure gradients, settlement, compression, or uplift, physical contact with the
hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily
operation, including the movement of heavy equipment within the unit and contact of such
equipment with containment walls;
2. Has a primary barrier that is designed to be sufficiently durable to withstand the movement of
personnel, wastes, and handling equipment within the unit;
3. If the unit is used to manage liquids, has:
a. A primary barrier designed and constructed of materials to prevent migration of
hazardous constituents into the barrier;
b. A liquid collection system designed and constructed of materials to minimize the
accumulation of liquid on the primary barrier; and
c. A secondary containment system designed and constructed of materials to prevent
migration of hazardous constituents into the barrier, with a leak detection and liquid
collection system capable of detecting, collecting, and removing leaks of hazardous
constituents at the earliest practicable time, unless the unit has been granted a variance
from the secondary containment system requirements under subdivision d of
subsection 2 of section 33.1-24-05-476;
4. Has controls sufficient to prevent fugitive dust emissions to meet the no visible emission
standard in paragraph 4 of subdivision a of subsection 3 of section 33.1-24-05-476; and
5. Is designed and operated to ensure containment and prevent the tracking of materials from
the unit by personnel or equipment.
History: Effective January 1, 2019.
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
### § 33.1-24-05-476. Design and operating standards.

1. All containment buildings must comply with the following design standards:
a. The containment building must be completely enclosed with a floor, walls, and a roof to
prevent exposure to the elements (for example, precipitation, wind, run-on) and to assure
containment of managed wastes.
b. The floor and containment walls of the unit, including the secondary containment system
if required under subsection 2, must be designed and constructed of materials of
sufficient strength and thickness to support themselves, the waste contents, and any
personnel and heavy equipment that operate within the unit, and to prevent failure due to
pressure gradients, settlement, compression, or uplift, physical contact with the
hazardous wastes to which they are exposed; climatic conditions; and the stresses of
daily operation, including the movement of heavy equipment within the unit and contact
of such equipment with containment walls. The unit must be designed so that it has
sufficient structural strength to prevent collapse or other failure. All surfaces to be in
contact with hazardous wastes must be chemically compatible with those wastes. The

department will consider standards established by professional organizations generally
recognized by the industry such as the American concrete institute or the American
society of testing materials in judging the structural integrity requirements of this
subsection. If appropriate to the nature of the waste management operation to take place
in the unit, an exception to the structural strength requirement may be made for
lightweight doors and windows that meet these criteria:
(1) They provide an effective barrier against fugitive dust emissions under paragraph 4
of subdivision a of subsection 3; and
(2) The unit is designed and operated in a fashion that assures that wastes will not
actually come in contact with these openings.
c. Incompatible hazardous wastes or treatment reagents must not be placed in the unit or
its secondary containment system if they could cause the unit or secondary containment
system to leak, corrode, or otherwise fail.
d. A containment building must have a primary barrier designed to withstand the movement
of personnel, waste, and handling equipment in the unit during the operating life of the
unit and appropriate for the physical and chemical characteristics of the waste to be
managed.
2. For a containment building used to manage hazardous wastes containing free liquids or
treated with free liquids (the presence of which is determined by the paint filter test, a visual
examination, or other appropriate means), the owner or operator must include:
a. A primary barrier designed and constructed of materials to prevent the migration of
hazardous constituents into the barrier (for example, a geomembrane covered by a
concrete wear surface).
b. A liquid collection and removal system to minimize the accumulation of liquid on the
primary barrier of the containment building:
(1) The primary barrier must be sloped to drain liquids to the associated collection
system; and
(2) Liquids and waste must be collected and removed to minimize hydraulic head on
the containment system at the earliest practicable time.
c. A secondary containment system including a secondary barrier designed and
constructed to prevent migration of hazardous constituents into the barrier, and a leak
detection system that is capable of detecting failure of the primary barrier and collecting
accumulated hazardous wastes and liquids at the earliest practicable time.
(1) The requirements of the leak detection component of the secondary containment
system are satisfied by installation of a system that is, at a minimum:
(a) Constructed with a bottom slope of one percent or more; and
(b) Constructed of a granular drainage material with a hydraulic conductivity of
1x10-2 centimeters per second or more and a thickness of twelve inches
[30.5 centimeters] or more, or constructed of synthetic or geonet drain
materials with a transmissivity of 3x10-5 square meters per second.
(2) If treatment is to be conducted in the building, an area in which such treatment will
be conducted must be designed to prevent the release of liquids, wet materials, or
liquid aerosols to other portions of the building.

(3) The secondary containment system must be constructed of materials that are
chemically resistant to the waste and liquids managed in the containment building
and of sufficient strength and thickness to prevent collapse under the pressure
exerted by overlaying materials and by any equipment used in the containment
building. (Containment buildings can serve as secondary containment systems for
tanks placed within the building under certain conditions. A containment building can
serve as an external liner system for a tank, provided it meets the requirements of
subdivision a of subsection 5 of section 33.1-24-05-106. In addition, the
containment building must meet the requirements of subsection 2 of section
to be considered an acceptable secondary containment system for a tank.)
d. For existing units other than ninety-day generator units, the department may delay the
secondary containment requirement for up to two years, based on a demonstration by
the owner or operator that the unit substantially meets the standards of sections
operator must:
(1) Provide written notice to the department of the request by November 16, 1992. This
notification must describe the unit and its operating practices with specific reference
to the performance of existing containment systems, and specific plans for
retrofitting the unit with secondary containment;
(2) Respond to any comments from the department on these plans within thirty days;
and
(3) Fulfill the terms of the revised plans, if such plans are approved by the department.
3. Owners or operators of all containment buildings must:
a. Use controls and practices to ensure containment of the hazardous waste within the unit;
and, at a minimum:
(1) Maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other
deterioration that could cause hazardous waste to be released from the primary
barrier;
(2) Maintain the level of the stored or treated hazardous waste within the containment
walls of the unit so that the height of any containment wall is not exceeded;
(3) Take measures to prevent the tracking of hazardous waste out of the unit by
personnel or by equipment used in handling the waste. An area must be designated
to decontaminate equipment and any rinsate must be collected and properly
managed; and
(4) Take measures to control fugitive dust emissions such that any openings (doors,
windows, vents, cracks, etc.) exhibit no visible emissions (see 40 CFR part 60,
appendix A, method 22 Visual Determination of Fugitive Emissions from Material
Sources and Smoke Emissions from Flares). In addition, all associated particulate
collection devices (for example, fabric filter, electrostatic precipitator) must be
operated and maintained with sound air pollution control practices (see 40 CFR
part 60, subpart 292 for guidance). This state of no visible emissions must be
maintained effectively at all times during routine operating and maintenance
conditions, including when vehicles and personnel are entering and exiting the unit.
b. Obtain and keep onsite a certification by a qualified professional engineer that the
containment building design meets the requirements of subsections 1, 2, and 3.

c. Throughout the active life of the containment building, if the owner or operator detects a
condition that could lead to or has caused a release of hazardous waste, the owner or
operator must repair the condition promptly, in accordance with the following procedures.
(1) Upon detection of a condition that has led to a release of hazardous waste (for
example, upon detection of leakage from the primary barrier) the owner or operator
must:
(a) Enter a record of the discovery in the facility operating record;
(b) Immediately remove the portion of the containment building affected by the
condition from service;
(c) Determine what steps must be taken to repair the containment building,
remove any leakage from the secondary collection system, and establish a
schedule for accomplishing the cleanup and repairs; and
(d) Within seven days after the discovery of the condition, notify the department of
the condition, and within fourteen working days, provide a written notice to the
department with a description of the steps taken to repair the containment
building, and the schedule for accomplishing the work.
(2) The department will review the information submitted, make a determination
regarding whether the containment building must be removed from service
completely or partially until repairs and cleanup are complete, and notify the owner
or operator of the determination and the underlying rationale in writing.
(3) Upon completing all repairs and cleanup the owner or operator must notify the
department in writing and provide a verification, signed by a qualified, registered
professional engineer, that the repairs and cleanup have been completed according
to the written plan submitted in accordance with subparagraph d of paragraph 1 of
subdivision c of subsection 3.
d. Inspect and record in the facility's operating record, at least once every seven days, data
gathered from monitoring and leak detection equipment as well as the containment
building and the area immediately surrounding the containment building to detect signs of
releases of hazardous waste.
4. For containment buildings that contain both areas with and without secondary containment,
the owner or operator must:
a. Design and operate each area in accordance with the requirements enumerated in
subsections 1, 2, and 3;
b. Take measures to prevent the release of liquids or wet materials into areas without
secondary containment; and
c. Maintain in the facility's operating log a written description of the operating procedures
used to maintain the integrity of areas without secondary containment.
5. Notwithstanding any other provision of sections 33.1-24-05-475 through 33.1-24-05-500, the
department may waive requirements for secondary containment for a permitted containment
building where the owner or operator demonstrates that the only free liquids in the unit are
limited amounts of dust suppression liquids required to meet occupational health and safety
requirements, and where containment of managed wastes and liquids can be assured without
a secondary containment system.

History: Effective January 1, 2019.
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
### § 33.1-24-05-477. Closure and postclosure care.

1. At closure of a containment building, the owner or operator must remove or decontaminate all
waste residues, contaminated containment system components (liners for example)
contaminated subsoils, and structures and equipment contaminated with waste and leachate,
and manage them as hazardous waste unless subsection 4 of section 33.1-24-02-03 applies.
The closure plan, closure activities, cost estimates for closure, and financial responsibility for
containment buildings must meet all of the requirements specified in sections 33.1-24-05-59
through 33.1-24-05-88.
2. If, after removing or decontaminating all residues and making all reasonable efforts to effect
removal or decontamination of contaminated components, subsoils, structures, and
equipment as required in subsection 1, the owner or operator finds that not all contaminated
subsoils can be practicably removed or decontaminated, the owner or operator must close the
facility and perform postclosure care in accordance with the closure and postclosure
requirements that apply to landfills (section 33.1-24-05-180). In addition, for the purposes of
closure, postclosure, and financial responsibility, such a containment building is then
considered to be a landfill, and the owner or operator must meet all of the requirements for
landfills specified in sections 33.1-24-05-59 through 33.1-24-05-88.
History: Effective January 1, 2019.
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
### § 33.1-24-05-478. [Reserved].

### § 33.1-24-05-479. [Reserved].

### § 33.1-24-05-480. [Reserved].

### § 33.1-24-05-481. [Reserved].

### § 33.1-24-05-482. [Reserved].

### § 33.1-24-05-483. [Reserved].

### § 33.1-24-05-484. [Reserved].

### § 33.1-24-05-485. [Reserved].

### § 33.1-24-05-486. [Reserved].

### § 33.1-24-05-487. [Reserved].

### § 33.1-24-05-488. [Reserved].


### § 33.1-24-05-489. [Reserved].

### § 33.1-24-05-490. [Reserved].

### § 33.1-24-05-491. [Reserved].

### § 33.1-24-05-492. [Reserved].

### § 33.1-24-05-493. [Reserved].

### § 33.1-24-05-494. [Reserved].

### § 33.1-24-05-495. [Reserved].

### § 33.1-24-05-496. [Reserved].

### § 33.1-24-05-497. [Reserved].

### § 33.1-24-05-498. [Reserved].

### § 33.1-24-05-499. [Reserved].

### § 33.1-24-05-500. [Reserved].

### § 33.1-24-05-501. Applicability to drip pads.

1. The requirements of sections 33.1-24-05-501 through 33.1-24-05-524 apply to owners and
operators of facilities that use new or existing drip pads to convey treated wood drippage,
precipitation, and surface water runoff, or any combination, to an associated collection system.
Existing drip pads are those constructed before December 6, 1990, and those for which the
owner or operator has a design and has entered into binding financial or other agreements for
construction prior to December 6, 1990. All other drip pads are new drip pads. The
requirement of subdivision c of subsection 2 of section 33.1-24-05-504 to install a leak
collection system applies only to those drip pads that are constructed after December 24,
1992, except for those constructed after December 24, 1992, for which the owner or operator
has a design and has entered into binding financial or other agreements for construction prior
to December 24, 1992.
2. The owner or operator of any drip pad that is inside or under a structure that provides
protection from precipitation so that neither runoff nor run-on is generated is not subject to
regulation under subsection 5 or 6 of section 33.1-24-05-504.
3. The requirements of sections 33.1-24-05-501 through 33.1-24-05-524 are not applicable to
the management of infrequent and incidental drippage in storage yards provided that the
owner or operator maintains and complies with a written contingency plan that describes how
the owner or operator will respond immediately to the discharge of such infrequent and
incidental drippage. At a minimum, the contingency plan must describe how the owner or
operator will do the following:

a. Clean up the drippage;
b. Document the cleanup of the drippage;
c. Retain documents regarding cleanup for three years; and
d. Manage the contaminated media in a manner consistent with federal regulations.
History: Effective January 1, 2019.
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
### § 33.1-24-05-502. Assessment of existing drip pad integrity.

1. For each existing drip pad as defined in section 33.1-24-05-501, the owner or operator must
evaluate the drip pad and determine that it meets all of the requirements of sections
systems of subsection 2 of section 33.1-24-05-504. No later than the effective date of this rule,
the owner or operator must obtain and keep on file at the facility a written assessment of the
drip pad, reviewed and certified by a qualified professional engineer that attests to the results
of the evaluation. The assessment must be reviewed, updated and recertified annually until all
upgrades, repairs, or modifications necessary to achieve compliance with all of the standards
of section 33.1-24-05-504 are complete. The evaluation must document the extent to which
the drip pad meets each of the design and operating standards of section 33.1-24-05-504,
except the standards for liners and leak detection systems, specified in subsection 2 of
section 33.1-24-05-504.
2. The owner or operator must develop a written plan for upgrading, repairing, and modifying the
drip pad to meet the requirements of subsection 2 of section 33.1-24-05-504, and submit the
plan to the department no later than two years before the date that all repairs, upgrades, and
modifications are complete. This written plan must describe all changes to be made to the drip
pad in sufficient detail to document compliance with all the requirements of section
### § 33.1-24-05-504. The plan must be reviewed and certified by a qualified professional engineer.

3. Upon completion of all upgrades, repairs, and modifications, the owner or operator must
submit to the department, the as-built drawings for the drip pad together with a certification by
a qualified professional engineer attesting that the drip pad conforms to the drawings.
4. If the drip pad is found to be leaking or unfit for use, the owner or operator must comply with
the provisions of subsection 13 of section 33.1-24-05-504 or close the drip pad in accordance
with section 33.1-24-05-506.
History: Effective January 1, 2019.
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
### § 33.1-24-05-503. Design and installation of new drip pads.

Owners and operators of new drip pads must ensure that the pads are designed, installed, and
operated in accordance with one of the following:
1. All of the requirements of sections 33.1-24-05-504 (except subdivision d of subsection 1 of
section 33.1-24-05-504), 33.1-24-05-505, and 33.1-24-05-506; or
2. All of the requirements of sections 33.1-24-05-504 (except subsection 2 of section
33.1-24-05-504), 33.1-24-05-505, and 33.1-24-05-506.

History: Effective January 1, 2019.
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
### § 33.1-24-05-504. Design and operating requirements.

1. Drip pads must:
a. Be constructed of nonearthen materials, excluding wood and nonstructurally supported
asphalt;
b. Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of
drippage and water or other wastes to the associated collection system;
c. Have a curb or berm around the perimeter;
d. Drip pads must meet and have on file the following:
(1) Have a hydraulic conductivity of less than or equal to 1x10-7 centimeters per second
(for example, existing concrete drip pads must be sealed, coated, or covered with a
surface material with a hydraulic conductivity of less than or equal to 1x10-7
centimeters per second), such that the entire surface where drippage occurs or may
run across is capable of containing such drippage and mixtures of drippage and
precipitation, materials, or other wastes while being routed to an associated
collection system. This surface material must be maintained free of cracks and gaps
that could adversely affect its hydraulic conductivity, and the material must be
chemically compatible with the preservatives that contact the drip pad. The
requirements of this provision apply only to existing drip pads and those drip pads
for which the owner or operator elects to comply with subsection 2 of section
(2) The owner or operator must obtain and keep on file at the facility a written
assessment of the drip pad, reviewed and certified by a qualified professional
engineer that attests to the results of the evaluation. The assessment must be
reviewed, updated, and recertified annually. The evaluation must document the
extent to which the drip pad meets the design and operating standards of this
section, except for subsection 2.
e. Be of sufficient structural strength and thickness to prevent failure due to physical
contact, climatic conditions, the stress of daily operations (for example, variable and
moving loads such as vehicle traffic, movement of wood, etc.).
Note: The department will generally consider applicable standards established by professional
organizations generally recognized by the industry such as the American concrete institute
(ACI) or the American society of testing and materials (ASTM) in judging the structural integrity
requirement of this subsection.
2. If an owner or operator elects to comply with subsection 1 of section 33.1-24-05-503 instead
of subsection 2 of section 33.1-24-05-503, the drip pad must have:
a. A synthetic liner installed below the drip pad that is designed, constructed, and installed
to prevent leakage from the drip pad into the adjacent subsurface soil or ground water or
surface water at any time during the active life (including the closure period) of the drip
pad. The liner must be constructed of materials that will prevent waste from being
absorbed into the liner and to prevent releases into the adjacent subsurface soil or
ground water or surface water during the active life of the facility. The liner must be:

(1) Constructed of materials that have appropriate chemical properties and sufficient
strength and thickness to prevent failure due to pressure gradients (including static
head and external hydrogeologic forces), physical contact with the waste or drip pad
leakage to which they are exposed, climatic conditions, the stress of installation,
and the stress of daily operation (including stresses from vehicular traffic on the drip
pad);
(2) Placed upon a foundation or base capable of providing support to the liner and
resistance to pressure gradients above and below the liner to prevent failure of the
liner due to settlement, compression, or uplift; and
(3) Installed to cover all surrounding earth that could come in contact with the waste or
leakage.
b. A leakage detection system immediately above the liner that is designed, constructed,
maintained, and operated to detect leakage from the drip pad. The leakage detection
system must be:
(1) Constructed of materials that are:
(a) Chemically resistant to the waste managed in the drip pad and the leakage
that might be generated; and
(b) Of sufficient strength and thickness to prevent collapse under the pressures
exerted by overlaying materials and by any equipment used at the drip pad;
(2) Designed and operated to function without clogging through the scheduled closure
of the drip pad; and
(3) Designed so that it will detect the failure of the drip pad or the presence of a release
of hazardous waste or accumulated liquid at the earliest practicable time.
c. A leakage collection system immediately above the liner that is designed, constructed,
maintained, and operated to collect leakage from the drip pad such that it can be
removed from below the drip pad. The date, time, and quantity of any leakage collected
in this system and removed must be documented in the operating log.
3. Drip pads must be maintained such that they remain free of cracks, gaps, corrosion, or other
deterioration that could cause hazardous waste to be released from the drip pad.
Note: See subsection 13 for remedial action required if deterioration or leakage is detected.
4. The drip pad and associated collection system must be designed and operated to convey,
drain, and collect liquid resulting from drippage or precipitation in order to prevent runoff.
5. Unless protected by a structure, as described in subsection 2 of section 33.1-24-05-501, the
owner or operator must design, construct, operate, and maintain a run-on control system
capable of preventing flow onto the drip pad during peak discharge from at least a
twenty-four-hour, twenty-five-year storm, unless the system has sufficient excess capacity to
contain any runoff that might enter the system.
6. Unless protected by a structure or cover as described in subsection 2 of section
33.1-24-05-501, the owner or operator, must design, construct, operate, and maintain a runoff
management system to collect and control at least the water volume resulting from a
twenty-four-hour, twenty-five-year storm.

7. The drip pad must be evaluated to determine that it meets the requirements of subsections 1
through 6 and the owner or operator must obtain a statement from a qualified professional
engineer certifying that the drip pad design meets the requirements of this section.
8. Drippage and accumulated precipitation must be removed from the associated collection
system as necessary to prevent overflow onto the drip pad.
9. The drip pad surface must be cleaned thoroughly in a manner and frequency such that
accumulated residues of hazardous waste or other materials are removed, with residues
being properly managed as hazardous waste, so as to allow weekly inspections of the entire
drip pad surface without interference or hindrance from accumulated residues of hazardous
waste or other materials on the drip pad. The owner or operator must document the date and
time of each cleaning and the cleaning procedure used in the facility's operating log. The
owner or operator must determine if the residues are hazardous as per section 33.1-24-03-02
and, if so, must manage them under article 33.1-24.
10. Drip pads must be operated and maintained in a manner to minimize tracking of hazardous
waste or hazardous waste constituents off the drip pad as a result of activities by personnel or
equipment.
11. After being removed from the treatment vessel, treated wood from pressure and nonpressure
processes must be held on the drip pad until drippage has ceased. The owner or operator
must maintain records sufficient to document that all treated wood is held on the pad following
treatment in accordance with this requirement.
12. Collection and holding units associated with run-on and runoff control systems must be
emptied or otherwise managed as soon as possible after storms to maintain design capacity
of the system.
13. Throughout the active life of the drip pad and as specified in the permit, if the owner or
operator detects a condition that may have caused or has caused a release of hazardous
waste, the condition must be repaired within a reasonably prompt period of time following
discovery, in accordance with the following procedures:
a. Upon detection of a condition that may have caused or has caused a release of
hazardous waste (for example, upon detection of leakage in the leak detection system),
the owner or operator must:
(1) Enter a record of the discovery in the facility operating log;
(2) Immediately remove the portion of the drip pad affected by the condition from
service;
(3) Determine what steps must be taken to repair the drip pad and clean up any
leakage from below the drip pad, and establish a schedule for accomplishing the
repairs; and
(4) Within twenty-four hours after discovery of the condition, notify the department of
the condition and, within ten working days, provide written notice to the department
with a description of the steps that will be taken to repair the drip pad and clean up
any leakage, and the schedule for accomplishing this work.
b. The department will review the information submitted, make a determination regarding
whether the pad must be removed from service completely or partially until repairs and
cleanup are complete, and notify the owner or operator of the determination and the
underlying rationale in writing.

c. Upon completing all repairs and cleanup, the owner or operator must notify the
department in writing and provide a certification signed by an independent, qualified
registered professional engineer, that the repairs and cleanup have been completed
according to the written plan submitted in accordance with paragraph 4 of subdivision a.
14. Should a permit be necessary, the department will specify in the permit all design and
operating practices that are necessary to ensure that the requirements of this section are
satisfied.
15. The owner or operator must maintain, as part of the facility operating log, documentation of
past operating and waste handling practices. This must include identification of preservative
formulations used in the past, a description of drippage management practices, and a
description of treated wood storage and handling practices.
History: Effective January 1, 2019.
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
### § 33.1-24-05-505. Inspections.

1. During construction or installation, liners and cover systems (for example, membranes,
sheets, or coatings) must be inspected for uniformity, damage, and imperfections (for
example, holes, cracks, thin spots, or foreign materials). Immediately after construction or
installation, liners must be inspected and certified as meeting the requirements of section
the facility as part of the facility operating record. After installation, liners and covers must be
inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.
2. While a drip pad is in operation, it must be inspected weekly and after storms to detect
evidence of any of the following:
a. Deterioration, malfunctions, or improper operation of run-on and runoff control systems.
b. The presence of leakage in and proper functioning of leak detection system.
c. Deterioration or cracking of the drip pad surface.
Note: See subsection 13 of section 33.1-24-05-504 for remedial action required if deterioration
or leakage is detected.
History: Effective January 1, 2019.
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
### § 33.1-24-05-506. Closure.

1. At closure, the owner or operator must remove or decontaminate all waste residues,
contaminated containment system components (pad, liners, etc.), contaminated subsoils, and
structures and equipment contaminated with waste and leakage, and manage them as
hazardous waste.
2. If, after removing or decontaminating all residues and making all reasonable efforts to effect
removal or decontamination of contaminated components, subsoils, structures, and
equipment as required in subsection 1, the owner or operator finds that not all contaminated
subsoils can be practicably removed or decontaminated, the owner or operator must close the
facility and perform postclosure care in accordance with closure and postclosure care
requirements that apply to landfills in section 33.1-24-05-180. For permitted units, the

requirement to have a permit continues throughout the postclosure period. In addition, for the
purpose of closure, postclosure, and financial responsibility, such a drip pad is then
considered to be landfill, and the owner or operator must meet all of the requirements for
landfills specified in sections 33.1-24-05-59 through 33.1-24-05-88.
3. Drip pad:
a. The owner or operator of an existing drip pad, as defined in section 33.1-24-05-501, that
does not comply with the liner requirements of subdivision a of subsection 2 of section
(1) Include in the closure plan for the drip pad under section 33.1-24-05-61 both a plan
for complying with subsection 1 and a contingent plan for complying with
subsection 2 in case not all contaminated subsoils can be practicably removed at
closure; and
(2) Prepare a contingent postclosure plan under section 33.1-24-05-67 for complying
with subsection 2 in case not all contaminated subsoils can be practicably removed
at closure.
b. The cost estimates calculated under sections 33.1-24-05-61 and 33.1-24-05-76 for
closure and postclosure care of a drip pad must include the cost of complying with the
contingent closure plan and the contingent postclosure plan, but are not required to
include the cost of expected closure under subsection 1.
History: Effective January 1, 2019.
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
### § 33.1-24-05-507. [Reserved].

### § 33.1-24-05-508. [Reserved].

### § 33.1-24-05-509. [Reserved].

### § 33.1-24-05-510. [Reserved].

### § 33.1-24-05-511. [Reserved].

### § 33.1-24-05-512. [Reserved].

### § 33.1-24-05-513. [Reserved].

### § 33.1-24-05-514. [Reserved].

### § 33.1-24-05-515. [Reserved].

### § 33.1-24-05-516. [Reserved].

### § 33.1-24-05-517. [Reserved].


### § 33.1-24-05-518. [Reserved].

### § 33.1-24-05-519. [Reserved].

### § 33.1-24-05-520. [Reserved].

### § 33.1-24-05-521. [Reserved].

### § 33.1-24-05-522. [Reserved].

### § 33.1-24-05-523. [Reserved].

### § 33.1-24-05-524. [Reserved].

### § 33.1-24-05-525. Applicability to hazardous waste burned in boilers and industrial furnaces.

1. The regulations of sections 33.1-24-05-525 through 33.1-24-05-549 apply to hazardous waste
burned or processed in a boiler or industrial furnace (as defined in section 33.1-24-01-04)
irrespective of the purpose of burning or processing, except as provided by subsections 2, 3,
4, 7, and 8. In sections 33.1-24-05-525 through 33.1-24-05-549, the term "burn" means
burning for energy recovery or destruction, or processing for materials recovery or as an
ingredient. The emissions standards of sections 33.1-24-05-529 through 33.1-24-05-532 apply
to facilities operating under interim status or under a hazardous waste operating permit as
specified in sections 33.1-24-05-527 and 33.1-24-05-528.
2. Integration of the maximum achievable control technology standards.
a. Except as provided by subdivisions b through d, the standards of sections
industrial furnace unit that becomes subject to hazardous waste permit requirements
after October 12, 2005; or no longer apply when an owner or operator of an existing
hazardous waste boiler or industrial furnace unit demonstrates compliance with the
maximum achievable control technology requirements of 40 CFR part 63, subpart EEE,
by conducting a comprehensive performance test and submitting to the department a
notification of compliance under 40 CFR sections 63.1207(j) and 63.1210(d)
documenting compliance with the requirements of 40 CFR part 63, subpart EEE.
Nevertheless, even after this demonstration of compliance with the maximum achievable
control technology standards, hazardous waste permit conditions that were based on the
standards of sections 33.1-24-05-525 through 33.1-24-05-549 will continue to be in effect
until they are removed from the permit or the permit is terminated or revoked, unless the
permit expressly provides otherwise.
b. The following standards continue to apply:
(1) If a permittee elects to comply with paragraph 1 of subdivision a of subsection 1 of
section 33.1-24-06-100 to minimize emissions of toxic compounds from startup,
shutdown, and malfunction events, subdivision a of subsection 5 of section
specified in the permit at all times that hazardous waste is in the unit, and
paragraph 3 of subdivision b of subsection 5 of section 33.1-24-05-527 requiring
compliance with the emission standards and operating requirements during startup

and shutdown if hazardous waste is in the combustion chamber, except for
particular hazardous wastes. These provisions apply only during startup, shutdown,
and malfunction events;
(2) The closure requirements of subdivision k of subsection 5 of section 33.1-24-05-527
and subsection 12 of section 33.1-24-05-528;
(3) The standards for direct transfer of section 33.1-24-05-536;
(4) The standards for regulation of residues of section 33.1-24-05-537; and
(5) The applicable requirements of sections 33.1-24-05-01 through 33.1-24-05-88,
c. The owner or operator of a boiler or hydrochloric acid production furnace that is an area
source under 40 CFR section 63.2 and the owner or operator elects not to comply with
the emission standards under 40 CFR sections 63.1216, 63.1217, and 63.1218 for
particulate matter, semivolatile and low volatile metals, and total chlorine, the owner or
operator also remains subject to:
(1) Section 33.1-24-05-530 - Standards to control particulate matter;
(2) Section 33.1-24-05-531 - Standards to control metals emissions, except for
mercury; and
(3) Section 33.1-24-05-532 - Standards to control hydrogen chloride and chlorine gas.
d. The particulate matter standard of section 33.1-24-05-530 remains in effect for boilers
that elect to comply with the alternative to the particulate matter standard under 40 CFR
sections 63.1216(e) and 63.1217(e).
3. The following hazardous wastes and facilities are not subject to regulation under sections
a. Used oil burned for energy recovery that is also hazardous waste solely because it
exhibits a characteristic of hazardous waste identified in sections 33.1-24-02-10 through
### § 33.1-24-02-14. Such used oil is subject to regulation under sections 33.

1-24-05-600
through 33.1-24-05-689;
b. Gas recovered from hazardous or solid waste landfills when such gas is burned for
energy recovery;
c. Hazardous wastes that are exempt from regulation under section 33.1-24-02-04 and
paragraphs 4 through 6 of subdivision c of subsection 1 of section 33.1-24-02-06, and
hazardous wastes that are subject to the special requirements for conditionally exempt
small quantity generators under section 33.1-24-03-26; and
d. Coke ovens, if the only hazardous waste burned is hazardous waste number K087,
decanter tank tar sludge from coking operations.
4. Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical
devices such as cupolas, sintering machines, roasters, and foundry furnaces, but not including
cement kilns, aggregate kilns, or halogen acid furnaces burning hazardous waste) that
process hazardous waste solely for metal recovery are conditionally exempt from regulation
under sections 33.1-24-05-525 through 33.1-24-05-549, except for sections 33.1-24-05-526
and 33.1-24-05-537.

a. To be exempt from sections 33.1-24-05-527 through 33.1-24-05-536, an owner or
operator of a metal recovery furnace or mercury recovery furnace must comply with the
following requirements, except that an owner or operator of a lead or a nickel-chromium
recovery furnace, or a metal recovery furnace that burns baghouse bags used to capture
metallic dusts emitted by steel manufacturing, must comply with the requirements of
subdivision c, and owners or operators of lead recovery furnaces that are subject to
regulation under the secondary lead smelting national emission standard for hazardous
air pollutants must comply with the requirements of subsection 8:
(1) Provide a one-time written notice to the department indicating the following:
(a) The owner or operator claims exemption under this subsection;
(b) The hazardous waste is burned solely for metal recovery consistent with the
provisions of subdivision b;
(c) The hazardous waste contains recoverable levels of metals; and
(d) The owner or operator will comply with the sampling and analysis and
recordkeeping requirements of this subsection;
(2) Sample and analyze the hazardous waste and other feedstocks as necessary to
comply with the requirements of this subsection by using appropriate methods; and
(3) Maintain at the facility for at least three years records to document compliance with
the provisions of this subsection, including limits on levels of toxic organic
constituents and British thermal unit value of the waste, and levels of recoverable
metals in the hazardous waste compared to normal nonhazardous waste
feedstocks.
b. A hazardous waste meeting either of the following criteria is not processed solely for
metal recovery:
(1) The hazardous waste has a total concentration of organic compounds listed in
appendix V of chapter 33.1-24-02 exceeding five hundred parts per million by
weight, as-fired, and so is considered to be burned for destruction. The
concentration of organic compounds in a waste as-generated may be reduced to
the five hundred parts per million limit by bona fide treatment that removes or
destroys organic constituents. Blending for dilution to meet the five hundred parts
per million limit is prohibited and documentation that the waste has not been
impermissibly diluted must be retained in the records required by paragraph 3 of
subdivision a; or
(2) The hazardous waste has a heating value of five thousand British thermal units per
pound or more, as-fired, and so is considered to be burned as fuel. The heating
value of a waste as-generated may be reduced to below the five thousand British
thermal units per pound limit by bona fide treatment that removes or destroys
organic constituents. Blending for dilution to meet the five thousand British thermal
units per pound limit is prohibited and documentation that the waste has not been
impermissibly diluted must be retained in the records required by paragraph 3 of
subdivision a.
c. To be exempt from sections 33.1-24-05-527 through 33.1-24-05-536, an owner or
operator of a lead or nickel-chromium or mercury recovery furnace (except for owners or
operators of lead recovery furnaces subject to regulation under the secondary lead
smelting national emission standards for hazardous air pollutants), or a metal recovery
furnace that burns baghouse bags used to capture metallic dusts emitted by steel

manufacturing, must provide a one-time written notice to the department identifying each
hazardous waste burned and specifying whether the owner or operator claims an
exemption for each waste under this subdivision or subdivision a. The owner or operator
must comply with the requirements of subdivision a for those wastes claimed to be
exempt under that subdivision and must comply with the requirements below for those
wastes claimed to be exempt under subdivision a and must comply with the requirements
below for those wastes claimed to be exempt under this subdivision.
(1) The hazardous wastes listed in appendices XXVI, XXVII, and XXVIII of chapter
33.1-24-05, and baghouse bags used to capture metallic dusts emitted by steel
manufacturing are exempt from the requirements of subdivision a, provided that:
(a) A waste listed in appendix XXVI must contain recoverable levels of lead, a
waste listed in appendix XXVII must contain recoverable levels of nickel or
chromium, a waste listed in appendix XXVIII must contain recoverable levels of
mercury and contain less than five hundred parts per million organic
constituents listed in appendix V of chapter 33.1-24-02 and baghouse bags
used to capture metallic dusts emitted by steel manufacturing must contain
recoverable levels of metal;
(b) The waste does not exhibit the toxicity characteristic of section 33.1-24-02-14
for an organic constituent;
(c) The waste is not a hazardous waste listed in sections 33.1-24-02-15 through
appendix IV of chapter 33.1-24-02; and
(d) The owner or operator certifies in the one-time notice that hazardous waste is
burned under the provisions of subdivision c and that sampling and analysis
will be conducted or other information will be obtained as necessary to ensure
continued compliance with these requirements. Sampling and analysis shall be
conducted according to paragraph 2 of subdivision a and records to document
compliance with subdivision c shall be kept for at least three years.
(2) The department may decide on a case-by-case basis that the toxic organic
constituents in a material listed in appendix XXVI, XXVII, or XXVIII of chapter
million toxic organic compounds listed in appendix V of chapter 33.1-24-02, may
pose a hazard to human health and the environment when burned in a metal
recovery furnace exempt from the requirements of sections 33.1-24-05-525 through
### § 33.1-24-05-549. In that situation, after adequate notice and opportunity for

comment, the metal recovery furnace will become subject to the requirements of
sections 33.1-24-05-525 through 33.1-24-05-549 when burning that material. In
making the hazard determination, the department will consider the following factors:
(a) The concentration and toxicity of organic constituents in the material;
(b) The level of destruction of toxic organic constituents provided by the furnace;
and
(c) Whether the acceptable ambient levels established in appendix XIX or XX of
chapter 33.1-24-05 may be exceeded for any toxic organic compound that may
be emitted based on dispersion modeling to predict the maximum annual
average offsite ground level concentration.

5. The standards for direct transfer operations under section 33.1-24-05-536 apply only to
facilities subject to the permit standards of section 33.1-24-05-527 or the interim status
standards of section 33.1-24-05-528.
6. The management standards for residues under section 33.1-24-05-537 apply to any boiler or
industrial furnace burning hazardous waste.
7. Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical
devices such as cupolas, sintering machines, roasters, and foundry furnaces) that process
hazardous waste for recovery of economically significant amounts of the precious metals gold,
silver, platinum, palladium, irridium, osmium, rhodium, or ruthenium, or any combination of
these are conditionally exempt from regulation under sections 33.1-24-05-525 through
33.1-24-05-549, except for section 33.1-24-05-537. To be exempt from sections
a. Provide a one-time written notice to the department indicating the following:
(1) The owner or operator claims exemption under this subsection;
(2) The hazardous waste is burned for legitimate recovery of precious metal; and
(3) The owner or operator will comply with the sampling and analysis and
recordkeeping requirements of this subsection;
b. Sample and analyze the hazardous waste as necessary to document that the waste
contains economically significant amounts of the metals and that the treatment recovers
economically significant amounts of precious metals; and
c. Maintain at the facility, for at least three years, records to document that all hazardous
wastes burned are burned for recovery of economically significant amounts of precious
metal.
8. Starting June 23, 1997, owners or operators of lead recovery furnaces that process hazardous
waste for recovery of lead and that are subject to regulation under the secondary lead
smelting national emission standards for hazardous air pollutants are conditionally exempt
from regulation under sections 33.1-24-05-525 through 33.1-24-05-549, except for section
### § 33.1-24-05-526. To be exempt, an owner or operator must provide a one-time notice to the

department identifying each hazardous waste burned and specifying that the owner or
operator claims an exemption under this subsection. The notice also must state that the waste
burned has a total concentration of nonmetal compounds listed in appendix V of chapter
paragraph 1 of subdivision b of subsection 4, or is listed in appendix XXVI of chapter
33.1-24-05.
History: Effective January 1, 2019; amended effective July 1, 2021.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-16; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-526. Management prior to burning.

1. Generators. Generators of hazardous waste that is burned in a boiler or industrial furnace are
subject to chapter 33.1-24-03.
2. Transporters. Transporters of hazardous waste that is burned in a boiler or industrial furnace
are subject to chapter 33.1-24-04.
3. Storage and treatment facilities.

a. Owners and operators of facilities that store or treat hazardous waste that is burned in a
boiler or industrial furnace are subject to the applicable provisions of sections
sections 33.1-24-05-550 through 33.1-24-05-559, sections 33.1-24-05-800 through
33.1-24-05-819, sections 33.1-24-05-950 through 33.1-24-05-1149, applicable
requirements of subsection 5 of section 33.1-24-06-16, and chapter 33.1-24-06, except
as provided by subdivision b. These standards apply to storage and treatment by the
burner as well as to storage and treatment facilities operated by intermediaries
(processors, blenders, distributors, etc.) between the generator and the burner.
b. Owners and operators of facilities that burn, in an onsite boiler or industrial furnace
exempt from regulation under the small quantity burner provisions of section
33.1-24-05-533, hazardous waste that they generate are exempt from regulation under
sections 33.1-24-05-01 through 33.1-24-05-190, sections 33.1-24-05-300 through
33.1-24-05-524, sections 33.1-24-05-550 through 33.1-24-05-559, sections
33.1-24-05-1149, applicable requirements of subsection 5 of section 33.1-24-06-16, and
chapter 33.1-24-06, applicable to storage units for those storage units that store mixtures
of hazardous waste and the primary fuel to the boiler or industrial furnace in tanks that
feed the fuel mixture directly to the burner. Storage of hazardous waste prior to mixing
with the primary fuel is subject to regulation as prescribed in subdivision a.
History: Effective January 1, 2019.
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
### § 33.1-24-05-527. Permit standards for burners.

1. Applicability.
a. General. Owners and operators of boilers and industrial furnaces burning hazardous
waste and not operating under interim status must comply with the requirements of this
section and subdivision ff of subsection 2 of section 33.1-24-06-17 and subsection 4 of
section 33.1-24-06-19, unless exempt under the small quantity burner exemption of
section 33.1-24-05-533.
b. Applicability of 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
burn hazardous waste are subject to the following provisions of 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, except as
provided otherwise by sections 33.1-24-05-525 through 33.1-24-05-549:
(1) Notwithstanding any other provisions of these regulations, enforcement actions may
be brought pursuant to section 23.1-04-14 of the North Dakota Century Code or
7003 of the Resource Conservation and Recovery Act;
(2) In sections 33.1-24-05-02 through 33.1-24-05-14, sections 33.1-24-05-02 through
33.1-24-05-09;
(3) In sections 33.1-24-05-15 through 33.1-24-05-25, sections 33.1-24-05-15 through
33.1-24-05-20;
(4) In sections 33.1-24-05-26 through 33.1-24-05-36, sections 33.1-24-05-26 through
33.1-24-05-31;

(5) In sections 33.1-24-05-37 through 33.1-24-05-46, the applicable provisions of
sections 33.1-24-05-38 through 33.1-24-05-44;
(6) In sections 33.1-24-05-47 through 33.1-24-05-58, sections 33.1-24-05-47 and
33.1-24-05-58;
(7) In sections 33.1-24-05-59 through 33.1-24-05-73, sections 33.1-24-05-60 through
33.1-24-05-64;
(8) In sections 33.1-24-05-74 through 33.1-24-05-88, 33.1-24-05-75, 33.1-24-05-76,
33.1-24-05-77, and 33.1-24-05-79 through 33.1-24-05-81, except that the state and
federal governments are exempt from the requirements of sections 33.1-24-05-74
through 33.1-24-05-88; and
(9) Sections 33.1-24-05-420 through 33.1-24-05-449, except subsection 1 of section
33.1-24-05-420.
2. Hazardous waste analysis.
a. The owner or operator must provide an analysis of the hazardous waste that quantifies
the concentration of any constituent identified in appendix V of chapter 33.1-24-02 that
may reasonably be expected to be in the waste. Such constituents must be identified and
quantified if present, at levels detectable by using appropriate analytical procedures. The
appendix V of chapter 33.1-24-02 constituents excluded from this analysis must be
identified and the basis for their exclusion explained. This analysis will be used to provide
all information required by sections 33.1-24-05-525 through 33.1-24-05-549 and
subdivision ff of subsection 2 of section 33.1-24-06-17 and subsection 4 of section
necessary to protect human health and the environment. Such analysis must be included
as a portion of the part B permit application, or, for facilities operating under the interim
status standards of sections 33.1-24-05-525 through 33.1-24-05-549, as a portion of the
trial burn plan that may be submitted before the part B application under provisions of
subdivision g of subsection 4 of section 33.1-24-06-19 as well as any other analysis
required by the department in preparing the permit. Owners and operators of boilers and
industrial furnaces not operating under the interim status standards must provide the
information required by subdivision ff of subsection 2 of section 33.1-24-06-17 or
subdivision c of subsection 4 of section 33.1-24-06-19 in the part B application to the
greatest extent possible.
b. Throughout normal operation, the owner or operator must conduct sampling and analysis
as necessary to ensure that the hazardous waste, other fuels, and industrial furnace
feedstocks fired into the boiler or industrial furnace are within the physical and chemical
composition limits specified in the permit.
3. Emissions standards. Owners and operators must comply with emissions standards
provided by sections 33.1-24-05-529 through 33.1-24-05-532.
4. Permits.
a. The owner or operator may burn only hazardous wastes specified in the facility permit
and only under the operating conditions specified under subsection 5, except in approved
trial burns under the conditions specified in subsection 4 of section 33.1-24-06-19.
b. Hazardous wastes not specified in the permit may not be burned until operating
conditions have been specified under a new permit or permit modification, as applicable.
Operating requirements for new wastes may be based on either trial burn results or

alternative data included with part B of a permit application under subdivision ff of
subsection 2 of section 33.1-24-06-17.
c. Boilers and industrial furnaces operating under the interim status standards of section
subsection 4 of section 33.1-24-06-19.
d. A permit for a new boiler or industrial furnace (those boilers and industrial furnaces not
operating under the interim status standards) must establish appropriate conditions for
each of the applicable requirements of this section, including allowable hazardous waste
firing rates and operating conditions necessary to meet the requirements of subsection 5,
in order to comply with the following standards:
(1) For the period beginning with initial introduction of hazardous waste and ending with
initiation of the trial burn, and only for the minimum time required to bring the device
to a point of operational readiness to conduct a trial burn, not to exceed a duration
of seven hundred twenty hours operating time when burning hazardous waste, the
operating requirements must be those most likely to ensure compliance with the
emission standards of section 33.1-24-05-529 through 33.1-24-05-532, based on
the department's engineering judgment. If the applicant is seeking a waiver from a
trial burn to demonstrate conformance with a particular emission standard, the
operating requirements during this initial period of operation shall include those
specified by the applicable provisions of section 33.1-24-05-529, 33.1-24-05-530,
33.1-24-05-531, or 33.1-24-05-532. The department may extend the duration of this
period for up to seven hundred twenty additional hours when good cause for the
extension is demonstrated by the applicant.
(2) For the duration of the trial burn, the operating requirements must be sufficient to
demonstrate compliance with the emissions standards of sections 33.1-24-05-529
through 33.1-24-05-532 and must be in accordance with the approved trial burn
plan.
(3) For the period immediately following completion of the trial burn, and only for the
minimum period sufficient to allow sample analysis, data computation, submission
of the trial burn results by the applicant, review of the trial burn results and
modification of the facility permit by the department to reflect the trial burn results,
the operating requirements must be those likely to ensure compliance with the
emission standards sections 33.1-24-05-529 through 33.1-24-05-532 based on the
department's engineering judgment.
(4) For the remaining duration of the permit, the operating requirements must be those
demonstrated in a trial burn or by alternative data specified in subdivision ff of
subsection 2 of section 33.1-24-06-17, as sufficient to ensure compliance with the
emissions standards of sections 33.1-24-05-529 through 33.1-24-05-532.
5. Operating requirements.
a. General. A boiler or industrial furnace burning hazardous waste must be operated in
accordance with the operating requirements specified in the permit at all times where
there is hazardous waste in the unit.
b. Requirements to ensure compliance with the organic emissions standards:
(1) Destruction and removal efficiency standard. Operating conditions will be specified
either on a case-by-case basis for each hazardous waste burned as those
demonstrated (in a trial burn or by alternative data as specified in subdivision ff of

subsection 2 of section 33.1-24-06-17) to be sufficient to comply with the destruction
and removal efficiency performance standard of subsection 1 of section
subdivision d of subsection 1 of section 33.1-24-05-529 for the waiver of the
destruction and removal efficiency trial burn. When the destruction and removal
efficiency trial burn is not waived under subdivision d of subsection 1 of section
33.1-24-05-529, each set of operating requirements will specify the composition of
the hazardous waste (including acceptable variations in the physical and chemical
properties of the hazardous waste which will not affect compliance with the
destruction and removal efficiency performance standard) to which the operating
requirements apply. For each such hazardous waste, the permit will specify
acceptable operating limits including the following conditions as appropriate:
(a) Feed rate of hazardous waste and other fuels measured and specified as
prescribed in subdivision f;
(b) Minimum and maximum device production rate when producing normal
product expressed in appropriate units, measured and specified as prescribed
in subdivision f;
(c) Appropriate controls of the hazardous waste firing system;
(d) Allowable variation in boiler or industrial furnace system design or operating
procedures;
(e) Minimum combustion gas temperature measured at a location indicative of
combustion chamber temperature, measured and specified as prescribed in
subdivision f;
(f) An appropriate indicator of combustion gas velocity, measured and specified
as prescribed in subdivision f, unless documentation is provided under
subsection 4 of section 33.1-24-06-19 demonstrating adequate combustion
gas residence time; and
(g) Such other operating requirements as are necessary to ensure that the
destruction and removal efficiency performance standards of subsection 1 of
section 33.1-24-05-529 are met.
(2) Carbon monoxide and hydrocarbon standards. The permit must incorporate a
carbon monoxide limit and, as appropriate, a hydrocarbon limit as provided by
subsections 2 through 6 of section 33.1-24-05-529. The permit limits will be
specified as follows:
(a) When complying with the carbon monoxide standard of subdivision a of
subsection 2 of section 33.1-24-05-529, the permit limit is one hundred parts
per million by volume.
(b) When complying with the alternative carbon monoxide standard under
subsection 3 of section 33.1-24-05-529, the permit limit for carbon monoxide is
based on the trial burn and is established as the average overall valid runs of
the highest hourly rolling average carbon monoxide level of each run, and the
permit limit for hydrocarbon is twenty parts per million by volume (as defined in
subdivision a of subsection 3 of section 33.1-24-05-529), except as provided in
subsection 6 of section 33.1-24-05-529.
(c) When complying with the alternative hydrocarbon limit for industrial furnaces
under subsection 6 of section 33.1-24-05-529, the permit limit for hydrocarbon

and carbon monoxide is the baseline level when hazardous waste is not
burned as specified by that subsection.
(3) Startup and shutdown. During startup and shutdown of the boiler or industrial
furnace, hazardous waste (except waste fed solely as an ingredient under the tier I
(or adjusted tier I) feed rate screening limits for metals and chloride/chlorine, and
except low risk waste exempt from the trial burn requirements under subdivision e of
subsection 1 of section 33.1-24-05-529, sections 33.1-24-05-530, 33.1-24-05-531,
and 33.1-24-05-532) must not be fed into the device unless the device is operating
within the conditions of operation specified in the permit.
c. Requirements to ensure conformance with the particulate standard.
(1) Except as provided in paragraphs 2 and 3, the permit shall specify the following
operating requirements to ensure conformance with the particulate standard
specified in section 33.1-24-05-530:
(a) Total ash feed rate to the device from hazardous waste, other fuels, and
industrial furnace feedstocks, measured and specified as prescribed in
subdivision f;
(b) Maximum device production rate when producing normal product expressed in
appropriate units, and measured and specified as prescribed in subdivision f;
(c) Appropriate controls on operation and maintenance of the hazardous waste
firing system and any air pollution control system;
(d) Allowable variation in boiler or industrial furnace system design, including any
air pollution control system or operating procedures; and
(e) Such other operating requirements as are necessary to ensure that the
particulate standard in subsection 1 of section 33.1-24-05-530 is met.
(2) Permit conditions to ensure conformance with the particulate matter standard shall
not be provided for facilities exempt from the particulate matter standard under
subsection 2 of section 33.1-24-05-530.
(3) For cement kilns and lightweight aggregate kilns, permit conditions to ensure
compliance with the particulate standard shall not limit the ash content of hazardous
waste or other feed materials.
d. Requirements to ensure conformance with the metals emissions standard.
(1) For conformance with the tier I (or adjusted tier I) metals feed rate screening limits
of subsection 2 or 5 of section 33.1-24-05-531, the permit shall specify the following
operating requirements:
(a) Total feed rate of each metal in hazardous waste, other fuels, and industrial
furnace feedstocks measured and specified under provisions of subdivision f;
(b) Total feed rate of hazardous waste measured and specified as prescribed in
subdivision f; and
(c) A sampling and metals analysis program for the hazardous waste, other fuels,
and industrial furnace feedstocks;
(2) For conformance with the tier II metals emission rate screening limits under
subsection 3 of section 33.1-24-05-531 and the tier III metals controls under

subsection 4 of section 33.1-24-05-531, the permit shall specify the following
operating requirements:
(a) Maximum emission rate for each metal specified as the average emission rate
during the trial burn;
(b) Feed rate of total hazardous waste and pumpable hazardous waste, each
measured and specified as prescribed in paragraph 1 of subdivision f; and
(c) Feed rate of each metal in the following feedstreams, measured and specified
as prescribed in subdivision f:
[1] Total feedstreams;
[2] Total hazardous waste feed;
[3] Total pumpable hazardous waste feed;
[4] Total feed rate of chlorine and chloride in total feedstreams measured and
specified as prescribed in subdivision f;
[5] Maximum combustion gas temperature measured at a location indicative
of combustion chamber temperature, and measured and specified as
prescribed in subdivision f;
[6] Maximum flue gas temperature at the inlet to the particulate matter air
pollution control system measured and specified as prescribed in
subdivision f;
[7] Maximum device production rate when producing normal product
expressed in appropriate units and measured and specified as prescribed
in subdivision f;
[8] Appropriate controls on operation and maintenance of the hazardous
waste firing system and any air pollution control system;
[9] Allowable variation in boiler or industrial furnace system design including
any air pollution control system or operating procedures; and
[10] Such other operating requirements as are necessary to ensure that the
metal standards under subsection 3 of section 33.1-24-05-531 or
subsection 4 of section 33.1-24-05-531 are met; and
(3) For conformance with an alternative implementation approach approved by the
department under subsection 6 of section 33.1-24-05-531, the permit will specify the
following operating requirements:
(a) Maximum emission rate for each metal specified as the average emission rate
during the trial burn;
(b) Feed rate of total hazardous waste and pumpable hazardous waste, each
measured and specified as prescribed in paragraph 1 of subdivision f;
(c) Feed rate of each metal in the following feedstreams, measured and specified
as prescribed in subdivision f:
[1] Total hazardous waste feed; and

[2] Total pumpable hazardous waste feed;
(d) Total feed rate of chlorine and chloride in total feedstreams measured and
specified prescribed in subdivision f;
(e) Maximum combustion gas temperature measured at a location indicative of
combustion chamber temperature, and measured and specified as prescribed
in subdivision f;
(f) Maximum flue gas temperature at the inlet to the particulate matter air pollution
control system measured and specified as prescribed in subdivision f;
(g) Maximum device production rate when producing normal product expressed in
appropriate units and measured and specified as prescribed in subdivision f;
(h) Appropriate controls on operation and maintenance of the hazardous waste
firing system and any air pollution control system;
(i) Allowable variation in boiler or industrial furnace system design including any
air pollution control system or operating procedures; and
(j) Such other operating requirements as are necessary to ensure that the metals
standards under subsection 3 of section 33.1-24-05-531 or subsection 4 of
section 33.1-24-05-531 are met.
e. Requirements to ensure conformance with the hydrogen chloride and chlorine gas
standards.
(1) For conformance with the tier I total chloride and chlorine feed rate screening limits
of subdivision a of subsection 2 of section 33.1-24-05-532, the permit will specify
the following operating requirements:
(a) Feed rate of total chloride and chlorine in hazardous waste, other fuels, and
industrial furnace feedstocks measured and specified as prescribed in
subdivision f;
(b) Feed rate of total hazardous waste measured and specified as prescribed in
subdivision f; and
(c) A sampling and analysis program for total chloride and chlorine for the
hazardous waste, other fuels, and industrial furnace feedstocks; and
(2) For conformance with the tier II hydrogen chloride and for chlorine emission rate
screening limits under subdivision b of subsection 2 of section 33.1-24-05-532 and
the tier III hydrogen chloride and chlorine controls under subsection 3 of section
33.1-24-05-532, the permit will specify the following operating requirements:
(a) Maximum emission rate for hydrogen chloride and for chlorine specified as the
average emission rate during the trial burn;
(b) Feed rate of total hazardous waste measured and specified as prescribed in
subdivision f;
(c) Total feed rate of chlorine and chloride in total feedstreams, measured and
specified as prescribed in subdivision f;
(d) Maximum device production rate when producing normal product expressed in
appropriate units, measured and specified as prescribed in subdivision f;

(e) Appropriate controls on operation and maintenance of the hazardous waste
firing system and any air pollution control system;
(f) Allowable variation in boiler or industrial furnace system design including any
air pollution control system or operating procedures; and
(g) Such other operating requirements as are necessary to ensure that the
hydrogen chloride and chlorine standards under subdivision b of subsection 2
or subsection 3 of section 33.1-24-05-532 are met.
f. Measuring parameters and establishing limits based on trial burn data.
(1) General requirements. As specified in subdivisions b through e, each operating
parameter shall be measured, and permit limits on the parameter shall be
established, according to either of the following procedures:
(a) Instantaneous limits. A parameter may be measured and recorded on an
instantaneous basis (for example, the value that occurs at any time) and the
permit limit specified as the time-weighted average during all valid runs of the
trial burn; or
(b) Hourly rolling average.
[1] The limit for a parameter may be established and continuously monitored
on an hourly rolling average basis defined as follows:
[a] A continuous monitor is one which continuously samples the
regulated parameter without interruption, and evaluates the detector
response at least once each fifteen seconds, and computes and
records the average value at least every sixty seconds.
[b] An hourly rolling average is the arithmetic mean of the sixty most
recent one-minute average values recorded by the continuous
monitoring system.
[2] The permit limit for the parameter shall be established based on trial burn
data as the average overall valid test runs of the highest hourly rolling
average value for each run.
(2) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the
carcinogenic metals (for example, arsenic, beryllium, cadmium, and chromium) and
lead may be established either on an hourly rolling average basis as prescribed by
paragraph 1 or on (up to) a twenty-four hour rolling average basis. If the owner or
operator elects to use an average period from two to twenty-four hours:
(a) The feed rate of each metal shall be limited at any time to ten times the feed
rate that would be allowed on an hourly rolling average basis;
(b) The continuous monitor shall meet the following specifications:
[1] A continuous monitor is one which continuously samples the regulated
parameter without interruption, and evaluates the detector response at
least once each fifteen seconds, and computes and records the average
value at least every sixty seconds;
[2] The rolling average for the selected averaging period is defined as the
arithmetic mean of one-hour block averages for the averaging period. A

one-hour block average is the arithmetic mean of the one-minute
averages recorded during the sixty-minute averages recorded during the
sixty-minute period beginning at one minute after the beginning of the
preceding clock hour; and
(c) The permit limit for the feed rate of each metal shall be established based on
trial burn data as the average overall valid test runs of the highest hourly rolling
average feed rate for each run.
(3) Feed rate limits for metals, total chloride and chlorine, and ash. Feed rate limits for
metals, total chlorine and chloride, and ash are established and monitored by
knowing the concentration of the substance (for example, metals, chloride and
chlorine, and ash) in each feedstream and the flow rate of the feedstream. To
monitor the feed rate of these substances, the flow rate of each feedstream must be
monitored under the continuous monitoring requirements of paragraphs 1 and 2.
(4) Conduct of trial burn testing.
(a) If compliance with all applicable emissions standards of sections
during a set of test runs, the operating conditions of additional test runs
required to demonstrate compliance with remaining emissions standards must
be as close as possible to the original operating conditions.
(b) Prior to obtaining test data for purposes of demonstrating compliance with the
emissions standards of sections 33.1-24-05-529 through 33.1-24-05-532 or
establishing limits on operating parameters under this section, the facility must
operate under trial burn conditions for a sufficient period to reach steady-state
operations. The department may determine, however, that industrial furnaces
that recycle collected particulate matter back into the furnace and that comply
with an alternative implementation approach for metals under subsection 6 of
section 33.1-24-05-531 need not reach steady-state conditions with respect to
the flow of metals in the system prior to beginning compliance testing for
metals emissions.
(c) Trial burn data on the level of an operating parameter for which a limit must be
established in the permit must be obtained during emission sampling for the
pollutant(s) (for example, metals, particulate matter, hydrogen chloride, and
chlorine organic compounds) for which the parameter must be established as
specified by this subsection.
g. General requirements.
(1) Fugitive emissions. Fugitive emissions must be controlled by:
(a) Keeping the combustion zone totally sealed against fugitive emissions;
(b) Maintaining the combustion zone pressure lower than atmospheric pressure;
or
(c) An alternate means of control demonstrated (with part B of the permit
application) to provide fugitive emissions control equivalent to maintenance of
combustion zone pressure lower than atmospheric pressure.
(2) Automatic waste feed cutoff. A boiler or industrial furnace must be operated with a
functioning system that automatically cuts off the hazardous waste feed when
operating conditions deviate from those established under this section. The

department may limit the number of cutoffs per an operating period on a
case-by-case basis. In addition:
(a) The permit limit for (the indicator of) minimum combustion chamber
temperature must be maintained while hazardous waste or hazardous waste
residues remain in the combustion chamber;
(b) Exhaust gases must be ducted to the air pollution control system operated in
accordance with the permit requirements while hazardous waste or hazardous
waste residues remain in the combustion chamber; and
(c) Operating parameters for which permit limits are established must continue to
be monitored during the cutoff, and the hazardous waste feed shall not be
restarted until the levels of those parameters comply with the permit limits. For
parameters that may be monitored on an instantaneous basis, the department
will establish a minimum period of time after a waste feed cutoff during which
the parameter must not exceed the permit limit before the hazardous waste
feed may be restarted.
(3) Changes. A boiler or industrial furnace must cease burning hazardous waste when
changes in combustion properties, or feed rates of the hazardous waste, other fuels
or industrial furnace feedstocks, or changes in the boiler or industrial furnace design
or operating conditions deviate from the limits as specified in the permit.
h. Monitoring and inspections.
(1) The owner or operator must monitor and record the following, at a minimum, while
burning hazardous waste:
(a) If specified by the permit, feed rates and composition of hazardous waste,
other fuels, and industrial furnace feedstocks, and feed rates of ash, metals,
and total chloride and chlorine;
(b) If specified by the permit, carbon monoxide, hydrocarbons, and oxygen on a
continuous basis at a common point in the boiler or industrial furnace
downstream of the combustion zone and prior to release of stack gases to the
atmosphere in accordance with operating requirements specified in
paragraph 2 of subdivision b. Carbon monoxide, hydrocarbon, and oxygen
monitors must be installed, operated, and maintained in accordance with
methods specified in appendix XXIV of chapter 33.1-24-05; and
(c) Upon the request of the department, sampling and analysis of the hazardous
waste (and other fuels and industrial furnace feedstocks as appropriate),
residues, and exhaust emissions must be conducted to verify that the
operating requirements established in the permit achieve the applicable
standards of sections 33.1-24-05-529, 33.1-24-05-530, 33.1-24-05-531, and
33.1-24-05-532.
(2) All monitors shall record data in units corresponding to the permit limit unless
otherwise specified in the permit.
(3) The boiler or industrial furnace and associated equipment (pumps, valves, pipes,
fuel storage tanks, etc.) must be subjected to thorough visual inspection when it
contains hazardous waste, at least daily for leaks, spills, fugitive emissions, and
signs of tampering.

(4) The automatic hazardous waste feed cutoff system and associated alarms must be
tested at least once every seven days when hazardous waste is burned to verify
operability, unless the applicant demonstrates to the department that weekly
inspections will unduly restrict or upset operations and that less frequent inspections
will be adequate. At a minimum, operational testing must be conducted at least once
every thirty days.
(5) These monitoring and inspection data must be recorded and the records must be
placed in the operating record required by section 33.1-24-05-40.
i. Direct transfer to the burner. If hazardous waste is directly transferred from a transport
vehicle to a boiler or industrial furnace without the use of a storage unit, the owner and
operator must comply with section 33.1-24-05-536.
j. Recordkeeping. The owner or operator must maintain in the operating record of the
facility all information and data required by this section for five years.
k. Closure. At closure, the owner or operator must remove all hazardous waste and
hazardous waste residues (including ash, scrubber waters, and scrubber sludges) from
the boiler or industrial furnace.
History: Effective January 1, 2019.
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
### § 33.1-24-05-528. Interim status standards for burners.

1. Purpose, scope, applicability.
a. General.
(1) The purpose of this section is to establish minimum national standards for owners
and operators of "existing" boilers and industrial furnaces that burn hazardous
waste where such standards define the acceptable management of hazardous
waste during the period of interim status. The standards of this section apply to
owners and operators of existing facilities until either a permit is issued under
subsection 4 of section 33.1-24-05-527 or until closure responsibilities identified in
this section are fulfilled.
(2) Existing or in existence means a boiler or industrial furnace that on or before
August 1, 1991, is either in operation burning or processing hazardous waste or for
which construction (including the ancillary facilities to burn or to process the
hazardous waste) has commenced. A facility has commenced construction if the
owner or operator has obtained the federal, state, and local approvals or permits
necessary to begin physical construction; and either:
(a) A continuous onsite, physical construction program has begun; or
(b) The owner or operator has entered into contractual obligations, which cannot
be canceled or modified without substantial loss, for physical construction of
the facility to be completed within a reasonable time.
(3) If a boiler or industrial furnace is located at a facility that already has a permit or
interim status, then the facility must comply with the applicable regulations dealing
with permit modifications in section 33.1-24-06-14 or changes in interim status in
subsection 5 of section 33.1-24-06-16.

b. Exemptions. The requirements of this section do not apply to hazardous waste and
facilities exempt under subsection 2 of section 33.1-24-05-525, or section
33.1-24-05-533.
c. Prohibition on burning dioxin-listed wastes. The following hazardous waste listed for
dioxin and hazardous waste derived from any of these wastes may not be burned in a
boiler or industrial furnace operating under interim status: F020, F021, F022, F023, F026,
and F027.
d. Applicability of interim status standards. Owners and operators of boilers and industrial
furnaces that burn hazardous waste and are operating under interim status are subject to
the following provisions:
(1) Notwithstanding any other provisions of these regulations, enforcement actions may
be brought pursuant to section 23.1-04-14 of the North Dakota Century Code or
7003 of the Resource Conservation and Recovery Act;
(2) General facility standards, sections 33.1-24-05-02 through 33.1-24-05-08;
(3) Preparedness and prevention, sections 33.1-24-05-15 through 33.1-24-05-20;
(4) Contingency plan and emergency procedures, sections 33.1-24-05-26 through
33.1-24-05-31;
(5) Manifest system, recordkeeping and reporting, sections 33.1-24-05-38 through
33.1-24-05-44, except that sections 33.1-24-05-38, 33.1-24-05-39, and
receive any hazardous waste from offsite sources;
(6) Closure and postclosure, sections 33.1-24-05-60 through 33.1-24-05-64;
(7) Financial requirements, sections 33.1-24-05-75 through 33.1-24-05-77 and sections
government are exempt from the financial requirements; and
(8) Air emission standards for equipment leaks, sections 33.1-24-05-420 through
33.1-24-05-449, except subsection 1 of section 33.1-24-05-420.
e. Special requirements for furnaces. The following controls apply during interim status to
industrial furnaces (for example, kilns, cupolas) that feed hazardous waste for a purpose
other than solely as an ingredient (see paragraph 2) at any location other than the hot
end where products are normally discharged or where fuels are normally fired:
(1) Controls.
(a) The hazardous waste shall be fed at a location where combustion gas
temperatures are at least one thousand eight hundred degrees Fahrenheit
[982.2 degrees Celsius];
(b) The owner or operator must determine that adequate oxygen is present in
combustion gases to combust organic constituents in the waste and retain
documentation of such determination in the facility record;
(c) For cement kiln systems, the hazardous waste shall be fed into the kiln; and
(d) The hydrocarbon controls of subsection 3 of section 33.1-24-05-529 or
subdivision e of subsection 3 apply upon certification of compliance under

subsection 3 irrespective of the carbon monoxide level achieved during the
compliance test.
(2) Burning hazardous waste solely as an ingredient. A hazardous waste is burned for a
purpose other than solely as an ingredient if it meets either of these criteria:
(a) The hazardous waste has a total concentration of nonmetal compounds listed
in appendix V of chapter 33.1-24-02 exceeding five hundred parts per million
by weight, as-fired, and so is considered to be burned for destruction. The
concentration of nonmetal compounds in a waste as-generated may be
reduced to the five hundred parts per million limit by bona fide treatment that
removes or destroys nonmetal constituents. Blending for dilution to meet the
five hundred parts per million limit is prohibited and documentation that the
waste has not been impermissibly diluted must be retained in the facility
record; or
(b) The hazardous waste has a heating value of five thousand British thermal units
per pound or more, as-fired, and so is considered to be burned as fuel. The
heating value of a waste as-generated may be reduced to below the five
thousand British thermal units per pound limit by bona fide treatment that
removes or destroys organic constituents. Blending to augment the heating
value to meet the five thousand British thermal units per pound limit is
prohibited and documentation that the waste has not been impermissibly
blended must be retained in the facility record.
f. Restrictions on burning hazardous waste that is not a fuel. Prior to certification of
compliance under subsection 3, owners and operators shall not feed hazardous waste
that has a heating value less than five thousand British thermal units per pound
as-generated (except that the heating value of a waste as-generated may be increased
to above the five thousand British thermal units per pound limit by bona fide treatment;
however, blending to augment the heating value to meet the five thousand British thermal
units per pound limit is prohibited and records must be kept to document that
impermissible blending has not occurred) in a boiler or industrial furnace, except that:
(1) Hazardous waste may be burned solely as an ingredient;
(2) Hazardous waste may be burned for purposes of compliance testing (or testing prior
to compliance testing) for a total period of time not to exceed seven hundred twenty
hours;
(3) Such waste may be burned if the department has documentation to show that, prior
to August 21, 1991:
(a) The boiler or industrial furnace is operating under the interim status standards
for incinerators or thermal treatment units provided by subsection 5 of section
33.1-24-06-16;
(b) The boiler or industrial furnace met the interim status eligibility requirements
under subsection 5 of section 33.1-24-06-16; and
(c) Hazardous waste with a heating value less than five thousand British thermal
units per pound was burned prior to that date; or
(4) Such waste may be burned in a halogen acid furnace if the waste was burned as an
excluded ingredient under subsection 5 of section 33.1-24-02-02 prior to
February 21, 1991, and documentation is kept on file supporting this claim.

g. Direct transfer to the burner. If hazardous waste is directly transferred from a transport
vehicle to a boiler or industrial furnace without the use of a storage unit, the owner and
operator must comply with section 33.1-24-05-536.
2. Certification of precompliance.
a. General. The owner or operator must provide complete and accurate information
specified in subdivision b to the department on or before August 21, 1991, and must
establish limits for the operating parameters specified in subdivision c. Such information
is termed a "certification of precompliance" and constitutes a certification that the owner
or operator has determined that, when the facility is operated within the limits specified in
subdivision c, the owner or operator believes that, using best engineering judgment,
emissions of particulate matter, metals, and hydrogen chloride and chlorine are not likely
to exceed the limits provided by sections 33.1-24-05-530, 33.1-24-05-531, and
### § 33.1-24-05-532. The facility may burn hazardous waste only under the operating

conditions that the owner or operator establishes under subdivision c until the owner or
operator submits a revised certification of precompliance under subdivision h or a
certification of compliance under subsection 3, or until a permit is issued.
b. Information required. The following information must be submitted with the certification of
precompliance to support the determination that the limits established for the operating
parameters identified in subdivision c are not likely to result in an exceedance of the
allowable emission rates for particulate matter, metals, and hydrogen chloride and
chlorine:
(1) General facility information:
(a) Identification number;
(b) Facility name, contact person, telephone number, and address;
(c) Description of boilers and industrial furnaces burning hazardous waste,
including type and capacity of device;
(d) A scaled plot plan showing the entire facility and location of the boilers and
industrial furnaces burning hazardous waste; and
(e) A description of the air pollution control system on each device burning
hazardous waste, including the temperature of the flue gas at the inlet to the
particulate matter control system.
(2) Except for facilities complying with the tier I or adjusted tier I feed rate screening
limits for metals or total chlorine and chloride provided by subsection 2 or 5 of
section 33.1-24-05-531 and subdivision a of subsection 2 or subsection 5 of section
pollution control system) emissions of particulate matter, each metal controlled by
section 33.1-24-05-531, and hydrogen chloride and chlorine, and the following
information to support such determinations:
(a) The feed rate (pound per hour) of ash, chlorine, antimony, arsenic, barium,
beryllium, cadmium, chromium, lead, mercury, silver, and thallium in each
feedstream (hazardous waste, other fuels, industrial furnace feedstocks).
(b) The estimated partitioning factor to the combustion gas for the materials
identified in subparagraph a and the basis for the estimate and an estimate of
the partitioning to hydrogen chloride and chlorine of total chloride and chlorine
in feed materials. To estimate the partitioning factor, the owner or operator

must use either best engineering judgment or the procedures specified in
appendix XXIV of chapter 33.1-24-05.
(c) For industrial furnaces that recycle collected particulate matter back into the
furnace and that will certify compliance with the metals emissions standards
under subparagraph a of paragraph 2 of subdivision c of subsection 3, the
estimated enrichment factor for each metal. To estimate the enrichment factor,
the owner or operator must use either best engineering judgment or the
procedures specified in "Alternative Methodology for Implementing Metals
Controls" in appendix XXIV of chapter 33.1-24-05.
(d) If best engineering judgment is used to estimate partitioning factors or
enrichment factors under subparagraph b or c respectively, the basis for the
judgment. When best engineering judgment is used to develop or evaluate
data or information and make determinations under this section, the
determinations must be made by a qualified, registered professional engineer
and a certification of his or her determinations in accordance with subsection 4
of section 33.1-24-06-03 must be provided in the certification of
precompliance.
(3) For facilities complying with the tier I or adjusted tier I feed rate screening limits for
metals or total chlorine and chloride provided by subsection 2 or 5 of section
33.1-24-05-532, the feed rate (pound per hour) of total chloride and chlorine,
antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and
thallium in each feedstream (hazardous waste, other fuels, industrial furnace
feedstocks).
(4) For facilities complying with the tier II or tier III emission limits for metals or
hydrogen chloride and chlorine (under subsection 3 or 4 of section 33.1-24-05-531
or subdivision b of subsection 2 or subsection 3 of section 33.1-24-05-532), the
estimated controlled (outlet of the air pollution control system) emissions rates of
particulate matter, each metal controlled by section 33.1-24-05-531, and hydrogen
chloride and chlorine, and the following information to support such determinations:
(a) The estimated air pollution control system removal efficiency for particulate
matter, hydrogen chloride and chlorine, antimony, arsenic, barium, beryllium,
cadmium, chromium, lead, mercury, silver, and thallium.
(b) To estimate air pollution control system removal efficiency, the owner or
operator must use either best engineering judgment or the procedures
prescribed in appendix XXIV of chapter 33.1-24-05.
(c) If best engineering judgment is used to estimate air pollution control system
removal efficiency, the basis for the judgment. Use of best engineering
judgment must be in conformance with provisions of subparagraph d of
paragraph 2.
(5) Determination of allowable emissions rates for hydrogen chloride, chlorine,
antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and
thallium, and the following information to support such determinations:
(a) For all facilities:
[1] Physical stack height;
[2] Good engineering practice stack height as defined by 40 CFR 51.100(ii);

[3] Maximum flue gas flow rate;
[4] Maximum flue gas temperature;
[5] Attach a United States geological service topographic map (or equivalent)
showing the facility location and surrounding land within five kilometers of
the facility;
[6] Identify terrain type: complex or noncomplex; and
[7] Identify land use: urban or rural.
(b) For owners and operators using tier III site-specific dispersion modeling to
determine allowable levels under subsection 4 of section 33.1-24-05-531 or
subsection 3 of section 33.1-24-05-532, or adjusted tier I feed rate screening
limits under subsection 5 of section 33.1-24-05-531 or subsection 5 of section
33.1-24-05-532:
[1] Dispersion model and version used;
[2] Source of meteorological data;
[3] The dilution factor in micrograms per cubic meter per gram per second of
emissions for the maximum annual average offsite (unless onsite is
required) ground level concentration (maximum exposed individual
location); and
[4] Indicate the maximum exposed individual location on the map required
under item 5 of subparagraph a;
(6) For facilities complying with the tier II or tier III emissions rate controls for metals or
hydrogen chloride and chlorine, a comparison of the estimated controlled emissions
rates determined under paragraph 4 with the allowable emission rates determined
under paragraph 5;
(7) For facilities complying with the tier I (or adjusted tier I) feed rate screening limits for
metals or total chloride and chlorine, a comparison of actual feed rates of each
metal and total chlorine and chloride determined under paragraph 3 to the tier I
allowable feed rates;
(8) For industrial furnaces that feed hazardous waste for any purpose other than solely
as an ingredient (as defined by paragraph 2 of subdivision e of subsection 1) at any
location other than the product discharge end of the device, documentation of
compliance with the requirements of subparagraph a, b, or c of paragraph 1 of
subdivision e of subsection 1; and
(9) For industrial furnaces that recycle collected particulate matter back into the furnace
and that will certify compliance with the metals emissions standards under
subparagraph a of paragraph 2 of subdivision c of subsection 3:
(a) The applicable particulate matter standard in pound per hour; and
(b) The precompliance limit on the concentration of each metal in collected
particulate matter.
c. Limits on operating conditions. The owner and operator shall establish limits on the
following parameters consistent with the determinations made under paragraph 2 of
subdivision b and certify (under provisions of subdivision i) to the department that the

facility will operate within the limits during interim status when there is hazardous waste
in the unit until revised certification of precompliance under subdivision h or certification
of compliance under subsection 3:
(1) Feed rate of total hazardous waste and (unless complying with the tier I or adjusted
tier I metals feed rate screening limits under subsection 2 or 5 of section
33.1-24-05-531) pumpable hazardous waste;
(2) Feed rate of each metal in the following feedstreams:
(a) Total feedstreams, except that industrial furnaces that comply with the
alternative metals implementation approach under subdivision d must specify
limits on the concentration of each metal in collected particulate matter in lieu
of feed rate limits for total feedstreams;
(b) Total hazardous waste feed, unless complying with the tier I or adjusted tier I
metals feed rate screening limits under subsection 2 or 5 of section
33.1-24-05-531; and
(c) Total pumpable hazardous waste feed, unless complying with the tier I or
adjusted tier I metals feed rate screening limits under subsection 2 or 5 of
section 33.1-24-05-531;
(3) Total feed rate of chlorine and chloride in total feedstreams;
(4) Total feed rate of ash in total feedstreams, except that the ash feed rate for cement
kilns and lightweight aggregate kilns is not limited; and
(5) Maximum production rate of the device in appropriate units when producing normal
product, unless complying with the tier I or adjusted tier I feed rate screening limits
for chlorine under subdivision a of subsection 2 or subsection 5 of section
33.1-24-05-531, and the uncontrolled particulate emissions do not exceed the
standard under section 33.1-24-05-530.
d. Operating requirements for furnaces that recycle particulate matter. Owners and
operators of furnaces that recycle collected particulate matter back into the furnace and
that will certify compliance with the metals emissions controls under subparagraph a of
paragraph 2 of subdivision c of subsection 3 must comply with the special operating
requirements provided in "Alternative Methodology for Implementing Metals Controls" in
appendix XXIV of chapter 33.1-24-05.
e. Measurement of feed rates and production rate.
(1) General requirements. Limits on each of the parameters specified in subdivision c
(except for limits on metals concentrations in collected particulate matter for
industrial furnaces that recycle collected particulate matter) must be established and
continuously monitored under either of the following methods:
(a) Instantaneous limits. A limit for a parameter may be established and
continuously monitored and recorded on an instantaneous basis (for example,
the value that occurs at any time) not to be exceeded at any time; or
(b) Hourly rolling average limits. A limit for a parameter may be established and
continuously monitored on an hourly rolling average basis defined as follows:

[1] A continuous monitor is one which continuously samples the regulated
parameter without interruption, and evaluates the detector response at
least once each fifteen seconds, and computes and records the average
value at least every sixty seconds.
[2] An hourly rolling average is the arithmetic mean of the sixty most recent
one-minute average values recorded by the continuous monitoring
system.
(2) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the
carcinogenic metals (arsenic, beryllium, cadmium, and chromium) and lead may be
established either on an hourly rolling average basis as prescribed by
subparagraph b of paragraph 1 or on (up to) a twenty-four hour rolling average
basis. If the owner or operator elects to use an averaging period from two to
twenty-four hours:
(a) The feed rate of each metal shall be limited at any time to ten times the feed
rate that would be allowed on an hourly rolling average basis; and
(b) The continuous monitor shall meet the following specifications:
[1] A continuous monitor is one which continuously samples the regulated
parameter without interruption, and evaluates the detector response at
least once each fifteen seconds, and computes and records the average
value at least every sixty seconds.
[2] The rolling average for the selected averaging period is defined as the
arithmetic mean of one-hour block averages for the averaging period. A
one-hour block average is the arithmetic mean of the one-minute
averages recorded during the sixty-minute period beginning at one minute
after the beginning of preceding clock hour.
(3) Feed rate limits for metals, total chloride and chlorine, and ash. Feed rate limits for
metals, total chlorine and chloride, and ash are established and monitored by
knowing the concentration of the substance (for example, metals, chloride, chlorine,
and ash) in each feedstream and the flow rate of the feedstream. To monitor the
feed rate of these substances, the flow rate of each feedstream must be monitored
under the continuous monitoring requirements of paragraphs 1 and 2.
f. Public notice requirements at precompliance. On or before August 21, 1991, the owner or
operator must submit a notice with the following information for publication in a major
local newspaper of general circulation and send a copy of the notice to the appropriate
units of state and local government. The owner or operator must provide to the
department with the certification of precompliance evidence of submitting the notice for
publication. The notice, which shall be entitled "Notice of Certification of Precompliance
with Hazardous Waste Burning Requirements of subsection 2 of section
33.1-24-05-528", must include:
(1) Name and address of the owner and operator of the facility as well as the location of
the device burning hazardous waste;
(2) Date that the certification of precompliance is submitted to the department;
(3) Brief description of the regulatory process required to comply with the interim status
requirements including required emissions testing to demonstrate conformance with
emissions standards for organic compounds, particulate matter, metals, and
hydrogen chloride and chlorine;

(4) Types and quantities of hazardous waste burned including source, whether solids or
liquids, as well as an appropriate description of the waste;
(5) Type of device or devices in which the hazardous waste is burned including a
physical description and maximum production rate of each device;
(6) Types and quantities of other fuels and industrial furnace feedstocks fed to each
unit;
(7) Brief description of the basis for this certification of precompliance as specified in
subdivision b;
(8) Locations where the record for the facility can be viewed and copied by interested
parties. These records and locations shall at a minimum include:
(a) The administrative record kept by the department where the supporting
documentation was submitted or another location designated by the
department; and
(b) The boiler and industrial furnace correspondence file kept at the facility site
where the device is located. The correspondence file must include all
correspondence between the facility and the department and local regulatory
officials, including copies of all certifications and notifications, such as the
precompliance certification, precompliance public notice, notice of compliance
testing, compliance test report, compliance certification, time extension
requests and approvals or denials, enforcement notifications of violations, and
copies of state site visit reports submitted to the owner or operator;
(9) Notification of the establishment of a facility mailing list whereby interested parties
shall notify the department that they wish to be placed on the mailing list to receive
future information and notices about this facility; and
(10) Location (mailing address) of the department, where further information can be
obtained on regulation of hazardous waste burning.
g. Monitoring other operating parameters. When the monitoring systems for the operating
parameters listed in paragraphs 5 through 13 of subdivision a of subsection 3 are
installed and operating in conformance with vendor specifications or (for carbon
monoxide, hydrocarbon, and oxygen) specifications provided by appendix XXIV of
chapter 33.1-24-05, as appropriate, the parameters shall be continuously monitored and
records shall be maintained in the operating record.
h. Revised certification of precompliance. The owner or operator may revise at any time the
information and operating conditions documented under subdivisions b and c in the
certification of precompliance by submitting a revised certification of precompliance
under procedures provided by those subdivisions.
(1) The public notice requirements of subdivision f do not apply to recertifications.
(2) The owner and operator must operate the facility within the limits established for the
operating parameters under subdivision c until a revised certification is submitted
under this subdivision or a certification of compliance is submitted under
subsection 3.
i. Certification of precompliance statement. The owner or operator must include the
following signed statement with the certification of precompliance submitted to the
department:

"I certify under penalty of law that this information was prepared under my direction or
supervision in accordance with a system designed to ensure that qualified personnel
properly gathered and evaluated the information and supporting documentation. Copies
of all emissions tests, dispersion modeling results and other information used to
determine conformance with the requirements of subsection 2 are available at the facility
and can be obtained from the facility contact person listed above. Based on my inquiry of
the person or persons who manages the facility, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations.
I also acknowledge that the operating limits established in this certification pursuant to
paragraphs c and d of subsection 2 are enforceable limits at which the facility can legally
operate during interim status until: (1) A revised certification of precompliance is
submitted, (2) a certification of compliance is submitted, or (3) an operating permit is
issued."
3. Certification of compliance. The owner or operator shall conduct emissions testing to
document compliance with the emissions standards of subsections 2 through 5 of section
33.1-24-05-529, sections 33.1-24-05-530, 33.1-24-05-531, and 33.1-24-05-532, and
subparagraph d of paragraph 1 of subdivision e of subsection 1, under the procedures
prescribed by this subsection, except under extensions of time provided by subdivision g.
Based on the compliance test, the owner or operator shall submit to the department, on or
before August 21, 1992, a complete and accurate "certification of compliance" (under
subdivision d) with those emission standards establishing limits on the operating parameters
specified in subdivision a.
a. Limits on operating conditions. The owner or operator shall establish limits on the
following parameters based on operations during the compliance test (under procedures
prescribed in paragraph 4 of subdivision d) and include these limits with the certification
of compliance. The boiler or industrial furnace must be operated in accordance with
these operating limits and all applicable emissions standards of subsections 2 through 5
of section 33.1-24-05-529, sections 33.1-24-05-530 through 33.1-24-05-532, and
subparagraph d of paragraph 1 of subdivision e of subsection 1 at all times when there is
hazardous waste in the unit until an operating permit is issued.
(1) Feed rate of total hazardous waste and (unless complying with the tier I or adjusted
tier I metals feed rate screening limits under subsection 2 or 5 of section
33.1-24-05-531), pumpable hazardous waste;
(2) Feed rate of each metal in the following feedstreams:
(a) Total feedstreams, except that:
[1] Facilities that comply with tier I or adjusted tier I metals feed rate
screening limits may set their operating limits at the metals feed rate
screening limits determined under subsection 2 or 5 of section
33.1-24-05-531; and
[2] Industrial furnaces that must comply with the alternative metals
implementation approach under paragraph 2 of subdivision c must specify
limits on the concentration of each metal in collected particulate matter in
lieu of feed rate limits for total feedstreams;

(b) Total hazardous waste feed (unless complying with the tier I or adjusted tier I
metals feed rate screening limits under subsection 2 or 5 of section
33.1-24-05-531); and
(c) Total pumpable hazardous waste feed (unless complying with the tier I or
adjusted tier I metals feed rate screening limits under subsection 2 or 5 of
section 33.1-24-05-531);
(3) Total feed rate of chlorine and chloride in total feedstreams, except that facilities that
comply with tier I or adjusted tier I feed rate screening limits may set their operating
limits at the total chlorine and chloride feed rate screening limits determined under
subdivision a of subsection 1 or subsection 5 of section 33.1-24-05-532;
(4) Total feed rate of ash in total feedstreams, except that the ash feed rate for cement
kilns and lightweight aggregate kilns is not limited;
(5) Carbon monoxide concentration, and where required, hydrocarbon concentration in
stack gas. When complying with the carbon monoxide controls of subsection 2 of
section 33.1-24-05-529, the carbon monoxide limit is one hundred parts per million
by volume, and when complying with the hydrocarbon controls of subsection 3 of
section 33.1-24-05-529, the hydrocarbon limit is twenty parts per million by volume.
When complying with the carbon monoxide controls of subsection 3 of section
33.1-24-05-529, the carbon monoxide limit is established based on the compliance
test;
(6) Maximum production rate of the device in appropriate units when producing normal
product, except that facilities that comply with tier I or adjusted tier I feed rate
screening limits may set their operating limits at the total chlorine and chloride feed
rate screening limits determined under subdivision a of subsection 1 or subsection 5
of section 33.1-24-05-532 and for all metals under subsection 2 or 5 of section
33.1-24-05-531, and the uncontrolled particulate emissions do not exceed the
standard under section 33.1-24-05-530;
(7) Maximum combustion chamber temperature where the temperature measurement
is as close to the combustion zone as possible and is upstream of any quench water
injection (unless complying with the tier I or adjusted tier I metals feed rate
screening limits under subsection 2 or 5 of section 33.1-24-05-531);
(8) Maximum flue gas temperature entering a particulate matter control device (unless
complying with tier I or adjusted tier I metals feed rate screening limits under
subsection 2 or 5 of section 33.1-24-05-531 and the total chlorine and chloride feed
rate screening limits under subsection 2 or 5 of section 33.1-24-05-532);
(9) For systems using wet scrubbers, including wet ionizing scrubbers (unless
complying with the tier I or adjusted tier I metals feed rate screening limits under
subsection 2 or 5 of section 33.1-24-05-531 and the total chlorine and chloride feed
rate screening limits under subdivision a of subsection 2 or subsection 5 of section
33.1-24-05-531):
(a) Minimum liquid to flue gas ratio;
(b) Minimum scrubber blowdown from the system or maximum suspended solids
content of scrubber water; and
(c) Minimum pH level of the scrubber water;

(10) For systems using venturi scrubbers, the minimum differential gas pressure across
the venturi (unless complying with the tier I or adjusted tier I metals feed rate
screening limits under subsection 2 or 5 of section 33.1-24-05-531 and the total
chlorine and chloride feed rate screening limits under subdivision a of subsection 2
or subsection 5 of section 33.1-24-05-532);
(11) For systems using dry scrubbers (unless complying with the tier I or adjusted tier I
metals feed rate screening limits under subsection 2 or 5 of section 33.1-24-05-531
and the total chlorine and chloride feed rate screening limits under subdivision a of
subsection 2 or subsection 5 of section 33.1-24-05-532):
(a) Minimum caustic feed rate; and
(b) Maximum flue gas flow rate;
(12) For systems using wet ionizing scrubbers or electrostatic precipitators (unless
complying with the tier I or adjusted tier I metals feed rate screening limits under
subsection 2 or 5 of section 33.1-24-05-531 and the total chlorine and chloride feed
rate screening limits under subdivision a of subsection 2 or subsection 5 of section
33.1-24-05-532):
(a) Minimum electrical power in kilovolt amperes (kVA) to the precipitator plates;
and
(b) Maximum flue gas flow rate;
(13) For systems using fabric filters (baghouses), the minimum pressure drop (unless
complying with the tier I or adjusted tier I metals feed rate screening limits under
subsection 2 or 5 of section 33.1-24-05-531 and the total chlorine and chloride feed
rate screening limits under subdivision a of subsection 2 or subsection 5 of section
33.1-24-05-532).
b. Prior notice of compliance testing. At least thirty days prior to the compliance testing
required by subdivision c, the owner or operator shall notify the department and submit
the following information:
(1) General facility information including:
(a) Identification number;
(b) Facility name, contact person, telephone number, and address;
(c) Person responsible for conducting compliance test, including company name,
address, and telephone number, and a statement of qualifications; and
(d) Planned date of the compliance test;
(2) Specific information on each device to be tested including:
(a) Description of boiler or industrial furnace;
(b) A scaled plot plan showing the entire facility and location of the boiler or
industrial furnace;
(c) A description of the air pollution control system;
(d) Identification of the continuous emission monitors that are installed, including:

[1] Carbon monoxide monitor;
[2] Oxygen monitor; and
[3] Hydrocarbon monitor, specifying the minimum temperature of the system
and, if the temperature is less than one hundred fifty degrees Celsius, an
explanation of why a heated system is not used (see subdivision e) and a
brief description of the sample gas conditioning system;
(e) Indication of whether the stack is shared with another device that will be in
operation during the compliance test; and
(f) Other information useful to an understanding of the system design or
operation; and
(3) Information on the testing planned, including a complete copy of the test protocol
and quality assurance/quality control plan, and a summary description for each test
providing the following information at a minimum:
(a) Purpose of the test (for example, demonstrate compliance with emissions of
particulate matter); and
(b) Planned operating conditions, including levels for each pertinent parameter
specified in subdivision a.
c. Compliance testing.
(1) General. Compliance testing must be conducted under conditions for which the
owner or operator has submitted a certification of precompliance under subsection 2
and under conditions established in the notification of testing required by
subdivision b. The owner or operator may seek approval on a case-by-case basis to
use compliance test data from one unit in lieu of testing a similar onsite unit. To
support the request, the owner or operator must provide a comparison of the
hazardous waste burned and other feedstreams, and the design, operation, and
maintenance of both the tested unit and the similar unit. The department shall
provide a written approval to use compliance test data in lieu of testing a similar unit
if the department finds that the hazardous wastes, the devices, and the operating
conditions are sufficiently similar, and the data from the other compliance test is
adequate to meet the requirements of subsection 3.
(2) Special requirements for industrial furnaces that recycle collected particulate matter.
Owners and operators of industrial furnaces that recycle back into the furnace
particulate matter from the air pollution control system must comply with one of the
following procedures for testing to determine compliance with the metals standards
of subsection 3 or 4 of section 33.1-24-05-531:
(a) The special testing requirements prescribed in "Alternative Method for
Implementing Metals Controls" in appendix XXIV of chapter 33.1-24-05; or
(b) Stack emissions testing for a minimum of six hours each day while hazardous
waste is burned during interim status. The testing must be conducted when
burning normal hazardous waste for that day at normal feed rates for that day
and when the air pollution control system is operated under normal conditions.
During interim status, hazardous waste analysis for metals content must be
sufficient for the owner or operator to determine if changes in metals content
may affect the ability of the facility to meet the metals emissions standards
established under subsection 3 or 4 of section 33.1-24-05-531. Under this

option, operating limits (under subdivision a) must be established during
compliance testing under subdivision c only on the following parameters:
[1] Feed rate of total hazardous waste;
[2] Total feed rate of chlorine and chloride in total feedstreams;
[3] Total feed rate of ash in total feedstreams, except that the ash feed rate
for cement kilns and lightweight aggregate kilns is not limited;
[4] Carbon monoxide concentration, and where required, hydrocarbon
concentration in stack gas; and
[5] Maximum production rate of the device in appropriate units when
producing normal product; or
(c) Conduct compliance testing to determine compliance with the metals
standards to establish limits on the operating parameters of subdivision a only
after the kiln system has been conditioned to enable it to reach equilibrium with
respect to metals fed into the system and metals emissions. During
conditioning, hazardous waste and raw materials having the same metals
content as will be fed during the compliance test must be fed at the feed rates
that will be fed during the compliance test.
(3) Conduct of compliance testing.
(a) If compliance with all applicable emissions standards of sections
during a set of test runs, the operating conditions of additional test runs
required to demonstrate compliance with remaining emissions standards must
be as close as possible to the original operating conditions.
(b) Prior to obtaining test data for purposes of demonstrating compliance with the
applicable emissions standards of sections 33.1-24-05-529 through
section, the facility must operate under compliance test conditions for a
sufficient period to reach steady-state operations. Industrial furnaces that
recycle collected particulate matter back into the furnace and that comply with
subparagraph a or b of paragraph 2, however, need not reach steady-state
conditions with respect to the flow of metals in the system prior to beginning
compliance testing for metals.
(c) Compliance test data on the level of an operating parameter for which a limit
must be established in the certification of compliance must be obtained during
emissions sampling for the pollutant or pollutants (for example, metals,
particulate matter, hydrogen chloride and chlorine, organic compounds) for
which the parameter must be established as specified by subdivision a.
d. Certification of compliance. Within ninety days of completing compliance testing, the
owner or operator must certify to the department compliance with the emissions
standards of subsections 2, 3, and 5 of section 33.1-24-05-529, sections 33.1-24-05-530,
33.1-24-05-531, and 33.1-24-05-532, and subparagraph d of paragraph 1 of
subdivision e of subsection 1. The certification of compliance must include the following
information:
(1) General facility and testing information including:

(a) Identification number;
(b) Facility name, contact person, telephone number, and address;
(c) Person responsible for conducting compliance testing, including company
name, address, and telephone number, and a statement of qualifications;
(d) Date or dates of each compliance test;
(e) Description of boiler or industrial furnace tested;
(f) Person responsible for quality assurance/quality control, title, and telephone
number, and statement that procedures prescribed in the quality
assurance/quality control plan submitted under paragraph 3 of subdivision b
have been followed, or a description of any changes and an explanation of why
changes were necessary;
(g) Description of any changes in the unit configuration prior to or during testing
that would alter any of the information submitted in the prior notice of
compliance testing under subdivision b, and an explanation of why the
changes were necessary;
(h) Description of any changes in the planned test conditions prior to or during the
testing that alter any of the information submitted in the prior notice of
compliance testing under subdivision b, and an explanation of why the
changes were necessary; and
(i) The complete report on results of emissions testing.
(2) Specific information on each test including:
(a) Purpose or purposes of test (for example, demonstrate conformance with the
emissions limits for particulate matter, metals, hydrogen chloride, chlorine, and
carbon monoxide).
(b) Summary of test results for each run and for each test including the following
information:
[1] Date of run;
[2] Duration of run;
[3] Time-weighted average and highest hourly rolling average carbon
monoxide level for each run and for the test;
[4] Highest hourly rolling average hydrocarbon level, if hydrocarbon
monitoring is required for each run and for the test;
[5] If dioxin and furan testing is required under subsection 5 of section
33.1-24-05-529, time-weighted average emissions for each run and for
the test of chlorinated dioxin and furan emissions, and the predicted
maximum annual average ground level concentration of the toxicity
equivalency factor;
[6] Time-weighted average particulate matter emissions for each run and for
the test;

[7] Time-weighted average hydrogen chloride and chlorine emissions for
each run and for the test;
[8] Time-weighted average emissions for the metals subject to regulation
under section 33.1-24-05-531 for each run and for the test; and
[9] Quality assurance and quality control results.
(3) Comparison of the actual emissions during each test with the emissions limits
prescribed by subsections 2, 3, and 5 of section 33.1-24-05-529, sections
33.1-24-05-530, 33.1-24-05-531, and 33.1-24-05-532 and established for the facility
in the certification of precompliance under subsection 2.
(4) Determination of operating limits based on all valid runs of the compliance test for
each applicable parameter listed in subdivision a using either of the following
procedures:
(a) Instantaneous limits. A parameter may be measured and recorded on an
instantaneous basis (for example, the value that occurs at any time) and the
operating limit specified as the time-weighted average during all runs of the
compliance test; or
(b) Hourly rolling average basis.
[1] The limit for a parameter may be established and continuously monitored
on an hourly rolling average basis defined as follows:
[a] A continuous monitor is one which continuously samples the
regulated parameter without interruption, and evaluates the detector
response at least once each fifteen seconds, and computes and
records the average value at least every sixty seconds.
[b] An hourly rolling average is the arithmetic mean of the sixty most
recent one-minute average values recorded by the continuous
monitoring system.
[2] The operating limit for the parameter shall be established based on
compliance test data as the average overall test runs of the highest hourly
rolling average value for each run.
(c) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the
carcinogenic metals (for example, arsenic, beryllium, cadmium, and chromium)
and lead may be established either on an hourly rolling average basis as
prescribed by subparagraph b or on (up to) a twenty-four hour rolling average
basis. If the owner or operator elects to use an averaging period from two to
twenty-four hours:
[1] The feed rate of each metal shall be limited at any time to ten times the
feed rate that would be allowed on an hourly rolling average basis;
[2] The continuous monitor shall meet the following specifications:
[a] A continuous monitor is one which continuously samples the
regulated parameter without interruption, and evaluates the detector
response at least once each fifteen seconds, and computes and
records the average value at least every sixty seconds; and

[b] The rolling average for the selected averaging period is defined as
the arithmetic mean of one-hour block averages for the averaging
period. A one-hour block average is the arithmetic mean of the
one-minute averages recorded during the sixty-minute period
beginning at one minute after the beginning of preceding clock hour;
and
[3] The operating limit for the feed rate of each metal shall be established
based on compliance test data as the average overall test runs of the
highest hourly rolling average feed rate for each run.
(d) Feed rate limits for metals, total chloride and chlorine, and ash. Feed rate limits
for metals, total chlorine and chloride, and ash are established and monitored
by knowing the concentration of the substance (for example, metals,
chloride/chlorine, and ash) in each feedstream and the flow rate of the
feedstream. To monitor the feed rate of these substances, the flow rate of each
feedstream must be monitored under the continuous monitoring requirements
of subparagraphs a through c.
(5) Certification of compliance statement. The following statement shall accompany the
certification of compliance:
"I certify under penalty of law that this information was prepared under my direction
or supervision in accordance with a system designed to ensure that qualified
personnel properly gathered and evaluated the information and supporting
documentation. Copies of all emissions tests, dispersion modeling results and other
information used to determine conformance with the requirements of subsection 3 of
section 33.1-24-05-528 are available at the facility and can be obtained from the
facility contact person listed above. Based on my inquiry of the person or persons
who manages the facility, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations.
I also acknowledge that the operating conditions established in this certification
pursuant to paragraph 4 of subdivision d of subsection 3 of section 33.1-24-05-528
are enforceable limits at which the facility can legally operate during interim status
until a revised certification of compliance is submitted."
e. Special requirements for hydrocarbon monitoring systems. When an owner or operator is
required to comply with the hydrocarbon controls provided by subsection 3 of section
conditioned gas monitoring system may be used in conformance with specifications
provided in appendix XXIV of chapter 33.1-24-05 provided that the owner or operator
submits a certification of compliance without using extensions of time provided by
subdivision g.
f. Special operating requirements for industrial furnaces that recycle collected particulate
matter. Owners and operators of industrial furnaces that recycle back into the furnace
particulate matter from the air pollution control system must:
(1) When complying with the requirements of subparagraph a of paragraph 2 of
subdivision c, comply with the operating requirements prescribed in "Alternative
Method to Implement the Metals Controls" in appendix XXIV of chapter 33.1-24-05;
and

(2) When complying with the requirements of subparagraph b of paragraph 2 of
subdivision c, comply with the operating requirements prescribed by that
subparagraph.
g. Extensions of time.
(1) If the owner or operator does not submit a complete certification of compliance for
all of the applicable emissions standards of sections 33.1-24-05-529,
33.1-24-05-530, 33.1-24-05-531, and 33.1-24-05-532 by August 21, 1992, an owner
or operator must either:
(a) Stop burning hazardous waste and begin closure activities under
subsection 12 for the hazardous waste portion of the facility;
(b) Limit hazardous waste burning only for purposes of compliance testing (and
pretesting to prepare for compliance testing) a total period of seven hundred
twenty hours for the period of time beginning August 21, 1992, submit a
notification to the department by August 21, 1992, stating that the facility is
operating under restricted interim status and intends to resume burning
hazardous waste, and submit a complete certification of compliance by
August 23, 1993; or
(c) Obtain a case-by-case extension of time under paragraph 2.
(2) The owner or operator may request a case-by-case extension of time to extend any
time limit provided by this subsection if compliance with the time limit is not
practicable for reasons beyond the control of the owner or operator.
(a) In granting an extension, the department may apply conditions as the facts
warrant to ensure timely compliance with the requirements of this section and
that the facility operates in a manner that does not pose a hazard to human
health and the environment;
(b) When an owner or operator requests an extension of time to enable the facility
to comply with the alternative hydrocarbon provision of subsection 6 of section
facility cannot meet the hydrocarbon limit of subsection 3 of section
33.1-24-05-529:
[1] The department shall, in considering whether to grant the extension:
[a] Determine whether the owner and operator have submitted in a
timely manner a complete part B permit application that includes
information required under subdivision ff of subsection 2 of section
33.1-24-06-17; and
[b] Consider whether the owner or operator have made a good-faith
effort to certify compliance with all other emission controls, including
the controls on dioxins and furans of subsection 5 of section
hydrogen chloride and chlorine.
[2] If an extension is granted, the department shall, as a condition of the
extension, require the facility to operate under flue gas concentration
limits on carbon monoxide and hydrocarbon that, based on available
information, including information in the part B permit application, are

baseline carbon monoxide and hydrocarbon levels as defined by
subdivision a of subsection 6 of section 33.1-24-05-529.
h. Revised certification of compliance. The owner or operator may submit at any time a
revised certification of compliance (recertification of compliance) under the following
procedures:
(1) Prior to submittal of a revised certification of compliance, hazardous waste may not
be burned for more than a total of seven hundred twenty hours under operating
conditions that exceed those established under a current certification of compliance,
and such burning may be conducted only for purposes of determining whether the
facility can operate under revised conditions and continue to meet the applicable
emissions standards of sections 33.1-24-05-529 through 33.1-24-05-532;
(2) At least thirty days prior to first burning hazardous waste under operating conditions
that exceed those established under a current certification of compliance, the owner
or operator shall notify the department and submit the following information:
(a) Identification number, and facility name, contact person, telephone number,
and address;
(b) Operating conditions that the owner or operator is seeking to revise and
description of the changes in facility design or operation that prompted the
need to seek to revise the operating conditions;
(c) A determination that when operating under the revised operating conditions,
the applicable emissions standards of sections 33.1-24-05-529 through
the owner or operator shall submit the applicable information required under
subdivision b of subsection 2; and
(d) Complete emissions testing protocol for any pretesting and for a new
compliance test to determine compliance with the applicable emissions
standards of sections 33.1-24-05-529, 33.1-24-05-530, 33.1-24-05-531, and
protocol shall include a schedule of pretesting and compliance testing. If the
owner or operator revises the scheduled date for the compliance test, the
owner or operator shall notify the department in writing at least thirty days prior
to the revised date of the compliance test;
(3) Conduct a compliance test under the revised operating conditions and the protocol
submitted to the department to determine compliance with the applicable emissions
standards of sections 33.1-24-05-529, 33.1-24-05-530, 33.1-24-05-531, and
33.1-24-05-532; and
(4) Submit a revised certification of compliance under subdivision d.
4. Periodic recertifications. The owner or operator must conduct compliance testing and
submit to the department a recertification of compliance under provisions of subsection 3
within five years from submitting the previous certification or recertification. If the owner or
operator seeks to recertify compliance under new operating conditions, the owner or operator
must comply with the requirements of subdivision h of subsection 3.
5. Noncompliance with certification schedule. If the owner or operator does not comply with
the interim status compliance schedule provided by subsections 2 through 4, hazardous waste
burning must terminate on the date that the deadline is missed, closure activities must begin
under subsection 12, and hazardous waste burning may not resume except under an

operating permit issued under subsection 4 of section 33.1-24-06-19. For purposes of
compliance with the closure provisions of subsection 12 and subsection 5 of section
hazardous waste" on the date that the deadline is missed.
6. Startup and shutdown. Hazardous waste (except waste fed solely as an ingredient under the
tier I (or adjusted tier I) feed rate screening limits for metals and chloride/chlorine) must not be
fed into the device during startup and shutdown of the boiler or industrial furnace, unless the
device is operating within the conditions of operation specified in the certification of
compliance.
7. Automatic waste feed cutoff. During the compliance test required by subdivision c of
subsection 3, and upon certification of compliance under subsection 3, a boiler or industrial
furnace must be operated with a functioning system that automatically cuts off the hazardous
waste feed when the applicable operating conditions specified in paragraphs 1 and 5 through
13 of subdivision a of subsection 3 deviate from those established in the certification of
compliance. In addition:
a. To minimize emissions of organic compounds, the minimum combustion chamber
temperature (or the indicator of combustion chamber temperature) that occurred during
the compliance test must be maintained while hazardous waste or hazardous waste
residues remain in the combustion chamber, with the minimum temperature during the
compliance test defined as either:
(1) If compliance with the combustion chamber temperature limit is based on an hourly
rolling average, the minimum temperature during the compliance test is considered
to be the average overall runs of the lowest hourly rolling average for each run; or
(2) If compliance with the combustion chamber temperature limit is based on an
instantaneous temperature measurement, the minimum temperature during the
compliance test is considered to be the time-weighted average temperature during
all runs of the test; and
b. Operating parameters limited by the certification of compliance must continue to be
monitored during the cutoff, and the hazardous waste feed shall not be restarted until the
levels of those parameters comply with the limits established in the certification of
compliance.
8. Fugitive emissions. Fugitive emissions must be controlled by:
a. Keeping the combustion zone totally sealed against fugitive emissions;
b. Maintaining the combustion zone pressure lower than atmospheric pressure; or
c. An alternate means of control that the owner or operator can demonstrate provide
fugitive emissions control equivalent to maintenance of combustion zone pressure lower
than atmospheric pressure. Support for such demonstration shall be included in the
operating record.
9. Changes. A boiler or industrial furnace must cease burning hazardous waste when changes
in combustion properties, or feed rates of the hazardous waste, other fuels, or industrial
furnace feedstocks, or changes in the boiler or industrial furnace design or operating
conditions deviate from the limits specified in the certification of compliance.
10. Monitoring and inspections.

a. The owner or operator must monitor and record the following, at a minimum, while
burning hazardous waste:
(1) Feed rates and composition of hazardous waste, other fuels, and industrial furnace
feedstocks, and feed rates of ash, metals, and total chloride and chlorine as
necessary to ensure conformance with the certification of precompliance or
certification of compliance.
(2) Carbon monoxide, oxygen, and if applicable, hydrocarbons, on a continuous basis
at a common point in the boiler or industrial furnace downstream of the combustion
zone and prior to release of stack gases to the atmosphere in accordance with the
operating limits specified in the certification of compliance. Carbon monoxide,
hydrocarbon, and oxygen monitors must be installed, operated, and maintained in
accordance with methods specified in appendix XXIV of chapter 33.1-24-05.
(3) Upon the request of the department, sampling and analysis of the hazardous waste
(and other fuels and industrial furnace feedstocks as appropriate) and the stack gas
emissions must be conducted to verify that the operating conditions established in
the certification of precompliance or certification of compliance achieve the
applicable standards of sections 33.1-24-05-529 through 33.1-24-05-532.
b. The boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel
storage tanks, etc.) must be subjected to thorough visual inspection when they contain
hazardous waste, at least daily for leaks, spills, fugitive emissions, and signs of
tampering.
c. The automatic hazardous waste feed cutoff system and associated alarms must be
tested at least once every seven days when hazardous waste is burned to verify
operability, unless the owner or operator can demonstrate that weekly inspections will
unduly restrict or upset operations and that less frequent inspections will be adequate.
Support for such demonstration shall be included in the operating record. At a minimum,
operational testing must be conducted at least once every thirty days.
d. These monitoring and inspection data must be recorded and the records must be placed
in the operating log.
11. Recordkeeping. The owner or operator must keep in the operating record of the facility all
information and data required by this section for five years.
12. Closure. At closure, the owner or operator must remove all hazardous waste and hazardous
waste residues (including ash, scrubber waters, and scrubber sludges) from the boiler or
industrial furnace and must comply with the applicable standards of subsection 5 of section
33.1-24-06-16.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08, 23.1-04-16; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-529. Standards to control organic emissions.

1. Destruction and removal efficiency standard.
a. General. Except as provided in subdivision c, a boiler or industrial furnace burning
hazardous waste must achieve a destruction and removal efficiency of 99.99 percent for
all organic hazardous constituents in the waste feed. To demonstrate conformance with
this requirement, 99.99 percent destruction and removal efficiency must be demonstrated
during a trial burn for each principal organic hazardous constituent designated (under

subdivision b) in its permit for each waste feed. Destruction and removal efficiency is
determined for each principal organic hazardous constituent from the following equation:
where:
W = Mass feed rate of one principal organic hazardous constituent in the hazardous
in
waste fired to the boiler or industrial furnace; and
W = Mass emission rate of the same principal organic hazardous constituent
out
present in stack gas prior to release to the atmosphere.
b. Designation of principal organic hazardous constituents. Principal organic hazardous
constituents are those compounds for which compliance with the destruction and
removal efficiency requirements shall be demonstrated in a trial burn in conformance with
procedures prescribed in subsection 4 of section 33.1-24-06-19. One or more principal
organic hazardous constituents shall be designated by the department for each waste
feed to be burned. Principal organic hazardous constituents shall be designated based
on the degree of difficulty of destruction of the organic constituents in the waste and on
their concentrations or mass in the waste feed considering the results of waste analyses
submitted with part B of the permit application. Principal organic hazardous constituents
are most likely to be selected from among those compounds listed in appendix V of
chapter 33.1-24-02 that are also present in the normal waste feed. However, if the
applicant demonstrates to the department's satisfaction that a compound not listed in
appendix V of chapter 33.1-24-02 or not present in the normal waste feed is a suitable
indicator of compliance with the destruction and removal efficiency requirements, that
compound may be designated as a principal organic hazardous constituent. Such
principal organic hazardous constituents need not be toxic or organic compounds.
c. Dioxin-listed waste. A boiler or industrial furnace burning hazardous waste containing (or
derived from) hazardous waste numbers F020, F021, F022, F023, F026, or F027 must
achieve a destruction and removal efficiency of 99.9999 percent for each principal
organic hazardous constituent designated (under subdivision b) in its permit. This
performance must be demonstrated on principal organic hazardous constituents that are
more difficult to burn than tetra-, penta-, and hexachlorodibenzo-p-dioxins and
dibenzofurans. Destruction and removal efficiency is determined for each principal
organic hazardous constituent from the equation in subdivision a. In addition, the owner
or operator of the boiler or industrial furnace must notify the department of intent to burn
hazardous waste numbers F020, F021, F022, F023, F026, or F027.
d. Automatic waiver of destruction and removal efficiency trial burn. Owners and operators
of boilers operated under the special operating requirements provided by section
efficiency standard of subdivision a and are exempt from the destruction and removal
efficiency trial burn.
e. Low risk waste. Owners and operators of boilers or industrial furnaces that burn
hazardous waste in compliance with the requirements of subsection 1 of section
efficiency standard of subdivision a and are exempt from the destruction and removal
efficiency trial burn.
2. Carbon monoxide standard.

a. Except as provided in subsection 3, the stack gas concentration of carbon monoxide
from a boiler or industrial furnace burning hazardous waste cannot exceed one hundred
parts per million by volume on an hourly rolling average basis (for example, over any
sixty-minute period), continuously corrected to seven percent oxygen, dry gas basis.
b. Carbon monoxide and oxygen shall be continuously monitored in conformance with
"Performance Specifications for Continuous Emission Monitoring of Carbon Monoxide
and Oxygen for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste"
in appendix XXIV of chapter 33.1-24-05.
c. Compliance with the one hundred parts per million by volume carbon monoxide limit
must be demonstrated during the trial burn (for new facilities or an interim status facility
applying for a permit) or the compliance test (for interim status facilities). To demonstrate
compliance, the highest hourly rolling average carbon monoxide level during any valid
run of the trial burn or compliance test must not exceed one hundred parts per million by
volume.
3. Alternative carbon monoxide standard.
a. The stack gas concentration of carbon monoxide from a boiler or industrial furnace
burning hazardous waste may exceed the one hundred parts per million by volume limit
provided that stack gas concentrations of hydrocarbons do not exceed twenty parts per
million by volume, except as provided by subsection 6 for certain industrial furnaces.
b. Hydrocarbon limits must be established under this section on an hourly rolling average
basis (for example, over any sixty-minute period), reported as propane, and continuously
corrected to seven percent oxygen, dry gas basis.
c. Hydrocarbon shall be continuously monitored in conformance with "Performance
Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators,
Boilers, and Industrial Furnaces Burning Hazardous Waste" in appendix XXIV of chapter
33.1-24-05. Carbon monoxide and oxygen shall be continuously monitored in
conformance with subdivision b of subsection 2.
d. The alternative carbon monoxide standard is established based on carbon monoxide
data during the trial burn (for a new facility) and the compliance test (for an interim status
facility). The alternative carbon monoxide standard is the average overall valid runs of the
highest hourly average carbon monoxide level for each run. The carbon monoxide limit is
implemented on an hourly rolling average basis, and continuously corrected to seven
percent oxygen, dry gas basis.
4. Special requirements for furnaces. Owners and operators of industrial furnaces (for
example, kilns, cupolas) that feed hazardous waste for a purpose other than solely as an
ingredient (see paragraph 2 of subdivision e of subsection 1 of section 33.1-24-05-528) at any
location other than the end where products are normally discharged and where fuels are
normally fired must comply with the hydrocarbon limits provided by subsection 3 or 6
irrespective of whether stack gas carbon monoxide concentrations meet the one hundred
parts per million by volume limit of subsection 2.
5. Controls for dioxins and furans. Owners and operators of boilers and industrial furnaces
that are equipped with a dry particulate matter control device that operates within the
temperature range of four hundred fifty degrees to seven hundred fifty degrees Fahrenheit
[232.2 to 398.9 degrees Celsius], and industrial furnaces operating under an alternative
hydrocarbon limit established under subsection 6 must conduct a site-specific risk assessment
as follows to demonstrate that emissions of chlorinated dibenzo-p-dioxins and dibenzofurans

do not result in an increased lifetime cancer risk to the hypothetical maximum exposed
individual exceeding one in one hundred thousand:
a. During the trial burn (for new facilities or an interim status facility applying for a permit) or
compliance test (for interim status facilities), determine emission rates of the tetra-octa
congeners of chlorinated dibenzo-p-dioxins and dibenzofurans (CDDs/CDFs) using
method 0023A, "Sampling Method for Polychlorinated Dibenzo-p-Dioxins and
Polychlorinated Dibenzofurans Emissions from Stationary Sources", environmental
protection agency publication SW-846, incorporated by reference in section
33.1-24-01-05;
b. Estimate the 2,3,7,8-TCDD toxicity equivalence of the tetra-octa chlorinated
dibenzo-p-dioxins and dibenzofurans congeners using "Procedures for Estimating the
Toxicity Equivalence of Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners" in
appendix XXIV of chapter 33.1-24-05. Multiply the emission rates of chlorinated
dibenzo-p-dioxins and dibenzofurans congeners with a toxicity equivalence greater than
zero (see the procedure) by the calculated toxicity equivalence factor to estimate the
equivalent emission rate of 2,3,7,8-TCDD;
c. Conduct dispersion modeling using methods recommended in appendix W of 40 CFR
part 51 ("Guidelines on Air Quality Models (Revised)" (1986) and its supplements), the
"Hazardous Waste Combustion Air Quality Screening Procedure", provided in
appendix XXIV, or in "Screening Procedures for Estimating Air Quality Impact of
Stationary Sources", revised as incorporated by reference in section 33.1-24-01-05 to
predict the maximum annual average offsite ground level concentration of 2,3,7,8-TCDD
equivalents determined under subdivision b. The maximum annual average
concentration must be used when a person resides onsite; and
d. The ratio of the predicted maximum annual average ground level concentration of
2,3,7,8-TCDD equivalents to the risk-specific dose for 2,3,7,8-TCDD provided in
appendix XX of chapter 33.1-24-05 (2.2 x 10-7) shall not exceed 1.0.
6. Monitoring carbon monoxide and hydrocarbon in the bypass duct of a cement kiln.
Cement kilns may comply with the carbon monoxide and hydrocarbon limits provided by
subsections 2 through 4 by monitoring in the bypass duct provided that:
a. Hazardous waste is fired only into the kiln and not at any location downstream from the
kiln exit relative to the direction of gas flow; and
b. The bypass duct diverts a minimum of ten percent of kiln off-gas into the duct.
7. Use of emissions test data to demonstrate compliance and establish operating limits.
Compliance with the requirements of this section must be demonstrated simultaneously by
emissions testing or during separate runs under identical operating conditions. Further, data to
demonstrate compliance with the carbon monoxide and hydrocarbon limits of this section or to
establish alternative carbon monoxide or hydrocarbon limits under this section must be
obtained during the time that destruction and removal efficiency testing, and where applicable,
CCD/CDF testing under subsection 5 and comprehensive organic emissions testing under
subsection 6 is conducted.
8. Enforcement. For the purposes of permit enforcement, compliance with the operating
requirements specified in the permit (under section 33.1-24-05-527) will be regarded as
compliance with this section. However, evidence that compliance with those permit conditions
is insufficient to ensure compliance with the requirements of this section may be "information"
justifying modification or revocation and reissuance of a permit under section 33.1-24-06-12.

History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08, 23.1-04-16; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-530. Standards to control particulate matter.

1. A boiler or industrial furnace burning hazardous waste may not emit particulate matter in
excess of one hundred eighty milligrams per dry standard cubic meter [0.08 grains per dry
standard cubic foot] after correction to a stack gas concentration of seven percent oxygen,
using procedures prescribed in 40 CFR part 60, appendix A, methods 1 through 5, and
appendix XXIV of chapter 33.1-24-05.
2. An owner or operator meeting the requirements of subsection 2 of section 33.1-24-05-534 for
the low risk waste exemption is exempt from the particulate matter standard.
3. Oxygen correction.
a. Measured pollutant levels must be corrected for the amount of oxygen in the stack gas
according to the formula:
where:
P is the corrected concentration of the pollutant in the stack gas;
c
P is the measured concentration of the pollutant in the stack gas;
m
E is the oxygen concentration on a dry basis in the combustion air fed to the device; and
Y is the measured oxygen concentration on a dry basis in the stack.
b. For devices that feed normal combustion air, E will equal twenty-one percent. For
devices that feed oxygen-enriched air for combustion (that is, air with an oxygen
concentration exceeding twenty-one percent), the value of E will be the concentration of
oxygen in the enriched air.
c. Compliance with all emission standards provided by sections 33.1-24-05-525 through
procedure.
4. For the purposes of permit enforcement, compliance with the operating requirements specified
in the permit (under section 33.1-24-05-527) will be regarded as compliance with this section.
However, evidence that compliance with those permit conditions is insufficient to ensure
compliance with the requirements of this section may be "information" justifying modification or
revocation and reissuance of a permit under section 33.1-24-06-12.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08, 23.1-04-15; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-531. Standards to control metals emission.

1. General. The owner or operator must comply with the metals standards provided by
subsections 2, 3, 4, 5, or 6 for each metal listed in subsection 2 that is present in the
hazardous waste at detectable levels by using appropriate analytical procedures.

2. Tier I feed rate screening limits. Feed rate screening limits for metals are specified in
appendix XVI as a function of terrain-adjusted effective stack height and terrain and land use
in the vicinity of the facility. Criteria for facilities that are not eligible to comply with the
screening limits are provided in subdivision g.
a. Noncarcinogenic metals. The feed rates of antimony, barium, lead, mercury, thallium, and
silver in all feedstreams, including hazardous waste, fuels, and industrial furnace
feedstocks shall not exceed the screening limits specified in appendix XVI of chapter
33.1-24-05.
(1) The feed rate screening limits for antimony, barium, mercury, thallium, and silver are
based on either:
(a) An hourly rolling average as defined in subparagraph b of paragraph 1 of
subdivision f of subsection 5 of section 33.1-24-05-527; or
(b) An instantaneous limit not to be exceeded at any time.
(2) The feed rate screening limit for lead is based on one of the following:
(a) An hourly rolling average as defined in subparagraph b of paragraph 1 of
subdivision f of subsection 5 of section 33.1-24-05-527;
(b) An averaging period of two to twenty-four hours as defined in paragraph 2 of
subdivision f of subsection 5 of section 33.1-24-05-527 with an instantaneous
feed rate limit not to exceed ten times the feed rate that would be allowed on
an hourly rolling average basis; or
(c) An instantaneous limit not to be exceeded at any time.
b. Carcinogenic metals.
(1) The feed rates of arsenic, cadmium, beryllium, and chromium in all feedstreams,
including hazardous waste, fuels, and industrial furnace feedstocks shall not exceed
values derived from the screening limits specified in appendix XVI of chapter
33.1-24-05. The feed rate of each of these metals is limited to a level such that the
sum of the ratios of the actual feed rate to the feed rate screening limit specified in
appendix XVI of chapter 33.1-24-05 shall not exceed 1.0, as provided by the
following equation:
where:
n = number of carcinogenic metals
AFR = actual feed rate to the device for metal "i"
FRSL = feed rate screening limit provided by appendix XVI of chapter 33.1-24-05 for
metal "i".
(2) The feed rate screening limits for the carcinogenic metals are based on either:
(a) An hourly rolling average; or

(b) An averaging period of two to twenty-four hours as defined in paragraph 2 of
subdivision f of subsection 5 of section 33.1-24-05-527 with an instantaneous
feed rate limit not to exceed ten times the feed rate that would be allowed in an
hourly rolling average basis.
c. Terrain-adjusted effective stack height (TESH).
(1) The terrain-adjusted effective stack height is determined according to the following
equation:
where:
H = Actual physical stack height
a
H = Plume rise as determined from appendix XXI of chapter 33.1-24-05 as a
function of stack flow rate and stack gas exhaust temperature.
T = Terrain rise within five kilometers of the stack.
r
(2) The stack height (H ) may not exceed good engineering practice as specified in
a
40 CFR 51.100(ii).
(3) If the terrain-adjusted effective stack height for a particular facility is not listed in the
table in the appendices, the nearest lower terrain-adjusted effective stack height
listed in the table shall be used. If the terrain-adjusted effective stack height is four
meters or less, a value of four meters shall be used.
d. Terrain type. The screening limits are a function of whether the facility is located in
noncomplex or complex terrain. A device located where any part of the surrounding
terrain within five kilometers of the stack equals or exceeds the elevation of the physical
stack height (H ) is considered to be in complex terrain and the screening limits for
a
complex terrain apply. Terrain measurements are to be made from United States
geological survey 7.5-minute topographic maps of the area surrounding the facility.
e. Land use. The screening limits are a function of whether the facility is located in an area
where the land use is urban or rural. To determine whether land use in the vicinity of the
facility is urban or rural, procedures provided in appendix XXIV or XXV of chapter
f. Multiple stacks. Owners and operators of facilities with more than one onsite stack from a
boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls of
metals emissions under a hazardous waste operating permit or interim status controls
must comply with the screening limits for all such units assuming all hazardous waste is
fed into the device with the worst-case stack based on dispersion characteristics. The
worst-case stack is determined from the following equation as applied to each stack:
where:
K = a parameter accounting for relative influence of stack height and plume rise;
H = physical stack height (meters);
V = stack gas flow rate (m3/second); and

T = exhaust temperature (°Kelvin).
The stack with the lowest value of K is the worst-case stack.
g. Criteria for facilities not eligible for screening limits. If any criteria below are met, the tier I
(and tier II) screening limits do not apply. Owners and operators of such facilities must
comply with either the tier III standards provided by subsection 4 or with the adjusted
tier I feed rate screening limits provided by subsection 5.
(1) The device is located in a narrow valley less than one kilometer wide;
(2) The device has a stack taller than twenty meters and is located such that the terrain
rises to the physical height within one kilometer of the facility;
(3) The device has a stack taller than twenty meters and is located within five
kilometers of a shoreline of a large body of water such as an ocean or large lake;
(4) The physical stack height of any stack is less than 2.5 times the height of any
building within five building heights or five projected building widths of the stack and
the distance from the stack to the closest boundary is within five building heights or
five projected building widths of the associated building; or
(5) The department determines that standards based on site-specific dispersion
modeling are required.
h. Implementation. The feed rate of metals in each feedstream must be monitored to ensure
that the feed rate screening limits are not exceeded.
3. Tier II emission rate screening limits. Emission rate screening limits are specified in
appendix XVI of chapter 33.1-24-05 as a function of terrain-adjusted effective stack height and
terrain and land use in the vicinity of the facility. Criteria for facilities that are not eligible to
comply with the screening limits are provided in subdivision g of subsection 2.
a. Noncarcinogenic metals. The emission rates of antimony, barium, lead, mercury, thallium,
and silver shall not exceed the screening limits specified in appendix XVI of chapter
33.1-24-05.
b. Carcinogenic metals. The emission rates of arsenic, cadmium, beryllium, and chromium
shall not exceed values derived from the screening limits specified in appendix XVI of
chapter 33.1-24-05. The emission rate of each of these metals is limited to a level such
that the sum of the ratios of the actual emission rate to the emission rate screening limit
specified in appendix XVI of chapter 33.1-24-05 shall not exceed 1.0, as provided by the
following equation:
where:
n = number of carcinogenic metals
AER = actual emission rate for metal "i"
ERSL = emission rate screening limit provided by appendix XVI for metal "i".

c. Implementation. The emission rate limits must be implemented by limiting feed rates of
the individual metals to levels during the trial burn (for new facilities or an interim status
facility applying for a permit) or the compliance test (for interim status facilities). The feed
rate averaging periods are the same as provided by paragraphs 1 and 2 of subdivision a
of subsection 2 and paragraph 2 of subdivision b of subsection 2. The feed rate of metals
in each feedstream must be monitored to ensure that the feed rate limits for the
feedstreams specified under section 33.1-24-05-527 or 33.1-24-05-528 are not
exceeded.
d. Definitions and limitations. The definitions and limitations provided by subsection 2 for the
following terms also apply to the tier II emission rate screening limits provided by this
subsection: terrain-adjusted effective stack height, good engineering practice stack
height, terrain type, land use, and criteria for facilities not eligible to use the screening
limits.
e. Multiple stacks.
(1) Owners and operators of facilities with more than one onsite stack from a boiler,
industrial furnace, incinerator, or other thermal treatment unit subject to controls on
metals emissions under a hazardous waste operating permit or interim status
controls must comply with the emissions screening limits for any such stacks
assuming all hazardous waste is fed into the device with the worst-case stack based
on dispersion characteristics.
(2) The worst-case stack is determined by procedures provided in subdivision f of
subsection 2.
(3) For each metal, the total emissions of the metal from those stacks shall not exceed
the screening limit for the worst-case stack.
4. Tier III and adjusted tier I site-specific risk assessment. The requirements of this
subsection apply to facilities complying with either the tier III or adjusted tier I controls, except
where specified otherwise.
a. General. Conformance with the tier III metals controls must be demonstrated by
emissions testing to determine the emission rate for each metal. In addition,
conformance with either the tier III or adjusted tier I metals controls must be determined
by air dispersion modeling to predict the maximum annual average offsite ground level
concentration for each metal, and a demonstration that acceptable ambient levels are not
exceeded.
b. Acceptable ambient levels. Appendices XIX and XX of chapter 33.1-24-05 list the
acceptable ambient levels for purposes of this rule. Reference air concentrations are
listed for the noncarcinogenic metals and 10-5 risk-specific doses are listed for the
carcinogenic metals. The risk-specific dose for a metal is the acceptable ambient level for
that metal provided that only one of the four carcinogenic metals is emitted. If more than
one carcinogenic metal is emitted, the acceptable ambient level for the carcinogenic
metals is a fraction of the risk-specific dose as described in subdivision c.
c. Carcinogenic metals. For the carcinogenic metals arsenic, cadmium, beryllium, and
chromium, the sum of the ratios of the predicted maximum annual average offsite ground
level concentrations (except that onsite concentrations must be considered if a person
resides onsite) to the risk-specific dose for all carcinogenic metals emitted shall not
exceed 1.0 as determined by the following equation:

where:
n = number of carcinogenic metals
d. Noncarcinogenic metals. For the noncarcinogenic metals, the predicted maximum annual
average offsite ground level concentration for each metal shall not exceed the reference
air concentration.
e. Multiple stacks. Owners and operators of facilities with more than one onsite stack from a
boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on
metals emissions under a hazardous waste operating permit or interim status controls
must conduct emissions testing (except that facilities complying with adjusted tier I
controls need not conduct emissions testing) and dispersion modeling to demonstrate
that the aggregate emissions from all such onsite stacks do not result in an exceedance
of the acceptable ambient levels.
f. Implementation. Under tier III, the metals controls must be implemented by limiting feed
rates of the individual metals to levels during the trial burn (for new facilities or an interim
status facility applying for a permit) or the compliance test (for interim status facilities).
The feed rate averaging periods are the same as provided by paragraphs 1 and 2 of
subdivision a of subsection 2 and paragraph 2 of subdivision b of subsection 2. The feed
rate of metals in each feedstream must be monitored to ensure that the feed rate limits
for the feedstreams specified under section 33.1-24-05-527 or 33.1-24-05-528 are not
exceeded.
5. Adjusted tier I feed rate screening limits. The owner or operator may adjust the feed rate
screening limits provided by appendix XVI of chapter 33.1-24-05 to account for site-specific
dispersion modeling. Under this approach, the adjusted feed rate screening limit for a metal is
determined by back-calculating from the acceptable ambient level provided by appendices XIX
and XX of chapter 33.1-24-05 using dispersion modeling to determine the maximum allowable
emission rate. This emission rate becomes the adjusted tier I feed rate screening limit. The
feed rate screening limits for carcinogenic metals are implemented as prescribed in
subdivision b of subsection 2.
6. Alternative implementation approaches.
a. The department may approve on a case-by-case basis approaches to implement the
tier II or tier III metals emission limits provided by subsection 3 or 4 alternative to
monitoring the feed rate of metals in each feedstream.
b. The emission limits provided by subsection 4 must be determined as follows:
(1) For each noncarcinogenic metal, by back-calculating from the reference air
concentration provided in appendix XIX of chapter 33.1-24-05 to determine the
allowable emission rate for each metal using the dilution factor for the maximum
annual average ground level concentration predicted by dispersion modeling in
conformance with subsection 8; and
(2) For each carcinogenic metal by:
(a) Back-calculating from the risk-specific dose provided in appendix XX of chapter
metal were the only carcinogenic metal emitted using the dilution factor for the
maximum annual average ground level concentration predicted by dispersion
modeling in conformance with subsection 8; and

(b) If more than one carcinogenic metal is emitted, selecting an emission limit for
each carcinogenic metal not to exceed the emission rate determined by
subparagraph a such that the sum for all carcinogenic metals of the ratios of
the selected emission limit to the emission rate determined by that
subparagraph does not exceed 1.0.
7. Emission testing.
a. General. Emission testing for metals shall be conducted using method 0060,
"Determinations of Metals in Stack Emissions", environmental protection agency
publication SW-846, incorporated by reference in section 33.1-24-01-05.
b. Hexavalent chromium. Emissions of chromium are assumed to be hexavalent chromium
unless the owner or operator conducts emissions testing to determine hexavalent
chromium emissions using procedures prescribed in method 0061, "Determination of
Hexavalent Chromium Emissions from Stationary Sources", environmental protection
agency publication SW-846, incorporated by reference in section 33.1-24-01-05.
8. Dispersion modeling. Dispersion modeling required under this section shall be conducted
according to methods recommended in appendix W of 40 CFR part 51 ("Guidelines on Air
Quality Models (Revised)" (1986) and its supplements), the "Hazardous Waste Combustion
Air Quality Screening Procedure" provided in appendix XXIV of chapter 33.1-24-05, or in
"Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, revised"
(incorporated by reference in section 33.1-24-01-05) to predict the maximum annual average
offsite ground level concentration. However, onsite concentrations must be considered when a
person resides onsite.
9. Enforcement. For the purposes of permit enforcement, compliance with the operating
requirements specified in the permit (under section 33.1-24-05-527) will be regarded as
compliance with this section. However, evidence that compliance with those permit conditions
is insufficient to ensure compliance with the requirements of this section may be "information"
justifying modification or revocation and reissuance of a permit under section 33.1-24-06-12.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08, 23.1-04-15; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-532. Standards to control hydrogen chloride (HCl) and chlorine gas (Cl ).

1. General. The owner or operator must comply with the hydrogen chloride and chlorine controls
provided by subsection 2, 3, or 5.
2. Screening limits.
a. Tier I feed rate screening limits. Feed rate screening limits are specified for total chlorine
in appendix XVII as a function of terrain-adjusted effective stack height and terrain and
land use in the vicinity of the facility. The feed rate of total chlorine and chloride, both
organic and inorganic, in all feedstreams, including hazardous waste, fuels, and industrial
furnace feedstocks, shall not exceed the levels specified.
b. Tier II emission rate screening limits. Emission rates screening limits for hydrogen
chloride and chlorine are specified in appendix XVIII as a function of terrain-adjusted
effective stack height and terrain and land use in the vicinity of the facility. The stack
emission rates of hydrogen chloride and chlorine shall not exceed the levels specified.
c. Definitions and limitations. The definitions and limitations provided by subsection 2 of
section 33.1-24-05-531 for the following terms also apply to the screening limits provided

by this subsection: terrain-adjusted effective stack height, good engineering practice
stack height, terrain type, land use, and criteria for facilities not eligible to use the
screening limits.
d. Multiple stacks. Owners and operators of facilities with more than one onsite stack from a
boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on
hydrogen chloride or chlorine emissions under a hazardous waste operating permit or
interim status controls must comply with the tier I and tier II screening limits for those
stacks assuming all hazardous waste is fed into the device with the worst-case stack
based on dispersion characteristics.
(1) The worst-case stack is determined by procedures provided in subdivision f of
subsection 2 of section 33.1-24-05-531.
(2) Under tier I, the total feed rate of chlorine and chloride to all subject devices shall
not exceed the screening limit for the worst-case stack.
(3) Under tier II, the total emissions of hydrogen chloride and chlorine from all subject
stacks shall not exceed the screening limit for the worst-case stack.
3. Tier III site-specific risk assessments.
a. General. Conformance with the tier III controls must be demonstrated by emissions
testing to determine the emission rate for hydrogen chloride and chlorine, air dispersion
modeling to predict the maximum annual average offsite ground level concentration for
each compound, and a demonstration that acceptable ambient levels are not exceeded.
b. Acceptable ambient levels. Appendix XIX of chapter 33.1-24-05 lists the reference air
concentrations for hydrogen chloride (7 micrograms per cubic meter) and chlorine (0.4
micrograms per cubic meter).
c. Multiple stacks. Owners and operators of facilities with more than one onsite stack from a
boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on
hydrogen chloride or chlorine emissions under a hazardous waste operating permit or
interim status controls must conduct emissions testing and dispersion modeling to
demonstrate that the aggregate emissions from all such onsite stacks do not result in an
exceedance of the acceptable ambient levels for hydrogen chloride and chlorine.
4. Averaging periods. The hydrogen chloride and chlorine controls are implemented by limiting
the feed rate of total chlorine and chloride in all feedstreams, including hazardous waste,
fuels, and industrial furnace feedstocks. Under tier I, the feed rate of total chloride and
chlorine is limited to the tier I screening limits. Under tier II and tier III, the feed rate of total
chloride and chlorine is limited to the feed rates during the trial burn (for new facilities or an
interim status facility applying for a permit) or the compliance test (for interim status facilities).
The feed rate limits are based on either:
a. An hourly rolling average as defined in subdivision f of subsection 5 of section
33.1-24-05-527; or
b. An instantaneous basis not to be exceeded at any time.
5. Adjusted tier I feed rate screening limits. The owner or operator may adjust the feed rate
screening limit provided by appendix XVII of chapter 33.1-24-05 to account for site-specific
dispersion modeling. Under this approach, the adjusted feed rate screening limit is determined
by back-calculating from the acceptable ambient level for chlorine provided by appendix XIX of
chapter 33.1-24-05 using dispersion modeling to determine the maximum allowable emission
rate. This emission rate becomes the adjusted tier I feed rate screening limit.

6. Emissions testing. Emissions testing for hydrogen chloride and chlorine shall be conducted
using the procedures described in methods 0050 or 0051, environmental protection agency
publication SW-846, incorporated by reference in section 33.1-24-01-05.
7. Dispersion modeling. Dispersion modeling shall be conducted according to the provisions of
subsection 8 of section 33.1-24-05-531.
8. Enforcement. For the purposes of permit enforcement, compliance with the operating
requirements specified in the permit (under section 33.1-24-05-527) will be regarded as
compliance with this section. However, evidence that compliance with those permit conditions
is insufficient to ensure compliance with the requirements of this section may be "information"
justifying modification or revocation and reissuance of a permit under section 33.1-24-06-12.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08, 23.1-04-15; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-533. Small quantity onsite burner exemption.

1. Exempt quantities. Owners and operators of facilities that burn hazardous waste in an onsite
boiler or industrial furnace are exempt from the requirements of sections 33.1-24-05-525
through 33.1-24-05-549 provided that:
a. The quantity of hazardous waste burned in a device for a calendar month does not
exceed the limits provided in the following table based on the terrain-adjusted effective
stack height as defined in subdivision c of subsection 2 of section 33.1-24-05-531:
Exempt Quantities for Small Quantity Burner Exemption
Terrain-Adjusted Allowable Hazardous Terrain-Adjusted Allowable Hazardous
Effective Stack Height Waste Burning Rate Effective Stack Height Waste Burning Rate
of Device (Meters) (Gallons/Month) of Device (Meters) (Gallons/Month)
0 to 3.9 0 40.0 to 44.9 210
4.0 to 5.9 13 45.0 to 49.9 260
6.0 to 7.9 18 50.0 to 54.9 330
8.0 to 9.9 27 55.0 to 59.9 400
10.0 to 11.9 40 60.0 to 64.9 490
12.0 to 13.9 48 65.0 to 69.9 610
14.0 to 15.9 59 70.0 to 74.9 680
16.0 to 17.9 69 75.0 to 79.9 760
18.0 to 19.9 76 80.0 to 84.9 850
20.0 to 21.9 84 85.0 to 89.9 960
22.0 to 23.9 93 90.0 to 94.9 1,100
24.0 to 25.9 100 95.0 to 99.9 1,200
26.0 to 27.9 110 100.0 to 104.9 1,300
28.0 to 29.9 130 105.0 to 109.9 1,500
30.0 to 34.9 140 110.0 to 114.9 1,700
35.0 to 39.9 170 115.0 or greater 1,900

b. The maximum hazardous waste firing rate does not exceed at any time one percent of
the total fuel requirements for the device (hazardous waste plus other fuel) on a total
heat input or mass input basis, whichever results in the lower mass feed rate of
hazardous waste;
c. The hazardous waste has a minimum heating value of five thousand British thermal units
per pound as generated; and
d. The hazardous waste fuel does not contain (and is not derived from) hazardous waste
number F020, F021, F022, F023, F026, or F027.
2. Mixing with nonhazardous fuels. If hazardous waste fuel is mixed with a nonhazardous fuel,
the quantity of hazardous waste before such mixing is used to comply with subsection 1.
3. Multiple stacks. If an owner or operator burns hazardous waste in more than one onsite boiler
or industrial furnace exempt under this section, the quantity limits provided by subdivision a of
subsection 1 are implemented according to the following equation:
where:
n = number of stacks;
Actual quantity burned means the waste quantity burned per month in device "i";
Allowable quantity burned means the maximum allowable exempt quantity for stack "i" from
the table in subdivision a of subsection 1.
Note: Hazardous wastes that are subject to the special requirements for very small quantity
generators under section 33.1-24-03-26 may be burned in an offsite device under the
exemption provided by section 33.1-24-05-533, but must be included in the quantity
determination for the exemption.
4. Notification requirements. The owner or operator of facilities qualifying for the small quantity
burner exemption under this section must provide a one-time signed, written notice to the
department indicating the following:
a. The combustion unit is operating as a small quantity burner of hazardous waste;
b. The owner and operator are in compliance with the requirements of this section; and
c. The maximum quantity of hazardous waste that the facility may burn per month as
provided by subdivision a of subsection 1.
5. Recordkeeping requirements. The owner or operator must maintain at the facility for at least
three years sufficient records documenting compliance with the hazardous waste quantity,
firing rate, and heating value limits. At a minimum, these records must indicate the quantity of
hazardous waste and other fuel burned in each unit per calendar month, and the heating
value of the hazardous waste.
History: Effective January 1, 2019; amended effective July 1, 2021.
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

### § 33.1-24-05-534. Low-risk waste exemption.

1. Waiver of destruction and removal efficiency standard. The destruction and removal
efficiency standard of subsection 1 of section 33.1-24-05-529 does not apply if the boiler or
industrial furnace is operated in conformance with subdivision a of subsection 1 and the owner
or operator demonstrates by procedures prescribed in subdivision b of subsection 1 that the
burning will not result in unacceptable adverse health effects.
a. The device shall be operated as follows:
(1) A minimum of fifty percent of fuel fired to the device shall be fossil fuel, fuels derived
from fossil fuel, tall oil, or, if approved by the department on a case-by-case basis,
other nonhazardous fuel with combustion characteristics comparable to fossil fuel.
Such fuels are termed "primary fuel" for purposes of this section. (Tall oil is a fuel
derived from vegetable and rosin fatty acids.) The fifty percent primary fuel firing
rate shall be determined on a total heat or mass input basis, whichever results in the
greater mass feed rate of primary fuel fired;
(2) Primary fuels and hazardous waste fuels shall have a minimum as-fired heating
value of eight thousand British thermal units per pound;
(3) The hazardous waste is fired directly into the primary fuel flame zone of the
combustion chamber; and
(4) The device operates in conformance with the carbon monoxide controls provided by
subdivision a of subsection 2 of section 33.1-24-05-529. Devices subject to the
exemption provided by this section are not eligible for the alternative carbon
monoxide controls provided by subsection 3 of section 33.1-24-05-529.
b. Procedures to demonstrate that the hazardous waste burning will not pose unacceptable
adverse public health effects are as follows:
(1) Identify and quantify those nonmetal compounds listed in appendix V of chapter
waste. The constituents excluded from analysis must be identified and the basis for
their exclusion explained.
(2) Calculate reasonable, worst-case emission rates for each constituent identified in
paragraph 1 by assuming the device achieves 99.9 percent destruction and removal
efficiency. That is, assume that 0.1 percent of the mass weight of each constituent
fed to the device is emitted.
(3) For each constituent identified in paragraph 1, use emissions dispersion modeling to
predict the maximum annual average ground level concentration of the constituent.
(a) Dispersion modeling shall be conducted using methods specified in
subsection 8 of section 33.1-24-05-531.
(b) Owners and operators of facilities with more than one onsite stack from a
boiler or industrial furnace that is exempt under this section must conduct
dispersion modeling of emissions from all stacks exempt under this section to
predict ambient levels prescribed by this subdivision.
(4) Ground level concentrations of constituents predicted under paragraph 3 must not
exceed the following levels:

(a) For the noncarcinogenic compounds listed in appendix XIX of chapter
33.1-24-05, the levels established in appendix XIX of chapter 33.1-24-05;
(b) For the carcinogenic compounds listed in appendix XX of chapter 33.1-24-05,
the sum for all constituents of the ratios of the actual ground level
concentration to the level established in appendix XX of chapter 33.1-24-05
cannot exceed 1.0; and
(c) For constituents not listed in appendix XIX or XX of chapter 33.1-24-05,
0.1 micrograms per cubic meter.
2. Waiver of particulate matter standard. The particulate matter standard of section
a. The destruction and removal efficiency standard is waived under subsection 1; and
b. The owner or operator complies with the tier I or adjusted tier I metals feed rate
screening limits provided by subsection 2 or 5 of section 33.1-24-05-531.
History: Effective January 1, 2019.
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
### § 33.1-24-05-535. Waiver of destruction and removal efficiency trial burn for boilers.

Boilers that operate under the special requirements of this section, and that do not burn hazardous
waste containing (or derived from) hazardous waste number F020, F021, F022, F023, F026, or F027,
are considered to be in conformance with the destruction and removal efficiency standard of
subsection 1 of section 33.1-24-05-529, and a trial burn to demonstrate destruction and removal
efficiency is waived. When burning hazardous waste:
1. A minimum of fifty percent of fuel fired to the device shall be fossil fuel, fuels derived from
fossil fuel, tall oil, or, if approved by the department on a case-by-case basis, other
nonhazardous fuel with combustion characteristics comparable to fossil fuel. Such fuels are
termed "primary fuel" for purposes of this section. (Tall oil is a fuel derived from vegetable and
rosin fatty acids.) The fifty percent primary fuel firing rate shall be determined on a total heat or
mass input basis, whichever results in the greater mass feed rate of primary fuel fired;
2. Boiler load shall not be less than forty percent. Boiler load is the ratio at any time of the total
heat input to the maximum design heat input;
3. Primary fuels and hazardous waste fuels shall have a minimum as-fired heating value of eight
thousand British thermal units per pound, and each material fired in a burner where hazardous
waste is fired must have a heating value of at least eight thousand British thermal units per
pound, as-fired;
4. The device shall operate in conformance with the carbon monoxide standard provided by
subdivision a of subsection 2 of section 33.1-24-05-529. Boilers subject to the waiver of the
destruction and removal efficiency trial burn provided by this section are not eligible for the
alternative carbon monoxide standard provided by subsection 3 of section 33.1-24-05-529;
5. The boiler must be a watertube type boiler that does not feed fuel using a stoker or stoker type
machanism; and
6. The hazardous waste shall be fired directly into the primary fuel flame zone of the combustion
chamber with an air or steam atomization firing system, mechanical atomization system, or a
rotary cup atomization system under the following conditions:

a. Viscosity. The viscosity of the hazardous waste fuel as-fired shall not exceed three
hundred SSU;
b. Particle size. When a high pressure air or steam atomizer, low pressure atomizer, or
mechanical atomizer is used, seventy percent of the hazardous waste fuel must pass
through a 200 mesh (74 micron) screen, and when a rotary cup atomizer is used,
seventy percent of the hazardous waste must pass through a 100 mesh (150 micron)
screen;
c. Mechanical atomization systems. Fuel pressure within a mechanical atomization system
and fuel flow rate shall be maintained within the design range taking into account the
viscosity and volatility of the fuel;
d. Rotary cup atomization systems. Fuel flow rate through a rotary cup atomization system
must be maintained within the design range taking into account the viscosity and volatility
of the fuel.
History: Effective January 1, 2019.
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
### § 33.1-24-05-536. Standards for direct transfer.

1. Applicability. The regulations in this section apply to owners and operators of boilers and
industrial furnaces subject to section 33.1-24-05-527 or 33.1-24-05-528 if hazardous waste is
directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a
storage unit.
2. Definitions.
a. When used in this section, the following terms have the meanings given below:
(1) Direct transfer equipment means any device (including such devices as piping,
fittings, flanges, valves, and pumps) that is used to distribute, meter, or control the
flow of hazardous waste between a container (for example, transport vehicle) and a
boiler or industrial furnace.
(2) Container means any portable device in which hazardous waste is transported,
stored, treated, or otherwise handled, and includes transport vehicles that are
containers themselves (for example, tank trucks, tanker-trailers, and rail tank cars),
and containers placed on or in a transport vehicle.
b. This section references several requirements provided in sections 33.1-24-05-89 through
the term "tank systems" in those referenced requirements means direct transfer
equipment as defined in subdivision a.
3. General operating requirements.
a. No direct transfer of a pumpable hazardous waste shall be conducted from an open-top
container to a boiler or industrial furnace.
b. Direct transfer equipment used for pumpable hazardous waste shall always be closed,
except when necessary to add or remove the waste, and shall not be opened, handled,
or stored in a manner that may cause any rupture or leak.

c. The direct transfer of hazardous waste to a boiler or industrial furnace shall be conducted
so that it does not:
(1) Generate extreme heat or pressure, fire, explosion, or violent reaction;
(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to
threaten human health;
(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a
risk of fire or explosions;
(4) Damage the structural integrity of the container or direct transfer equipment
containing the waste;
(5) Adversely affect the capability of the boiler or industrial furnace to meet the
standards provided by sections 33.1-24-05-529 through 33.1-24-05-632; or
(6) Threaten human health or the environment.
d. Hazardous waste shall not be placed in direct transfer equipment if it could cause the
equipment or its secondary containment system to rupture, leak, corrode, or otherwise
fail.
e. The owner or operator of the facility shall use appropriate controls and practices to
prevent spills and overflows from the direct transfer equipment or its secondary
containment systems. These include at a minimum:
(1) Spill prevention controls (for example, check valves, dry discount couplings); and
(2) Automatic waste feed cutoff to use if a leak or spill occurs from the direct transfer
equipment.
4. Areas where direct transfer vehicles (containers) are located. Applying the definition of
container under this section, owners and operators must comply with the following
requirements:
a. The containment requirements of section 33.1-24-05-94;
b. The use and management requirements of sections 33.1-24-05-89 through
and except that in lieu of the special requirements of section 33.1-24-05-95 for ignitable
or reactive waste, the owner or operator may comply with the requirements for the
maintenance of protective distances between the waste management area and any
public ways, streets, alleys, or an adjacent property line that can be built upon as
required in tables 2-1 through 2-6 of the National Fire Protection Association's (NFPA)
"Flammable and Combustible Liquids Code", (1977 or 1981), as incorporated by
reference, see section 33.1-24-01-05. The owner or operator must obtain and keep on
file at the facility a written certification by the local fire marshal that the installation meets
the subject National Fire Protection Association codes; and
c. The closure requirements of section 33.1-24-05-97.
5. Direct transfer equipment. Direct transfer equipment must meet the following requirements:
a. Secondary containment. Owners and operators shall comply with the secondary
containment requirements of section 33.1-24-05-106, except for subsections 1, 4, 5,
and 9:

(1) For all new direct transfer equipment, prior to their being put into service; and
(2) For existing direct transfer equipment within two years after August 21, 1991.
b. Requirements prior to meeting secondary containment requirements.
(1) For existing direct transfer equipment that does not have secondary containment,
the owner or operator shall determine whether the equipment is leaking or is unfit
for use. The owner or operator shall obtain and keep on file at the facility a written
assessment reviewed and certified by a qualified, registered professional engineer
in accordance with subsection 4 of section 33.1-24-06-02 that attests to the
equipment's integrity by August 21, 1992.
(2) This assessment shall determine whether the direct transfer equipment is
adequately designed and has sufficient structural strength and compatibility with the
waste or wastes to be transferred to ensure that it will not collapse, rupture, or fail.
At a minimum, this assessment shall consider the following:
(a) Design standard or standards, if available according to which the direct
transfer equipment was constructed;
(b) Hazardous characteristics of the waste or wastes that have been or will be
handled;
(c) Existing corrosion protection measures;
(d) Documented age of the equipment, if available, (otherwise, an estimate of the
age); and
(e) Results of a leak test or other integrity examination such that the effects of
temperature variations, vapor pockets, cracks, leaks, corrosion, and erosion
are accounted for.
(3) If, as a result of the assessment specified above, the direct transfer equipment is
found to be leaking or unfit for use, the owner or operator shall comply with the
requirements of subsections 1 and 2 of section 33.1-24-05-109.
c. Inspections and recordkeeping.
(1) The owner or operator must inspect at least once each operating hour when
hazardous waste is being transferred from the transport vehicle (container) to the
boiler or industrial furnace:
(a) Overfill/spill control equipment (for example, waste-feed cutoff systems, bypass
systems, and drainage systems) to ensure that it is in good working order;
(b) The aboveground portions of the direct transfer equipment to detect corrosion,
erosion, or releases of waste (for example, wet spots, dead vegetation); and
(c) Data gathered from monitoring equipment and leak-detection equipment (for
example, pressure and temperature gauges) to ensure that the direct transfer
equipment is being operated according to its design.
(2) The owner or operator must inspect cathodic protection systems, if used, to ensure
that they are functioning properly according to the schedule provided by
subsection 6 of section 33.1-24-05-108.

(3) Records of inspections made under this subdivision shall be maintained in the
operating record at the facility, and available for inspection for at least three years
from the date of the inspection.
d. Design and installation of new ancillary equipment. Owners and operators must comply
with the requirements of section 33.1-24-05-105.
e. Response to leaks or spills. Owners and operators must comply with the requirements of
section 33.1-24-05-109.
f. Closure. Owners and operators must comply with the requirements of section
History: Effective January 1, 2019.
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
### § 33.1-24-05-537. Regulation of residues.

A residue derived from the burning or processing of hazardous waste in a boiler or industrial
furnace is not excluded from the definition of a hazardous waste under subdivision d, g, or h of
subsection 2 of section 33.1-24-02-04 unless the device and the owner or operator meet the following
requirements:
1. The device meets the following criteria:
a. Boilers. Boilers must burn at least fifty percent coal on a total heat input or mass input
basis, whichever results in the greater mass feed rate of coal;
b. Ore or mineral furnaces. Industrial furnaces subject to subdivision g of subsection 2 of
section 33.1-24-02-04 must process at least fifty percent by weight normal,
nonhazardous raw materials; and
c. Cement kilns. Cement kilns must process at least fifty percent by weight normal
cement-production raw materials;
2. The owner or operator demonstrates that the hazardous waste does not significantly affect the
residue by demonstrating conformance with either of the following criteria:
a. Comparison of waste-derived residue with normal residue. The waste-derived residue
must not contain appendix V of chapter 33.1-24-02 constituents (toxic constituents) that
could reasonably be attributable to the hazardous waste at concentrations significantly
higher than in residue generated without burning or processing of hazardous waste,
using the following procedure. Toxic compounds that could reasonably be attributable to
burning or processing the hazardous waste (constituents of concern) include toxic
constituents in the hazardous waste, and the organic compounds listed in appendix XXIII
of chapter 33.1-24-05 that may be generated as products of incomplete combustion. For
polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be
performed to determine specific congeners and homologues, and the results converted
to 2,3,7,8-TCDD equivalent values using the procedure specified in section 4.0 of
appendix XXIV of chapter 33.1-24-05.
(1) Normal residue. Concentrations of toxic constituents of concern in normal residue
shall be determined based on analyses of a minimum of ten samples representing a
minimum of ten days of operation. Composite samples may be used to develop a
sample for analysis provided that the compositing period does not exceed
twenty-four hours. The upper tolerance limit (at ninety-five percent confidence with a

ninety-five percent proportion of the sample distribution) of the concentration in the
normal residue shall be considered the statistically derived concentration in the
normal residue. If changes in raw materials or fuels reduce the statistically derived
concentrations of the toxic constituents of concern in the normal residue, the
statistically derived concentrations must be revised or statistically derived
concentrations of toxic constituents in normal residue must be established for a new
mode of operation with the new raw material or fuel. To determine the upper
tolerance limit in the normal residue, the owner or operator shall use statistical
procedures prescribed in "Statistical Methodology for Bevill Residue
Determinations" in appendix XXIV of chapter 33.1-24-05;
(2) Waste-derived residue. Waste-derived residue shall be sampled and analyzed as
often as necessary to determine whether the residue generated during each
twenty-four-hour period has concentrations of toxic constituents that are higher than
the concentrations established for the normal residue under paragraph 1. If so,
hazardous waste burning has significantly affected the residue and the residue shall
not be excluded from the definition of a hazardous waste. Concentrations of toxic
constituents of concern in the waste-derived residue shall be determined based on
analysis of one or more samples obtained over a twenty-four-hour period. Multiple
samples may be analyzed, and multiple samples may be taken to form a composite
sample for analysis provided that the sampling period does not exceed twenty-four
hours. If more than one sample is analyzed to characterize waste-derived residues
generated over a twenty-four-hour period, the concentration of each toxic
constituent shall be the arithmetic mean of the concentrations in the samples. No
results may be disregarded; or
b. Comparison of waste-derived residue concentrations with health-based limits.
(1) Nonmetal constituents. The concentration of each nonmetal toxic constituent of
concern (specified in subdivision a) in the waste-derived residue must not exceed
the health-based level specified in appendix XXII of chapter 33.1-24-05, or the level
of detection, whichever is higher. If a health-based limit for a constituent of concern
is not listed in appendix XXII of chapter 33.1-24-05, then a limit of 0.002 micrograms
per kilogram or the level of detection (which must be determined by using
appropriate analytical procedures), whichever is higher, must be used. The levels
specified in appendix XXII of chapter 33.1-24-05 (and the default level of 0.002
micrograms per kilogram or the level of detection for constituents as identified in
note 1 of appendix XXII of chapter 33.1-24-05) are administratively stayed under the
condition, for those constituents specified in subdivision a, that the owner or
operator complies with alternative levels defined as the land disposal restriction
limits specified in section 33.1-24-05-283 for F039 nonwastewaters. In complying
with those alternative levels, if an owner or operator is unable to detect a constituent
despite documenting use of best good-faith efforts as defined by applicable
department guidance or standards, the owner or operator is deemed to be in
compliance for that constituent. Until new guidance or standards are developed, the
owner or operator may demonstrate such good-faith efforts by achieving a detection
limit for the constituent that does not exceed an order of magnitude above the level
provided by section 33.1-24-05-283 for F039 nonwastewaters. In complying with the
section 33.1-24-05-283 F039 nonwastewater levels for polychlorinated
dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be performed
for total hexachlorodibenzo-p-dioxins, total hexachlorodibenzofurans, total
pentachlorodibenzo-p-dioxins, total pentachlorodibenzofurans, total
tetrachlorodibenzo-p-dioxins, and total tetrachlorodibenzofurans;

(2) Metal constituents. The concentration of metals in an extract obtained using the
toxicity characteristic leaching procedure of section 33.1-24-02-14 must not exceed
the levels specified in appendix XXII of chapter 33.1-24-05; and
(3) Sampling and analysis. Waste-derived residue shall be sampled and analyzed as
often as necessary to determine whether the residue generated during each
twenty-four-hour period has concentrations of toxic constituents that are higher than
the health-based levels. Concentrations of toxic constituents of concern in the
waste-derived residue shall be determined based on analysis of one or more
samples obtained over a twenty-four-hour period. Multiple samples may be
analyzed, and multiple samples may be taken to form a composite sample for
analysis provided that the sampling period does not exceed twenty-four hours. If
more than one sample is analyzed to characterize waste-derived residues
generated over a twenty-four-hour period, the concentration of each toxic
constituent shall be the arithmetic mean of the concentrations in the samples. No
results may be disregarded.
3. Records sufficient to document compliance with the provisions must be retained until closure
of the boiler or industrial furnace unit. At a minimum, the following shall be recorded:
a. Levels of constituents in appendix V of chapter 33.1-24-02, that are present in
waste-derived residues; and
b. If the waste-derived residue is compared with normal residue under subdivision a of
subsection 2:
(1) The levels of constituents in appendix V of chapter 33.1-24-02, that are present in
normal residues; and
(2) Data and information, including analyses of samples as necessary, obtained to
determine if changes in raw materials or fuels would reduce the concentration of
toxic constituents of concern in the normal residue.
History: Effective January 1, 2019.
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
### § 33.1-24-05-538. [Reserved].

### § 33.1-24-05-539. [Reserved].

### § 33.1-24-05-540. [Reserved].

### § 33.1-24-05-541. [Reserved].

### § 33.1-24-05-542. [Reserved].

### § 33.1-24-05-543. [Reserved].

### § 33.1-24-05-544. [Reserved].

### § 33.1-24-05-545. [Reserved].


### § 33.1-24-05-546. [Reserved].

### § 33.1-24-05-547. [Reserved].

### § 33.1-24-05-548. [Reserved].

### § 33.1-24-05-549. [Reserved].

### § 33.1-24-05-550. Applicability of corrective action management unit regulations.

1. Except as provided in subsection 2, corrective action management units are subject to the
requirements of section 33.1-24-05-552.
2. Corrective action management units that were approved before April 22, 2002, or for which
substantially complete applications (or equivalents) were submitted to the department on or
before November 20, 2000, are subject to the requirements in section 33.1-24-05-551 for
grandfathered corrective action management units; corrective action management unit waste,
activities, and design will not be subject to the standards in section 33.1-24-05-552, so long as
the waste, activities, and design remain within the general scope of the corrective action
management unit as approved.
History: Effective January 1, 2019.
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
### § 33.1-24-05-551. Grandfathered corrective action management units.

1. To implement remedies under section 33.1-24-05-58 or Resource Conservation and Recovery
Act section 3008(h), or to implement remedies at a permitted facility that is not subject to
section 33.1-24-05-58, the department may designate an area at the facility as a corrective
action management unit under the requirements of this section. Corrective action
management unit means an area within a facility that is used only for managing remediation
wastes for implementing corrective action or cleanup at the facility. A corrective action
management unit must be located within the contiguous property under the control of the
owner or operator where the wastes to be managed in the corrective action management unit
originated. One or more corrective action management units may be designated at a facility.
a. Placement of remediation wastes into or within a corrective action management unit does
not constitute land disposal of hazardous wastes.
b. Consolidation or placement of remediation wastes into or within a corrective action
management unit does not constitute creation of a unit subject to minimum technology
requirements.
2. The department may designate a regulated unit as a corrective action management unit in
accordance with the following:
a. The department may designate a regulated unit (as defined in subdivision b of
subsection 1 of section 33.1-24-05-47) as a corrective action management unit, or may
incorporate a regulated unit into a corrective action management unit, if:
(1) The regulated unit is closed or closing, meaning it has begun the closure process
under section 33.1-24-05-62; and

(2) Inclusion of the regulated unit will enhance implementation of effective, protective,
and reliable remedial actions for the facility.
b. The sections 33.1-24-05-47 through 33.1-24-05-88 requirements and the unit-specific
requirements of 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
the corrective action management unit after incorporation into the corrective action
management unit.
3. The department shall designate a corrective action management unit in accordance with the
following:
a. The corrective action management unit shall facilitate the implementation of reliable,
effective, protective, and cost-effective remedies;
b. Waste management activities associated with the corrective action management unit
shall not create unacceptable risks to humans or to the environment resulting from
exposure to hazardous wastes or hazardous constituents;
c. The corrective action management unit may include uncontaminated areas of the facility,
only if including such areas for the purpose of managing remediation waste is more
protective than management of such wastes at contaminated areas of the facility;
d. Areas within the corrective action management unit, where wastes remain in place after
closure of the corrective action management unit, shall be managed and contained so as
to minimize future releases, to the extent practicable;
e. The corrective action management unit shall expedite the timing of remedial activity
implementation, when appropriate and practicable;
f. The corrective action management unit shall enable the use, when appropriate, of
treatment technologies (including innovative technologies) to enhance the long-term
effectiveness of remedial actions by reducing the toxicity, mobility, or volume of wastes
that will remain in place after closure of the corrective action management unit; and
g. The corrective action management unit shall, to the extent practicable, minimize the land
area of the facility upon which wastes will remain in place after closure of the corrective
action management unit.
4. The owner or operator shall provide sufficient information to enable the department to
designate a corrective action management unit in accordance with the criteria in section
33.1-24-05-552.
5. The department shall specify, in the permit or order, requirements for corrective action
management units to include the following:
a. The areal configuration of the corrective action management unit.
b. Requirements for remediation waste management to include the specification of
applicable design, operation, and closure requirements.
c. Requirements for ground water monitoring that are sufficient to:
(1) Continue to detect and to characterize the nature, extent, concentration, direction,
and movement of existing releases of hazardous constituents in ground water from
sources located within the corrective action management unit; and

(2) Detect and subsequently characterize releases of hazardous constituents to ground
water that may occur from areas of the corrective action management unit in which
wastes will remain in place after closure of the corrective action management unit.
d. Closure and postclosure requirements.
(1) Closure of corrective action management units shall:
(a) Minimize the need for further maintenance; and
(b) Control, minimize, or eliminate, to the extent necessary to protect human
health and the environment, for areas where wastes remain in place,
postclosure escape of hazardous waste, hazardous constituents, leachate,
contaminated runoff, or hazardous waste decomposition products to the
ground, to surface waters, or to the atmosphere.
(2) Requirements for closure of corrective action management units shall include the
following, as appropriate and as deemed necessary by the department for a given
corrective action management unit:
(a) Requirements for excavation, removal, treatment, or containment of wastes;
(b) For areas in which wastes will remain after closure of the corrective action
management unit, requirements for capping of such areas; and
(c) Requirements for removal and decontamination of equipment, devices, and
structures used in remediation waste management activities within the
corrective action management unit.
(3) In establishing specific closure requirements for corrective action management units
under this subsection, the department shall consider the following factors:
(a) Corrective action management unit characteristics;
(b) Volume of wastes which remain in place after closure;
(c) Potential for releases from the corrective action management unit;
(d) Physical and chemical characteristics of the waste;
(e) Hydrogeological and other relevant environmental conditions at the facility
which may influence the migration of any potential or actual releases; and
(f) Potential for exposure of humans and environmental receptors if releases were
to occur from the corrective action management unit.
(4) Postclosure requirements as necessary to protect human health and the
environment, to include, for areas where wastes will remain in place, monitoring and
maintenance activities, and the frequency with which such activities shall be
performed to ensure the integrity of any cap, final cover, or other containment
system.
6. The department shall document the rationale for designating corrective action management
units and shall make such documentation available to the public.
7. Incorporation of a corrective action management unit into an existing permit must be approved
by the department according to the procedures for department-initiated permit modifications

under section 33.1-24-06-12, or according to the permit modification procedures of section
33.1-24-06-14.
8. The designation of a corrective action management unit does not change the department's
existing authority to address cleanup levels, media-specific points of compliance to be applied
to remediation at a facility, or other remedy selection decisions.
History: Effective January 1, 2019.
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
### § 33.1-24-05-552. Corrective action management unit.

1. To implement remedies under section 33.1-24-05-58 or Resource Conservation and Recovery
Act section 3008(h), or to implement remedies at a permitted facility that is not subject to
section 33.1-24-05-58, the department may designate an area at the facility as a corrective
action management unit under the requirements in this section. Corrective action
management unit means an area within a facility that is used only for managing corrective
action management unit-eligible wastes for implementing corrective action or cleanup at the
facility. A corrective action management unit must be located within the contiguous property
under the control of the owner or operator where the wastes to be managed in the corrective
action management unit originated. One or more corrective action management units may be
designated at a facility.
a. Corrective action management unit-eligible waste means:
(1) All solid and hazardous wastes, and all media (including ground water, surface
water, soils, and sediments) and debris, that are managed for implementing
cleanup. As-generated wastes (either hazardous or nonhazardous) from ongoing
industrial operations at a site are not corrective action management unit-eligible
wastes.
(2) Wastes that would otherwise meet the description in paragraph 1 are not "corrective
action management unit-eligible wastes" where:
(a) The wastes are hazardous wastes found during cleanup in intact or
substantially intact containers, tanks, or other nonland-based units found
aboveground, unless the wastes are first placed in the tanks, containers, or
nonland-based units as part of cleanup, or the containers or tanks are
excavated during the course of cleanup; or
(b) The department exercises the discretion in subdivision b to prohibit the wastes
from management in a corrective action management unit.
(3) Notwithstanding paragraph 1, where appropriate, as-generated nonhazardous
waste may be placed in a corrective action management unit where such waste is
being used to facilitate treatment or the performance of the corrective action
management unit.
b. The department may prohibit, where appropriate, the placement of waste in a corrective
action management unit where the department has or receives information that such
wastes have not been managed in compliance with applicable land disposal treatment
standards of sections 33.1-24-05-250 through 33.1-24-05-299, or applicable unit design
requirements of 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 applicable unit design requirements under subsection 5 of section

33.1-24-06-16, or that noncompliance with other applicable requirements of article
33.1-24 likely contributed to the release of the waste.
c. Prohibition against placing liquids in corrective action management units.
(1) The placement of bulk or noncontainerized liquid hazardous waste or free liquids
contained in hazardous waste (whether or not sorbents have been added) in any
corrective action management unit is prohibited except where placement of such
wastes facilitates the remedy selected for the waste.
(2) The requirements in subsection 3 of section 33.1-24-05-183 for placement of
containers holding free liquids in landfills apply to placement in a corrective action
management unit except where placement facilitates the remedy selected for the
waste.
(3) The placement of any liquid which is not a hazardous waste in a corrective action
management unit is prohibited unless such placement facilitates the remedy
selected for the waste or a demonstration is made pursuant to subsection 5 of
section 33.1-24-05-183.
(4) The absence or presence of free liquids in either a containerized or a bulk waste
must be determined in accordance with subsection 2 of section 33.1-24-05-183.
Sorbents used to treat free liquids in corrective action management units must meet
the requirements of subsection 4 of section 33.1-24-05-183.
d. Placement of corrective action management unit-eligible wastes into or within a
corrective action management unit does not constitute land disposal of hazardous
wastes.
e. Consolidation or placement of corrective action management unit-eligible wastes into or
within a corrective action management unit does not constitute creation of a unit subject
to minimum technology requirements.
2. Requirements for regulated units.
a. The department may designate a regulated unit (as defined in subdivision b of
subsection 1 of section 33.1-24-05-47) as a corrective action management unit, or may
incorporate a regulated unit into a corrective action management unit, if:
(1) The regulated unit is closed or closing, meaning it has begun the closure process
under section 33.1-24-05-62 or applicable requirements of subsection 5 of section
33.1-24-06-16; and
(2) Inclusion of the regulated unit will enhance implementation of effective, protective,
and reliable remedial actions for the facility.
b. The requirements of sections 33.1-24-05-47 through 33.1-24-05-88 and the unit-specific
requirements of 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 applicable requirements of subsection 5 of section 33.1-24-06-16 that
applied to the regulated unit will continue to apply to that portion of the corrective action
management unit after incorporation into the corrective action management unit.
3. The department shall designate a corrective action management unit that will be used for
storage or treatment, or both, only in accordance with subsection 6. The department shall
designate all other corrective action management units in accordance with the following:

a. The corrective action management unit shall facilitate the implementation of reliable,
effective, protective, and cost-effective remedies;
b. Waste management activities associated with the corrective action management unit
shall not create unacceptable risks to humans or to the environment resulting from
exposure to hazardous wastes or hazardous constituents;
c. The corrective action management unit shall include uncontaminated areas of the facility,
only if including such areas for the purpose of managing corrective action management
unit-eligible waste is more protective than management of such wastes at contaminated
areas of the facility;
d. Areas within the corrective action management unit, where wastes remain in place after
closure of the corrective action management unit, shall be managed and contained so as
to minimize future releases, to the extent practicable;
e. The corrective action management unit shall expedite the timing of remedial activity
implementation, when appropriate and practicable;
f. The corrective action management unit shall enable the use, when appropriate, of
treatment technologies (including innovative technologies) to enhance the long-term
effectiveness of remedial actions by reducing the toxicity, mobility, or volume of wastes
that will remain in place after closure of the corrective action management unit; and
g. The corrective action management unit shall, to the extent practicable, minimize the land
area of the facility upon which wastes will remain in place after closure of the corrective
action management unit.
4. The owner or operator shall provide sufficient information to enable the department to
designate a corrective action management unit in accordance with the criteria in this section.
This must include, unless not reasonably available, information on:
a. The origin of the waste and how it was subsequently managed (including a description of
the timing and circumstances surrounding the disposal or release, or both);
b. Whether the waste was listed or identified as hazardous at the time of disposal or
release, or both; and
c. Whether the disposal or release, or both, of the waste occurred before or after the land
disposal requirements of section 33.1-24-05-250 through 33.1-24-05-299 were in effect
for the waste listing or characteristic.
5. The department shall specify, in the permit or order, requirements for corrective action
management units to include the following:
a. The areal configuration of the corrective action management unit.
b. Except as provided in subsection 7, requirements for corrective action management
unit-eligible waste management to include the specification of applicable design,
operation, treatment, and closure requirements.
c. Minimum design requirements. Corrective action management units, except as provided
in subsection 6, into which wastes are placed must be designed in accordance with the
following:
(1) Unless the department approves alternate requirements under paragraph 2,
corrective action management units that consist of new, replacement, or laterally

expanded units must include a composite liner and a leachate collection system that
is designed and constructed to maintain less than a thirty-centimeter depth of
leachate over the liner. For purposes of this paragraph, composite liner means a
system consisting of two components; the upper component must consist of a
minimum thirty mil flexible membrane liner, and the lower component must consist
of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more
than 1x10-7 centimeters per second. Flexible membrane liner components consisting
of high density polyethylene must be at least sixty mil thick. The flexible membrane
liner component must be installed in direct and uniform contact with the compacted
soil component; and
(2) Alternate requirements. The department may approve alternate requirements if:
(a) The department finds that alternate design and operating practices, together
with location characteristics, will prevent the migration of any hazardous
constituents into the ground water or surface water at least as effectively as the
liner and leachate collection systems in paragraph 1; or
(b) The corrective action management unit is to be established in an area with
existing significant levels of contamination, and the department finds that an
alternative design, including a design that does not include a liner, would
prevent migration from the unit that would exceed long-term remedial goals.
d. Minimum treatment requirements. Unless the wastes will be placed in a corrective action
management unit for storage or treatment, or both, only in accordance with subsection 6,
corrective action management unit-eligible wastes that, absent this subdivision, would be
subject to the treatment requirements of sections 33.1-24-05-250 through
33.1-24-05-299, and that the department determines contain principal hazardous
constituents must be treated to the standards specified in paragraph 3.
(1) Principal hazardous constituents are those constituents that the department
determines pose a risk to human health and the environment substantially higher
than the cleanup levels or goals at the site.
(a) In general, the department will designate as principal hazardous constituents:
[1] Carcinogens that pose a potential direct risk from ingestion or inhalation
at the site at or above 10-3; and
[2] Noncarcinogens that pose a potential direct risk from ingestion or
inhalation at the site an order of magnitude or greater over their reference
dose.
(b) The department will also designate constituents as principal hazardous
constituents, where appropriate, when risks to human health and the
environment posed by the potential migration of constituents in wastes to
ground water are substantially higher than cleanup levels or goals at the site;
when making such a designation, the department may consider such factors
as constituent concentrations, and fate and transport characteristics under site
conditions.
(c) The department may also designate other constituents as principal hazardous
constituents that the department determines pose a risk to human health and
the environment substantially higher than the cleanup levels or goals at the
site.

(2) In determining which constituents are "principal hazardous constituents", the
department must consider all constituents which, absent this subdivision, would be
subject to the treatment requirements in sections 33.1-24-05-250 through
33.1-24-05-299.
(3) Waste that the department determines contains principal hazardous constituents
must meet treatment standards determined in accordance with paragraph 4 or 5.
(4) Treatment standards for wastes placed in corrective action management units.
(a) For nonmetals, treatment must achieve ninety percent reduction in total
principal hazardous constituent concentrations, except as provided by
subparagraph c.
(b) For metals, treatment must achieve ninety percent reduction in principal
hazardous constituent concentrations as measured in leachate from the
treated waste or media (tested according to the toxicity characteristic leaching
procedure) or ninety percent reduction in total constituent concentrations
(when a metal removal treatment technology is used), except as provided by
subparagraph c.
(c) When treatment of any principal hazardous constituent to a ninety percent
reduction standard would result in a concentration less than ten times the
universal treatment standard for that constituent, treatment to achieve
constituent concentrations less than ten times the universal treatment standard
is not required. Universal treatment standards are identified in section
(d) For waste exhibiting the hazardous characteristic of ignitability, corrosivity, or
reactivity, the waste must also be treated to eliminate these characteristics.
(e) For debris, the debris must be treated in accordance with section
33.1-24-05-285, or by methods or to levels established under subparagraphs a
through d or paragraph 5, whichever the department determines is appropriate.
(f) Alternatives to toxicity characteristic leaching procedure. For metal-bearing
wastes for which metals removal treatment is not used, the department may
specify a leaching test other than the toxicity characteristic leaching procedure
(SW-846 method 1311, paragraph 5 of subdivision c of subsection 3 of section
33.1-24-01-05) to measure treatment effectiveness, provided the department
determines that an alternative leach testing protocol is appropriate for use, and
that the alternative more accurately reflects conditions at the site that affect
leaching.
(5) Adjusted standards. The department may adjust the treatment level or method in
paragraph 4 to a higher or lower level, based on one or more of the following
factors, as appropriate. The adjusted level or method must be protective of human
health and the environment:
(a) The technical impracticability of treatment to the levels or by the methods in
paragraph 4;
(b) The levels or methods in paragraph 4 would result in concentrations of
principal hazardous constituents that are significantly above or below cleanup
standards applicable to the site (established either site-specifically, or
promulgated under state or federal law);

(c) The views of the affected local community on the treatment levels or methods
in paragraph 4 as applied at the site, and, for treatment levels, the treatment
methods necessary to achieve these levels;
(d) The short-term risks presented by the onsite treatment method necessary to
achieve the levels or treatment methods in paragraph 4;
(e) The long-term protection offered by the engineering design of the corrective
action management unit and related engineering controls:
[1] Where the treatment standards in paragraph 4 are substantially met and
the principal hazardous constituents in the waste or residuals are of very
low mobility;
[2] Where cost-effective treatment has been used and the corrective action
management unit meets the article 33.1-24 liner and leachate collection
requirements for new land disposal units at subsection 3 or 4 of section
33.1-24-05-177;
[3] Where, after review of appropriate treatment technologies, the
department determines that cost-effective treatment is not reasonably
available, and the corrective action management unit meets the article
33.1-24 liner and leachate collection requirements for new land disposal
units at subsection 3 and 4 of section 33.1-24-05-177;
[4] Where cost-effective treatment has been used and the principal
hazardous constituents in the treated wastes are of very low mobility; or
[5] Where, after review of appropriate treatment technologies, the
department determines that cost-effective treatment is not reasonably
available, the principal hazardous constituents in the wastes are of very
low mobility, and either the corrective action management unit meets or
exceeds the liner standards for new, replacement, or laterally expanded
corrective action management units in paragraphs 1 and 2 of
subdivision c, or the corrective action management unit provides
substantially equivalent or greater protection.
(6) The treatment required by the treatment standards must be completed prior to, or
within a reasonable time after, placement in the corrective action management unit.
(7) For the purpose of determining whether wastes placed in corrective action
management units have met site-specific treatment standards, the department may,
as appropriate, specify a subset of the principal hazardous constituents in the waste
as analytical surrogates for determining whether treatment standards have been
met for other principal hazardous constituents. This specification will be based on
the degree of difficulty of treatment and analysis of constituents with similar
treatment properties.
e. Except as provided in subsection 6, requirements for ground water monitoring and
corrective action that are sufficient to:
(1) Continue to detect and to characterize the nature, extent, concentration, direction,
and movement of existing releases of hazardous constituents in ground water from
sources located within the corrective action management unit;
(2) Detect and subsequently characterize releases of hazardous constituents to ground
water that may occur from areas of the corrective action management unit in which

wastes will remain in place after closure of the corrective action management unit;
and
(3) Require notification to the department and corrective action as necessary to protect
human health and the environment for releases to ground water from the corrective
action management unit.
f. Except as provided in subsection 6, closure and postclosure requirements:
(1) Closure of corrective action management units shall:
(a) Minimize the need for further maintenance; and
(b) Control, minimize, or eliminate, to the extent necessary to protect human
health and the environment, for areas where wastes remain in place,
postclosure escape of hazardous waste, hazardous constituents, leachate,
contaminated runoff, or hazardous waste decomposition products to the
ground, to surface waters, or to the atmosphere.
(2) Requirements for closure of corrective action management units shall include the
following, as appropriate and as deemed necessary by the department for a given
corrective action management unit:
(a) Requirements for excavation, removal, treatment, or containment of wastes;
and
(b) Requirements for removal and decontamination of equipment, devices, and
structures used in corrective action management unit eligible waste
management activities within the corrective action management unit.
(3) In establishing specific closure requirements for corrective action management units
under this subsection, the department shall consider the following factors:
(a) Corrective action management unit characteristics;
(b) Volume of wastes which remain in place after closure;
(c) Potential for releases from the corrective action management unit;
(d) Physical and chemical characteristics of the waste;
(e) Hydrogeological and other relevant environmental conditions at the facility
which may influence the migration of any potential or actual releases; and
(f) Potential for exposure of humans and environmental receptors if releases were
to occur from the corrective action management unit.
(4) Cap requirements:
(a) At final closure of the corrective action management unit, for areas in which
wastes will remain after closure of the corrective action management unit, with
constituent concentrations at or above remedial levels or goals applicable to
the site, the owner or operator must cover the corrective action management
unit with a final cover designed and constructed to meet the following
performance criteria, except as provided in subparagraph b:
[1] Provide long-term minimization of migration of liquids through the closed
unit;

[2] Function with minimum maintenance;
[3] Promote drainage and minimize erosion or abrasion of the cover;
[4] Accommodate settling and subsidence so that the cover's integrity is
maintained; and
[5] Have a permeability less than or equal to the permeability of any bottom
liner system or natural subsoils present.
(b) The department may determine that modifications to subparagraph a are
needed to facilitate treatment or the performance of the corrective action
management unit (for example, to promote biodegradation).
(5) Postclosure requirements as necessary to protect human health and the
environment, to include, for areas where wastes will remain in place, monitoring and
maintenance activities, and the frequency with which such activities shall be
performed to ensure the integrity of any cap, final cover, or other containment
system.
6. Corrective action management units used for storage or treatment, or both, only are corrective
action management units in which wastes will not remain after closure. Such corrective action
management units must be designated in accordance with all of the requirements of this
section, except as follows:
a. Corrective action management units that are used for storage or treatment, or both, only
and that operate in accordance with the time limits established in the staging pile
regulations at paragraph 3 of subdivision a of subsection 4, subsection 8 and
subsection 9 of section 33.1-24-05-554 are subject to the requirements for staging piles
at paragraphs 1 and 2 of subdivision a of subsection 4, subdivision b of subsection 4,
subsections 5, 6, 10, and 11 of section 33.1-24-05-554 in lieu of the performance
standards and requirements for corrective action management units contained in
subsection 3 and subdivisions c through f of subsection 5.
b. Corrective action management units that are used for storage or treatment, or both, only
and that do not operate in accordance with the time limits established in the staging pile
regulations at paragraph 3 of subdivision a of subsection 4, subsections 8 and 9 of
section 33.1-24-05-554:
(1) Must operate in accordance with a time limit, established by the department, that is
no longer than necessary to achieve a timely remedy selected for the waste; and
(2) Are subject to the requirements for staging piles at paragraphs 1 and 2 of
subdivision a of subsection 4, subdivision b of subsection 4, and subsections 5, 6,
10, and 11 of section 33.1-24-05-554 in lieu of the performance standards and
requirements for corrective action management units contained in subsection 3 and
subdivisions d through f of subsection 5.
7. Corrective action management units into which wastes are placed where all wastes have
constituent levels at or below remedial levels or goals applicable to the site do not have to
comply with the requirements for liners at paragraph 1 of subdivision c of subsection 5, caps
at paragraph 4 of subdivision f of subsection 5, ground water monitoring requirements at
subdivision e of subsection 5 or, for treatment or storage, or both, only corrective action
management units, the design standards at subsection 6.
8. The department shall provide public notice and a reasonable opportunity for public comment
before designating a corrective action management unit. Such notice shall include the

rationale for any proposed adjustments under paragraph 5 of subdivision d of subsection 5 to
the treatment standards in paragraph 4 of subdivision d of subsection 5.
9. Notwithstanding any other provision of this section, the department may impose additional
requirements as necessary to protect human health and the environment.
10. Incorporation of a corrective action management unit into an existing permit must be approved
by the department according to the procedures for department-initiated permit modifications
under section 33.1-24-06-12, or according to the permit modification procedures of section
33.1-24-06-14.
11. The designation of a corrective action management unit does not change the department's
existing authority to address cleanup levels, media-specific points of compliance to be applied
to remediation at a facility, or other remedy selection decisions.
History: Effective January 1, 2019.
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
### § 33.1-24-05-553. Temporary units.

1. For temporary tanks and container storage areas used to treat or store hazardous remediation
wastes during remedial activities required under section 33.1-24-05-58 or Resource
Conservation and Recovery Act section 3008(h), or at a permitted facility that is not subject to
section 33.1-24-05-58, the department may designate a unit at the facility, as a temporary unit.
A temporary unit must be located within the contiguous property under the control of the
owner or operator where the wastes to be managed in the temporary unit originated. For
temporary units, the department may replace the design, operating, or closure standard
applicable to these units under sections 33.1-24-05-01 through 33.1-24-05-190,
section 33.1-24-06-16, with alternative requirements which protect human health and the
environment.
2. Any temporary unit to which alternative requirements are applied in accordance with
subsection 1 must be:
a. Located within the facility boundary; and
b. Used only for treatment or storage of remediation wastes.
3. In establishing standards to be applied to a temporary unit, the department shall consider the
following factors:
a. Length of time such unit will be in operation;
b. Type of unit;
c. Volumes of wastes to be managed;
d. Physical and chemical characteristics of the wastes to be managed in the unit;
e. Potential for releases from the unit;
f. Hydrogeological and other relevant environmental conditions at the facility which may
influence the migration of any potential releases; and

g. Potential for exposure of humans and environmental receptors if releases were to occur
from the unit.
4. The department shall specify in the permit or order the length of time a temporary unit will be
allowed to operate, to be no longer than a period of one year. The department shall also
specify the design, operating, and closure requirements for the unit.
5. The department may extend the operational period of a temporary unit once for no longer than
a period of one year beyond that originally specified in the permit or order, if the department
determines that:
a. Continued operation of the unit will not pose a threat to human health and the
environment; and
b. Continued operation of the unit is necessary to ensure timely and efficient
implementation of remedial actions at the facility.
6. Incorporation of a temporary unit or a time extension for a temporary unit into an existing
permit must be:
a. Approved in accordance with the procedures for department-initiated permit
modifications under section 33.1-24-06-12; or
b. Requested by the owner or operator as a class 2 modification according to the
procedures under section 33.1-24-06-14.
7. The department shall document the rationale for designating a temporary unit and for granting
time extensions for temporary units and shall make such documentation available to the
public.
History: Effective January 1, 2019.
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
### § 33.1-24-05-554. Staging piles.

1. A staging pile is an accumulation of solid, nonflowing remediation waste (as defined in section
33.1-24-01-04) that is not a containment building and is used only during remedial operations
for temporary storage at a facility. A staging pile must be located within the contiguous
property under the control of the owner or operator where the wastes to be managed in the
staging pile originated. Staging piles must be designated by the department according to the
requirements in this section.
a. For the purposes of this section, storage includes mixing, sizing, blending, or other
similar physical operations as long as they are intended to prepare the wastes for
subsequent management or treatment.
b. [Reserved].
2. A staging pile may be used to store hazardous remediation waste (or remediation waste
otherwise subject to land disposal restrictions) only if the owner or operator follows the
standards and design criteria the department has designated for that staging pile. The
department must designate the staging pile in a permit or, at an interim status facility, in a
closure plan or order (consistent with the applicable requirements of subsection 5 of section
33.1-24-06-16). The department must establish conditions in the permit, closure plan, or order
that comply with subsections 4 through 11.

3. An owner or operator that is seeking a staging pile designation must provide the following
information:
a. Sufficient and accurate information to enable the department to impose standards and
design criteria for the staging pile according to subsections 4 through 11;
b. Certification by a qualified professional engineer for technical data, such as design
drawings and specifications, and engineering studies, unless the department determines,
based on information that the owner or operator provided, that this certification is not
necessary to ensure that a staging pile will protect human health and the environment;
and
c. Any additional information the department determines is necessary to protect human
health and the environment.
4. Performance criteria for a staging pile. The department must establish the standards and
design criteria for the staging pile in the permit, closure plan, or order.
a. The standards and design criteria as established by the department in the permit closure
plan or order must comply with the following:
(1) The staging pile must facilitate a reliable, effective, and protective remedy;
(2) The staging pile must be designed so as to prevent or minimize releases of
hazardous wastes and hazardous constituents into the environment, and minimize
or adequately control cross-media transfer, as necessary to protect human health
and the environment (for example, through the use of liners, covers, and runoff and
run-on controls, as appropriate); and
(3) The staging pile may not operate for a period of more than two years, except when
the department grants an operating term extension under subsection 9. The owner
or operator must measure the two-year limit, or other operating term specified by
the department in the permit, closure plan, or order, from the first time remediation
waste is placed into a staging pile. The owner or operator must maintain a record of
the date when remediation waste is first placed into the staging pile for the life of the
permit, closure plan, or order, or for three years, whichever is longer.
b. In setting the standards and design criteria, the department must consider the following
factors:
(1) Length of time the staging pile will be in operation;
(2) Volumes of wastes the owner or operator intends to store in the staging pile;
(3) Physical and chemical characteristics of the wastes to be stored in the unit;
(4) Potential for releases from the unit;
(5) Hydrogeological and other relevant environmental conditions at the facility that may
influence the migration of any potential releases; and
(6) Potential for human and environmental exposure to potential releases from the unit.
5. Ignitable or reactive remediation waste are prohibited from being placed in a staging pile. The
owner or operator must not place ignitable or reactive remediation waste in a staging pile
unless:

a. The owner or operator has treated, rendered, or mixed the remediation waste before
being placed in the staging pile so that:
(1) The remediation waste no longer meets the definition of ignitable or reactive under
section 33.1-24-02-11 or 33.1-24-02-13; and
(2) The owner or operator has complied with subsection 2 of section 33.1-24-05-08; or
b. The owner or operator manages the remediation waste to protect it from exposure to any
material or condition that may cause it to ignite or react.
6. Management of incompatible remediation wastes in a staging pile. The owner or operator
must comply with the following requirements for incompatible wastes (as defined in section
33.1-24-01-04) in staging piles:
a. The owner or operator may not place incompatible remediation wastes in the same
staging pile unless the owner or operator has complied with subsection 2 of section
33.1-24-05-08;
b. If remediation waste in a staging pile is incompatible with any waste or material stored
nearby in containers, other piles, open tanks, or land disposal units (for example, surface
impoundments), the owner or operator must separate the incompatible materials, or
protect them from one another by using a dike, berm, wall, or other device; and
c. The owner or operator must not pile remediation waste on the same base where
incompatible wastes or materials were previously piled, unless the base has been
decontaminated sufficiently to comply with subsection 2 of section 33.1-24-05-08.
7. Land disposal restrictions and minimum technological requirements are not triggered by
placing hazardous remediation wastes into a staging pile.
8. Staging pile operation time limits. The department may allow a staging pile to operate for up to
two years after hazardous remediation waste is first placed into the pile. The owner or
operator may use a staging pile no longer than the length of time designated by the
department in the permit, closure plan, or order except as provided in subsection 9.
9. Extension of operation time limits.
a. The department may grant one operating term extension of up to one hundred eighty
days beyond the operating term limit contained in the permit, closure plan, or order (see
subsection 12 for modification procedures). To justify to the department the need for an
extension, the owner or operator must provide sufficient and accurate information to
enable the department to determine that continued operation of the staging pile:
(1) Will not pose a threat to human health and the environment; and
(2) Is necessary to ensure timely and efficient implementation of remedial actions at the
facility.
b. The department may, as a condition of the extension, specify further standards and
design criteria in the permit, closure plan, or order, as necessary, to ensure protection of
human health and the environment.
10. Closure requirements for a staging pile located in a previously contaminated area.
a. Within one hundred eighty days after the operating term of the staging pile expires, the
owner or operator must close a staging pile located in a previously contaminated area of
the site by removing or decontaminating all:

(1) Remediation waste;
(2) Contaminated containment system components; and
(3) Structures and equipment contaminated with waste and leachate.
b. The owner or operator must also decontaminate contaminated subsoils in a manner and
according to a schedule that the department determines will protect human health and
the environment.
c. The department must include the above requirements in the permit, closure plan, or
order in which the staging pile is designated.
11. Closure requirements for a staging pile located in an uncontaminated area.
a. Within one hundred eighty days after the operating term of the staging pile expires, the
owner or operator must close a staging pile located in an uncontaminated area of the site
according to subsection 1 of section 33.1-24-05-135 and section 33.1-24-05-60.
b. The department must include the above requirements in the permit, closure plan, or
order in which the staging pile is designated.
12. Modifications to an existing permit, closure plan, or order to allow use of a staging pile.
a. A permit, other than a remedial action plan, may be modified to incorporate a staging pile
or staging pile operating term extension, by either:
(1) The department may initiate the modification in accordance with section
33.1-24-06-12; or
(2) The owner or operator may request a class 2 modification under section
33.1-24-06-14.
b. A remedial action plan may be modified to incorporate a staging pile or staging pile
operating term extension when the owner or operator submits a request pursuant to
subsections 1 and 2 of section 33.1-24-06-33.
c. The owner or operator must follow the applicable requirements under subsection 3 of
section 33.1-24-05-61 to modify a closure plan to incorporate a staging pile or staging
pile operating term extension.
d. To modify an order to incorporate a staging pile or staging pile operating term extension,
the owner or operator must follow the terms of the order and the applicable requirements
of subsection 5 of section 33.1-24-06-16.
13. The department shall document the rationale for designating a staging pile or staging pile
operating term extension and shall make such documentation available to the public.
History: Effective January 1, 2019.
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
### § 33.1-24-05-555. Disposal of corrective action management unit-eligible wastes in permitted

hazardous waste landfills.
1. The department may approve placement of corrective action management unit-eligible wastes
in hazardous waste landfills not located at the site from which the waste originated, without

the wastes meeting the requirements of sections 33.1-24-05-250 through 33.1-24-05-299, if
the conditions in subdivisions a through c are met:
a. The waste meets the definition of corrective action management unit-eligible waste in
subdivisions a and b of subsection 1 of section 33.1-24-05-552.
b. The department identifies principal hazardous constituents in such waste, in accordance
with paragraphs 1 and 2 of subdivision d of subsection 5 of section 33.1-24-05-552, and
requires that such principal hazardous constituents are treated to any of the following
standards specified for corrective action management unit-eligible wastes:
(1) The treatment standards under paragraph 4 of subdivision d of subsection 5 of
section 33.1-24-05-552; or
(2) Treatment standards adjusted in accordance with subparagraphs a, c, d, or item 1
of subparagraph e of paragraph 5 of subdivision d of subsection 5 of section
33.1-24-05-552; or
(3) Treatment standards adjusted in accordance with item 2 of subparagraph e of
paragraph 5 of subdivision d of subsection 5 of section 33.1-24-05-552, where
treatment has been used and that treatment significantly reduces the toxicity or
mobility of the principal hazardous constituents in the waste. For minimizing the
short-term and long-term threat posed by the waste, including the threat at the
remediation site.
c. The landfill receiving the corrective action management unit-eligible waste must have a
hazardous waste permit, meet the requirements for new landfills in sections
management unit-eligible wastes. For the purposes of this requirement, "permit" does not
include interim status.
2. The person seeking approval shall provide sufficient information to enable the department with
regulatory oversight at the location where the cleanup is taking place to approve placement of
corrective action management unit-eligible waste in accordance with subsection 1. Information
required by subdivisions a through c of subsection 4 of section 33.1-24-05-552 for corrective
action management unit applications must be provided, unless not reasonably available.
3. The department shall provide public notice and a reasonable opportunity for public comment
before approving corrective action management unit-eligible waste for placement in an offsite
permitted hazardous waste landfill, consistent with the requirements for corrective action
management unit approval at subsection 8 of section 33.1-24-05-552. The approval must be
specific to a single remediation.
4. Applicable hazardous waste management requirements in 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, including recordkeeping
requirements to demonstrate compliance with treatment standards approved under this
section, for corrective action management unit-eligible waste must be incorporated into the
receiving facility permit through permit issuance or a permit modification, providing notice and
an opportunity for comment and a hearing. Notwithstanding subsection 1 of section
33.1-24-06-10, a landfill may not receive hazardous corrective action management
unit-eligible waste under this section unless its permit specifically authorizes receipt of such
waste.

5. For each remediation, corrective action management unit-eligible waste may not be placed in
an offsite landfill authorized to receive corrective action management unit-eligible waste in
accordance with subsection 4 until the following additional conditions have been met:
a. The landfill owner or operator notifies the department and other regulatory agency
responsible for oversight of the landfill and persons on the facility mailing list, maintained
in accordance with paragraph 4 of subdivision a of subsection 3 of section
33.1-24-07-06, of the owner's or operator's intent to receive corrective action
management unit-eligible waste in accordance with this section; the notice must identify
the source of the remediation waste, the principal hazardous constituents in the waste,
and treatment requirements.
b. Persons on the facility mailing list may provide comments, including objections to the
receipt of the corrective action management unit-eligible waste, to the department within
fifteen calendar days of notification.
c. The department may object to the placement of the corrective action management
unit-eligible waste in the landfill within thirty calendar days of notification; the department
may extend the review period an additional thirty calendar days because of public
concerns or insufficient information.
d. Corrective action management unit-eligible wastes may not be placed in the landfill until
the department has notified the facility owner or operator that the department does not
object to its placement.
e. If the department objects to the placement or does not notify the facility owner or
operator that the department has chosen not to object, the facility may not receive the
waste, notwithstanding subsection 1 of section 33.1-24-06-10, until the objection has
been resolved, or the owner or operator obtains a permit modification in accordance with
the procedures of section 33.1-24-06-14 specifically authorizing receipt of the waste.
f. As part of the permit issuance or permit modification process of subsection 4, the
department may modify, reduce, or eliminate the notification requirements of this
subsection as they apply to specific categories of corrective action management
unit-eligible waste, based on minimal risk.
6. Generators of corrective action management unit-eligible wastes sent offsite to a hazardous
waste landfill under this section must comply with the requirements of subdivision d of
subsection 1 of section 33.1-24-05-256; offsite facilities treating corrective action management
unit-eligible wastes to comply with this section must comply with the requirements of
subdivision d of subsection 2 of section 33.1-24-05-256, except that the certification must be
with respect to the treatment requirements of subdivision b of subsection 1.
7. For the purposes of this section only, the "design of the corrective action management unit" in
subparagraph e of paragraph 5 of subdivision d of subsection 5 of section 33.1-24-05-552
means design of the permitted hazardous waste landfill.
History: Effective January 1, 2019.
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
### § 33.1-24-05-556. [Reserved].

### § 33.1-24-05-557. [Reserved].


### § 33.1-24-05-558. [Reserved].

### § 33.1-24-05-559. [Reserved].

### § 33.1-24-05-560. [Reserved].

### § 33.1-24-05-561. [Reserved].

### § 33.1-24-05-562. [Reserved].

### § 33.1-24-05-563. [Reserved].

### § 33.1-24-05-564. [Reserved].

### § 33.1-24-05-565. [Reserved].

### § 33.1-24-05-566. [Reserved].

### § 33.1-24-05-567. [Reserved].

### § 33.1-24-05-568. [Reserved].

### § 33.1-24-05-569. [Reserved].

### § 33.1-24-05-570. [Reserved].

### § 33.1-24-05-571. [Reserved].

### § 33.1-24-05-572. [Reserved].

### § 33.1-24-05-573. [Reserved].

### § 33.1-24-05-574. [Reserved].

### § 33.1-24-05-575. [Reserved].

### § 33.1-24-05-576. [Reserved].

### § 33.1-24-05-577. [Reserved].

### § 33.1-24-05-578. [Reserved].


### § 33.1-24-05-579. [Reserved].

### § 33.1-24-05-580. [Reserved].

### § 33.1-24-05-581. [Reserved].

### § 33.1-24-05-582. [Reserved].

### § 33.1-24-05-583. [Reserved].

### § 33.1-24-05-584. [Reserved].

### § 33.1-24-05-585. [Reserved].

### § 33.1-24-05-586. [Reserved].

### § 33.1-24-05-587. [Reserved].

### § 33.1-24-05-588. [Reserved].

### § 33.1-24-05-589. [Reserved].

### § 33.1-24-05-590. [Reserved].

### § 33.1-24-05-591. [Reserved].

### § 33.1-24-05-592. [Reserved].

### § 33.1-24-05-593. [Reserved].

### § 33.1-24-05-594. [Reserved].

### § 33.1-24-05-595. [Reserved].

### § 33.1-24-05-596. [Reserved].

### § 33.1-24-05-597. [Reserved].

### § 33.1-24-05-598. [Reserved].

### § 33.1-24-05-599. [Reserved].


### § 33.1-24-05-600. Definitions for the management of used oil.

Terms that are defined in sections 33.1-24-01-04, 33.1-24-02-01, and chapter 33.1-24-08 have the
same meanings when used in sections 33.1-24-05-600 through 33.1-24-05-689.
1. "Aboveground tank" means a tank used to store or process used oil that is not an
underground storage tank as defined in chapter 33.1-24-08.
2. "Container" means any portable device in which a material is stored, transported, treated,
disposed of, or otherwise handled.
3. "Do-it-yourselfer used oil collection center" means any site or facility that accepts or
aggregates and stores used oil collected only from household do-it-yourselfers.
4. "Existing tank" means a tank that is used for the storage or processing of used oil and that is
in operation, or for which installation has commenced on or prior to the effective date of the
authorized used oil program for the state in which the tank is located. Installation will be
considered to have commenced if the owner or operator has obtained all federal, state, and
local approvals or permits necessary to begin installation of the tank and if either:
a. A continuous onsite installation program has begun; or
b. The owner or operator has entered into contractual obligations, which cannot be
canceled or modified without substantial loss, for installation of the tank to be completed
within a reasonable time.
5. "Household do-it-yourselfer used oil" means oil that is derived from households, such as used
oil generated by individuals who generate used oil through the maintenance of their personal
vehicles.
6. "Household do-it-yourselfer used oil generator" means an individual who generates household
do-it-yourselfer used oil.
7. "New tank" means a tank that will be used to store or process used oil and for which
installation has commenced after the effective date of the authorized used oil program for the
state in which the tank is located.
8. "Petroleum refining facility" means an establishment primarily engaged in producing gasoline,
kerosene, distillate fuel oils, residual fuel oils, and lubricants, through fractionation, straight
distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking or other
processes, for example, facilities classified as standard industrial code 2911.
9. "Processing" means chemical or physical operations designed to produce from used oil, or to
make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived
product. Processing includes blending used oil with virgin petroleum products, blending used
oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation,
and re-refining.
10. "Re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of
filtered and dehydrated used oil. The composition of still bottoms varies with column operation
and feedstock.
11. "Tank" means any stationary device, designed to contain an accumulation of used oil which is
constructed primarily of nonearthen materials, (for example, wood, concrete, steel, plastic)
which provides structural support.

12. "Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has
been used and as a result of such use is contaminated by physical or chemical impurities.
13. "Used oil aggregation point" means any site or facility that accepts, aggregates, or stores, or
any combination, used oil collected only from other used oil generation sites owned or
operated by the owner or operator of the aggregation point, from which used oil is transported
to the aggregation point in shipments of no more than fifty-five gallons. Used oil aggregation
points may also accept used oil from household do-it-yourselfers.
14. "Used oil burner" means a facility where used oil not meeting the specification requirements in
section 33.1-24-05-611 is burned for energy recovery in devices identified in subsection 1 of
section 33.1-24-05-661.
15. "Used oil collection center" means any site or facility that is registered, licensed and permitted,
and recognized by a state, county, or municipal government to manage used oil and accepts,
aggregates, and stores used oil collected from used oil generators regulated under sections
shipments of no more than fifty-five gallons [208.20 liters] under the provisions of section
### § 33.1-24-05-624. Used oil collection centers may also accept used oil from household

do-it-yourselfers.
16. "Used oil fuel marketer" means any person who conducts either of the following activities:
a. Directs a shipment of off-specification used oil from their facility to a used oil burner; or
b. First claims that used oil that is to be burned for energy recovery meets the used oil fuel
specifications set forth in section 33.1-24-05-611.
17. "Used oil generator" means any person, by site, whose act or process produces used oil or
whose act first causes used oil to become subject to regulation.
18. "Used oil processor" means a facility that processes used oil and includes used oil re-refiners.
19. "Used oil transfer facility" means any transportation-related facility including loading docks,
parking areas, storage areas, and other areas where shipments of used oil are held for more
than twenty-four hours and not longer than thirty-five days during the normal course of
transportation or prior to an activity performed pursuant to subdivision b of subsection 2 of
section 33.1-24-05-620. Transfer facilities that store used oil for more than thirty-five days are
subject to regulation under sections 33.1-24-05-650 through 33.1-24-05-659.
20. "Used oil transporter" means any person who transports used oil, any person who collects
used oil from more than one generator and transports the collected oil, and owners and
operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate
loads of used oil for purposes of transportation but, with the following exception, may not
process used oil. Transporters may conduct incidental processing operations that occur in the
normal course of used oil transportation (for example, settling and water separation), but that
are not designed to produce (or make more amenable for production of) used oil derived
products or used oil fuel.
History: Effective January 1, 2019.
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
### § 33.1-24-05-601. [Reserved].

### § 33.1-24-05-602. [Reserved].


### § 33.1-24-05-603. [Reserved].

### § 33.1-24-05-604. [Reserved].

### § 33.1-24-05-605. [Reserved].

### § 33.1-24-05-606. [Reserved].

### § 33.1-24-05-607. [Reserved].

### § 33.1-24-05-608. [Reserved].

### § 33.1-24-05-609. [Reserved].

### § 33.1-24-05-610. Applicability of used oil standards.

This section identifies those materials that are subject to regulation as used oil under sections
to regulation as used oil under sections 33.1-24-05-600 through 33.1-24-05-689, and indicates whether
these materials may be subject to regulation as hazardous waste under article 33.1-24.
1. Used oil. The department presumes that used oil is to be recycled unless a used oil handler
disposes of used oil or sends used oil for disposal. Except as provided in section
33.1-24-05-611, the regulations of sections 33.1-24-05-600 through 33.1-24-05-689 apply to
used oil, and to materials identified in this section as being subject to regulation as used oil,
whether or not the used oil or material exhibits any characteristics of hazardous waste
identified in sections 33.1-24-02-10 through 33.1-24-02-14.
2. Mixtures of used oil and hazardous waste.
a. Listed hazardous waste.
(1) Mixtures of used oil and hazardous waste that is listed in sections 33.1-24-02-15
through 33.1-24-02-19 are subject to regulation as hazardous waste under chapters
33.1-24-05-929, rather than as used oil under sections 33.1-24-05-600 through
33.1-24-05-689.
(2) Rebuttable presumption for used oil. Used oil containing greater than or equal to
one thousand parts per million total halogens is presumed to be a hazardous waste
because it has been mixed with halogenated hazardous waste listed in sections
demonstrating that the used oil does not contain hazardous waste (for example, by
showing that the used oil does not contain significant concentrations of halogenated
hazardous constituents listed in appendix V of chapter 33.1-24-02).
(a) The rebuttable presumption does not apply to metalworking oils or fluids
containing chlorinated paraffins, if they are processed, through a tolling
arrangement as described in subsection 3 of section 33.1-24-05-624, to
reclaim metalworking oils or fluids. The presumption does apply to

metalworking oils or fluids if such oils or fluids are recycled in any other
manner, or disposed.
(b) The rebuttable presumption does not apply to used oils contaminated with
chlorofluorocarbons removed from refrigeration units where the
chlorofluorocarbons are destined for reclamation. The rebuttable presumption
does apply to used oils contaminated with chlorofluorocarbons that have been
mixed with used oil from sources other than refrigeration units.
b. Characteristic hazardous waste. Mixtures of used oil and hazardous waste that solely
exhibit one or more of the hazardous waste characteristics identified in sections
is listed in sections 33.1-24-02-15 through 33.1-24-02-19 solely because it exhibits one
or more of the characteristics of hazardous waste identified in sections 33.1-24-02-10
through 33.1-24-02-14 are subject to:
(1) Except as provided in paragraph 3, regulation as hazardous waste under chapters
rather than as used oil under sections 33.1-24-05-600 through 33.1-24-05-689, if
the resultant mixture exhibits any characteristics of hazardous waste identified in
sections 33.1-24-02-10 through 33.1-24-02-14; or
(2) Except as specified in paragraph 3, regulation as used oil under sections
characteristics of hazardous waste identified under sections 33.1-24-02-10 through
33.1-24-02-14.
(3) Regulation as used oil under sections 33.1-24-05-600 through 33.1-24-05-689, if the
mixture is of used oil and a waste which is hazardous solely because it exhibits the
characteristic of ignitability, for example, ignitable-only mineral spirits, provided that
the resultant mixture does not exhibit the characteristic of ignitability under section
33.1-24-02-11.
c. Very small quantity generator hazardous waste. Mixtures of used oil and very small
quantity generator hazardous waste regulated under section 33.1-24-03-26 are subject to
regulation as used oil under sections 33.1-24-05-600 through 33.1-24-05-689.
3. Materials containing or otherwise contaminated with used oil.
a. Except as provided in subdivision b, materials containing or otherwise contaminated with
used oil from which the used oil has been properly drained or removed to the extent
possible such that no visible signs of free-flowing oil remain in or on the material:
(1) Are not used oil and thus not subject to sections 33.1-24-05-600 through
33.1-24-05-689, and
(2) If applicable are subject to the hazardous waste regulations of chapters 33.1-24-01
through 33.1-24-04, chapters 33.1-24-06 and 33.1-24-07, and sections
b. Materials containing or otherwise contaminated with used oil that are burned for energy
recovery are subject to regulation as used oil under sections 33.1-24-05-600 through
33.1-24-05-689.

c. Used oil drained or removed from materials containing or otherwise contaminated with
used oil is subject to regulation as used oil under sections 33.1-24-05-600 through
33.1-24-05-689.
4. Mixtures of used oil with products.
a. Except as provided in subdivision b, mixtures of used oil and fuels or other fuel products
are subject to regulation as used oil under sections 33.1-24-05-600 through
33.1-24-05-689.
b. Mixtures of used oil and diesel fuel mixed onsite by the generator of the used oil for use
in the generator's own vehicles are not subject to sections 33.1-24-05-600 through
used oil is subject to the requirements of sections 33.1-24-05-620 through
33.1-24-05-629.
5. Materials derived from used oil.
a. Materials that are reclaimed from used oil that are used beneficially and are not burned
for energy recovery or used in a manner constituting disposal (for example, re-refined
lubricants) are:
(1) Not used oil and thus are not subject to sections 33.1-24-05-600 through
33.1-24-05-689; and
(2) Not solid wastes and are thus not subject to the hazardous waste regulations of
chapters 33.1-24-01 through 33.1-24-04, chapters 33.1-24-06 and 33.1-24-07, and
sections 33.1-24-05-01 through 33.1-24-05-559 and 33.1-24-05-800 through
section 33.1-24-02-03.
b. Materials produced from used oil that are burned for energy recovery (for example, used
oil fuels) are subject to regulation as used oil under sections 33.1-24-05-600 through
33.1-24-05-689.
c. Except as provided in subdivision d, materials derived from used oil that are disposed of
or used in a manner constituting disposal are:
(1) Not used oil and thus are not subject to sections 33.1-24-05-600 through
33.1-24-05-689; and
(2) Are solid wastes and thus are subject to the hazardous waste regulations of
chapters 33.1-24-01 through 33.1-24-04, chapters 33.1-24-06 and 33.1-24-07, and
sections 33.1-24-05-01 through 33.1-24-05-559 and 33.1-24-05-800 through
d. Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt
products are not subject to sections 33.1-24-05-600 through 33.1-24-05-689.
6. Wastewater. Wastewater, the discharge of which is subject to regulation under either
section 402 or section 307(b) of the Clean Water Act (including wastewaters at facilities which
have eliminated the discharge of wastewater), contaminated with de minimis quantities of
used oil are not subject to the requirements of sections 33.1-24-05-600 through
### § 33.1-24-05-689. For purposes of this subsection, de minimis quantities of used oils are

defined as small spills, leaks, or drippings from pumps, machinery, pipes, and other similar
equipment during normal operations or small amounts of oil lost to the wastewater treatment
system during washing or draining operations. This exception will not apply if the used oil is

discarded as a result of abnormal manufacturing operations resulting in substantial leaks,
spills, or other releases, or to used oil recovered from wastewaters.
7. Used oil introduced into crude oil pipelines or a petroleum refining facility.
a. Used oil mixed with crude oil or natural gas liquids (for example, in a production
separator or crude oil stock tank) for insertion into a crude oil pipeline is exempt from the
requirements of sections 33.1-24-05-600 through 33.1-24-05-689. The used oil is subject
to the requirements of sections 33.1-24-05-600 through 33.1-24-05-689 prior to the
mixing of used oil with crude oil or natural gas liquids.
b. Mixtures of used oil and crude oil or natural gas liquids containing less than one percent
used oil that are being stored or transported to a crude oil pipeline or petroleum refining
facility for insertion in the refining process at a point prior to crude distillation or catalytic
cracking are exempt from the requirements of sections 33.1-24-05-600 through
33.1-24-05-689.
c. Used oil that is inserted into the petroleum refining facility process before crude
distillation or catalytic cracking without prior mixing with crude oil is exempt from the
requirements of sections 33.1-24-05-600 through 33.1-24-05-689 provided that the used
oil constitutes less than one percent of the crude oil feed to any petroleum refining facility
process unit at any given time. Prior to insertion in the petroleum refining facility process,
the used oil is subject to the requirements of sections 33.1-24-05-600 through
33.1-24-05-689.
d. Except as provided in subdivision e, used oil that is introduced into a petroleum refining
facility process after crude distillation or catalytic cracking is exempt from the
requirements of sections 33.1-24-05-600 through 33.1-24-05-689 only if the used oil
meets the specification of section 33.1-24-05-611. Prior to insertion in the petroleum
refining facility process, the used oil is subject to the requirements of sections
e. Used oil that is incidentally captured by a hydrocarbon recovery system or wastewater
treatment system as part of routine process operations at a petroleum refining facility and
inserted into the petroleum refining facility process is exempt from the requirements of
sections 33.1-24-05-600 through 33.1-24-05-689. This exemption does not extend to
used oil which is intentionally introduced into a hydrocarbon recovery system (for
example, by pouring collected used oil into the wastewater treatment system).
f. Tank bottoms from stock tanks containing exempt mixtures of used oil and crude oil or
natural gas liquids are exempt from the requirements of sections 33.1-24-05-600 through
33.1-24-05-689.
8. Used oil on vessels. Used oil produced on vessels from normal shipboard operations is not
subject to sections 33.1-24-05-600 through 33.1-24-05-689 until it is transported ashore.
9. Used oil containing polychlorinated biphenyls. Used oil containing polychlorinated
biphenyls (as defined at 40 CFR 761.3) at any concentration less than fifty parts per million is
subject to the requirements of sections 33.1-24-05-600 through 33.1-24-05-689 unless,
because of dilution, it is regulated under 40 CFR part 761 as a used oil containing
polychlorinated biphenyls at fifty parts per million or greater. Polychlorinated
biphenyl-containing used oil subject to the requirements of sections 33.1-24-05-600 through
part 761, including section 761.20(d) and (e). Used oil containing polychlorinated biphenyls at
concentrations of fifty parts per million or greater is not subject to the requirements of sections

No person may avoid these provisions by diluting used oil containing polychlorinated
biphenyls, unless otherwise specifically provided for in sections 33.1-24-05-600 through
History: Effective January 1, 2019; amended effective July 1, 2020; July 1, 2021.
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
### § 33.1-24-05-611. Used oil specifications.

Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending,
or other treatment, is subject to regulation under sections 33.1-24-05-600 through 33.1-24-05-689
unless it is shown not to exceed any of the allowable levels of the constituents and properties shown in
table 1. Once used oil that is to be burned for energy recovery has been shown not to exceed any
allowable level and the person making that showing complies with sections 33.1-24-05-672,
33.1-24-05-673, and subsection 2 of section 33.1-24-05-674, the used oil is no longer subject to
sections 33.1-24-05-600 through 33.1-24-05-689.
Table 1. Used Oil Not Exceeding Any Allowable Level Shown Below Is Not Subject to Sections 33.1-24-05-600
Through 33.1-24-05-689 When Burned for Energy Recovery1
Constituent/Property Allowable Level
Arsenic 5 ppm maximum
Cadmium 2 ppm maximum
Chromium 10 ppm maximum
Lead 100 ppm maximum
Flash point 100ºF minimum
Total halogens 4,000 ppm maximum2
1The allowable levels do not apply to mixtures of used oil and hazardous waste that continue to be regulated as hazardous
waste (see subsection 2 of section 33.1-24-05-610).
2Used oil containing greater than or equal to one thousand parts per million total halogens is presumed to be a hazardous
waste under the rebuttable presumption provided under subdivision a of subsection 2 of section 33.1-24-05-610. Such
used oil is subject to sections 33.1-24-05-525 through 33.1-24-05-549 rather than sections 33.1-24-05-600 through
Note: Applicable standards for the burning of used oil containing polychlorinated biphenyls are imposed by 40 CFR
761.20(e).
History: Effective January 1, 2019.
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
### § 33.1-24-05-612. Prohibitions.

1. Surface impoundment prohibition. Used oil shall not be managed in surface impoundments or
waste piles unless the units are subject to regulation 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, 33.1-24-05-800 through 33.1-24-05-819, or the applicable requirements of
subsection 5 of section 33.1-24-06-16.
2. Use as a dust suppressant. The use of used oil as a dust suppressant is prohibited.

3. Burning in particular units. Off-specification used oil fuel may be burned for energy recovery in
only the following devices:
a. Industrial furnaces identified in section 33.1-24-01-04;
b. Boilers, as defined in section 33.1-24-01-04, that are identified as follows:
(1) Industrial boilers located on the site of a facility engaged in a manufacturing process
where substances are transformed into new products, including the component
parts of products, by mechanical or chemical processes;
(2) Utility boilers used to produce electric power, steam, heated or cooled air, or other
gases or fluids for sale; or
(3) Used oil-fired space heaters provided that the burner meets the provisions of
section 33.1-24-05-623.
c. Hazardous waste incinerators subject to regulation under sections 33.1-24-05-144
through 33.1-24-05-159 or the applicable requirements of subsection 5 of section
33.1-24-06-16.
History: Effective January 1, 2019.
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
### § 33.1-24-05-613. [Reserved].

### § 33.1-24-05-614. [Reserved].

### § 33.1-24-05-615. [Reserved].

### § 33.1-24-05-616. [Reserved].

### § 33.1-24-05-617. [Reserved].

### § 33.1-24-05-618. [Reserved].

### § 33.1-24-05-619. [Reserved].

### § 33.1-24-05-620. Applicability of standards for used oil generators.

1. General. Except as provided in subdivisions a through d, sections 33.1-24-05-620 through
whose act or process produces used oil or whose act first causes used oil to become subject
to regulation.
a. Household do-it-yourselfer used oil generators. Household do-it-yourselfer used oil
generators are not subject to regulation under sections 33.1-24-05-620 through
33.1-24-05-629.
b. Vessels. Vessels at sea or at port are not subject to sections 33.1-24-05-620 through
### § 33.1-24-05-629. For purposes of sections 33.

1-24-05-620 through 33.1-24-05-629, used
oil produced on vessels from normal shipboard operations is considered to be generated

at the time it is transported ashore. The owner or operator of the vessel and the persons
removing or accepting used oil from the vessel are co-generators of the used oil and are
both responsible for managing the waste in compliance with sections 33.1-24-05-620
through 33.1-24-05-629 once the used oil is transported ashore. The co-generators may
decide among them which party will fulfill the requirements of sections 33.1-24-05-620
through 33.1-24-05-629.
c. Diesel fuel. Mixtures of used oil and diesel fuel mixed by the generator of the used oil for
use in the generator's own vehicles are not subject to sections 33.1-24-05-660 through
used oil fuel is subject to the requirements of sections 33.1-24-05-620 through
33.1-24-05-629.
d. Farmers. Farmers who generate an average of twenty-five gallons [94.64 liters] per
month or less of used oil from vehicles or machinery used on the farm in a calendar year
are not subject to the requirements of sections 33.1-24-05-600 through 33.1-24-05-689.
2. Other applicable provisions. Used oil generators who conduct the following activities are
subject to the requirements of other applicable provisions of sections 33.1-24-05-600 through
a. Generators who transport used oil, except under the self-transport provisions of
subsections 1 and 2 of section 33.1-24-05-624, must also comply with sections
b. Generators who process used oil must also comply with sections 33.1-24-05-650 through
33.1-24-05-659.
(1) Except as provided in paragraph 2, generators who process or re-refine used oil
must also comply with sections 33.1-24-05-650 through 33.1-24-05-659.
(2) Generators who perform the following activities are not processors provided that the
used oil is generated onsite and is not being sent offsite to a burner of
on-specification or off-specification used oil fuel.
(a) Filtering, cleaning, or otherwise reconditioning used oil before returning it for
reuse by the generator;
(b) Separating used oil from wastewater generated onsite to make the wastewater
acceptable for discharge or reuse pursuant to section 402 or section 307(b) of
the Clean Water Act or other applicable federal or state regulations governing
the management of discharge of wastewaters;
(c) Using oil mist collectors to remove small droplets of used oil from in-plant air to
make plant air suitable for continued recirculation;
(d) Draining or otherwise removing used oil from materials containing or otherwise
contaminated with used oil in order to remove excessive oil to the extent
possible pursuant to subsection 3 of section 33.1-24-05-610; or
(e) Filtering, cleaning, or otherwise reconditioning used oil before burning it in a
space heater pursuant to section 33.1-24-05-623.
c. Generators who burn off-specification used oil for energy recovery, except under the
onsite space heater provisions of section 33.1-24-05-623, must also comply with sections

d. Generators who direct shipments of off-specification used oil from their facility to a used
oil burner or first claim that used oil that is to be burned for energy recovery meets the
used oil fuel specifications set forth in section 33.1-24-05-611 must also comply with
sections 33.1-24-05-670 through 33.1-24-05-679.
e. Generators who dispose of used oil must also comply with sections 33.1-24-05-680
through 33.1-24-05-689.
History: Effective January 1, 2019.
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
### § 33.1-24-05-621. Hazardous waste mixing.

1. Mixtures of used oil and hazardous waste must be managed in accordance with subsection 2
of section 33.1-24-05-610.
2. The rebuttable presumption for used oil of paragraph 2 of subdivision a of subsection 2 of
section 33.1-24-05-610 applies to used oil managed by generators. Under the rebuttable
presumption for used oil of paragraph 2 of subdivision a of subsection 2 of section
33.1-24-05-610, used oil containing greater than or equal to one thousand parts per million
total halogens is presumed to be a hazardous waste and thus must be managed as
hazardous waste and not as used oil unless the presumption is rebutted. However, the
rebuttable presumption does not apply to certain metalworking oils or fluids and certain used
oils removed from refrigeration units.
History: Effective January 1, 2019.
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
### § 33.1-24-05-622. Used oil storage.

Used oil generators are subject to all applicable spill prevention, control, and countermeasures
[40 CFR part 112] in addition to the requirements of sections 33.1-24-05-620 through 33.1-24-05-629.
Used oil generators are also subject to the underground storage tank (chapter 33.1-24-08) standards
for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of
hazardous waste, in addition to the requirements of sections 33.1-24-05-620 through 33.1-24-05-629.
1. Storage units. Used oil generators shall not store used oil in units other than tanks,
containers, or units subject to regulation 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, 33.1-24-05-800 through 33.1-24-05-819, or the applicable requirements of
subsection 5 of section 33.1-24-06-16.
2. Condition of units. Containers and aboveground tanks used to store used oil at generator
facilities must be:
a. In good condition (no severe rusting, apparent structural defects, or deterioration); and
b. Not leaking (no visible leaks).
3. Labels.
a. Containers and aboveground tanks used to store used oil at generator facilities must be
labeled or marked clearly with the words "Used Oil".

b. Fill pipes used to transfer used oil into underground storage tanks at generator facilities
must be labeled or marked clearly with the words "Used Oil".
4. Response to releases. Upon detection of a release of used oil to the environment not subject
to the requirements of chapter 33.1-24-08, sections 33.1-24-08-50 through 33.1-24-08-59, a
generator must perform the following cleanup steps:
a. Stop the release;
b. Contain the released used oil;
c. Clean up and manage properly the released used oil and other materials; and
d. If necessary to prevent future releases, repair or replace any leaking used oil storage
containers or tanks prior to returning them to service.
History: Effective January 1, 2019.
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
### § 33.1-24-05-623. Onsite burning in space heaters.

Generators may burn used oil in used oil-fired space heaters provided that:
1. The heater burns only used oil that the owner or operator generates or used oil received from
household do-it-yourselfer used oil generators;
2. The heater is designed to have a maximum capacity of not more than five hundred thousand
British thermal units per hour; and
3. The combustion gases from the heater are vented to the ambient air.
History: Effective January 1, 2019.
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
### § 33.1-24-05-624. Offsite shipments.

Except as provided in subsections 1 through 3, generators must ensure that their used oil is
transported only by transporters who have obtained identification numbers.
1. Self-transportation of small amounts to approved collection centers. Generators may
transport, without an identification number, used oil that is generated at the generator's site
and used oil collected from household do-it-yourselfers to a used oil collection center provided
that:
a. The generator transports the used oil in a vehicle owned by the generator or owned by
an employee of the generator;
b. The generator transports no more than fifty-five gallons [208.20 liters] of used oil at any
time; and
c. The generator transports the used oil to a used oil collection center that is registered,
licensed, permitted, or recognized by a state, county, and municipal government to
manage used oil.

2. Self-transportation of small amounts to aggregation points owned by the generator.
Generators may transport, without an identification number, used oil that is generated at the
generator's site to an aggregation point provided that:
a. The generator transports the used oil in a vehicle owned by the generator or owned by
an employee of the generator;
b. The generator transports no more than fifty-five gallons [208.20 liters] of used oil at any
time; and
c. The generator transports the used oil to an aggregation point that is owned or operated
by the same generator.
3. Tolling arrangements. Used oil generators may arrange for used oil to be transported by a
transporter without an identification number if the used oil is reclaimed under a contractual
agreement pursuant to which reclaimed oil is returned by the processor to the generator for
use as a lubricant, cutting oil, or coolant. The contract (known as a "tolling arrangement") must
indicate:
a. The type of used oil and the frequency of shipments;
b. That the vehicle used to transport the used oil to the processing facility and to deliver
recycled used oil back to the generator is owned and operated by the used oil processor;
and
c. That reclaimed oil will be returned to the generator.
History: Effective January 1, 2019.
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
### § 33.1-24-05-625. [Reserved].

### § 33.1-24-05-626. [Reserved].

### § 33.1-24-05-627. [Reserved].

### § 33.1-24-05-628. [Reserved].

### § 33.1-24-05-629. [Reserved].

### § 33.1-24-05-630. Do-it-yourselfer used oil collection centers.

1. Applicability. This section applies to owners or operators of all do-it-yourselfer used oil
collection centers. A do-it-yourselfer used oil collection center is any site or facility that
accepts, aggregates, and stores used oil collected only from household do-it-yourselfers.
2. Do-it-yourselfer used oil collection center requirements. Owners or operators of all
do-it-yourselfer used oil collection centers must comply with the generator standards in
sections 33.1-24-05-620 through 33.1-24-05-629.
History: Effective January 1, 2019.
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

### § 33.1-24-05-631. Used oil collection centers.

1. Applicability. This section applies to owners or operators of used oil collection centers. A
used oil collection center is any site or facility that accepts, aggregates, and stores used oil
collected from used oil generators regulated under sections 33.1-24-05-620 through
fifty-five gallons [208.20 liters] under the provisions of subsection 1 of section 33.1-24-05-624.
Used oil collection centers may also accept used oil from household do-it-yourselfers.
2. Used oil collection center requirements. Owners or operators of all used oil collection
centers must:
a. Comply with the generator standards in sections 33.1-24-05-620 through
33.1-24-05-629; and
b. Be registered, licensed, permitted, and recognized by a state, county, and municipal
government to manage used oil.
History: Effective January 1, 2019.
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
### § 33.1-24-05-632. Used oil aggregation points owned by the generator.

1. Applicability. This section applies to owners or operators of all used oil aggregation points. A
used oil aggregation point is any site or facility that accepts, aggregates, or stores used oil
collected only from other used oil generation sites owned or operated by the owner or
operator of the aggregation point, from which used oil is transported to the aggregation point
in shipments of no more than fifty-five gallons [208.20 liters] under the provisions of
subsection 2 of section 33.1-24-05-624. Used oil aggregation points may also accept used oil
from household do-it-yourselfers.
2. Used oil aggregation point requirements. Owners or operators of all used oil aggregation
points must comply with the generator standards in sections 33.1-24-05-620 through
33.1-24-05-629.
History: Effective January 1, 2019.
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
### § 33.1-24-05-633. [Reserved].

### § 33.1-24-05-634. [Reserved].

### § 33.1-24-05-635. [Reserved].

### § 33.1-24-05-636. [Reserved].

### § 33.1-24-05-637. [Reserved].

### § 33.1-24-05-638. [Reserved].

### § 33.1-24-05-639. [Reserved].


### § 33.1-24-05-640. Applicability of standards for used oil transporters and transfer facilities.

1. General. Except as provided in subdivisions a through d, sections 33.1-24-05-640 through
transport used oil, persons who collect used oil from more than one generator and transport
the collected oil, and owners and operators of used oil transfer facilities.
a. Sections 33.1-24-05-640 through 33.1-24-05-649 do not apply to onsite transportation.
b. Sections 33.1-24-05-640 through 33.1-24-05-649 do not apply to generators who
transport shipments of used oil totaling fifty-five gallons [208.20 liters] or less from the
generator to a used oil collection center as specified in subsection 1 of section
33.1-24-05-624.
c. Sections 33.1-24-05-640 through 33.1-24-05-649 do not apply to generators who
transport shipments of used oil totaling fifty-five gallons [208.20 liters] or less from the
generator to a used oil aggregation point owned or operated by the same generator as
specified in subsection 2 of section 33.1-24-05-624.
d. Sections 33.1-24-05-640 through 33.1-24-05-649 do not apply to transportation of used
oil from household do-it-yourselfers to a regulated used oil generator, collection center,
aggregation point, processor, or burner subject to the requirements of sections
sections 33.1-24-05-640 through 33.1-24-05-649 do, however, apply to transportation of
collected household do-it-yourselfer used oil from regulated used oil generators,
collection centers, aggregation points, or other facilities where household do-it-yourselfer
used oil is collected.
2. Imports and exports. Transporters who import used oil from abroad or export used oil
outside of the United States are subject to the requirements of sections 33.1-24-05-640
through 33.1-24-05-649 from the time the used oil enters and until the time it exits the United
States.
3. Trucks used to transport hazardous waste. Unless trucks previously used to transport
hazardous waste are emptied as described in section 33.1-24-02-07 prior to transporting used
oil, the used oil is considered to have been mixed with the hazardous waste and must be
managed as hazardous waste unless, under the provisions of subsection 2 of section
33.1-24-05-610, the hazardous waste and used oil mixture is determined not to be hazardous
waste.
4. Other applicable provisions. Used oil transporters who conduct the following activities are
also subject to other applicable provisions of sections 33.1-24-05-600 through 33.1-24-05-689
as indicated in subdivisions a through e:
a. Transporters who generate used oil must also comply with sections 33.1-24-05-620
through 33.1-24-05-629;
b. Transporters who process used oil, except as provided in section 33.1-24-05-641, must
also comply with sections 33.1-24-05-650 through 33.1-24-05-659;
c. Transporters who burn off-specification used oil for energy recovery must also comply
with sections 33.1-24-05-660 through 33.1-24-05-669;
d. Transporters who direct shipments of off-specification used oil from their facility to a used
oil burner or first claim that used oil that is to be burned for energy recovery meets the
used oil fuel specifications set forth in section 33.1-24-05-611 must also comply with
sections 33.1-24-05-670 through 33.1-24-05-679; and

e. Transporters who dispose of used oil must also comply with sections 33.1-24-05-680
through 33.1-24-05-689.
History: Effective January 1, 2019.
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
### § 33.1-24-05-641. Restrictions on transporters who are not also processors.

1. Used oil transporters may consolidate or aggregate loads of used oil for purposes of
transportation. However, except as provided in subsection 2, used oil transporters may not
process used oil unless they also comply with the requirements for processors in sections
2. Transporters may conduct incidental processing operations that occur in the normal course of
used oil transportation (e.g., settling and water separation), but that are not designed to
produce (or make more amenable for production of) used oil derived products unless they
also comply with the processor requirements in sections 33.1-24-05-650 through
33.1-24-05-659.
3. Transporters of used oil that is removed from oil bearing electrical transformers and turbines
and filtered by the transporter or at a transfer facility prior to being returned to its original use
are not subject to the processor requirements of sections 33.1-24-05-650 through
33.1-24-05-659.
History: Effective January 1, 2019.
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
### § 33.1-24-05-642. Notification.

1. Identification numbers. Used oil transporters who have not previously complied with the
notification requirements of section 33.1-24-03-03 must comply with these requirements and
obtain an identification number.
2. Mechanics of notification. A used oil transporter who has not received an identification
number may obtain one by notifying the department of their used oil activity by submitting
either:
a. A completed notification of regulated waste activity form (environmental protection
agency form 8700-12, or equivalent state form); or
b. A letter requesting an identification number.
The letter should include the following information:
(1) Transporter company name;
(2) Owner of the transporter company;
(3) Mailing address for the transporter;
(4) Name and telephone number for the transporter point of contact;
(5) Type of transport activity (for example, transport only, transport and transfer facility,
transfer facility only);
(6) Location of all transfer facilities at which used oil is stored; and

(7) Name and telephone number for a contact at each transfer facility.
History: Effective January 1, 2019.
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
### § 33.1-24-05-643. Used oil transportation.

1. Deliveries. A used oil transporter shall deliver all used oil received to:
a. Another used oil transporter, provided that the transporter has obtained an identification
number;
b. A used oil processing facility who has obtained an identification number;
c. An off-specification used oil burner facility who has obtained an identification number; or
d. An on-specification used oil burner facility.
2. Department of transportation requirements. Used oil transporters shall comply with all
applicable requirements under the United States department of transportation regulations in
49 CFR parts 171 through 180. Persons transporting used oil that meets the definition of a
hazardous material in 49 CFR 171.8 shall comply with all applicable regulations in 49 CFR
parts 171 through 180.
3. Used oil discharges.
a. In the event of a discharge of used oil during transportation, the transporter must take
appropriate immediate action to protect human health and the environment (for example,
notify local authorities, dike the discharge area).
b. If a discharge of used oil occurs during transportation and an official (state or local
government or a federal agency) acting within the scope of official responsibilities
determines that immediate removal of the used oil is necessary to protect human health
or the environment, that official may authorize the removal of the used oil by transporters
who do not have identification numbers.
c. An air, rail, highway, or water transporter who has discharged used oil must:
(1) Give notice, if required by 49 CFR 171.15 to the national response center
(800-424-8802 or 202-426-2675); and
(2) Report in writing as required by 49 CFR 171.16 to the Director, Office of Hazardous
Materials Regulations, Materials Transportation Bureau, Department of
Transportation, Washington, D.C. 20590.
d. A water transporter who has discharged used oil shall give notice as required by 33 CFR
153.203.
e. A transporter shall clean up any used oil discharge that occurs during transportation or
take such action as may be required or approved by federal, state, or local officials so
that the used oil discharge no longer presents a hazard to human health or the
environment.
History: Effective January 1, 2019.
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

### § 33.1-24-05-644. Rebuttable presumption for used oil.

1. To ensure that used oil is not a hazardous waste under the rebuttable presumption of
paragraph 2 of subdivision a of subsection 2 of section 33.1-24-05-610, the used oil
transporter shall determine whether the total halogen content of used oil being transported or
stored at a transfer facility is above or below one thousand parts per million.
2. The transporter shall make this determination by:
a. Testing the used oil; or
b. Applying knowledge of the halogen content of the used oil in light of the materials or
processes used.
3. If the used oil contains greater than or equal to one thousand parts per million total halogens,
it is presumed to be a hazardous waste because it has been mixed with halogenated
hazardous waste listed in sections 33.1-24-02-15 through 33.1-24-02-19. The owner or
operator may rebut the presumption by demonstrating that the used oil does not contain
hazardous waste (for example, by showing that the used oil does not contain significant
concentrations of halogenated hazardous constituents listed in appendix V of chapter
33.1-24-02).
a. The rebuttable presumption does not apply to metalworking oils or fluids containing
chlorinated paraffins, if they are processed, through a tolling arrangement as described in
subsection 3 of section 33.1-24-05-624, to reclaim metalworking oils or fluids. The
presumption does apply to metalworking oils or fluids if such oils or fluids are recycled in
any other manner, or disposed.
b. The rebuttable presumption does not apply to used oils contaminated with
chlorofluorocarbons removed from refrigeration units if the chlorofluorocarbons are
destined for reclamation. The rebuttable presumption does apply to used oil
contaminated with chlorofluorocarbons that have been mixed with used oil from sources
other than refrigeration units.
4. Record retention. Records of analyses conducted or information used to comply with
subsections 1, 2, and 3 must be maintained by the transporter for at least three years.
History: Effective January 1, 2019.
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
### § 33.1-24-05-645. Used oil storage at transfer facilities.

Used oil transporters are subject to all applicable spill prevention, control, and countermeasures
[40 CFR part 112] in addition to the requirements of sections 33.1-24-05-640 through 33.1-24-05-649.
Used oil transporters are also subject to the underground storage tank (chapter 33.1-24-08) standards
for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of
hazardous waste, in addition to the requirements of sections 33.1-24-05-640 through 33.1-24-05-649.
1. Applicability. This section applies to used oil transfer facilities. Used oil transfer facilities are
transportation-related facilities including loading docks, parking areas, storage areas, and
other areas where shipments of used oil are held for more than twenty-four hours during the
normal course of transportation and not longer than thirty-five days. Transfer facilities that
store used oil for more than thirty-five days are subject to regulation under sections

2. Storage units. Owners or operators of used oil transfer facilities may not store used oil in
units other than tanks, containers, or units subject to regulation under sections 33.1-24-05-01
through 33.1-24-05-190, sections 33.1-24-05-300 through 33.1-24-05-524, 33.1-24-05-550
through 33.1-24-05-559, 33.1-24-05-800 through 33.1-24-05-819, or the applicable
requirements of subsection 5 of section 33.1-24-06-16.
3. Condition of units. Containers and aboveground tanks used to store used oil at transfer
facilities must be:
a. In good condition (no severe rusting, apparent structural defects, or deterioration); and
b. Not leaking (no visible leaks).
4. Secondary containment for containers. Containers used to store used oil at transfer
facilities must be equipped with a secondary containment system.
a. The secondary containment system must consist of, at a minimum:
(1) Dikes, berms, or retaining walls; and
(2) A floor. The floor must cover the entire area within the dikes, berms, or retaining
walls; or
(3) An equivalent secondary containment system.
b. The entire containment system, including walls and floors, must be sufficiently impervious
to used oil to prevent any used oil released into the containment system from migrating
out of the system to the soil, ground water, or surface water.
5. Secondary containment for existing aboveground tanks. Existing aboveground tanks
used to store used oil at transfer facilities must be equipped with a secondary containment
system.
a. The secondary containment system must consist of, at a minimum:
(1) Dikes, berms, or retaining walls; and
(2) A floor. The floor must cover the entire area within the dike, berm, or retaining wall
except areas where existing portions of the tank meet the ground; or
(3) An equivalent secondary containment system.
b. The entire containment system, including walls and floors, must be sufficiently impervious
to used oil to prevent any used oil released into the containment system from migrating
out of the system to the soil, ground water, or surface water.
6. Secondary containment for new aboveground tanks. New aboveground tanks used to
store used oil at transfer facilities must be equipped with a secondary containment system.
a. The secondary containment system must consist of, at a minimum:
(1) Dikes, berms, or retaining walls; and
(2) A floor. The floor must cover the entire area within the dike, berm, or retaining wall;
or
(3) An equivalent secondary containment system.

b. The entire containment system, including walls and floors, must be sufficiently impervious
to used oil to prevent any used oil released into the containment system from migrating
out of the system to the soil, ground water, or surface water.
7. Labels.
a. Containers and aboveground tanks used to store used oil at transfer facilities must be
labeled or marked clearly with the words "Used Oil".
b. Fill pipes used to transfer used oil into underground storage tanks at transfer facilities
must be labeled or marked clearly with the words "Used Oil".
8. Response to releases. Upon detection of a release of used oil to the environment not subject
to the requirements of chapter 33.1-24-08, sections 33.1-24-08-50 through 33.1-24-08-59, the
owner or operator of a transfer facility must perform the following cleanup steps:
a. Stop the release;
b. Contain the released used oil;
c. Clean up and manage properly the released used oil and other materials; and
d. If necessary, repair or replace any leaking used oil storage containers or tanks prior to
returning them to service.
History: Effective January 1, 2019.
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
### § 33.1-24-05-646. Tracking.

1. Acceptance. Used oil transporters must keep a record of each used oil shipment accepted for
transport. Records for each shipment must include:
a. The name and address of the generator, transporter, or processor who provided the used
oil for transport;
b. The identification number (if applicable) of the generator, transporter, or processor who
provided the used oil for transport;
c. The quantity of used oil accepted;
d. The date of acceptance; and
e. The signature, dated upon receipt of the used oil, of a representative of the generator,
transporter, or processor who provided the used oil for transport.
f. Intermediate rail transporters are not required to sign the record of acceptance to comply
with subdivision e.
2. Deliveries. Used oil transporters must keep a record of each shipment of used oil that is
delivered to another used oil transporter, or to a used oil burner, processor, or disposal facility.
Records of each delivery must include:
a. The name and address of the receiving facility or transporter;
b. The identification number of the receiving facility or transporter;
c. The quantity of used oil delivered;

d. The date of delivery; and
e. The signature, dated upon receipt of the used oil, of a representative of the receiving
facility or transporter.
f. Intermediate rail transporters are not required to sign the record of acceptance to comply
with subdivision e.
3. Exports of used oil. Used oil transporters must maintain the records described in
subdivisions a through d of subsection 2 for each shipment of used oil exported to any foreign
country.
4. Record retention. The records described in subsections 1, 2, and 3 must be maintained for at
least three years.
History: Effective January 1, 2019.
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
### § 33.1-24-05-647. Management of residues.

Transporters who generate residues from the storage or transport of used oil must manage the
residues as specified in subsection 5 of section 33.1-24-05-610.
History: Effective January 1, 2019.
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
### § 33.1-24-05-648. [Reserved].

### § 33.1-24-05-649. [Reserved].

### § 33.1-24-05-650. Applicability of standards for used oil processors.

1. The requirements of sections 33.1-24-05-650 through 33.1-24-05-659 apply to owners and
operators of facilities that process used oil. Processing means chemical or physical operations
designed to produce from used oil, or to make used oil more amenable for production of, fuel
oils, lubricants, or other used oil-derived products. Processing includes: blending used oil with
virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple
distillation, chemical or physical separation, and re-refining. The requirements of sections
a. Transporters who conduct incidental processing operations that occur during the normal
course of transportation as provided in section 33.1-24-05-641; or
b. Burners who conduct incidental processing operations that occur during the normal
course of used oil management prior to burning as provided in subsection 2 of section
33.1-24-05-661.
2. Other applicable provisions. Used oil processors who conduct the following activities are also
subject to the requirements of other applicable provisions of sections 33.1-24-05-600 through
a. Processors who generate used oil must also comply with sections 33.1-24-05-620
through 33.1-24-05-629;

b. Processors who transport used oil must also comply with sections 33.1-24-05-640
through 33.1-24-05-649;
c. Except as provided in paragraphs 1 and 2, processors who burn off-specification used oil
for energy recovery must also comply with sections 33.1-24-05-660 through
### § 33.1-24-05-669. Processors burning used oil for energy recovery under the following

conditions are not subject to sections 33.1-24-05-660 through 33.1-24-05-669:
(1) The used oil is burned in an onsite space heater that meets the requirements of
section 33.1-24-05-623; or
(2) The used oil is burned for purposes of processing used oil, which is considered
burning incidentally to used oil processing;
d. Processors who direct shipments of off-specification used oil from their facility to a used
oil burner or first claim that used oil that is to be burned for energy recovery meets the
used oil fuel specifications set forth in section 33.1-24-05-611 must also comply with
sections 33.1-24-05-670 through 33.1-24-05-679; and
e. Processors who dispose of used oil also must comply with the applicable sections
History: Effective January 1, 2019.
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
### § 33.1-24-05-651. Notification.

1. Identification numbers. Used oil processors who have not previously complied with the
notification requirements of section 33.1-24-03-03 must comply with these requirements and
obtain an identification number.
2. Mechanics of notification. A used oil processor who has not received an identification
number may obtain one by notifying the department of their used oil activity by submitting
either:
a. A completed notification of regulated waste activity form (environmental protection
agency form 8700-12, or equivalent state form); or
b. A letter requesting an identification number.
The letter should include the following information:
(1) Processor company name;
(2) Owner of the processor company;
(3) Mailing address for the processor;
(4) Name and telephone number for the processor point of contact;
(5) Type of used oil activity; and
(6) Location of the processor facility.
History: Effective January 1, 2019.
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

### § 33.1-24-05-652. General facility standards.

1. Preparedness and prevention. Owners and operators of used oil processing facilities shall
comply with the following requirements:
a. Maintenance and operation of facility. Facilities must be maintained and operated to
minimize the possibility of a fire, explosion, or any unplanned sudden or nonsudden
release of used oil to air, soil, or surface water which could threaten human health or the
environment.
b. Required equipment. All facilities must be equipped with the following, unless none of the
hazards posed by used oil handled at the facility could require a particular kind of
equipment specified in paragraphs 1 through 4:
(1) An internal communications or alarm system capable of providing immediate
emergency instruction (voice or signal) to facility personnel;
(2) 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;
(3) 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
(4) Water at adequate volume and pressure to supply water hose streams, or foam
producing equipment, or automatic sprinklers, or water spray systems.
c. Testing and maintenance of equipment. All facility communications or alarm systems, fire
protection equipment, spill control equipment, and decontamination equipment, where
required, must be tested and maintained as necessary to assure its proper operation in
time of emergency.
d. Access to communications or alarm system.
(1) When used oil is being poured, mixed, spread, or otherwise handled, all personnel
involved in the operation must have immediate access to an internal alarm or
emergency communication device, either directly or through visual or voice contact
with another employee, unless such a device is not required in subdivision b.
(2) If there is only one employee on the premises while the facility is operating, the
employee must have immediate access to a device, such as a telephone
(immediately available at the scene of operation) or a hand-held two-way radio,
capable of summoning external emergency assistance, unless such a device is not
required in subdivision b.
e. Required aisle space. The owner or operator must maintain aisle space to allow the
unobstructed movement of personnel, fire protection equipment, spill control equipment,
and decontamination equipment to any area of facility operation in an emergency, unless
aisle space is not needed for any of these purposes.
f. Arrangements with local authorities.
(1) The owner or operator shall attempt to make the following arrangements, as
appropriate for the type of used oil handled at the facility and the potential need for
the services of these organizations:

(a) Arrangements to familiarize police, fire departments, and emergency response
teams with the layout of the facility, properties of used oil handled at the facility
and associated hazards, places where facility personnel would normally be
working, entrances to roads inside the facility, and possible evacuation routes;
(b) Where more than one police and fire department might respond to an
emergency, agreements designating primary emergency authority to a specific
police and a specific fire department, and agreements with any others to
provide support to the primary emergency authority;
(c) Agreements with state emergency response teams, emergency response
contractors, and equipment suppliers; and
(d) Arrangements to familiarize local hospitals with the properties of used oil
handled at the facility and the types of injuries or illnesses which could result
from fires, explosions, or releases at the facility.
(2) Where state or local authorities decline to enter into such arrangements, the owner
or operator must document the refusal in the operating record.
2. Contingency plan and emergency procedures. Owners and operators of used oil
processing facilities must comply with the following requirements:
a. Purpose and implementation of contingency plan.
(1) Each owner or operator must 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 used oil to air, soil, or surface water.
(2) The provisions of the plan must be carried out immediately when there is a fire,
explosion, or release of used oil which could threaten human health or the
environment.
b. Content of contingency plan.
(1) The contingency plan must describe the actions facility personnel must take to
comply with subdivisions a and f in response to fires, explosions, or any unplanned
sudden or nonsudden release of used oil to air, soil, or surface water at the facility.
(2) If the owner or operator has already prepared a spill prevention, control, and
countermeasures (SPCC) plan in accordance with 40 CFR part 112, or 40 CFR part
1510 of chapter V, or some other emergency or contingency plan, the owner or
operator need only amend that plan to incorporate used oil management provisions
that are sufficient to comply with the requirements of sections 33.1-24-05-600
through 33.1-24-05-689.
(3) The plan must describe arrangements agreed to by local police departments, fire
departments, hospitals, contractors, and state and local emergency response teams
to coordinate emergency services, pursuant to subdivision f of subsection 1.
(4) The plan must list names, addresses, and telephone numbers (office and home) of
all persons qualified to act as emergency coordinator (see subdivision e), and this
list must be kept up to date. Where more than one person is listed, one must be
named as primary emergency coordinator and others must be listed in the order in
which they will assume responsibility as alternates.

(5) The plan must include a list of all emergency equipment at the facility (such as fire
extinguishing systems, spill control equipment, communications and alarm systems
(internal and external), and decontamination equipment), where this equipment is
required. This list must be kept up to date. In addition, the plan must include the
location and a physical description of each item on the list, and a brief outline of its
capabilities.
(6) The plan must include an evacuation plan for facility personnel where there is a
possibility that evacuation could be necessary. This plan must describe signals to be
used to begin evacuation, evacuation routes, and alternate evacuation routes (in
cases where the primary routes could be blocked by releases of used oil or fires).
c. Copies of contingency plan. A copy of the contingency plan and all revisions to the plan
must be:
(1) Maintained at the facility; and
(2) Submitted to all local police departments, fire departments, hospitals, and state and
local emergency response teams that may be called upon to provide emergency
services.
d. Amendment of contingency plan. The contingency plan must be reviewed, and
immediately amended, if necessary, when:
(1) Applicable regulations are revised;
(2) The plan fails in an emergency;
(3) The facility changes (in its design, construction, operation, maintenance, or other
circumstances) in a way that materially increases the potential for fires, explosions,
or releases of used oil, or changes the response necessary in an emergency;
(4) The list of emergency coordinators changes; or
(5) The list of emergency equipment changes.
e. Emergency coordinator. At all times, there must be at least one employee either on the
facility 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. This emergency coordinator must be thoroughly
familiar with all aspects of the facility's contingency plan, all operations and activities at
the facility, the location and characteristic of used oil handled, the location of all records
within the facility, and facility layout. In addition, this person must have the authority to
commit the resources needed to carry out the contingency plan.
Guidance: The emergency coordinator's responsibilities are more fully spelled out in
subdivision f. Applicable responsibilities for the emergency coordinator vary, depending
on factors such as type and variety of used oil handled by the facility, and type and
complexity of the facility.
f. Emergency procedures.
(1) When there is an imminent or actual emergency situation, the emergency
coordinator (or the designee when the emergency coordinator is on call) must
immediately:

(a) Activate internal facility alarms or communication systems, where applicable, to
notify all facility personnel; and
(b) Notify appropriate state or local agencies with designated response roles if
their help is needed.
(2) When there is a release, fire, or explosion, the emergency coordinator must
immediately identify the character, exact source, amount, and areal extent of any
released materials. The emergency coordinator may do this by observation or
review of facility records or manifests and, if necessary, by chemical analyses.
(3) Concurrently, the emergency coordinator must assess possible hazards to human
health or the environment that may result from the release, fire, or explosion. This
assessment must consider both direct and indirect effects of the release, fire, or
explosion (for example, the effects of any toxic, irritating, or asphyxiating gases that
are generated, or the effects of any hazardous surface water runoffs from water or
chemical agents used to control fire and heat-induced explosions).
(4) If the emergency coordinator determines that the facility has had a release, fire, or
explosion which could threaten human health, or the environment, outside the
facility, the emergency coordinator must report these findings as follows:
(a) If the emergency coordinator's assessment indicated that evacuation of local
areas may be advisable, the emergency coordinator must immediately notify
appropriate local authorities. The emergency coordinator must be available to
help appropriate officials decide whether local areas should be evacuated; and
(b) The emergency coordinator must immediately notify either the government
official designated as the onscene coordinator for the geographical area (in the
applicable regional contingency plan under part 1510 of 40 CFR), or the
national response center (using their twenty-four-hour toll-free number
800-424-8802). The report must include:
[1] Name and telephone number of reporter;
[2] Name and address of facility;
[3] Time and type of incident (for example, release, fire);
[4] Name and quantity of materials involved, to the extent known;
[5] The extent of injuries, if any; and
[6] The possible hazards to human health, or the environment, outside the
facility.
(5) During an emergency, the emergency coordinator must take all reasonable
measures necessary to ensure that fires, explosions, and releases do not occur,
recur, or spread to other used oil or hazardous waste at the facility. These measures
must include, where applicable, stopping processes and operation, collecting and
containing released used oil, and removing or isolating containers.
(6) If the facility stops operation in response to a fire, explosion, or release, the
emergency coordinator must monitor for leaks, pressure buildup, gas generation, or
ruptures in valves, pipes, or other equipment, wherever this is appropriate.

(7) Immediately after an emergency, the emergency coordinator must provide for
recycling, storing, or disposing of recovered used oil, contaminated soil or surface
water, or any other material that results from a release, fire, or explosion at the
facility.
(8) The emergency coordinator must ensure that, in the affected areas of the facility:
(a) No waste or used oil that may be incompatible with the released material is
recycled, treated, stored, or disposed of until cleanup procedures are
completed; and
(b) All emergency equipment listed in the contingency plan is cleaned and fit for its
intended use before operations are resumed.
(c) The owner or operator must notify the department, and appropriate state and
local authorities that the facility is in compliance with subparagraphs a and b
before operations are resumed in the affected areas of the facility.
(9) The owner or operator must note in the operating record the time, date, and details
of any incident that requires implementing the contingency plan. Within fifteen days
after the incident, the owner or operator must submit a written report on the incident
to the department. The report must include:
(a) Name, address, and telephone number of the owner or operator;
(b) Name, address, and telephone number of the facility;
(c) Date, time, and type of incident (for example, fire, explosion);
(d) Name and quantity of materials involved;
(e) The extent of injuries, if any;
(f) An assessment of actual or potential hazards to human health or the
environment, where this is applicable; and
(g) Estimated quantity and disposition of recovered material that resulted from the
incident.
History: Effective January 1, 2019.
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
### § 33.1-24-05-653. Rebuttable presumption for used oil.

1. To ensure that used oil managed at a processing facility is not hazardous waste under the
rebuttable presumption of paragraph 2 of subdivision a of subsection 2 of section
33.1-24-05-610, the owner or operator of a used oil processing facility must determine
whether the total halogen content of used oil managed at the facility is above or below one
thousand parts per million.
2. The owner or operator must make this determination by:
a. Testing the used oil; or
b. Applying knowledge of the halogen content of the used oil in light of the materials or
processes used.

3. If the used oil contains greater than or equal to one thousand parts per million total halogens,
it is presumed to be hazardous waste because it has been mixed with halogenated hazardous
waste listed in sections 33.1-24-02-15 through 33.1-24-02-19. The owner or operator may
rebut the presumption by demonstrating that the used oil does not contain hazardous waste
(for example, by showing that the used oil does not contain significant concentrations of
halogenated hazardous constituents listed in appendix V of chapter 33.1-24-02).
a. The rebuttable presumption does not apply to metalworking oils or fluids containing
chlorinated paraffins, if they are processed, through a tolling agreement, to reclaim
metalworking oils or fluids. The presumption does apply to metalworking oils or fluids if
such oils or fluids are recycled in any other manner, or disposed.
b. The rebuttable presumption does not apply to used oils contaminated with
chlorofluorocarbons removed from refrigeration units where the chlorofluorocarbons are
destined for reclamation. The rebuttable presumption does apply to used oils
contaminated with chlorofluorocarbons that have been mixed with used oil from sources
other than refrigeration units.
History: Effective January 1, 2019.
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
### § 33.1-24-05-654. Used oil management.

Used oil processors are subject to all applicable spill prevention, control, and countermeasures
[40 CFR part 112] in addition to the requirements of sections 33.1-24-05-650 through 33.1-24-05-659.
Used oil processors are also subject to the underground storage tank (chapter 33.1-24-08) standards
for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of
hazardous waste, in addition to the requirements of sections 33.1-24-05-650 through 33.1-24-05-659.
1. Management units. Used oil processors may not store used oil in units other than tanks,
containers, or units subject to regulation 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, 33.1-24-05-800 through 33.1-24-05-819, or the applicable requirements of
subsection 5 of section 33.1-24-06-16.
2. Condition of units. Containers and aboveground tanks used to store or process used oil at
processing facilities must be:
a. In good condition (no severe rusting, apparent structural defects, or deterioration); and
b. Not leaking (no visible leaks).
3. Secondary containment for containers. Containers used to store or process used oil at
processing facilities must be equipped with a secondary containment system.
a. The secondary containment system must consist of, at a minimum:
(1) Dikes, berms, or retaining walls; and
(2) A floor. The floor must cover the entire area within the dike, berm, or retaining walls;
or
(3) An equivalent secondary containment system.

b. The entire containment system, including walls and floor, must be sufficiently impervious
to used oil to prevent any used oil released into the containment system from migrating
out of the system to the soil, ground water, or surface water.
4. Secondary containment for existing aboveground tanks. Existing aboveground tanks
used to store or process used oil at processing facilities must be equipped with a secondary
containment system.
a. The secondary containment system must consist of, at a minimum:
(1) Dikes, berms, or retaining walls; and
(2) A floor. The floor must cover the entire area within the dike, berm, or retaining wall
except areas where existing portions of the tank meet the ground; or
(3) An equivalent secondary containment system.
b. The entire containment system, including walls and floor, must be sufficiently impervious
to used oil to prevent any used oil released into the containment system from migrating
out of the system to the soil, ground water, or surface water.
5. Secondary containment for new aboveground tanks. New aboveground tanks used to
store or process used oil at processing facilities must be equipped with a secondary
containment system.
a. The secondary containment system must consist of, at a minimum:
(1) Dikes, berms, or retaining walls; and
(2) A floor. The floor must cover the entire area within the dike, berm, or retaining wall;
or
(3) An equivalent secondary containment system.
b. The entire containment system, including walls and floor, must be sufficiently impervious
to used oil to prevent any used oil released into the containment system from migrating
out of the system to the soil, ground water, or surface water.
6. Labels.
a. Containers and aboveground tanks used to store or process used oil at processing
facilities must be labeled or marked clearly with the words "Used Oil".
b. Fill pipes used to transfer used oil into underground storage tanks at processing facilities
must be labeled or marked clearly with the words "Used Oil".
7. Response to releases. Upon detection of a release of used oil to the environment not subject
to the requirements of chapter 33.1-24-08, sections 33.1-24-08-50 through 33.1-24-08-59, an
owner or operator must perform the following cleanup steps:
a. Stop the release;
b. Contain the released used oil;
c. Clean up and manage properly the released used oil and other materials; and
d. If necessary, repair or replace any leaking used oil storage containers or tanks prior to
returning them to service.

8. Closure.
a. Aboveground tanks. Owners and operators who store or process used oil in
aboveground tanks must comply with the following requirements:
(1) At closure of a tank system, the owner or operator must remove or decontaminate
used oil residues in tanks, contaminated containment system components,
contaminated soils, and structures and equipment contaminated with used oil, and
manage them as hazardous waste, unless the materials are not hazardous waste
under article 33.1-24.
(2) If the owner or operator demonstrates that not all contaminated soils can be
practicably removed or decontaminated as required in paragraph 1, then the owner
or operator must close the tank system and perform postclosure care in accordance
with the closure and postclosure care requirements that apply to hazardous waste
landfills (section 33.1-24-05-180).
b. Containers. Owners and operators who store used oil in containers must comply with the
following requirements:
(1) At closure, containers holding used oils or residues of used oil must be removed
from the site; and
(2) The owner or operator must remove or decontaminate used oil residues,
contaminated containment system components, contaminated soils, and structures
and equipment contaminated with used oil, and manage them as hazardous waste,
unless the materials are not hazardous waste under chapter 33.1-24-02.
History: Effective January 1, 2019.
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
### § 33.1-24-05-655. Analysis plan.

Owners or operators of used oil processing facilities must develop and follow a written analysis
plan describing the procedures that will be used to comply with the analysis requirements of section
the facility.
1. Rebuttable presumption for used oil in section 33.1-24-05-653. At a minimum, the plan must
specify the following:
a. Whether sample analyses or knowledge of the halogen content of the used oil will be
used to make this determination.
b. If sample analyses are used to make this determination:
(1) The sampling method used to obtain representative samples to be analyzed. A
representative sample may be obtained using either:
(a) One of the sampling methods in appendix I of chapter 33.1-24-02; or
(b) A method shown to be equivalent under sections 33.1-24-01-06 and
33.1-24-01-07;
(2) The frequency of sampling to be performed, and whether the analysis will be
performed onsite or offsite; and

(3) The methods used to analyze used oil for the parameters specified in section
33.1-24-05-653; and
c. The type of information that will be used to determine the halogen content of the used oil.
2. On-specification used oil fuel in section 33.1-24-05-672. At a minimum, the plan must specify
the following if section 33.1-24-05-672 is applicable:
a. Whether sample analyses or other information will be used to make this determination;
b. If sample analyses are used to make this determination:
(1) The sampling method used to obtain representative samples to be analyzed. A
representative sample may be obtained using either:
(a) One of the sampling methods in appendix I of chapter 33.1-24-02; or
(b) A method shown to be equivalent under sections 33.1-24-01-06 and
33.1-24-01-07;
(2) Whether used oil will be sampled and analyzed prior to or after any processing;
(3) The frequency of sampling to be performed, and whether the analysis will be
performed onsite or offsite; and
(4) The methods used to analyze used oil for the parameters specified in section
33.1-24-05-672; and
c. The type of information that will be used to make the on-specification used oil fuel
determination.
History: Effective January 1, 2019.
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
### § 33.1-24-05-656. Tracking.

1. Acceptance. Used oil processors must keep a record of each used oil shipment accepted for
processing. These records may take the form of a log, invoice, manifest, bill of lading, or other
shipping documents. Records for each shipment must include the following information:
a. The name and address of the transporter who delivered the used oil to the processor;
b. The name and address of the generator or processor from whom the used oil was sent
for processing;
c. The identification number of the transporter who delivered the used oil to the processor;
d. The identification number (if applicable) of the generator or processor from whom the
used oil was sent for processing;
e. The quantity of used oil accepted; and
f. The date of acceptance.
2. Delivery. Used oil processor must keep a record of each shipment of used oil that is shipped
to a used oil burner, processor, or disposal facility. These records may take the form of a log,
invoice, manifest, bill of lading, or other shipping documents. Records for each shipment must
include the following information:

a. The name and address of the transporter who delivers the used oil to the burner,
processor, or disposal facility;
b. The name and address of the burner, processor, or disposal facility that will receive the
used oil;
c. The identification number of the transporter who delivers the used oil to the burner,
processor, or disposal facility;
d. The identification number of the burner, processor, or disposal facility that will receive the
used oil;
e. The quantity of used oil shipped; and
f. The date of shipment.
3. Record retention. The records described in subsections 1 and 2 must be maintained for at
least three years.
History: Effective January 1, 2019.
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
### § 33.1-24-05-657. Operating record and reporting.

1. Operating record.
a. The owner or operator must keep a written operating record at the facility.
b. The following information must be recorded, as it becomes available, and maintained in
the operating record until closure of the facility;
(1) Records and results of used oil analyses performed as described in the analysis
plan required under section 33.1-24-05-655; and
(2) Summary reports and details of all incidents that require implementation of the
contingency plan as specified in subsection 2 of section 33.1-24-05-652.
2. Reporting. A used oil processor must report to the department, in the form of a letter, on a
biennial basis (by March first of each even-numbered year), the following information
concerning used oil activities during the previous calendar year:
a. The identification number, name, and address of the processor;
b. The calendar year covered by the report; and
c. The quantities of used oil accepted for processing and the manner in which the used oil
is processed, including the specific processes employed.
History: Effective January 1, 2019.
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
### § 33.1-24-05-658. Offsite shipments of used oil.

Used oil processors who initiate shipments of used oil offsite must ship the used oil using a used oil
transporter who has obtained an identification number.
History: Effective January 1, 2019.

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
### § 33.1-24-05-659. Management of residues.

Owners and operators who generate residues from the storage or processing of used oil must
manage the residues as specified in subsection 5 of section 33.1-24-05-610.
History: Effective January 1, 2019.
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
### § 33.1-24-05-660. Applicability of standards for used oil burners who burn off-specification

used oil for energy recovery.
1. General. The requirements of sections 33.1-24-05-660 through 33.1-24-05-669 apply to used
oil burners except as specified in subdivisions a and b. A used oil burner is a facility where
used oil not meeting the specification requirements in section 33.1-24-05-611 is burned for
energy recovery in devices identified in subsection 1 of section 33.1-24-05-661. Facilities
burning used oil for energy recovery under the following conditions are not subject to sections
a. The used oil is burned by the generator in an onsite space heater under the provisions of
section 33.1-24-05-623; or
b. The used oil is burned by a processor for purposes of processing used oil, which is
considered burning incidentally to used oil processing.
2. Other applicable provisions. Used oil burners who conduct the following activities are also
subject to the requirements of other applicable provisions of sections 33.1-24-05-600 through
a. Burners who generate used oil must also comply with sections 33.1-24-05-620 through
33.1-24-05-629;
b. Burners who transport used oil must also comply with sections 33.1-24-05-640 through
33.1-24-05-649;
c. Except as provided in subsection 2 of section 33.1-24-05-661, burners who process or
re-refine used oil must also comply with sections 33.1-24-05-650 through
33.1-24-05-659;
d. Burners who direct shipments of off-specification used oil from their facility to a used oil
burner or first claim that used oil that is to be burned for energy recovery meets the used
oil fuel specifications set forth in section 33.1-24-05-611 must also comply with sections
e. Burners who dispose of used oil must comply with sections 33.1-24-05-680 through
33.1-24-05-689.
3. Specification fuel. Sections 33.1-24-05-660 through 33.1-24-05-669 do not apply to persons
burning used oil that meets the used oil fuel specifications of section 33.1-24-05-611, provided
that the burner complies with the requirements of sections 33.1-24-05-670 through
33.1-24-05-679.
History: Effective January 1, 2019.
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
### § 33.1-24-05-661. Restrictions on burning.

1. Off-specification used oil fuel may be burned for energy recovery in only the following devices:
a. Industrial furnaces identified in section 33.1-24-01-04;
b. Boilers, as defined in section 33.1-24-01-04, which are identified as follows:
(1) Industrial boilers located on the site of a facility engaged in a manufacturing process
where substances are transformed into new products, including the component
parts of products, by mechanical or chemical processes;
(2) Utility boilers used to produce electric power, steam, heated or cooled air, or other
gases or fluids for sale; or
(3) Used oil-fired space heaters provided that the burner meets the provisions of
section 33.1-24-05-623; or
c. Hazardous waste incinerators subject to regulation under sections 33.1-24-05-144
through 33.1-24-05-159.
2. Used oil burners.
a. With the following exception, used oil burners may not process used oil unless they also
comply with the requirements of sections 33.1-24-05-650 through 33.1-24-05-659.
b. Used oil burners may aggregate off-specification used oil with virgin oil or
on-specification used oil for purposes of burning, but may not aggregate for purposes of
producing on-specification used oil.
History: Effective January 1, 2019.
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
### § 33.1-24-05-662. Notification.

1. Identification numbers. Used oil burners who have not previously complied with the
notification requirements of section 33.1-24-03-03 must comply with these requirements and
obtain an identification number.
2. Mechanics of notification. A used oil burner who has not received an identification number
may obtain one by notifying the department of the used oil burner's used oil activity by
submitting either:
a. A completed notification of regulated waste activity form (environmental protection
agency form 8700-12, or equivalent state form); or
b. A letter requesting an identification number. The letter should include the following
information:
(1) Burner company name;
(2) Owner of the burner company;
(3) Mailing address for the burner;
(4) Name and telephone number for the burner point of contact;

(5) Type of used oil activity; and
(6) Location of the burner facility.
History: Effective January 1, 2019.
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
### § 33.1-24-05-663. Rebuttable presumption for used oil.

1. To ensure that used oil managed at a used oil burner facility is not hazardous waste under the
rebuttable presumption of paragraph 2 of subdivision a of subsection 2 of section
33.1-24-05-610, a used oil burner must determine whether the total halogen content of used
oil managed at the facility is above or below one thousand parts per million.
2. The used oil burner must determine if the used oil contains above or below one thousand
parts per million total halogens by:
a. Testing the used oil;
b. Applying knowledge of the halogen content of the used oil in light of the materials or
processes used; or
c. If the used oil has been received from a processor subject to regulation under sections
3. If the used oil contains greater than or equal to one thousand parts per million total halogens,
it is presumed to be a hazardous waste because it has been mixed with halogenated
hazardous waste listed in sections 33.1-24-02-15 through 33.1-24-02-19. The owner or
operator may rebut the presumption by demonstrating that the used oil does not contain
hazardous waste (for example, by showing that the used oil does not contain significant
concentrations of halogenated hazardous constituents listed in appendix V of chapter
33.1-24-02).
a. The rebuttable presumption does not apply to metalworking oils or fluids containing
chlorinated paraffins, if they are processed, through a tolling arrangement as described in
subsection 3 of section 33.1-24-05-624, to reclaim metalworking oils or fluids. The
presumption does apply to metalworking oils or fluids if such oils or fluids are recycled in
any other manner, or disposed.
b. The rebuttable presumption does not apply to used oils contaminated with
chlorofluorocarbons removed from refrigeration units where the chlorofluorocarbons are
destined for reclamation. The rebuttable presumption does apply to used oils
contaminated with chlorofluorocarbons that have been mixed with used oil from sources
other than refrigeration units.
4. Record retention. Records of analyses conducted or information used to comply with
subsections 1, 2, and 3 must be maintained by the burner for at least three years.
History: Effective January 1, 2019.
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
### § 33.1-24-05-664. Used oil storage.

Used oil burners are subject to all applicable spill prevention, control, and countermeasures
[40 CFR part 112] in addition to the requirements of sections 33.1-24-05-660 through 33.1-24-05-669.

Used oil burners are also subject to the underground storage tank (chapter 33.1-24-08) standards for
used oil stored in underground tanks whether or not the used oil exhibits any characteristics of
hazardous waste, in addition to the requirements of sections 33.1-24-05-660 through 33.1-24-05-669.
1. Storage units. Used oil burners may not store used oil in units other than tanks, containers,
or units subject to regulation under sections 33.1-24-05-01 through 33.1-24-05-190,
section 33.1-24-06-16.
2. Condition of units. Containers and aboveground tanks used to store oil at burner facilities
must be:
a. In good condition (no severe rusting, apparent structural defects, or deterioration); and
b. Not leaking (no visible leaks).
3. Secondary containment for containers. Containers used to store used oil at burner facilities
must be equipped with a secondary containment system.
a. The secondary containment system must consist of, at a minimum:
(1) Dikes, berms, or retaining walls; and
(2) A floor. The floor must cover the entire area within the dike, berm, or retaining wall.
b. The entire containment system, including walls and floor, must be sufficiently impervious
to used oil to prevent any used oil released into the containment system from migrating
out of the system to the soil, ground water, or surface water.
4. Secondary containment for existing aboveground tanks. Existing aboveground tanks
used to store used oil at burner facilities must be equipped with a secondary containment
system.
a. The secondary containment system must consist of, at a minimum:
(1) Dikes, berms, or retaining walls; and
(2) A floor. The floor must cover the entire area within the dike, berm, or retaining wall
except areas where existing portions of the tank meet the ground; or
(3) An equivalent secondary containment system.
b. The entire containment system, including walls and floor, must be sufficiently impervious
to used oil to prevent any used oil released into the containment system from migrating
out of the system to the soil, ground water, or surface water.
5. Secondary containment for new aboveground tanks. New aboveground tanks used to
store used oil at burner facilities must be equipped with a secondary containment system.
a. The secondary containment system must consist of, at a minimum:
(1) Dikes, berms, or retaining walls; and
(2) A floor. The floor must cover the entire area within the dike, berm, or retaining wall;
or
(3) An equivalent secondary containment system.

b. The entire containment system, including walls and floor, must be sufficiently impervious
to used oil to prevent any used oil released into the containment system from migrating
out of the system to the soil, ground water, or surface water.
6. Labels.
a. Containers and aboveground tanks used to store used oil at burner facilities must be
labeled or marked clearly with the words "Used Oil".
b. Fill pipes used to transfer used oil into underground storage tanks at burner facilities
must be labeled or marked clearly with the words "Used Oil".
7. Response to releases. Upon detection of a release of used oil to the environment not subject
to the requirements of chapter 33.1-24-08, sections 33.1-24-08-50 through 33.1-24-08-59, a
burner must perform the following cleanup steps:
a. Stop the release;
b. Contain the released used oil;
c. Clean up and manage properly the released used oil and other materials; and
d. If necessary, repair or replace any leaking used oil storage containers or tanks prior to
returning them to service.
History: Effective January 1, 2019.
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
### § 33.1-24-05-665. Tracking.

1. Acceptance. Used oil burners must keep a record of each used oil shipment accepted for
burning. These records may take the form of a log, invoice, manifest, bill of lading, or other
shipping documents. Records for each shipment must include the following information:
a. The name and address of the transporter who delivered the used oil to the burner;
b. The name and address of the generator or processor from whom the used oil was sent to
the burner;
c. The identification number of the transporter who delivered the used oil to the burner;
d. The identification number (if applicable) of the generator or processor from whom the
used oil was sent to the burner;
e. The quantity of used oil accepted; and
f. The date of acceptance.
2. Record retention. The records described in subsection 1 must be maintained for at least
three years.
History: Effective January 1, 2019.
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

### § 33.1-24-05-666. Notices.

1. Certification. Before a burner accepts the first shipment of off-specification used oil fuel from
a generator, transporter, or processor, the burner must provide to the generator, transporter, or
processor a one-time written and signed notice certifying that:
a. The burner has notified the department stating the location and general description of the
burner's used oil management activities; and
b. The burner will burn the used oil only in an industrial furnace or boiler identified in
subsection 1 of section 33.1-24-05-661.
2. Certification retention. The certification described in subsection 1 must be maintained for
three years from the date the burner last receives shipment of off-specification used oil from
that generator, transporter, or processor.
History: Effective January 1, 2019.
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
### § 33.1-24-05-667. Management of residues.

Burners who generate residues from the storage or burning of used oil must manage the residues
as specified in subsection 5 of section 33.1-24-05-610.
History: Effective January 1, 2019.
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
### § 33.1-24-05-668. [Reserved].

### § 33.1-24-05-669. [Reserved].

### § 33.1-24-05-670. Applicability of standards for used oil fuel marketers.

1. Any person who conducts either of the following activities is subject to the requirements of
sections 33.1-24-05-670 through 33.1-24-05-679:
a. Directs a shipment of off-specification used oil from their facility to a used oil burner; or
b. First claims that used oil that is to be burned for energy recovery meets the used oil fuel
specifications set forth in section 33.1-24-05-611.
2. The following persons are not marketers subject to sections 33.1-24-05-670 through
33.1-24-05-679:
a. Used oil generators and transporters who transport used oil received only from
generators, unless the generator or transporter directs a shipment of off-specification
used oil from their facility to a used oil burner. However, processors who burn some used
oil fuel for purposes of processing are considered to be burning incidentally to
processing. Thus, generators and transporters who direct shipments of off-specification
used oil to processors who incidentally burn used oil are not marketers subject to
sections 33.1-24-05-670 through 33.1-24-05-679;
b. Persons who direct shipments of on-specification used oil and who are not the first
person to claim the oil meets the used oil fuel specifications of section 33.1-24-05-611.

3. Any person subject to the requirements of sections 33.1-24-05-670 through 33.1-24-05-679
must also comply with one of the following:
a. Sections 33.1-24-05-620 through 33.1-24-05-629 - standards for used oil generators;
b. Sections 33.1-24-05-640 through 33.1-24-05-649 - standards for used oil transporters
and transfer facilities;
c. Sections 33.1-24-05-650 through 33.1-24-05-659 - standards for used oil processors; or
d. Sections 33.1-24-05-660 through 33.1-24-05-669 - standards for used oil burners who
burn off-specification used oil for energy recovery.
History: Effective January 1, 2019.
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
### § 33.1-24-05-671. Prohibitions.

A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil burner
who:
1. Has an identification number; and
2. Burns the used oil in an industrial furnace or boiler identified in subsection 1 of section
33.1-24-05-661.
History: Effective January 1, 2019.
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
### § 33.1-24-05-672. On-specification used oil fuel.

1. Analysis of used oil fuel. A generator, transporter, processor, or burner may determine that
used oil that is to be burned for energy recovery meets the fuel specifications of section
documenting that the used oil fuel meets the specifications.
2. Record retention. A generator, transporter, processor, or burner who first claims that used oil
that is to be burned for energy recovery meets the specifications for used oil fuel under
section 33.1-24-05-611, must keep copies of analyses of the used oil (or other information
used to make the determination) for three years.
History: Effective January 1, 2019.
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
### § 33.1-24-05-673. Notification.

1. Identification numbers. A used oil fuel marketer subject to the requirements of sections
requirements of section 33.1-24-03-03 must comply with these requirements and obtain an
identification number.
2. A marketer who has not received an identification number may obtain one by notifying the
department of their used oil activity by submitting either:

a. A completed notification of regulated waste activity form (environmental protection
agency form 8700-12, or equivalent state form); or
b. A letter requesting an identification number. The letter should include the following
information:
(1) Marketer company name;
(2) Owner of the marketer;
(3) Mailing address for the marketer;
(4) Name and telephone number for the marketer point of contact; and
(5) Type of used oil activity (for example, generator directing shipments of
off-specification used oil to a burner).
History: Effective January 1, 2019.
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
### § 33.1-24-05-674. Tracking.

1. Off-specification used oil delivery. Any used oil marketer who directs a shipment of
off-specification used oil to a burner must keep a record of each shipment of used oil to a used
oil burner. These records may take the form of a log, invoice, manifest, bill of lading, or other
shipping documents. Records for each shipment must include the following information:
a. The name and address of the transporter who delivers the used oil to the burner;
b. The name and address of the burner who will receive the used oil;
c. The identification number of the transporter who delivers the used oil to the burner;
d. The identification number of the burner;
e. The quantity of used oil shipped; and
f. The date of shipment.
2. On-specification used oil delivery. A generator, transporter, processor, or burner who first
claims that used oil that is to be burned for energy recovery meets the fuel specifications
under section 33.1-24-05-611 must keep a record of each shipment of used oil to the facility to
which it delivers the used oil. Records for each shipment must include the following
information:
a. The name and address of the facility receiving the shipment;
b. The quantity of used oil fuel delivered;
c. The date of shipment or delivery; and
d. A cross-reference to the record of used oil analysis or other information used to make the
determination that the oil meets the specifications as required under subsection 1 of
section 33.1-24-05-672.
3. Record retention. The records described in subsections 1 and 2 must be maintained for at
least three years.

History: Effective January 1, 2019.
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
### § 33.1-24-05-675. Notices.

1. Certification. Before a used oil generator, transporter, or processor directs the first shipment
of off-specification used oil fuel to a burner, the generator, transporter, or processor must
obtain a one-time written and signed notice from the burner certifying that:
a. The burner has notified the department stating the location and general description of
used oil management activities; and
b. The burner will burn the off-specification used oil only in an industrial furnace or boiler
identified in subsection 1 of section 33.1-24-05-661.
2. Certification retention. The certification described in subsection 1 must be maintained for
three years from the date the last shipment of off-specification used oil is shipped to the
burner.
History: Effective January 1, 2019.
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
### § 33.1-24-05-676. [Reserved].

### § 33.1-24-05-677. [Reserved].

### § 33.1-24-05-678. [Reserved].

### § 33.1-24-05-679. [Reserved].

### § 33.1-24-05-680. Applicability of standards for disposal of used oil.

The requirements of sections 33.1-24-05-680 through 33.1-24-05-689 apply to all used oils that
cannot be recycled and are therefore being disposed.
History: Effective January 1, 2019.
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
### § 33.1-24-05-681. Disposal.

1. Disposal of hazardous used oils. Used oils that are identified as a hazardous waste and
cannot be recycled in accordance with sections 33.1-24-05-600 through 33.1-24-05-689 must
be managed in accordance with the hazardous waste management requirements of article
33.1-24.
2. Disposal of nonhazardous used oils. Used oils that are not hazardous wastes and cannot
be recycled under sections 33.1-24-05-600 through 33.1-24-05-689 must be disposed in
accordance with the requirements of article 33.1-20.
History: Effective January 1, 2019.
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

### § 33.1-24-05-682. [Reserved].

### § 33.1-24-05-683. [Reserved].

### § 33.1-24-05-684. [Reserved].

### § 33.1-24-05-685. [Reserved].

### § 33.1-24-05-686. [Reserved].

### § 33.1-24-05-687. [Reserved].

### § 33.1-24-05-688. [Reserved].

### § 33.1-24-05-689. [Reserved].

### § 33.1-24-05-690. [Reserved].

### § 33.1-24-05-691. [Reserved].

### § 33.1-24-05-692. [Reserved].

### § 33.1-24-05-693. [Reserved].

### § 33.1-24-05-694. [Reserved].

### § 33.1-24-05-695. [Reserved].

### § 33.1-24-05-696. [Reserved].

### § 33.1-24-05-697. [Reserved].

### § 33.1-24-05-698. [Reserved].

### § 33.1-24-05-699. [Reserved].

### § 33.1-24-05-700. [Reserved].

### § 33.1-24-05-701. Scope of universal waste rule.

1. Sections 33.1-24-05-700 through 33.1-24-05-799 establish requirements for managing the
following:
a. Batteries as described in section 33.1-24-05-702;

b. Pesticides as described in section 33.1-24-05-703;
c. Mercury-containing equipment as described in section 33.1-24-05-704;
d. Lamps as described in section 33.1-24-05-705; and
e. Aerosol cans as described in section 33.1-24-05-706.
2. Sections 33.1-24-05-700 through 33.1-24-05-799 provide an alternative set of management
standards in lieu of regulation under chapters 33.1-24-01 through 33.1-24-04, chapter
33.1-24-06, sections 33.1-24-05-01 through 33.1-24-05-559, and 33.1-24-05-800 through
33.1-24-05-1149.
History: Effective January 1, 2019; amended effective July 1,2021.
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
### § 33.1-24-05-702. Applicability - Batteries.

1. Batteries covered under sections 33.1-24-05-700 through 33.1-24-05-799.
a. The requirements of sections 33.1-24-05-700 through 33.1-24-05-799 apply to persons
managing batteries as described in section 33.1-24-01-04, except as those listed in
subsection 2.
b. Spent lead-acid batteries which are not managed under sections 33.1-24-05-235 through
33.1-24-05-799.
2. Batteries not covered under sections 33.1-24-05-700 through 33.1-24-05-799. The
requirements of sections 33.1-24-05-700 through 33.1-24-05-799 do not apply to persons
managing the following batteries:
a. Spent lead-acid batteries that are managed under sections 33.1-24-05-235 through
33.1-24-05-249.
b. Batteries, as described in section 33.1-24-01-04, that are not yet wastes under chapter
33.1-24-02, including those that do not meet the criteria for waste generation in
subsection 3.
c. Batteries, as described in section 33.1-24-01-04, that are not hazardous waste. A battery
is a hazardous waste if it exhibits one or more of the characteristics identified in sections
3. Generation of waste batteries.
a. A used battery becomes a waste on the date it is discarded (for example, when sent for
reclamation).
b. An unused battery becomes a waste on the date the handler decides to discard it.
History: Effective January 1, 2019.
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

### § 33.1-24-05-703. Applicability - Pesticides.

1. Pesticides covered under sections 33.1-24-05-700 through 33.1-24-05-799. The
requirements of sections 33.1-24-05-700 through 33.1-24-05-799 apply to persons managing
pesticides, as described in section 33.1-24-01-04, meeting the following conditions, except
those listed in subsection 2:
a. Recalled pesticides that are:
(1) Stocks of a suspended and canceled pesticide that are part of a voluntary or
mandatory recall under federal Insecticide, Fungicide, and Rodenticide Act
section 19(b), including those owned by the registrant responsible for conducting
the recall; or
(2) Stocks of a suspended or canceled pesticide, or a pesticide that is not in
compliance with Federal Insecticide, Fungicide, and Rodenticide Act, that are part of
a voluntary recall by the registrant.
b. Stocks of other unused pesticide products that are collected and managed as part of a
waste pesticide collection program.
2. Pesticides not covered under sections 33.1-24-05-700 through 33.1-24-05-799. The
requirements of sections 33.1-24-05-700 through 33.1-24-05-799 do not apply to persons
managing the following pesticides:
a. Recalled pesticides described in subdivision a of subsection 1, and unused pesticide
products described in subdivision b of subsection 1, that are managed by farmers in
compliance with section 33.1-24-03-40.
b. Pesticides not meeting the conditions set forth in subsection 1. These pesticides must be
managed in compliance with the hazardous waste regulations in chapters 33.1-24-01
through 33.1-24-04, chapter 33.1-24-06, sections 33.1-24-05-01 through 33.1-24-05-559,
and 33.1-24-05-800 through 33.1-24-05-1149, except that aerosol cans as defined in
section 33.1-24-05-709 that contain pesticides may be managed as aerosol can
universal waste under subsection 5 of section 33.1-24-05-713 or subsection 5 of section
33.1-24-05-733;
c. Pesticides that are not wastes under chapter 33.1-24-02, including those that do not
meet the criteria for waste generation in subsection 3 or those that are not wastes as
described in subsection 4; and
d. Pesticides that are not hazardous waste. A pesticide is a hazardous waste if it is listed in
sections 33.1-24-02-15 through 33.1-24-02-19 or if it exhibits one or more of the
characteristics identified in sections 33.1-24-02-10 through 33.1-24-02-14.
3. When a pesticide becomes a waste.
a. A recalled pesticide described in subdivision a of subsection 1 becomes a waste on the
first date on which both of the following conditions apply:
(1) The generator of the recalled pesticide agrees to participate in the recall; and
(2) The person conducting the recall decides to discard the pesticide (for example, burn
the pesticide for energy recovery).
b. An unused pesticide product described in subdivision b of subsection 1 becomes a waste
on the date the generator decides to discard it.

4. Pesticides that are not wastes. The following pesticides are not wastes:
a. Recalled pesticides described in subdivision a of subsection 1 provided that the person
conducting the recall:
(1) Has not made a decision to discard the pesticide (for example, burn for energy
recovery). Until such a decision is made, the pesticide does not meet the definition
of "solid waste" under section 33.1-24-02-02; thus the pesticide is not a hazardous
waste and is not subject to hazardous waste requirements, including sections
requirements of Federal Insecticide, Fungicide, and Rodenticide Act; or
(2) Has made a decision to use a management option that, under section
33.1-24-02-02, does not cause the pesticide to be a solid waste (for example, the
selected option is use (other than use constituting disposal) or reuse (other than
burning for energy recovery) or reclamation). Such a pesticide is not a solid waste
and therefore is not a hazardous waste, and is not subject to hazardous waste
requirements including sections 33.1-24-05-700 through 33.1-24-05-799. This
pesticide, including a recalled pesticide that is exported to a foreign destination for
use or reuse, remains subject to the requirements of Federal Insecticide, Fungicide,
and Rodenticide Act.
b. Unused pesticide products described in subdivision b of subsection 1, if the generator of
the unused pesticide product has not decided to discard them (for example, burn for
energy recovery). These pesticides remain subject to the requirements of Federal
Insecticide, Fungicide, and Rodenticide Act.
History: Effective January 1, 2019; amended effective July 1, 2021.
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
### § 33.1-24-05-704. Applicability - Mercury-containing equipment.

1. Mercury-containing equipment covered under sections 33.1-24-05-700 through
### § 33.1-24-05-799. The requirements of sections 33.

1-24-05-700 through 33.1-24-05-799 apply
to persons managing mercury-containing equipment, as described in section 33.1-24-01-04,
except those listed in subsection 2.
2. Mercury-containing equipment not covered under sections 33.1-24-05-700 through
### § 33.1-24-05-799. The requirements of sections 33.

1-24-05-700 through 33.1-24-05-799 do not
apply to persons managing the following mercury-containing equipment:
a. Mercury-containing equipment that is not yet a waste under chapter 33.1-24-02.
Subsection 3 describes when mercury-containing equipment becomes a waste;
b. Mercury-containing equipment that is not a hazardous waste. Mercury-containing
equipment is a hazardous waste if it exhibits one or more of the characteristics identified
in sections 33.1-24-02-10 through 33.1-24-02-14 or is listed in sections 33.1-24-02-15
through 33.1-24-02-19; and
c. Equipment and devices from which the mercury-containing components have been
removed.
3. Generation of waste mercury-containing equipment.
a. Used mercury-containing equipment becomes a waste on the date it is discarded.

b. Unused mercury-containing equipment becomes a waste on the date the handler
decides to discard it.
History: Effective January 1, 2019.
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
### § 33.1-24-05-705. Applicability - Lamps.

1. Lamps covered under sections 33.1-24-05-700 through 33.1-24-05-799. The requirements of
sections 33.1-24-05-700 through 33.1-24-05-799 apply to persons managing lamps as
described in section 33.1-24-01-04, except those listed in subsection 2.
2. Lamps not covered under sections 33.1-24-05-700 through 33.1-24-05-799. The requirements
of sections 33.1-24-05-700 through 33.1-24-05-799 do not apply to persons managing the
following lamps:
a. Lamps that are not yet wastes under chapter 33.1-24-02 as provided in subsection 3.
b. Lamps that are not hazardous waste. A lamp is a hazardous waste if it exhibits one or
more of the characteristics identified in sections 33.1-24-02-10 through 33.1-24-02-14.
3. Generation of waste lamps.
a. A used lamp becomes a waste on the date it is discarded.
b. An unused lamp becomes a waste on the date the handler decides to discard it.
History: Effective January 1, 2019.
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
### § 33.1-24-05-706. Applicability - Aerosol cans.

1. Aerosol cans covered under sections 33.1-24-05-700 through 33.1-24-05-799. Aerosol
cans covered under sections 33.1-24-05-700 through 33.1-24-05-799 apply to persons
managing aerosol cans as described in 33.1-24-05-709, except those listed in subsection 2.
2. Aerosol cans not covered under sections 33.1-24-05-700 through 33.1-24-05-799. The
requirements of sections 33.1-24-05-700 through 33.1-24-05-799 do not apply to persons
managing the following types of aerosol cans:
a. Aerosol cans that are not yet waste under section 33.1-24-02-02. Subsection 3 describes
when aerosol cans become waste;
b. Aerosol cans that are not hazardous waste. An aerosol can is a hazardous waste if the
aerosol can exhibits one or more of the characteristics identified in sections
sections 33.1-24-02-15 through 33.1-24-02-18; and
c. Aerosol cans that meet the standard for empty containers under section 33.1-24-02-07.
3. Generation of waste aerosol cans.
a. A used aerosol can becomes a waste on the date it is discarded.
b. An unused aerosol can becomes a waste on the date the handler decides to discard it.
History: Effective July 1, 2021.

General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-707. [Reserved].

### § 33.1-24-05-708. Applicability - Household and very small quantity generator waste.

1. Persons managing the wastes listed below may, at their option, manage them under the
requirements of sections 33.1-24-05-700 through 33.1-24-05-799:
a. Household wastes that are exempt under subdivision a of subsection 2 of section
33.1-24-01-04; or
b. Very small quantity generator wastes that are exempt under section 33.1-24-03-26 and
are also of the same type as the universal wastes defined in section 33.1-24-01-04.
2. Persons who commingle the wastes described in subdivisions a and b of subsection 1
together with universal waste regulated under sections 33.1-24-05-700 through
History: Effective January 1, 2019; amended effective July 1, 2020; July 1, 2021.
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
### § 33.1-24-05-709. Definitions.

Terms that are defined in sections 33.1-24-01-04 and 33.1-24-02-01 and chapter 33.1-24-05 have
the same meanings when used in sections 33.1-24-05-700 through 33.1-24-05-799.
1. "Aerosol can" means a nonrefillable receptacle containing a gas compressed, liquefied, or
dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and
fitted with a self-closing release device allowing the contents to be ejected by the gas.
2. "Ampule" means an airtight vial made of glass, plastic, metal, or any combination of these
materials.
3. "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act [7 United States Code
136-136y].
4. "Large quantity handler of universal waste" means a universal waste handler (as defined in
section 33.1-24-01-04) who accumulates five thousand kilograms or more total of universal
waste (batteries, pesticides, lamps, mercury-containing equipment, or aerosol cans calculated
collectively) at any time. This designation as a large quantity handler of universal waste is
retained through the end of the calendar year in which the five thousand kilogram limit is met
or exceeded.
5. "Small quantity handler of universal waste" means a universal waste handler (as defined in
section 33.1-24-01-04) who does not accumulate five thousand kilograms or more total of
universal waste (batteries, pesticides, lamps, mercury-containing equipment, or aerosol cans
calculated collectively) at any time.
History: Effective January 1, 2019; amended effective July 1, 2021.
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

### § 33.1-24-05-710. Applicability - Small quantity handlers of universal waste.

Sections 33.1-24-05-710 through 33.1-24-05-720 apply to small quantity handlers of universal
waste.
History: Effective January 1, 2019.
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
### § 33.1-24-05-711. Prohibitions.

A small quantity handler of universal waste is:
1. Prohibited from disposing of universal waste; and
2. Prohibited from diluting or treating universal waste, except by responding to releases as
provided by section 33.1-24-05-717; or by managing specific wastes as provided in section
33.1-24-05-713.
History: Effective January 1, 2019.
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
### § 33.1-24-05-712. Notification.

A small quantity handler of universal waste is not required to notify the department of universal
waste handling activities.
History: Effective January 1, 2019.
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
### § 33.1-24-05-713. Waste management.

1. Universal waste batteries. A small quantity handler of universal waste must manage
universal waste batteries in a way that prevents releases of any universal waste or component
of a universal waste to the environment, as follows:
a. A small quantity handler of universal waste must contain any universal waste battery that
shows evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions in a container. The container must be closed,
structurally sound, compatible with the contents of the battery and must lack evidence of
leakage, spillage, or damage that could cause leakage under reasonably foreseeable
conditions.
b. A small quantity handler of universal waste may conduct the following activities as long
as the casing of each individual battery cell is not breached and remains intact and
closed (except that cells may be opened to remove electrolyte but must be immediately
closed after removal):
(1) Sorting batteries by type;
(2) Mixing battery types in one container;
(3) Discharging batteries so as to remove the electric charge;
(4) Regenerating used batteries;

(5) Disassembling batteries or battery packs into individual batteries or cells;
(6) Removing batteries from consumer products; or
(7) Removing electrolyte from batteries.
c. A small quantity handler of universal waste who removes electrolyte from batteries, or
who generates other solid waste (for example, battery pack materials, discarded
consumer products) as a result of the activities listed in subdivision b, must determine
whether the electrolyte or other solid waste, or both, exhibit one or more of the
characteristics of hazardous waste identified in sections 33.1-24-02-10 through
33.1-24-02-14.
(1) If the electrolyte or other solid waste, or both, exhibit a characteristic of hazardous
waste, it is subject to all applicable requirements of chapters 33.1-24-01 through
33.1-24-04, chapter 33.1-24-06, sections 33.1-24-05-01 through 33.1-24-05-559,
and 33.1-24-05-800 through 33.1-24-05-1149. The handler is considered the
generator of the hazardous electrolyte or other hazardous waste, or both, and is
subject to the requirements of chapter 33.1-24-03.
(2) If the electrolyte or other solid waste is not hazardous, the handler may manage the
waste in compliance with applicable federal, state, or local solid waste regulations.
2. Universal waste pesticides. A small quantity handler of universal waste must manage
universal waste pesticides in a way that prevents releases of any universal waste or
component of a universal waste to the environment. The universal waste pesticides must be
contained in one or more of the following:
a. A container that remains closed, structurally sound, compatible with the pesticide, and
that lacks evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions;
b. A container that does not meet the requirements of subdivision a, provided that the
unacceptable container is overpacked in a container that does meet the requirements of
subdivision a;
c. A tank that meets the requirements of sections 33.1-24-05-103 through 33.1-24-05-117,
except subsection 3 of section 33.1-24-06-110 and sections 33.1-24-05-113 and
33.1-24-05-114; or
d. A transport vehicle or vessel that is closed, structurally sound, compatible with the
pesticide, and that lacks evidence of leakage, spillage, or damage that could cause
leakage under reasonably foreseeable conditions.
3. Mercury-containing equipment. A small quantity handler of universal waste must manage
universal waste mercury-containing equipment in a way that prevents releases of any
universal waste or component of a universal waste to the environment, as follows:
a. A small quantity handler of universal waste must place in a container any universal waste
mercury-containing equipment with noncontained elemental mercury or that shows
evidence of leakage, spillage, or damage that could cause leakage under reasonable
foreseeable conditions. The container must be closed, structurally sound, compatible with
the contents of the device, must lack evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable conditions, and must be reasonably
designed to prevent the escape of mercury into the environment by volatilization or any
other means.

b. A small quantity handler of universal waste may remove mercury-containing ampules or
other reservoirs from universal waste mercury-containing equipment provided the
handler:
(1) Removes and manages the ampules or other reservoirs in a manner designed to
prevent breakage of the ampules or other reservoirs;
(2) Removes the ampules or other reservoirs only over or in a containment device (for
example, a tray or pan sufficient to collect and contain any mercury released from
an ampule or other reservoir in case of breakage);
(3) Ensures that a mercury cleanup system is readily available to immediately transfer
any mercury resulting from spills or leaks from broken ampules or other reservoirs
from that containment device to a container that meets all applicable requirements
of sections 33.1-24-03-26 through 33.1-24-03-29;
(4) Immediately transfers any mercury resulting from spills or leaks from broken
ampules or other reservoirs from the containment device to a container that meets
the requirements of section all applicable requirements of sections 33.1-24-03-26
through 33.1-24-03-29;
(5) Ensures that the area in which ampules or other reservoirs are removed is
well-ventilated and monitored to ensure compliance with applicable occupational
safety and health administration exposure levels for mercury;
(6) Ensures that employees removing ampules or other reservoirs are thoroughly
familiar with proper waste mercury handling and emergency procedures, including
transfer of mercury from containment devices to appropriate containers;
(7) Stores removed ampules or other reservoirs in closed, nonleaking containers that
are in good condition; and
(8) Packs removed ampules or other reservoirs in the container with packing materials
adequate to prevent breakage during storage, handling, and transportation.
c. A small quantity handler of universal waste mercury-containing equipment that does not
contain an ampule or other reservoirs may remove the open original housing holding the
mercury from universal waste mercury-containing equipment provided the handler:
(1) Immediately seals the original housing holding the mercury with an airtight seal to
prevent the release of any mercury to the environment; and
(2) Follows all requirements for removing ampules or other reservoirs and managing
removed ampules or other reservoirs under subdivision b.
d. A small quantity handler of universal waste who removes mercury containing ampules or
other reservoirs from mercury-containing equipment or seals mercury from
mercury-containing equipment in its original housing must:
(1) Determine whether the following exhibit a characteristic of hazardous waste
identified in sections 33.1-24-02-10 through 33.1-24-02-14:
(a) Mercury or cleanup residues resulting from spills or leaks;
(b) Other solid waste generated as a result of the removal of mercury-containing
ampules or other reservoirs or housings (for example, the remaining
mercury-containing device); or

(c) Both.
(2) If the mercury, residues, or other solid waste, or any combination thereof, exhibits a
characteristic of hazardous waste, it must be managed in compliance with all
applicable requirements of chapters 33.1-24-01 through 33.1-24-04, chapter
33.1-24-06, sections 33.1-24-05-01 through 33.1-24-05-559, and 33.1-24-05-800
through 33.1-24-05-1149. The handler is considered the generator of the mercury,
residues, or other solid waste, or any combination thereof, and must manage it in
compliance with chapter 33.1-24-03.
(3) If the mercury, residues, or other solid waste, or any combination thereof, is not
hazardous, the handler may manage the waste in any way that is in compliance with
applicable federal, state, or local solid waste regulations.
4. Lamps. A small quantity handler of universal waste must manage lamps in a way that
prevents releases of any universal waste or component of a universal waste to the
environment, as follows:
a. A small quantity handler of universal waste must contain any lamp in containers or
packages that are structurally sound, adequate to prevent breakage, and compatible with
the contents of the lamps. Such containers and packages must remain closed and must
lack evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions.
b. A small quantity handler of universal waste must immediately clean up and place in a
container any lamp that is broken and must place in a container any lamp that shows
evidence of breakage, leakage, or damage that could cause the release of mercury or
other hazardous constituents to the environment. Containers must be closed, structurally
sound, compatible with the contents of the lamps and must lack evidence of leakage,
spillage, or damage that could cause leakage or releases of mercury or other hazardous
constituents to the environment under reasonably foreseeable conditions.
5. Aerosol cans. A small quantity handler of universal waste must manage universal waste
aerosol cans in a way that prevents releases of any universal waste or component of a
universal waste to the environment as follows:
a. Universal waste aerosol cans must be accumulated in a container that is structurally
sound, compatible with the contents of the aerosol cans, lacks evidence of leakage,
spillage, or damage that could cause leakage under reasonably foreseeable conditions,
and is protected from sources of heat.
b. Universal waste aerosol cans that show evidence of leakage must be packaged in a
separate closed container or overpacked with absorbents, or immediately punctured and
drained in accordance with the requirements of subdivision d.
c. A small quantity handler of universal waste may conduct the following activities as long
as each individual aerosol can is not breached and remains intact:
(1) Sorting aerosol cans by type;
(2) Mixing intact cans in one container; and
(3) Removing actuators to reduce the risk of accidental release.
d. A small quantity handler of universal waste who punctures and drains their aerosol cans
shall recycle the empty punctured aerosol cans and meet the following requirements
while puncturing and draining universal waste aerosol cans:

(1) Conduct puncturing and draining activities using a device specifically designed to
safely puncture aerosol cans and effectively contain the residual contents and any
emissions thereof;
(2) Establish and follow a written procedure detailing how to safely puncture and drain
the universal waste aerosol can, including proper assembly, operation, and
maintenance of the unit; segregation of incompatible wastes; and proper waste
management practices to prevent fires or releases;
(3) Maintain an onsite copy of the manufacturer's specification and instructions for any
can puncturing devices used onsite;
(4) Ensure employees are operating can puncturing devices appropriately, and have
been trained in the proper procedures;
(5) Ensure the puncturing of the can is done in a manner designed to prevent fires and
to prevent the release of any component of universal waste to the environment. This
manner includes locating the equipment on a solid, flat surface in a well-ventilated
area;
(6) Immediately transfer the contents from the waste aerosol can or puncturing device,
if applicable, to a container or tank that meets the applicable requirements of
sections 33.1-24-03-26 through 33.1-24-03-29;
(7) Conduct a hazardous waste determination on the contents of the emptied aerosol
can per section 33.1-24-03-02. Any hazardous waste generated as a result of
puncturing and draining the aerosol can is subject to all applicable requirements of
chapters 33.1-24-01 through 33.1-24-07. The handler is considered a generator of
the hazardous waste and is subject to the generator requirements of chapter
33.1-24-03.
(8) If the contents are determined to be nonhazardous, the handler may manage the
waste in any way that is in compliance with applicable federal, state, or local solid
waste requirements; and
(9) A written procedure must be in place in the event of a spill or leak, and a spill
cleanup kit must be provided. All spills or leaks of the contents of aerosol cans must
be cleaned up promptly.
6. Universal waste aerosol cans, i.e., each aerosol can, or a container in which aerosol cans are
contained must be labeled or marked clearly with any of the following phrases: "Universal
Waste - Aerosol Can(s)"; "Waste Aerosol Can(s)"; or "Used Aerosol Can(s)".
History: Effective January 1, 2019; amended effective July 1, 2021.
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
### § 33.1-24-05-714. Labeling and marking.

A small quantity handler of universal waste must label or mark the universal waste to identify the
type of universal waste as specified below:
1. Universal waste batteries (for example, each battery), or a container in which the batteries are
contained, must be labeled or marked clearly with any one of the following phrases: "Universal
Waste - Battery(ies)", or "Waste Battery(ies)", "Used Battery(ies)".

2. A container, (or multiple container package unit), tank, or transport vehicle or vessel in which
recalled universal waste pesticides as described in subdivision a of subsection 1 of section
a. The label that was on or accompanied the product as sold or distributed; and
b. The words "Universal Waste - Pesticide(s)" or "Waste - Pesticide(s)".
3. A container, tank, or transport vehicle or vessel in which unused pesticide products as
described in subdivision b of subsection 1 of section 33.1-24-05-703 are contained must be
labeled or marked clearly with:
a. The following:
(1) The label that was on the product when purchased, if still legible;
(2) If using the labels described in paragraph 1 is not feasible, the appropriate label as
required under department of transportation regulation 49 CFR part 172; or
(3) If using the labels described in paragraphs 1 and 2 is not feasible, another label
prescribed or designated by the waste pesticide collection program administered or
recognized by the state; and
b. The words "Universal Waste - Pesticide(s)" or "Waste - Pesticide(s)".
4. Universal waste mercury-containing equipment (for example, each device), or a container in
which the equipment is contained, must be labeled or marked clearly with any of the following
phrases: "Universal Waste - Mercury-Containing Equipment", "Waste Mercury-Containing
Equipment", or "Used Mercury-Containing Equipment". A universal waste mercury-containing
thermostat or container containing only universal waste mercury-containing thermostats may
be labeled or marked clearly with any of the following phrases: "Universal Waste - Mercury
Thermostat(s)", "Waste Mercury Thermostat(s)", or "Used Mercury Thermostat(s)".
5. Each lamp or a container or package in which such lamps are contained must be labeled or
marked clearly with one of the following phrases: "Universal Waste - Lamp(s)", or "Waste
Lamp(s)", or "Used Lamp(s)".
History: Effective January 1, 2019.
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
### § 33.1-24-05-715. Accumulation time limits.

1. A small quantity handler of universal waste may accumulate universal waste for no longer than
one year from the date the universal waste is generated, or received from another handler,
unless the requirements of subsection 2 are met.
2. A small quantity handler of universal waste may accumulate universal waste for longer than
one year from the date the universal waste is generated, or received from another handler, if
such activity is solely for the purpose of accumulation of such quantities of universal waste as
necessary to facilitate proper recovery, treatment, or disposal. However, the handler bears the
burden of proving that such activity is solely for the purpose of accumulation of such quantities
of universal waste as necessary to facilitate proper recovery, treatment, or disposal.
3. A small quantity handler of universal waste who accumulates universal waste must be able to
demonstrate the length of time that the universal waste has been accumulated from the date it
becomes a waste or is received. The handler may make this demonstration by:

a. Placing the universal waste in a container and marking or labeling the container with the
earliest date that any universal waste in the container became a waste or was received;
b. Marking or labeling each individual item of universal waste (for example, each battery or
mercury-containing device) with the date it became a waste or was received;
c. Maintaining an inventory system onsite that identifies the date each universal waste
became a waste or was received;
d. Maintaining an inventory system onsite that identifies the earliest date that any universal
waste in a group of universal waste items or a group of containers of universal waste
became a waste or was received;
e. Placing the universal waste in a specific accumulation area and identifying the earliest
date that any universal waste in the area became a waste or was received; or
f. Any other method which clearly demonstrates the length of time that the universal waste
has been accumulated from the date it becomes a waste or is received.
History: Effective January 1, 2019.
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
### § 33.1-24-05-716. Employee training.

A small quantity handler of universal waste shall inform all employees who handle or have
responsibility for managing universal waste. The information must describe proper waste handling and
emergency procedures appropriate for the type or types of universal waste handled at the facility.
History: Effective January 1, 2019.
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
### § 33.1-24-05-717. Response to releases.

1. A small quantity handler of universal waste shall immediately contain all releases of universal
wastes and other residues from universal wastes.
2. A small quantity handler of universal waste shall determine whether any material resulting
from the release is hazardous waste, and if so, must manage the hazardous waste in
compliance with all applicable requirements of chapters 33.1-24-01 through 33.1-24-04,
chapter 33.1-24-06, sections 33.1-24-05-01 through 33.1-24-05-559, and 33.1-24-05-800
through 33.1-24-05-1149. The handler is considered the generator of the material resulting
from the release, and must manage it in compliance with chapter 33.1-24-03.
History: Effective January 1, 2019.
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
### § 33.1-24-05-718. Offsite shipments.

1. A small quantity handler of universal waste is prohibited from sending or taking universal
waste to a place other than another universal waste handler, a destination facility, or a foreign
destination.
2. If a small quantity handler of universal waste self-transports universal waste offsite, the
handler becomes a universal waste transporter for those self-transportation activities and

must comply with the transporter requirements of sections 33.1-24-05-750 through
3. If a universal waste being offered for offsite transportation meets the definition of hazardous
materials under 49 CFR parts 171 through 180, a small quantity handler of universal waste
must package, label, mark, and placard the shipment and prepare the proper shipping papers
in accordance with applicable department of transportation regulations under 49 CFR
parts 172 through 180.
4. Prior to sending a shipment of universal waste to another universal waste handler, the
originating small quantity handler shall ensure that the receiving handler agrees to receive the
shipment.
5. If a small quantity handler of universal waste sends a shipment of universal waste to another
handler or to a destination facility and the shipment is rejected by the receiving handler or
destination facility, the originating handler shall either:
a. Receive the universal waste back when notified that the shipment has been rejected; or
b. Agree with the receiving handler on a destination facility to which the shipment will be
sent.
6. A small quantity handler of universal waste may reject a shipment containing universal waste,
or a portion of a shipment containing universal waste that the handler has received from
another handler. If a handler rejects a shipment or a portion of a shipment, the receiving
handler shall contact the originating handler to notify the originating handler of the rejection
and to discuss reshipment of the load. The receiving handler shall:
a. Send the shipment back to the originating handler; or
b. If agreed to by both the originating and receiving handler, send the shipment to a
destination facility.
7. If a small quantity handler of universal waste receives a shipment containing hazardous waste
that is not a universal waste, the handler shall immediately notify the department of the illegal
shipment, and provide the name, address, and telephone number of the originating shipper.
The department will provide instructions for managing the hazardous waste.
8. If a small quantity handler of universal waste receives a shipment of nonhazardous,
nonuniversal waste, the handler may manage the waste in any way that is in compliance with
applicable federal, state, or local waste regulations.
History: Effective January 1, 2019.
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
### § 33.1-24-05-719. Tracking universal waste shipments.

A small quantity handler of universal waste is not required to keep records of shipments of
universal waste.
History: Effective January 1, 2019.
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

### § 33.1-24-05-720. Exports.

A small quantity handler of universal waste that sends universal waste to a foreign destination is
subject to the requirements of sections 33.1-24-03-50 through 33.1-24-03-55.
History: Effective January 1, 2019; amended effective July 1, 2020.
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
### § 33.1-24-05-721. [Reserved].

### § 33.1-24-05-722. [Reserved].

### § 33.1-24-05-723. [Reserved].

### § 33.1-24-05-724. [Reserved].

### § 33.1-24-05-725. [Reserved].

### § 33.1-24-05-726. [Reserved].

### § 33.1-24-05-727. [Reserved].

### § 33.1-24-05-728. [Reserved].

### § 33.1-24-05-729. [Reserved].

### § 33.1-24-05-730. Applicability - Large quantity handlers of universal waste.

Sections 33.1-24-05-730 through 33.1-24-05-740 apply to large quantity handlers of universal
waste.
History: Effective January 1, 2019.
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
### § 33.1-24-05-731. Prohibitions.

A large quantity handler of universal waste is:
1. Prohibited from disposing of universal waste; and
2. Prohibited from diluting or treating universal waste, except by responding to releases as
provided by section 33.1-24-05-737, or by managing specific wastes as provided in section
33.1-24-05-733.
History: Effective January 1, 2019.
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

### § 33.1-24-05-732. Notification.

1. A large quantity handler of universal waste shall:
a. Except as provided in subdivisions b and c, send written notification of universal waste
management activities to the department, and receive an identification number before
meeting or exceeding the five thousand kilogram storage limit.
b. A large quantity handler of universal waste who has already notified the department of
the person's hazardous waste management activities and received an identification
number is not required to renotify.
c. A large quantity handler of universal waste who manages recalled universal waste
pesticides as described in subdivision a of subsection 1 of section 33.1-24-05-703 and
who has sent notification to the environmental protection agency as required by 40 CFR
part 165 is not required to notify for those recalled universal waste pesticides.
2. This notification must include:
a. The universal waste handler's name and mailing address;
b. The name and business telephone number of the person at the universal waste handler's
site who should be contacted regarding universal waste management activities;
c. The address or physical location of the universal waste management activities;
d. A list of all types of universal waste managed by the handler (for example, batteries,
pesticides, mercury-containing equipment, lamps, and aerosol cans); and
e. A statement indicating that the handler is accumulating more than five thousand
kilograms of universal waste at one time.
History: Effective January 1, 2019; amended effective July 1, 2021.
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
### § 33.1-24-05-733. Waste management.

1. Universal waste batteries. A large quantity handler of universal waste must manage
universal waste batteries in a way that prevents releases of any universal waste or component
of a universal waste to the environment, as follows:
a. A large quantity handler of universal waste must contain any universal waste battery that
shows evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions in a container. The container must be closed,
structurally sound, compatible with the contents of the battery and must lack evidence of
leakage, spillage, or damage that could cause leakage under reasonably foreseeable
conditions.
b. A large quantity handler of universal waste may conduct the following activities as long
as the casing of each individual battery cell is not breached and remains intact and
closed (except that cells may be opened to remove electrolyte but must be immediately
closed after removal):
(1) Sorting batteries by type;
(2) Mixing battery types in one container;

(3) Discharging batteries so as to remove the electric charge;
(4) Regenerating used batteries;
(5) Disassembling batteries or battery packs into individual batteries or cells;
(6) Removing batteries from consumer products; or
(7) Removing electrolyte from batteries.
c. A large quantity handler of universal waste who removes electrolyte from batteries, or
who generates other solid waste (for example, battery pack materials, discarded
consumer products) as a result of the activities listed in subdivision b, must determine
whether the electrolyte or other solid waste, or both, exhibit one or more of the
characteristics of hazardous waste identified in sections 33.1-24-02-10 through
33.1-24-02-14.
(1) If the electrolyte or other solid waste, or both, exhibit a characteristic of hazardous
waste, it is subject to all applicable requirements of chapters 33.1-24-01 through
33.1-24-04, chapter 33.1-24-06, sections 33.1-24-05-01 through 33.1-24-05-559,
and 33.1-24-05-800 through 33.1-24-05-1149. The handler is considered the
generator of the hazardous electrolyte or other hazardous waste and is subject to
the requirements of chapter 33.1-24-03.
(2) If the electrolyte or other solid waste is not hazardous, the handler may manage the
waste in compliance with applicable federal, state, or local solid waste regulations.
2. Universal waste pesticides. A large quantity handler of universal waste must manage
universal waste pesticides in a way that prevents releases of any universal waste or
component of a universal waste to the environment. The universal waste pesticides must be
contained in one or more of the following:
a. A container that remains closed, structurally sound, compatible with the pesticide, and
that lacks evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions;
b. A container that does not meet the requirements of subdivision a, provided that the
unacceptable container is overpacked in a container that does meet the requirements of
subdivision a;
c. A tank that meets the requirements of sections 33.1-24-05-103 through 33.1-24-05-117,
except subsection 3 of section 33.1-24-06-110 and sections 33.1-24-05-113 and
33.1-24-05-114; or
d. A transport vehicle or vessel that is closed, structurally sound, compatible with the
pesticide, and that lacks evidence of leakage, spillage, or damage that could cause
leakage under reasonably foreseeable conditions.
3. Mercury-containing equipment. A large quantity handler of universal waste must manage
universal waste mercury-containing equipment in a way that prevents releases of any
universal waste or component of a universal waste to the environment, as follows:
a. A large quantity handler of universal waste must place in a container any universal waste
mercury-containing equipment with noncontained elemental mercury or that shows
evidence of leakage, spillage, or damage that could cause leakage under reasonably
foreseeable conditions. The container must be closed, structurally sound, compatible with
the contents of the device, must lack evidence of leakage, spillage, or damage that could

cause leakage under reasonably foreseeable conditions and must be reasonably
designed to prevent the escape of mercury into the environment by volatilization or any
other means.
b. A large quantity handler of universal waste may remove mercury-containing ampules or
other reservoirs from universal waste mercury-containing equipment provided the
handler:
(1) Removes and manages the ampules or other reservoirs in a manner designed to
prevent breakage of the ampules or other reservoirs;
(2) Removes the ampules or other reservoirs only over or in a containment device (for
example, tray or pan sufficient to collect and contain any mercury released from an
ampule or other reservoir in case of breakage);
(3) Ensures that a mercury cleanup system is readily available to immediately transfer
any mercury resulting from spills or leaks of broken ampules or other reservoirs
from that containment device to a container that meets the requirements of all
applicable requirements of sections 33.1-24-03-26 through 33.1-24-03-29;
(4) Immediately transfers any mercury resulting from spills or leaks from broken
ampules or other reservoirs from the containment device to a container that meets
the requirements of all applicable requirements of sections 33.1-24-03-26 through
33.1-24-03-29;
(5) Ensures that the area in which ampules or other reservoirs are removed is
well-ventilated and monitored to ensure compliance with applicable occupational
safety and health administration exposure levels for mercury;
(6) Ensures that employees removing ampules or other reservoirs are thoroughly
familiar with proper waste mercury handling and emergency procedures, including
transfer of mercury from containment devices to appropriate containers;
(7) Stores removed ampules or other reservoirs in closed, nonleaking containers that
are in good condition; and
(8) Packs removed ampules or other reservoirs in the container with packing materials
adequate to prevent breakage during storage, handling, and transportation.
c. A large quantity handler of universal waste mercury-containing equipment that does not
contain an ampule or other reservoirs may remove the open original housing holding the
mercury from universal waste mercury-containing equipment provided the handler:
(1) Immediately seals the original housing holding the mercury with an airtight seal to
prevent the release of any mercury to the environment; and
(2) Follows all requirements for removing ampules and managing removed ampules
under subdivision b.
d. A large quantity handler of universal waste who removes mercury-containing ampules or
other reservoirs from mercury-containing equipment or seals mercury from
mercury-containing equipment in its original housing must:
(1) Determine whether the following exhibit a characteristic of hazardous waste
identified in sections 33.1-24-02-10 through 33.1-24-02-14:
(a) Mercury or cleanup residues resulting from spills or leaks;

(b) Other solid waste generated as a result of the removal of mercury-containing
ampules or other reservoirs or housings (for example, the remaining
mercury-containing device); or
(c) Both.
(2) If the mercury, residues, or other solid waste, or any combination thereof, exhibits a
characteristic of hazardous waste, it must be managed in compliance with all
applicable requirements of chapters 33.1-24-01 through 33.1-24-04, chapter
33.1-24-06, sections 33.1-24-05-01 through 33.1-24-05-559, and 33.1-24-05-800
through 33.1-24-05-1149. The handler is considered the generator of the mercury,
residues, or other solid waste, or any combination thereof, and must manage it in
compliance with chapter 33.1-24-03.
(3) If the mercury, residues, or other solid waste, or any combination thereof, is not
hazardous, the handler may manage the waste in any way that is in compliance with
applicable federal, state, or local solid waste regulations.
4. Lamps. A large quantity handler of universal waste must manage lamps in a way that
prevents releases of any universal waste or component of a universal waste to the
environment, as follows:
a. A large quantity handler of universal waste must contain any lamp in containers or
packages that are structurally sound, adequate to prevent breakage, and compatible with
the contents of the lamps. Such containers and packages must remain closed and must
lack evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions.
b. A large quantity handler of universal waste must immediately clean up and place in a
container any lamp that is broken and must place in a container any lamp that shows
evidence of breakage, leakage, or damage that could cause the release of mercury or
other hazardous constituents to the environment. Containers must be closed, structurally
sound, compatible with the contents of the lamps and must lack evidence of leakage,
spillage, or damage that could cause leakage or releases of mercury or other hazardous
constituents to the environment under reasonably foreseeable conditions.
5. Aerosol cans. A large quantity handler of universal waste must manage universal waste
aerosol cans in a way that prevents releases of any universal waste or component of a
universal waste to the environment, as follows:
a. Universal waste aerosol cans must be accumulated in a container that is structurally
sound, compatible with the contents of the aerosol cans, lacks evidence of leakage,
spillage, or damage that could cause leakage under reasonably foreseeable conditions,
and is protected from sources of heat.
b. Universal waste aerosol cans that show evidence of leakage must be packaged in a
separate closed container or overpacked with absorbents, or immediately punctured and
drained in accordance with the requirements of this subsection.
c. A large quantity handler of universal waste may conduct the following activities as long
as each individual aerosol can is not breached and remains intact:
(1) Sorting aerosol cans by type;
(2) Mixing intact cans in one container; and
(3) Removing actuators to reduce the risk of accidental release.

d. A large quantity handler of universal waste who punctures and drains their aerosol cans
shall recycle the empty punctured aerosol cans and meet the following requirements
while puncturing and draining universal waste aerosol cans:
(1) Conduct puncturing and draining activities using a device specifically designed to
safely puncture aerosol cans and effectively contain the residual contents and any
emissions thereof;
(2) Establish and follow a written procedure detailing how to safely puncture and drain
the universal waste aerosol can, including proper assembly, operation, and
maintenance of the unit; segregation of incompatible wastes, and proper waste
management practices to prevent fires or releases;
(3) Maintain an onsite copy of the manufacturer's specification and instructions for any
can puncturing devices used onsite;
(4) Ensure employees are operating can puncturing devices appropriately, and have
been trained in the proper procedures;
(5) Ensure the puncturing of the can is done in a manner designed to prevent fires and
to prevent the release of any component of universal waste to the environment. This
manner includes locating the equipment on a solid, flat surface in a well-ventilated
area;
(6) Immediately transfer the contents from the waste aerosol can or puncturing device,
if applicable, to a container or tank that meets the applicable requirements of
sections 33.1-24-03-26 through 33.1-24-03-29;
(7) Conduct a hazardous waste determination on the contents of the emptied aerosol
can per section 33.1-24-03-02. Any hazardous waste generated as a result of
puncturing and draining the aerosol can is subject all applicable requirements of
chapters 33.1-24-01 through 33.1-24-07. The handler is considered a generator of
the hazardous waste and is subject to the generator requirements of chapter
33.1-24-03.
(8) If the contents are determined to be nonhazardous, the handler may manage the
waste in any way that is in compliance with applicable federal, state, or local solid
waste requirements; and
(9) A written procedure must be in place in the event of a spill or leak, and a spill
cleanup kit must be provided. All spills or leaks of the contents of aerosol cans must
be cleaned up promptly.
6. Universal waste aerosol cans, i.e., each aerosol can, or a container in which aerosol cans are
contained must be labeled or marked clearly with any of the following phrases: "Universal
Waste - Aerosol Can(s)"; "Waste Aerosol Can(s)"; or "Used Aerosol Can(s)".
History: Effective January 1, 2019; amended effective July 1, 2021.
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
### § 33.1-24-05-734. Labeling and marking.

A large quantity handler of universal waste must label or mark the universal waste to identify the
type of universal waste as specified below:

1. Universal waste batteries (for example, each battery), or a container in which the batteries are
contained, must be labeled or marked clearly with any one of the following phrases: "Universal
Waste - Battery(ies)", or "Waste Battery(ies)", or "Used Battery(ies)".
2. A container (or multiple container package unit), tank, or transport vehicle or vessel in which
recalled universal waste pesticides as described in subdivision a of subsection 1 of section
a. The label that was on or accompanied the product as sold or distributed; and
b. The words "Universal Waste - Pesticide(s)" or "Waste - Pesticide(s)".
3. A container, tank, or transport vehicle or vessel in which unused pesticide products as
described in subdivision b of subsection 1 of section 33.1-24-05-703 are contained must be
labeled or marked clearly with:
a. The following:
(1) The label that was on the product when purchased, if still legible;
(2) If using the labels described in paragraph 1 is not feasible, the appropriate label as
required under department of transportation regulation 49 CFR part 172; or
(3) If using the labels described in paragraphs 1 and 2 is not feasible, another label
prescribed or designated by the waste pesticide collection program administered or
recognized by the state; and
b. The words "Universal Waste - Pesticide(s)" or "Waste - Pesticide(s)".
4. Mercury-containing equipment (for example, each device), or a container in which the
equipment is contained, must be labeled or marked clearly with any of the following phrases:
"Universal Waste - Mercury-Containing Equipment", "Waste Mercury-Containing Equipment",
or "Used Mercury-Containing Equipment". A universal waste mercury-containing thermostat or
container containing only universal waste mercury-containing thermostats may be labeled or
marked clearly with any of the following phrases: "Universal Waste - Mercury Thermostat(s)",
"Waste Mercury Thermostat(s)", or "Used Mercury Thermostat(s)".
5. Each lamp or a container or package in which such lamps are contained must be labeled or
marked clearly with one of the following phrases: "Universal Waste - Lamp(s)", or "Waste
Lamp(s)", or "Used Lamp(s)".
History: Effective January 1, 2019.
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
### § 33.1-24-05-735. Accumulation time limits.

1. A large quantity handler of universal waste may accumulate universal waste for no longer than
one year from the date the universal waste is generated, or received from another handler,
unless the requirements of subsection 2 are met.
2. A large quantity handler of universal waste may accumulate universal waste for longer than
one year from the date the universal waste is generated, or received from another handler, if
such activity is solely for the purpose of accumulation of such quantities of universal waste as
necessary to facilitate proper recovery, treatment, or disposal. However, the handler bears the
burden of proving that such activity is solely for the purpose of accumulation of such quantities
of universal waste as necessary to facilitate proper recovery, treatment, or disposal.

3. A large quantity handler of universal waste must be able to demonstrate the length of time that
the universal waste has been accumulated from the date it becomes a waste or is received.
The handler may make this demonstration by:
a. Placing the universal waste in a container and marking or labeling the container with the
earliest date that any universal waste in the container became a waste or was received;
b. Marking or labeling each individual item of universal waste (for example, each battery or
mercury-containing equipment) with the date it became a waste or was received;
c. Maintaining an inventory system onsite that identifies the date each universal waste
became a waste or was received;
d. Maintaining an inventory system onsite that identifies the earliest date that any universal
waste in a group of universal waste items or a group of containers of universal waste
became a waste or was received;
e. Placing the universal waste in a specific accumulation area and identifying the earliest
date that any universal waste in the area became a waste or was received; or
f. Any other method which clearly demonstrates the length of time that the universal waste
has been accumulated from the date it becomes a waste or is received.
History: Effective January 1, 2019.
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
### § 33.1-24-05-736. Employee training.

A large quantity handler of universal waste shall ensure all employees who handle or have
responsibility for managing universal waste are thoroughly familiar with proper waste handling and
emergency procedures appropriate for the type or types of universal waste handled at the facility, and
relative to their responsibilities during normal facility operations and emergencies.
History: Effective January 1, 2019.
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
### § 33.1-24-05-737. Response to releases.

1. A large quantity handler of universal waste shall immediately contain all releases of universal
wastes and other residues from universal wastes.
2. A large quantity handler of universal waste shall determine whether any material resulting from
the release is hazardous waste, and if so, must manage the hazardous waste in compliance
with all applicable requirements of chapters 33.1-24-01 through 33.1-24-04, chapter
33.1-24-06, sections 33.1-24-05-01 through 33.1-24-05-559, and 33.1-24-05-800 through
### § 33.1-24-05-1149. The handler is considered the generator of the material resulting from the

release, and is subject to chapter 33.1-24-03.
History: Effective January 1, 2019.
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

### § 33.1-24-05-738. Offsite shipments.

1. A large quantity handler of universal waste is prohibited from sending or taking universal
waste to a place other than another universal waste handler, a destination facility, or a foreign
destination.
2. If a large quantity handler of universal waste self-transports universal waste offsite, the
handler becomes a universal waste transporter for those self-transportation activities and
must comply with the transporter requirements of sections 33.1-24-05-750 through
3. If a universal waste being offered for offsite transportation meets the definition of hazardous
materials under 49 CFR parts 171 through 180, a large quantity handler of universal waste
must package, label, mark, and placard the shipment and prepare the proper shipping papers
in accordance with applicable department of transportation regulations under 49 CFR
parts 172 through 180.
4. Prior to sending a shipment of universal waste to another universal waste handler, the
originating handler shall ensure that the receiving handler agrees to receive the shipment.
5. If a large quantity handler of universal waste sends a shipment of universal waste to another
handler or to a destination facility and the shipment is rejected by the receiving handler or
destination facility, the originating handler shall either:
a. Receive the universal waste back when notified that the shipment has been rejected; or
b. Agree with the receiving handler on a destination facility to which the shipment will be
sent.
6. A large quantity handler of universal waste may reject a shipment containing universal waste,
or a portion of a shipment containing universal waste that the handler has received from
another handler. If a handler rejects a shipment or a portion of a shipment, the receiving
handler shall contact the originating handler to notify the originating handler of the rejection
and to discuss reshipment of the load. The receiving handler shall:
a. Send the shipment back to the originating handler; or
b. If agreed to by both the originating and receiving handler, send the shipment to a
destination facility.
7. If a large quantity handler of universal waste receives a shipment containing hazardous waste
that is not a universal waste, the handler shall immediately notify the department of the illegal
shipment, and provide the name, address, and telephone number of the originating shipper.
The department will provide instructions for managing the hazardous waste.
8. If a large quantity handler of universal waste receives a shipment of nonhazardous,
nonuniversal waste, the handler may manage the waste in any way that is in compliance with
applicable federal, state, or local solid waste regulations.
History: Effective January 1, 2019.
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
### § 33.1-24-05-739. Tracking universal waste shipments.

1. Receipt of shipments. A large quantity handler of universal waste shall keep a record of each
shipment of universal waste received at the facility. The record may take the form of a log,

invoice, manifest, bill of lading, movement document, or other shipping document. The record
for each shipment of universal waste received must include the following information:
a. The name and address of the originating universal waste handler or foreign shipper from
whom the universal waste was sent;
b. The quantity of each type of universal waste received (for example, batteries, pesticides,
mercury-containing equipment, lamps); and
c. The date of receipt of the shipment of universal waste.
2. Shipments offsite. A large quantity handler of universal waste must keep a record of each
shipment of universal waste sent from the handler to other facilities. The record may take the
form of a log, invoice, manifest, bill of lading, movement document, or other shipping
document. The record for each shipment of universal waste sent must include the following
information:
a. The name and address of the universal waste handler, destination facility, or foreign
destination to whom the universal waste was sent;
b. The quantity of each type of universal waste sent (for example, batteries, pesticides,
mercury-containing equipment, lamps); and
c. The date the shipment of universal waste left the facility.
3. Record retention.
a. A large quantity handler of universal waste shall retain the records described in
subsection 1 for at least three years from the date of receipt of the shipment of universal
waste.
b. A large quantity handler of universal waste shall retain the records described in
subsection 2 for at least three years from the date a shipment of universal waste left the
facility.
c. The retention period for all records is extended automatically during the course of any
unresolved enforcement action regarding the facility or as requested by the department.
History: Effective January 1, 2019; amended effective July 1, 2020.
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
### § 33.1-24-05-740. Exports.

A large quantity handler of universal waste that sends universal waste to a foreign destination is
subject to the requirements of sections 33.1-24-03-50 through 33.1-24-03-55.
History: Effective January 1, 2019; amended effective July 1, 2020.
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
### § 33.1-24-05-741. [Reserved].

### § 33.1-24-05-742. [Reserved].

### § 33.1-24-05-743. [Reserved].


### § 33.1-24-05-744. [Reserved].

### § 33.1-24-05-745. [Reserved].

### § 33.1-24-05-746. [Reserved].

### § 33.1-24-05-747. [Reserved].

### § 33.1-24-05-748. [Reserved].

### § 33.1-24-05-749. [Reserved].

### § 33.1-24-05-750. Applicability - Universal waste transporters.

Sections 33.1-24-05-750 through 33.1-24-05-759 apply to all transporters of universal waste.
History: Effective January 1, 2019.
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
### § 33.1-24-05-751. Prohibitions.

A universal waste transporter is:
1. Prohibited from disposing of universal waste; and
2. Prohibited from diluting or treating universal waste, except by responding to releases as
provided by section 33.1-24-05-754.
History: Effective January 1, 2019.
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
### § 33.1-24-05-752. Waste management.

1. A universal waste transporter shall comply with all applicable United States department of
transportation regulations in 49 CFR parts 171 through 180 for transport of any universal
waste that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the
department of transportation regulations, a material is considered a hazardous waste if it is
subject to the hazardous waste manifest requirements specified in chapter 33.1-24-03.
Because universal waste does not require a hazardous waste manifest, it is not considered a
hazardous waste under the department of transportation regulations.
2. Some universal waste materials are regulated by the department of transportation as
hazardous materials because they meet the criteria for one or more hazard classes specified
in 49 CFR 173.2. As universal waste shipments do not require a manifest under chapter
33.1-24-03, they may not be described by the department of transportation proper shipping
name "hazardous waste (l) or (s), n.o.s.", nor may the hazardous material's proper shipping
name be modified by adding the word "waste".
3. All universal waste transporters shall comply with the solid waste transportation permitting
requirements contained in section 33.1-20-02.1-01.

History: Effective January 1, 2019.
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
### § 33.1-24-05-753. Storage time limits.

1. A universal waste transporter may only store the universal waste at a universal waste transfer
facility for ten days or less.
2. If a universal waste transporter stores universal waste for more than ten days, the universal
waste transporter becomes a universal waste handler and must comply with the requirements
of sections 33.1-24-05-710 through 33.1-24-05-740, as applicable, while storing the universal
waste.
3. A universal waste transporter must keep records for each shipment of universal waste
transported. The record may take the form of a log, invoice, manifest, bill of lading, or other
shipping document. The record for each shipment of universal waste sent must include the
following information:
a. The name and address of the universal waste generator or handler originating the
shipment and the subsequent handler, destination facility, or foreign destination to whom
the universal waste was sent;
b. The quantity of each type of universal waste sent (for example, batteries, pesticides,
mercury-containing equipment); and
c. The date the universal waste transporter accepted the shipment of universal waste for
transportation.
4. Record retention. A universal waste transporter shall retain the records described in
subsection 3 for at least three years from the date of delivery of the shipment of universal
waste to another handler, destination facility, or foreign destination.
History: Effective January 1, 2019.
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
### § 33.1-24-05-754. Storage time limits.

1. A universal waste transporter must immediately contain all releases of universal wastes and
other residues from universal wastes.
2. A universal waste transporter must determine whether any material resulting from the release
is hazardous waste, and if so, is subject to all applicable requirements of chapters 33.1-24-01
through 33.1-24-04, chapter 33.1-24-06, sections 33.1-24-05-01 through 33.1-24-05-559, and
the transporter is subject to chapter 33.1-24-03.
History: Effective January 1, 2019.
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
### § 33.1-24-05-755. Offsite shipments.

1. A universal waste transporter is prohibited from transporting the universal waste to a place
other than a universal waste handler, a destination facility, or a foreign destination.

2. If the universal waste being shipped offsite meets the department of transportation's definition
of hazardous materials in 49 CFR 171.8, the shipment must be properly described on a
shipping paper in accordance with the applicable department of transportation regulations
under 49 CFR part 172.
History: Effective January 1, 2019.
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
### § 33.1-24-05-756. Exports.

A universal waste transporter transporting a shipment of universal waste to a foreign destination is
subject to the requirements of sections 33.1-24-03-50 through 33.1-24-03-55.
History: Effective January 1, 2019; amended effective July 1, 2020.
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
### § 33.1-24-05-757. [Reserved].

### § 33.1-24-05-758. [Reserved].

### § 33.1-24-05-759. [Reserved].

### § 33.1-24-05-760. Applicability - Destination facilities.

1. The owner or operator of a destination facility (as defined in section 33.1-24-01-04) is subject
to all applicable requirements of sections 33.1-24-05-01 through 33.1-24-05-559 and
notification requirement under section 33.1-24-03-03.
2. The owner or operator of a destination facility that recycles a particular universal waste without
storing that universal waste before it is recycled must comply with subdivision b of
subsection 3 of section 33.1-24-02-06.
History: Effective January 1, 2019.
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
### § 33.1-24-05-761. Offsite shipments.

1. The owner or operator of a destination facility is prohibited from sending or taking universal
waste to a place other than a universal waste handler, another destination facility, or foreign
destination.
2. The owner or operator of a destination facility may reject a shipment containing universal
waste or a portion of a shipment containing universal waste. If the owner or operator of the
destination facility rejects a shipment or a portion of a shipment, the destination facility must
contact the shipper to notify the shipper of the rejection and to discuss reshipment of the load.
The owner or operator of the destination facility shall:
a. Send the shipment back to the original shipper; or
b. If agreed to by both the shipper and the owner or operator of the destination facility, send
the shipment to another destination facility.

3. If the owner or operator of a destination facility receives a shipment containing hazardous
waste that is not a universal waste, the owner or operator of the destination facility shall
immediately notify the department of the illegal shipment, and provide the name, address, and
telephone number of the originating shipper. The department will provide instructions for
managing the hazardous waste.
4. If the owner or operator of a destination facility receives a shipment of nonhazardous,
nonuniversal waste, the owner or operator of the destination facility may manage the waste in
any way that is in compliance with applicable federal or state solid waste regulations.
History: Effective January 1, 2019.
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
### § 33.1-24-05-762. Tracking universal waste shipments.

1. The owner or operator of a destination facility must keep a record of each shipment of
universal waste received at the facility. The record may take the form of a log, invoice,
manifest, bill of lading, movement document, or other shipping document. The record for each
shipment of universal waste received must include the following information:
a. The name and address of the universal waste handler, destination facility, or foreign
shipper from whom the universal waste was sent;
b. The quantity of each type of universal waste received (for example, batteries, pesticides,
mercury-containing equipment); and
c. The date of receipt of the shipment of universal waste.
2. The owner or operator of a destination facility must retain the records described in
subsection 1 for at least three years from the date of receipt of a shipment of universal waste.
History: Effective January 1, 2019; amended effective July 1, 2020.
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
### § 33.1-24-05-763. [Reserved].

### § 33.1-24-05-764. [Reserved].

### § 33.1-24-05-765. [Reserved].

### § 33.1-24-05-766. [Reserved].

### § 33.1-24-05-767. [Reserved].

### § 33.1-24-05-768. [Reserved].

### § 33.1-24-05-769. [Reserved].


### § 33.1-24-05-770. Imports.

Persons managing universal waste that is imported from a foreign country into the United States
are subject to the applicable requirements of sections 33.1-24-03-50 through 33.1-24-03-55 and
sections 33.1-24-05-700 through 33.1-24-05-799, immediately after the waste enters the United States,
as indicated in subsections 1 through 3:
1. A universal waste transporter is subject to the universal waste transporter requirements of
sections 33.1-24-05-750 through 33.1-24-05-759.
2. A universal waste handler is subject to the universal waste handler requirements of sections
3. An owner or operator of a destination facility is subject to the destination facility requirements
of sections 33.1-24-05-760 through 33.1-24-05-762.
History: Effective January 1, 2019; amended effective July 1, 2020.
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
### § 33.1-24-05-771. [Reserved].

### § 33.1-24-05-772. [Reserved].

### § 33.1-24-05-773. [Reserved].

### § 33.1-24-05-774. [Reserved].

### § 33.1-24-05-775. [Reserved].

### § 33.1-24-05-776. [Reserved].

### § 33.1-24-05-777. [Reserved].

### § 33.1-24-05-778. [Reserved].

### § 33.1-24-05-779. [Reserved].

### § 33.1-24-05-780. Petitions to include other wastes under sections 33.

1-24-05-700 through
33.1-24-05-799.
1. Except as provided in subsection 4, any person seeking to add a hazardous waste or category
of hazardous waste to sections 33.1-24-05-700 through 33.1-24-05-799 may petition for a
regulatory amendment under sections 33.1-24-01-06, 33.1-24-01-08, and 33.1-24-05-780
through 33.1-24-05-781.
2. To be successful, the petitioner must demonstrate to the satisfaction of the department that
regulation under the universal waste regulations of sections 33.1-24-05-700 through
practices for the waste or category of waste; and will improve implementation of the
hazardous waste program. The petition must include the information required by subsection 2

of section 33.1-24-01-06. The petition should also address as many of the factors listed in
section 33.1-24-05-781 as are appropriate for the waste or waste category addressed in the
petition.
3. The department will evaluate petitions using the factors listed in section 33.1-24-05-781. The
department will grant or deny a petition using the factors listed in section 33.1-24-05-781. The
decision will be based on the weight of evidence showing that regulation under sections
improve management practices for the waste of category of waste, and will improve
implementation of the hazardous waste program.
4. Hazardous waste pharmaceuticals are regulated under sections 33.1-24-05-310 through
under sections 33.1-24-05-700 through 33.1-24-05-799
History: Effective January 1, 2019; amended effective July 1, 2021.
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
### § 33.1-24-05-781. Factors for petitions to include other wastes under sections 33.

1-24-05-700
through 33.1-24-05-799.
1. The waste or category of waste, as generated by a wide variety of generators, is listed in
sections 33.1-24-02-15 through 33.1-24-02-19, or (if not listed) a proportion of the waste
stream exhibits one or more characteristics of hazardous waste identified in sections
waste regulations of sections 33.1-24-05-700 through 33.1-24-05-799 by using a generic
name to identify the waste category (for example, batteries), the definition of universal waste
in section 33.1-24-01-04 will be amended to include only the hazardous waste portion of the
waste category (for example, hazardous waste batteries).) Thus, only the portion of the waste
stream that does exhibit one or more characteristics (therefore, is hazardous waste) is subject
to the universal waste regulations of sections 33.1-24-05-700 through 33.1-24-05-799;
2. The waste or category of waste is not exclusive to a specific industry or group of industries, is
commonly generated by a wide variety of types of establishments (including, for example,
households, retail and commercial businesses, office complexes, very small quantity
generators, small businesses, government organizations, as well as large industrial facilities);
3. The waste or category of waste is generated by a large number of generators (for example,
more than one thousand nationally) and is frequently generated in relatively small quantity by
each generator;
4. Systems to be used for collecting the waste or category of waste (including packaging,
marking, and labeling practices) would ensure close stewardship of the waste;
5. The risk posed by the waste or category of waste during accumulation and transport is
relatively low compared to other hazardous wastes, and specific management standards
proposed or referenced by the petitioner (for example, waste management requirements
appropriate to be added to sections 33.1-24-05-713, 33.1-24-05-733, and 33.1-24-05-752; or
applicable department of transportation requirements) would be protective of human health
and the environment during accumulation and transport;
6. Regulation of the waste or category of waste under sections 33.1-24-05-700 through
nonhazardous waste management systems (for example, the municipal waste stream,
nonhazardous industrial or commercial waste stream, municipal sewer, or stormwater

systems) to recycling, treatment, or disposal in compliance with the hazardous waste
management rules;
7. Regulation of the waste or category of waste under sections 33.1-24-05-700 through
8. Such other factors as may be appropriate.
History: Effective January 1, 2019; amended effective July 1, 2020.
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
### § 33.1-24-05-782. [Reserved].

### § 33.1-24-05-783. [Reserved].

### § 33.1-24-05-784. [Reserved].

### § 33.1-24-05-785. [Reserved].

### § 33.1-24-05-786. [Reserved].

### § 33.1-24-05-787. [Reserved].

### § 33.1-24-05-788. [Reserved].

### § 33.1-24-05-789. [Reserved].

### § 33.1-24-05-790. [Reserved].

### § 33.1-24-05-791. [Reserved].

### § 33.1-24-05-792. [Reserved].

### § 33.1-24-05-793. [Reserved].

### § 33.1-24-05-794. [Reserved].

### § 33.1-24-05-795. [Reserved].

### § 33.1-24-05-796. [Reserved].

### § 33.1-24-05-797. [Reserved].

### § 33.1-24-05-798. [Reserved].


### § 33.1-24-05-799. [Reserved].

### § 33.1-24-05-800. Applicability - Military munitions.

The requirements of sections 33.1-24-05-800 through 33.1-24-05-819 apply to owners or operators
who store munitions and explosive hazardous wastes, except as section 33.1-24-05-01 provides
otherwise. (Note: Depending on explosive hazards, hazardous waste munitions and explosives may
also be managed in other types of storage units, including containment buildings (sections
containers (sections 33.1-24-05-89 through 33.1-24-05-102); see section 33.1-24-05-825 for storage of
waste military munitions.)
History: Effective January 1, 2019.
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
### § 33.1-24-05-801. Design and operating standards.

1. Hazardous waste munitions and explosives storage units must be designed and operated with
containment systems, controls, and monitoring, that:
a. Minimize the potential for detonation or other means of release of hazardous waste,
hazardous constituents, hazardous decomposition products, or contaminated runoff to
the soil, ground water, surface water, and atmosphere;
b. Provide a primary barrier, which may be a container (including a shell) or tank, designed
to contain the hazardous waste;
c. For wastes stored outdoors, provide that the waste and containers will not be in standing
precipitation;
d. For liquid wastes, provide a secondary containment system that assures that any
released liquids are contained and promptly detected and removed from the waste area,
or vapor detection system that assures that any released liquids or vapors are promptly
detected and an appropriate response taken (for example, additional containment, such
as overpacking, or removal from the waste area); and
e. Provide monitoring and inspection procedures that assure the controls and containment
systems are working as designed and that releases that may adversely impact human
health or the environment are not escaping from the unit.
2. Hazardous waste munitions and explosives stored under sections 33.1-24-05-800 through
a. Earth-covered magazines. Earth-covered magazines must be:
(1) Constructed of waterproofed, reinforced concrete or structural steel arches, with
steel doors that are kept closed when not being accessed;
(2) Designed and constructed:
(a) To be of sufficient strength and thickness to support the weight of any
explosives or munitions stored and any equipment used in the unit;
(b) To provide working space for personnel and equipment in the unit; and
(c) To withstand movement activities that occur in the unit; and

(3) Located and designed, with walls and earthen covers that direct an explosion in the
unit in a safe direction, so as to minimize the propagation of an explosion to
adjacent units and to minimize other effects of any explosion.
b. Aboveground magazines. Aboveground magazines must be located and designed so as
to minimize the propagation of an explosion to adjacent units and to minimize other
effects of any explosion.
c. Outdoor or open storage areas. Outdoor or open storage areas must be located and
designed so as to minimize the propagation of an explosion to adjacent units and to
minimize other effects of any explosion.
3. Hazardous waste munitions and explosives must be stored in accordance with a standard
operating procedure specifying procedures to ensure safety, security, and environmental
protection. If these procedures serve the same purpose as the security and inspection
requirements of section 33.1-24-05-05, the preparedness and prevention procedures of
sections 33.1-24-05-15 through 33.1-24-05-25, and the contingency plan and emergency
procedures requirements of sections 33.1-24-05-26 through 33.1-24-05-36, then these
procedures will be used to fulfill those requirements.
4. Hazardous waste munitions and explosives must be packaged to ensure safety in handling
and storage.
5. Hazardous waste munitions and explosives must be inventoried at least annually.
6. Hazardous waste munitions and explosives and their storage units must be inspected and
monitored as necessary to ensure explosives safety and to ensure that there is no migration
of contaminants out of the unit.
History: Effective January 1, 2019.
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
### § 33.1-24-05-802. Closure and postclosure care.

1. At closure of a magazine or unit which stored hazardous waste under sections 33.1-24-05-800
through 33.1-24-05-819, the owner or operator must remove or decontaminate all waste
residues, contaminated containment system components, contaminated subsoils, and
structures and equipment contaminated with waste, and manage them as hazardous waste
unless subsection 4 of section 33.1-24-02-03 applies. The closure plan, closure activities, cost
estimates for closure, and financial responsibility for magazines or units must meet all of the
requirements specified in sections 33.1-24-05-59 through 33.1-24-05-88, except that the
owner or operator may defer closure of the unit as long as it remains in service as a munitions
or explosives magazine or storage unit.
2. If, after removing or decontaminating all residues and making all reasonable efforts to effect
removal or decontamination of contaminated components, subsoils, structures, and
equipment as required in subsection 1, the owner or operator finds that not all contaminated
subsoils can be practicably removed or decontaminated, owner or operator must close the
facility and perform postclosure care in accordance with the closure and postclosure
requirements that apply to landfills in section 33.1-24-05-180.
History: Effective January 1, 2019.
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
### § 33.1-24-05-803. [Reserved].


### § 33.1-24-05-804. [Reserved].

### § 33.1-24-05-805. [Reserved].

### § 33.1-24-05-806. [Reserved].

### § 33.1-24-05-807. [Reserved].

### § 33.1-24-05-808. [Reserved].

### § 33.1-24-05-809. [Reserved].

### § 33.1-24-05-810. [Reserved].

### § 33.1-24-05-811. [Reserved].

### § 33.1-24-05-812. [Reserved].

### § 33.1-24-05-813. [Reserved].

### § 33.1-24-05-814. [Reserved].

### § 33.1-24-05-815. [Reserved].

### § 33.1-24-05-816. [Reserved].

### § 33.1-24-05-817. [Reserved].

### § 33.1-24-05-818. [Reserved].

### § 33.1-24-05-819. [Reserved].

### § 33.1-24-05-820. Applicability.

1. The regulations in sections 33.1-24-05-820 through 33.1-24-05-849 identify when military
munitions become a solid waste, and, if these wastes are also hazardous under sections
that apply to these wastes.
2. Unless otherwise specified in sections 33.1-24-05-820 through 33.1-24-05-849, all applicable
requirements in article 33.1-24 apply to waste military munitions.
History: Effective January 1, 2019.
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

### § 33.1-24-05-821. Definitions.

In addition to the definitions in section 33.1-24-01-04, the following definitions apply to sections
1. "Active range" means a military range that is currently in service and is being regularly used
for range activities.
2. "Chemical agents and munitions" are defined as in 50 U.S.C. section 1521(j)(1).
3. "Inactive range" means a military range that is not currently being used, but that is still under
military control and considered by the military to be a potential range area, and that has not
been put to a new use that is incompatible with range activities.
4. "Military" means the department of defense, the armed services, coast guard, national guard,
department of energy, or other parties under contract or acting as an agent for the foregoing,
who handle military munitions.
5. "Military range" means designated land and water areas set aside, managed, and used to
conduct research on, develop, test, and evaluate military munitions and explosives, other
ordnance, or weapon systems, or to train military personnel in their use and handling. Ranges
include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads,
impact areas, and buffer zones with restricted access and exclusionary areas.
6. "Unexploded ordnance" means military munitions that have been primed, fused, armed, or
otherwise prepared for action, and have been fired, dropped, launched, projected, or placed in
such a manner as to constitute a hazard to operations, installation, personnel, or material and
remain unexploded either by malfunction, design, or any other cause.
History: Effective January 1, 2019.
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
### § 33.1-24-05-822. Definition of solid waste.

1. A military munition is not a solid waste when:
a. Used for its intended purpose, including:
(1) Use in training military personnel or explosives and munitions emergency response
specialists (including training in proper destruction of unused propellant or other
munitions);
(2) Use in research, development, testing, and evaluation of military munitions,
weapons, or weapon systems; or
(3) Recovery, collection, and on-range destruction of unexploded ordnance and
munitions fragments during range clearance activities at active or inactive ranges.
However, "use for intended purpose" does not include the on-range disposal or
burial of unexploded ordnance and contaminants when the burial is not a result of
product use.
b. An unused munition, or component thereof, is being repaired, reused, recycled,
reclaimed, disassembled, reconfigured, or otherwise subjected to materials recovery
activities, unless such activities involve use constituting disposal (as defined in
subdivision a of subsection 3 of section 33.1-24-02-02) or burning for energy recovery
(as defined in subdivision b of subsection 3 of section 33.1-24-02-02).

2. An unused military munition is a solid waste when any of the following occurs:
a. The munition is abandoned by being disposed of, burned, detonated (except during
intended use as specified in subsection 1), incinerated, or treated prior to disposal;
b. The munition is removed from storage in a military magazine or other storage area for
the purpose of being disposed of, burned, or incinerated, or treated prior to disposal;
c. The munition is deteriorated or damaged (for example, the integrity of the munition is
compromised by cracks, leaks, or other damage) to the point that it cannot be put into
serviceable condition, and cannot reasonably be recycled or used for other purposes; or
d. The munition has been declared a solid waste by an authorized military official.
3. A used or fired military munition is a solid waste:
a. When transported off-range or from the site of use, where the site of use is not a range,
for the purposes of storage, reclamation, treatment, disposal, or treatment prior to
disposal; or
b. If recovered, collected, and then disposed of by burial, or landfilling either on or off a
range.
4. For purposes of Resource Conservation and Recovery Act section 1004(27) or subsection 18
of North Dakota Century Code section 23.1-04-02, a used or fired military munition is a solid
waste, and, therefore, is potentially subject to corrective action authorities under Resource
Conservation and Recovery Act sections 3004(u) and (v), and 3008(h) or sections
under section 7003, or North Dakota Century Code section 23.1-04-14, if the munition lands
off range and is not promptly rendered safe or retrieved, or both. Any imminent and substantial
threats associated with any remaining material must be addressed. If remedial action is
infeasible, the operator of the range must maintain a record of the event for as long as any
threat remains. The record must include the type of munition and its location (to the extent the
location is known).
History: Effective January 1, 2019.
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
### § 33.1-24-05-823. Standards applicable to the transportation of solid waste military munitions.

1. Criteria for hazardous waste regulation of waste nonchemical military munitions in
transportation.
a. Waste military munitions that are being transported and that exhibit a hazardous waste
characteristic or are listed as hazardous waste under chapter 33.1-24-02 are listed or
identified as a hazardous waste (and thus are subject to regulation under article 33.1-24),
unless all the following conditions are met:
(1) The waste military munitions are not chemical agents or chemical munitions;
(2) The waste military munitions must be transported in accordance with the
department of defense shipping controls applicable to the transport of military
munitions;

(3) The waste military munitions must be transported from a military owned or operated
installation to a military owned or operated treatment, storage, or disposal facility;
and
(4) The transporter of the waste must provide oral notice to the department within
twenty-four hours from the time the transporter becomes aware of any loss or theft
of the waste military munitions, or any failure to meet a condition of this subdivision
that may endanger health or the environment. In addition, a written submission
describing the circumstances shall be provided within five days from the time the
transporter becomes aware of any loss or theft of the waste military munitions or
any failure to meet a condition of this subdivision.
b. If any waste military munitions shipped under subdivision a are not received by the
receiving facility within forty-five days of the day the waste was shipped, the owner or
operator of the receiving facility must report this nonreceipt to the department within five
days.
c. The exemption in subdivision a from regulation as hazardous waste shall apply only to
the transportation of nonchemical waste military munitions. It does not affect the
regulatory status of waste military munitions as hazardous wastes with regard to storage,
treatment, or disposal.
d. The conditional exemption in subdivision a applies only so long as all of the conditions in
subdivision a are met.
2. Reinstatement of exemption. If any waste military munition loses its exemption under
subdivision a of subsection 1, an application may be filed with the department for
reinstatement of the exemption from hazardous waste transportation regulation with respect to
such munition as soon as the munition is returned to compliance with the conditions of
subdivision a of subsection 1. If the department finds that reinstatement of the exemption is
appropriate based on factors such as the transporter's provision of a satisfactory explanation
of the circumstances of the violation, or a demonstration that the violations are not likely to
recur, the department may reinstate the exemption under subdivision a of subsection 1. If the
department does not take action on the reinstatement application within sixty days after
receipt of the application, then reinstatement shall be deemed granted, retroactive to the date
of the application. However, the department may terminate a conditional exemption reinstated
by default in the preceding sentence if the department finds that reinstatement is inappropriate
based on factors such as the transporter's failure to provide a satisfactory explanation of the
circumstances of the violation, or failure to demonstrate that the violations are not likely to
recur. In reinstating the exemption under subdivision a of subsection 1, the department may
specify additional conditions as are necessary to ensure and document proper transportation
to protect human health and the environment.
3. Amendments to department of defense shipping controls. The department of defense shipping
controls applicable to the transport of military munitions referenced in paragraph 2 of
subdivision a of subsection 1 are government bill of lading (GSA standard form 1109),
requisition tracking form (DD form 1348), the signature and tally record (DD form 1907),
special instructions for motor vehicle drivers (DD form 836), and the motor vehicle inspection
report (DD form 626) in effect on November 8, 1995, except as provided in the following
sentence. Any amendments to the department of defense shipping controls shall become
effective for purposes of subdivision a of subsection 1 on the date the department of defense
publishes notice in the federal register that the shipping controls referenced in paragraph 2 of
subdivision a of subsection 1 have been amended.
History: Effective January 1, 2019.
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
### § 33.1-24-05-824. Standards applicable to emergency responses.

Explosives and munitions emergencies involving military munitions or explosives are subject to
subsection 8 of section 33.1-24-03-01, subsection 5 of section 33.1-24-04-01, paragraph 1 of
subdivision g of subsection 6 of section 33.1-24-05-01, 40 CFR 265.1(c)(11) as incorporated by
reference at subsection 5 of section 33.1-24-06-16, and paragraph 9 of subdivision b of subsection 2 of
section 33.1-24-06-01, and subsection 1 of section 33.1-24-06-19.
History: Effective January 1, 2019.
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
### § 33.1-24-05-825. Standards applicable to the storage of solid waste military munitions.

1. Criteria for hazardous waste regulation of waste nonchemical military munitions in storage.
a. Waste military munitions in storage that exhibit a hazardous waste characteristic or are
listed as hazardous waste under chapter 33.1-24-02 are listed or identified as a
hazardous waste (and thus are subject to regulation under article 33.1-24), unless all the
following conditions are met:
(1) The waste military munitions are not chemical agents or chemical munitions.
(2) The waste military munitions must be subject to the jurisdiction of the department of
defense explosives safety board.
(3) The waste military munitions must be stored in accordance with the department of
defense explosives safety board storage standards applicable to waste military
munitions.
(4) Within ninety days of August 12, 1997, or within ninety days of when a storage unit
is first used to store waste military munitions, whichever is later, the owner or
operator must notify the department of the location of any waste storage unit used
to store waste military munitions for which the conditional exemption in this
subdivision is claimed.
(5) The owner or operator must provide oral notice to the department within twenty-four
hours from the time the owner or operator becomes aware of any loss or theft of the
waste military munitions, or any failure to meet a condition of this subdivision that
may endanger health or the environment. In addition, a written submission
describing the circumstances shall be provided within five days from the time the
owner or operator becomes aware of any loss or theft of the waste military
munitions or any failure to meet a condition of this subdivision.
(6) The owner or operator must inventory the waste military munitions at least annually,
must inspect the waste military munitions at least quarterly for compliance with the
conditions of this subdivision, and must maintain records of the findings of these
inventories and inspections for at least three years.
(7) Access to the stored waste military munitions must be limited to appropriately
trained and authorized personnel.
b. The conditional exemption in subdivision a from regulation as hazardous waste shall
apply only to the storage of nonchemical waste military munitions. It does not affect the

regulatory status of waste military munitions as hazardous wastes with regard to
transportation, treatment, or disposal.
c. The conditional exemption in subdivision a applies only so long as all of the conditions in
subdivision a are met.
2. Notice of termination of waste storage. The owner or operator must notify the department
when a storage unit identified in paragraph 4 of subdivision a of subsection 1 will no longer be
used to store waste military munitions.
3. Reinstatement of conditional exemption. If any waste military munition loses its conditional
exemption under subdivision a of subsection 1, an application may be filed with the
department for reinstatement of the conditional exemption from hazardous waste storage
regulation with respect to such munition as soon as the munition is returned to compliance
with the conditions of subdivision a of subsection 1. If the department finds that reinstatement
of the conditional exemption is appropriate based on factors such as the owner's or operator's
provision of a satisfactory explanation of the circumstances of the violation, or a
demonstration that the violations are not likely to recur, the department may reinstate the
conditional exemption under subdivision a of subsection 1. If the department does not take
action on the reinstatement application within sixty days after receipt of the application, then
reinstatement shall be deemed granted, retroactive to the date of the application. However,
the department may terminate a conditional exemption reinstated by default in the preceding
sentence if the department finds that reinstatement is inappropriate based on factors such as
the owner's or operator's failure to provide a satisfactory explanation of the circumstances of
the violation, or failure to demonstrate that the violations are not likely to recur. In reinstating
the conditional exemption under subdivision a of subsection 1, the department may specify
additional conditions as are necessary to ensure and document proper storage to protect
human health and the environment.
4. Waste chemical munitions.
a. Waste military munitions that are chemical agents or chemical munitions and that exhibit
a hazardous waste characteristic or are listed as hazardous waste under chapter
applicable regulatory requirements of article 33.1-24.
b. Waste military munitions that are chemical agents or chemical munitions and that exhibit
a hazardous waste characteristic or are listed as hazardous waste under chapter
5. Amendments to department of defense explosives safety board storage standards. The
department of defense explosives safety board storage standards applicable to waste military
munitions, referenced in paragraph 3 of subdivision a of subsection 1, are department of
defense 6055.9-STD ("DOD ammunition and explosive safety standards"), in effect on
November 8, 1995, except as provided in the following sentence. Any amendments to the
department of defense explosives safety board storage standards shall become effective for
purposes of subdivision a of subsection 1 on the date the department of defense publishes
notice in the federal register that the department of defense explosives safety board standards
referenced in subdivision a of subsection 1 have been amended.
History: Effective January 1, 2019.
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

### § 33.1-24-05-826. Standards applicable to the treatment and disposal of waste military

munitions.
The treatment and disposal of hazardous waste military munitions are subject to the applicable
permitting, procedural, and technical standards in article 33.1-24.
History: Effective January 1, 2019.
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
### § 33.1-24-05-827. [Reserved].

### § 33.1-24-05-828. [Reserved].

### § 33.1-24-05-829. [Reserved].

### § 33.1-24-05-830. [Reserved].

### § 33.1-24-05-831. [Reserved].

### § 33.1-24-05-832. [Reserved].

### § 33.1-24-05-833. [Reserved].

### § 33.1-24-05-834. [Reserved].

### § 33.1-24-05-835. [Reserved].

### § 33.1-24-05-836. [Reserved].

### § 33.1-24-05-837. [Reserved].

### § 33.1-24-05-838. [Reserved].

### § 33.1-24-05-839. [Reserved].

### § 33.1-24-05-840. [Reserved].

### § 33.1-24-05-841. [Reserved].

### § 33.1-24-05-842. [Reserved].

### § 33.1-24-05-843. [Reserved].

### § 33.1-24-05-844. [Reserved].


### § 33.1-24-05-845. [Reserved].

### § 33.1-24-05-846. [Reserved].

### § 33.1-24-05-847. [Reserved].

### § 33.1-24-05-848. [Reserved].

### § 33.1-24-05-849. [Reserved].

### § 33.1-24-05-850. Definitions applicable to the conditional exemption for low-level mixed waste

storage, treatment, transportation, and disposal.
For sections 33.1-24-05-850 through 33.1-24-05-929, use the following special definitions:
1. "Agreement state" means a state that has entered into an agreement with the nuclear
regulatory commission under subsection 274b of the Atomic Energy Act of 1954, as amended
[68 Stat. 919], to assume responsibility for regulating within its borders byproduct, source, or
special nuclear material in quantities not sufficient to form a critical mass. North Dakota is an
agreement state.
2. "Certified delivery" means certified mail with return receipt requested, or equivalent courier
service, or other means, that provides the sender with a receipt confirming delivery.
3. "Eligible naturally occurring or accelerator-produced radioactive material, or both (NARM)" is
NARM that is eligible for the transportation and disposal conditional exemption. It is a NARM
waste that contains hazardous waste, meets the waste acceptance criteria of, and is allowed
by applicable state NARM regulations to be disposed of at a low-level radioactive waste
disposal facility licensed in accordance with 10 CFR part 61 or nuclear regulatory commission
agreement state equivalent regulations.
4. "Exempted waste" means a waste that meets the eligibility criteria in section 33.1-24-05-856
and meets all of the conditions in section 33.1-24-05-857, or meets the eligibility criteria in
section 33.1-24-05-890 and complies with all the conditions in section 33.1-24-05-895. Such
waste is conditionally exempted from the regulatory definition of hazardous waste described in
section 33.1-24-02-03.
5. "Hazardous waste" means any material which is defined to be hazardous waste in accordance
with section 33.1-24-02-03.
6. "Land disposal restriction treatment standards" means treatment standards, under sections
disposed of in a permitted hazardous waste land disposal unit.
7. "License" means a license issued by the nuclear regulatory commission, or nuclear regulatory
commission agreement state, to users that manage radionuclides regulated by nuclear
regulatory commission, or nuclear regulatory commission agreement states, under authority of
the Atomic Energy Act of 1954, as amended.
8. "Low-level mixed waste" is a waste that contains both low-level radioactive waste and
hazardous waste.
9. "Low-level radioactive waste" is a radioactive waste which contains source, special nuclear, or
byproduct material, and which is not classified as high-level radioactive waste, transuranic

waste, spent nuclear fuel, or byproduct material as defined in section 11e.(2) of the Atomic
Energy Act. See also nuclear regulatory commission definition of "waste" at 10 CFR 61.2.
10. "Mixed waste" means a waste that contains both hazardous waste and source, special
nuclear, or byproduct material subject to the Atomic Energy Act of 1954, as amended.
11. "Naturally occurring radioactive material, accelerator-produced radioactive material, or both
(NARM)" means radioactive materials that:
a. Are naturally occurring and are not source, special nuclear, or byproduct materials (as
defined by the Atomic Energy Act); or
b. Are produced by an accelerator.
NARM is regulated by the states under state law, or by department of energy (as
authorized by the Atomic Energy Act) under department of energy orders.
12. "Nuclear regulatory commission" means the United States nuclear regulatory commission.
History: Effective January 1, 2019.
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
### § 33.1-24-05-851. [Reserved].

### § 33.1-24-05-852. [Reserved].

### § 33.1-24-05-853. [Reserved].

### § 33.1-24-05-854. [Reserved].

### § 33.1-24-05-855. Storage and treatment conditional exemption and eligibility.

The storage and treatment conditional exemption exempts certain low-level mixed waste from the
regulatory definition of hazardous waste in section 33.1-24-02-03 if the waste meets the eligibility
criteria in section 33.1-24-05-856 and the generator, treater, or other handler meets the conditions in
section 33.1-24-05-857.
History: Effective January 1, 2019.
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
### § 33.1-24-05-856. Eligible wastes for the storage and treatment conditional exemption.

Low-level mixed waste, defined in section 33.1-24-05-850, is eligible for this conditional exemption
if it is generated and managed by a generator, treater, or other handler under a single nuclear
regulatory commission or nuclear regulatory commission agreement state license. (Mixed waste
generated at a facility with a different license number and shipped to a facility for storage or treatment
requires a permit and is ineligible for this exemption. In addition, NARM waste is ineligible for this
exemption.)
History: Effective January 1, 2019.
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

### § 33.1-24-05-857. Conditions to qualify for and maintain a storage and treatment exemption.

1. For a generator's, treater's, or other handler's low-level mixed waste to qualify for the
exemption, the generator, treater, or other handler must notify the department in writing by
certified delivery that the generator, treater, or other handler is claiming a conditional
exemption for the low-level mixed waste stored at the facility. The dated notification must
include the generator's, treater's, or other handler's name, address, identification number,
nuclear regulatory commission or nuclear regulatory commission agreement state license
number, the waste code or codes and storage unit or units for which an exemption is being
sought, and a statement that the generator, treater, or other handler meets the conditions of
sections 33.1-24-05-850 through 33.1-24-05-929. The notification must be signed by an
authorized representative who certifies that the information in the notification is true, accurate,
and complete. The generator, treater, or other handler must notify the department of the claim
either within ninety days of the effective date of this rule, or within ninety days of when a
storage unit is first used to store conditionally exempt low-level mixed waste.
2. To qualify for and maintain an exemption for low-level mixed waste, the generator, treater, or
other handler must:
a. Store low-level mixed waste in tanks or containers in compliance with the requirements
of the generator's, treater's, or other handler's license that apply to the proper storage of
low-level radioactive waste (not including those license requirements that relate solely to
recordkeeping);
b. Store low-level mixed waste in tanks or containers in compliance with chemical
compatibility requirements of a tank or container in section 33.1-24-05-96, or section
33.1-24-05-112;
c. Certify that facility personnel who manage stored conditionally exempt low-level mixed
waste are trained in a manner that ensures that the conditionally exempt waste is safely
managed and includes training in chemical waste management and hazardous materials
incidents response that meets the personnel training standards found in subdivision c of
subsection 1 of section 33.1-24-05-07;
d. Conduct an inventory of the generator's, treater's, or other handler's stored conditionally
exempt low-level mixed waste at least annually and inspect it at least quarterly for
compliance with sections 33.1-24-05-850 through 33.1-24-05-929; and
e. Maintain an accurate emergency plan and provide copies of the plan to all local
authorities who may have to respond to a fire, explosion, or release of hazardous waste
or hazardous constituents. The plan must describe emergency response arrangements
with local authorities; describe evacuation plans; list the names, addresses, and
telephone numbers of all facility personnel qualified to work with local authorities as
emergency coordinators; and list emergency equipment.
History: Effective January 1, 2019.
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
### § 33.1-24-05-858. [Reserved].

### § 33.1-24-05-859. [Reserved].


### § 33.1-24-05-860. Treatment allowed under storage and treatment conditional exemption.

A generator, treater, or other handler may treat low-level mixed waste at the facility within a tank or
container in accordance with the terms of the generator's, treater's, or other handler's nuclear
regulatory commission or nuclear regulatory commission agreement state license. Treatment that
cannot be done in a tank or container without a hazardous waste permit (such as incineration) is not
allowed under this exemption.
History: Effective January 1, 2019.
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
### § 33.1-24-05-861. [Reserved].

### § 33.1-24-05-862. [Reserved].

### § 33.1-24-05-863. [Reserved].

### § 33.1-24-05-864. [Reserved].

### § 33.1-24-05-865. Loss of conditional exemption.

1. A generator's, treater's, or other handler's low-level mixed waste will automatically lose the
storage and treatment conditional exemption if the generator, treater, or other handler fails to
meet any of the conditions specified in section 33.1-24-05-857. When low-level mixed waste
loses the exemption, the generator, treater, or other handler must immediately manage that
waste which failed the condition as hazardous waste, and the storage unit storing the
low-level mixed waste immediately becomes subject to hazardous waste container or tank
storage requirements, as applicable.
a. If a generator, treater, or other handler fails to meet any of the conditions specified in
section 33.1-24-05-857 the generator, treater, or other handler must report to the
department and the nuclear regulatory commission, or the oversight agency in the
nuclear regulatory commission agreement state, in writing by certified delivery within
thirty days of learning of the failure. The report must be signed by an authorized
representative certifying that the information provided is true, accurate, and complete.
This report must include:
(1) The specific condition or conditions the generator, treater, or other handler failed to
meet;
(2) A description of the low-level mixed waste (including the waste name, hazardous
waste code or codes and quantity) and storage location at the facility; and
(3) The date or dates on which the generator, treater, or other handler failed to meet the
condition or conditions.
b. If the failure to meet any of the conditions may endanger human health or the
environment, the generator, treater, or other handler must also immediately notify the
department orally within twenty-four hours and follow up with a written notification within
five days. Failures that may endanger human health or the environment include
discharge of a comprehensive environmental response, compensation and liability act
reportable quantity or other leaking or exploding tanks or containers, or detection of
radionuclides above background or hazardous constituents in the leachate collection

system of a storage area. If the failure may endanger human health or the environment,
the generator, treater, or other handler must follow the provisions of the emergency plan.
2. The department may terminate the conditional exemption for the generator's, treater's, or
other handler's low-level mixed waste, or require the generator, treater, or other handler to
meet additional conditions to claim a conditional exemption, for serious or repeated
noncompliance with any requirement or requirements of sections 33.1-24-05-850 through
33.1-24-05-929.
History: Effective January 1, 2019.
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
### § 33.1-24-05-866. Procedures to reclaim a lost storage and treatment conditional exemption

for low-level mixed waste.
1. A generator, treater, or other handler may reclaim the storage and treatment exemption for
low-level mixed waste if:
a. The generator, treater, or other handler again meets the conditions specified in section
33.1-24-05-857; and
b. The generator, treater, or other handler sends the department a notice by certified
delivery that the generator, treater, or other handler is reclaiming the exemption for
low-level mixed waste. The notice must be signed by an authorized representative
certifying that the information contained in the notice is true, complete, and accurate. In
the notice the generator, treater, or other handler must do the following:
(1) Explain the circumstances of each failure.
(2) Certify that the generator, treater, or other handler has corrected each failure that
caused the loss of the exemption for the low-level mixed waste and that the
generator, treater, or other handler again meets all the conditions as of the date
specified in the notice.
(3) Describe plans that have been implemented, listing specific steps taken to ensure
the conditions will be met in the future.
(4) Include any other information the department should consider when reviewing the
notice reclaiming the exemption.
2. The department may terminate a reclaimed conditional exemption if the department finds the
claim is inappropriate based on factors including the following: failure to correct the problem;
unsatisfactory explanation of the circumstances of the failure; or failure to implement a plan
with steps to prevent another failure to meet the conditions of section 33.1-24-05-857. In
reviewing a reclaimed conditional exemption under this section, the department may add
conditions to the exemption to ensure that waste management during storage and treatment
of the low-level mixed waste will protect human health and the environment.
History: Effective January 1, 2019.
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
### § 33.1-24-05-867. [Reserved].

### § 33.1-24-05-868. [Reserved].


### § 33.1-24-05-869. [Reserved].

### § 33.1-24-05-870. Recordkeeping for the storage and treatment conditional exemption.

1. In addition to those records required by the generator's, treater's, or other handler's nuclear
regulatory commission or nuclear regulatory commission agreement state license, the
generator, treater, or other handler must keep records as follows:
a. The generator's, treater's, or other handler's initial notification records, return receipts,
reports to the department of failure or failures to meet the exemption conditions, and all
records supporting any reclaim of an exemption;
b. Records of low-level mixed waste annual inventories, and quarterly inspections;
c. Certification that facility personnel who manage stored mixed waste are trained in safe
management of low-level mixed waste, including training in chemical waste management
and hazardous materials incidents response; and
d. The emergency plan as specified in subsection 2 of section 33.1-24-05-857.
2. The generator, treater, or other handler must maintain records concerning notification,
personnel trained, and emergency plan for as long as the exemption is claimed and for three
years thereafter, or in accordance with nuclear regulatory commission regulations under
chapter 33.1-10-04.1 [10 CFR part 20], whichever is longer. The generator, treater, or other
handler must maintain records concerning the annual inventory and quarterly inspections for
three years after the waste is sent for disposal, or in accordance with nuclear regulatory
commission regulations under chapter 33.1-10-04.1 [10 CFR part 20], whichever is longer.
3. The retention period referred to in this section is extended automatically during the course of
any unresolved enforcement action regarding the regulated activity or as requested by the
department.
History: Effective January 1, 2019.
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
### § 33.1-24-05-871. [Reserved].

### § 33.1-24-05-872. [Reserved].

### § 33.1-24-05-873. [Reserved].

### § 33.1-24-05-874. [Reserved].

### § 33.1-24-05-875. Re-entry into regulation under the hazardous waste management rules.

Low-level mixed waste is no longer eligible for the storage and treatment conditional exemption:
1. When the low-level mixed waste has met the requirements of the generator's, treater's, or
other handler's nuclear regulatory commission or nuclear regulatory commission agreement
state license for decay-in-storage and can be disposed of as nonradioactive waste, then the
conditional exemption for storage no longer applies. On that date the waste is subject to
hazardous waste regulation under the applicable sections of article 33.1-24, and the time

period for accumulation of a hazardous waste as specified in section 33.1-24-03-28 or
2. When a generator's, treater's, or other handler's conditionally exempt low-level mixed waste,
which has been generated and stored under a single nuclear regulatory commission or
nuclear regulatory commission agreement state license number, is removed from storage, it is
no longer eligible for the storage and treatment exemption, however, the waste may be eligible
for the transportation and disposal conditional exemption at section 33.1-24-05-885.
History: Effective January 1, 2019; amended effective July 1, 2020.
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
### § 33.1-24-05-876. [Reserved].

### § 33.1-24-05-877. [Reserved].

### § 33.1-24-05-878. [Reserved].

### § 33.1-24-05-879. [Reserved].

### § 33.1-24-05-880. Storage unit closure.

Interim status and permitted storage units that have been used to store only low-level mixed waste
prior to the effective date of sections 33.1-24-05-850 through 33.1-24-05-929 and, after that date, store
only low-level mixed waste which becomes exempt under sections 33.1-24-05-850 through
33.1-24-05-929, are not subject to the closure requirements of 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
### § 33.1-24-06-16. Storage units (or portions of units) that have been used to store both low-level mixed

waste and nonmixed hazardous waste prior to the effective date of sections 33.1-24-05-850 through
sections 33.1-24-05-01 through 33.1-24-05-190, 33.1-24-05-300 through 33.1-24-05-524,
requirements of subsection 5 of section 33.1-24-06-16 with respect to the nonmixed hazardous waste.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-881. [Reserved].

### § 33.1-24-05-882. [Reserved].

### § 33.1-24-05-883. [Reserved].

### § 33.1-24-05-884. [Reserved].


### § 33.1-24-05-885. Transportation and disposal conditional exemption.

This conditional exemption exempts a generator's, treater's, or other handler's waste from the
regulatory definition of hazardous waste in section 33.1-24-02-03 if the waste meets the eligibility
criteria under section 33.1-24-05-890, and the generator, treater, or other handler meets the conditions
in section 33.1-24-05-895.
History: Effective January 1, 2019.
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
### § 33.1-24-05-886. [Reserved].

### § 33.1-24-05-887. [Reserved].

### § 33.1-24-05-888. [Reserved].

### § 33.1-24-05-889. [Reserved].

### § 33.1-24-05-890. Eligibility for the transportation and disposal conditional exemption.

Eligible waste must be:
1. A low-level mixed waste, as defined in section 33.1-24-05-850, that meets the waste
acceptance criteria of a low-level radioactive waste disposal facility;
2. An eligible NARM waste, defined in section 33.1-24-05-850; or
3. Both a low-level mixed waste and an eligible NARM waste.
History: Effective January 1, 2019.
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
### § 33.1-24-05-891. [Reserved].

### § 33.1-24-05-892. [Reserved].

### § 33.1-24-05-893. [Reserved].

### § 33.1-24-05-894. [Reserved].

### § 33.1-24-05-895. Conditions to qualify for and maintain the transportation and disposal

conditional exemption.
A generator, treater, or other handler must meet the following conditions for the generator's,
treater's, or other handler's eligible waste to qualify for and maintain the exemption:
1. The eligible waste must meet or be treated to meet land disposal restriction treatment
standards as described in section 33.1-24-05-896.

2. If the generator, treater, or other handler is not already subject to nuclear regulatory
commission or nuclear regulatory commission agreement state equivalent manifest and
transportation regulations for the shipment of the waste, the generator, treater, or other
handler must manifest and transport the waste according to nuclear regulatory commission
regulations as described in section 33.1-24-05-897.
3. The exempted waste must be in containers when it is disposed of in the low-level radioactive
waste disposal facility as described in section 33.1-24-05-900.
4. The exempted waste must be disposed of at a designated low-level radioactive waste disposal
facility as described in section 33.1-24-05-899.
History: Effective January 1, 2019.
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
### § 33.1-24-05-896. Treatment standards for eligible waste.

A generator's, treater's, or other handler's low-level mixed waste or eligible NARM waste must meet
land disposal restriction treatment standards specified in sections 33.1-24-05-280 through
33.1-24-05-289.
History: Effective January 1, 2019.
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
### § 33.1-24-05-897. Manifest and transportation of eligible wastes not already subject to nuclear

regulatory commission or nuclear regulatory commission agreement state equivalent manifest
and transportation regulations.
If the generator, treater, or other handler is not already subject to nuclear regulatory commission or
nuclear regulatory commission agreement state equivalent manifest and transportation regulations for
the shipment of the generator's, treater's, or other handler's waste, then the generator, treater, or other
handler must meet the manifest requirements under chapter 33.1-10-04.1 [10 CFR 20.2006], and the
transportation requirements under chapter 33.1-10-13 [10 CFR 1.5] to ship the exempted waste.
History: Effective January 1, 2019.
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
### § 33.1-24-05-898. Transportation and disposal exemption.

The exemption becomes effective once all the following have occurred:
1. The generator's, treater's, or other handler's eligible waste meets the applicable land disposal
restriction treatment standards.
2. The generator, treater, or other handler has received return receipts that the department and
the low-level radioactive waste disposal facility have received notification as described in
section 33.1-24-05-905.
3. The generator, treater, or other handler has completed the packaging and preparation for
shipment requirements for the generator's, treater's, or other handler's waste according to
nuclear regulatory commission packaging and transportation regulations found under chapter
manifest for the waste according to nuclear regulatory commission manifest regulations found
under chapter 33.1-10-04.1 [10 CFR part 20].

4. The generator, treater, or other handler has placed the waste on a transportation vehicle
destined for a low-level radioactive waste disposal facility licensed by the nuclear regulatory
commission or a nuclear regulatory commission agreement state.
History: Effective January 1, 2019.
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
### § 33.1-24-05-899. Disposal facilities for exempted wastes.

The generator's, treater's, or other handler's exempted waste must be disposed of in a low-level
radioactive waste disposal facility that is regulated and licensed by the nuclear regulatory commission
under 10 CFR part 61 or by a nuclear regulatory commission agreement state under equivalent state
regulations where the low-level radioactive waste disposal facility is located, including state NARM
licensing regulations for eligible NARM.
History: Effective January 1, 2019.
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
### § 33.1-24-05-900. Disposal containers for exempted waste.

The generator's, treater's, or other handler's exempted waste must be placed in containers before it
is disposed. The container must be:
1. A carbon steel drum;
2. An alternative container with equivalent containment performance in the disposal environment
as a carbon steel drum; or
3. A high integrity container as defined by the nuclear regulatory commission.
History: Effective January 1, 2019.
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
### § 33.1-24-05-901. [Reserved].

### § 33.1-24-05-902. [Reserved].

### § 33.1-24-05-903. [Reserved].

### § 33.1-24-05-904. [Reserved].

### § 33.1-24-05-905. Notification.

1. The generator, treater, or other handler must provide a one-time notice to the department
stating that the generator, treater, or other handler is claiming the transportation and disposal
conditional exemption prior to the initial shipment of an exempted waste from the generator's,
treater's, or other handler's facility to a low-level radioactive waste disposal facility. The dated
written notice must include the generator, treater, or other handler facility name, address,
telephone number, and identification number, and be sent by certified delivery.
2. The generator, treater, or other handler must notify the low-level radioactive waste disposal
facility receiving the exempted waste by certified delivery before shipment of each exempted

waste. The generator, treater, or other handler can only ship the exempted waste after receipt
of the return receipt of the notice to the low-level radioactive waste disposal facility. This
notification must include the following:
a. A statement that the generator, treater, or other handler has claimed the exemption for
the waste.
b. A statement that the eligible waste meets applicable land disposal restriction treatment
standards.
c. The generator, treater, or other handler facility's name, address, and identification
number.
d. The hazardous waste code or codes prior to the exemption of the waste streams.
e. A statement that the exempted waste must be placed in a container according to section
transportation and disposal conditional exemption of sections 33.1-24-05-850 through
33.1-24-05-929.
f. The manifest number of the shipment that will contain the exempted waste.
g. A certification that all the information provided is true, complete, and accurate. The
statement must be signed by an authorized representative.
History: Effective January 1, 2019.
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
### § 33.1-24-05-906. [Reserved].

### § 33.1-24-05-907. [Reserved].

### § 33.1-24-05-908. [Reserved].

### § 33.1-24-05-909. [Reserved].

### § 33.1-24-05-910. Recordkeeping for the transportation and disposal conditional exemption.

In addition to those records required by the generator's, treater's, or other handler's nuclear
regulatory commission or nuclear regulatory commission agreement state license, the generator,
treater, or other handler must keep records as follows:
1. The generator, treater, or other handler must follow the applicable existing recordkeeping
requirements under sections 33.1-24-05-40 and 33.1-24-05-256 to demonstrate that the waste
has met land disposal restriction treatment standards prior to claiming the exemption.
2. The generator, treater, or other handler must keep a copy of all notifications and return
receipts required under sections 33.1-24-05-915 and 33.1-24-05-916 for three years after the
exempted waste is sent for disposal.
3. The generator, treater, or other handler must keep a copy of all notifications and return
receipts required under subsection 1 of section 33.1-24-05-905 for three years after the last
exempted waste is sent for disposal.

4. The generator, treater, or other handler must keep a copy of the notification and return receipt
required under subsection 2 of section 33.1-24-05-905 for three years after the exempted
waste is sent for disposal.
5. If the generator, treater, or other handler is not already subject to nuclear regulatory
commission or nuclear regulatory commission agreement state equivalent manifest and
transportation regulations for the shipment of the waste, the generator, treater, or other
handler must also keep all other documents related to tracking the exempted waste as
required under chapter 33.1-10-04.1 [10 CFR 20.2006], including applicable NARM
requirements, in addition to the records specified in subsections 1 through 4.
6. The retention period referred to in this section is extended automatically during the course of
any unresolved enforcement action regarding the regulated activity or as requested by the
department.
History: Effective January 1, 2019.
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
### § 33.1-24-05-911. [Reserved].

### § 33.1-24-05-912. [Reserved].

### § 33.1-24-05-913. [Reserved].

### § 33.1-24-05-914. [Reserved].

### § 33.1-24-05-915. Loss of transportation and disposal conditional exemption.

1. Any waste will automatically lose the transportation and disposal exemption if the generator,
treater, or other handler fails to manage it in accordance with all of the conditions specified in
section 33.1-24-05-895.
a. When the generator, treater, or other handler fails to meet any of the conditions specified
in section 33.1-24-05-895 for any wastes, the generator, treater, or other handler must
report to the department, in writing by certified delivery, within thirty days of learning of
the failure. The report must be signed by an authorized representative certifying that the
information provided is true, accurate, and complete. This report must include:
(1) The specific condition or conditions that the generator, treater, or other handler
failed to meet for the waste;
(2) A description of the waste (including the waste name, hazardous waste code or
codes and quantity) that lost the exemption; and
(3) The date or dates on which the generator, treater, or other handler failed to meet the
condition or conditions for the waste.
b. If the failure to meet any of the conditions may endanger human health or the
environment, the generator, treater, or other handler must also immediately notify the
department orally within twenty-four hours and follow up with a written notification within
five days.

2. The department may terminate the generator's, treater's, or other handler's ability to claim a
conditional exemption for the waste, or require the generator, treater, or other handler to meet
additional conditions to claim a conditional exemption, for serious or repeated noncompliance
with any requirement or requirements of sections 33.1-24-05-850 through 33.1-24-05-929.
History: Effective January 1, 2019.
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
### § 33.1-24-05-916. Procedures to reclaim a lost transportation and disposal conditional

exemption for low-level mixed waste.
1. The generator, treater, or other handler may reclaim the transportation and disposal
exemption for a waste after the generator, treater, or other handler has received a return
receipt confirming that the department has received notification of the loss of the exemption
specified in subsection 1 of section 33.1-24-05-915 and if:
a. The generator, treater, or other handler again meets the conditions specified in section
b. The generator, treater, or other handler sends a notice, by certified delivery, to the
department that the generator, treater, or other handler is reclaiming the exemption for
the waste. The notice must be signed by an authorized representative certifying that the
information provided is true, accurate, and complete. The notice must:
(1) Explain the circumstances of each failure.
(2) Certify that each failure that caused the generator, treater, or other handler to lose
the exemption for the waste has been corrected and that the generator, treater, or
other handler again meets all conditions for the waste as of the date specified in the
notice.
(3) Describe plans the generator, treater, or other handler has implemented, listing the
specific steps taken, to ensure that conditions will be met in the future.
(4) Include any other information the department should consider when reviewing the
notice reclaiming the exemption.
2. The department may terminate a reclaimed conditional exemption if the department finds that
the generator's, treater's, or other handler's claim is inappropriate based on factors including
failure to correct the problem; unsatisfactory explanation of the circumstances of the failure; or
failure to implement a plan with steps to prevent another failure to meet the conditions of
section 33.1-24-05-895. In reviewing a reclaimed conditional exemption under this section, the
department may add conditions to the exemption to ensure that transportation and disposal
activities will protect human health and the environment.
History: Effective January 1, 2019.
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
### § 33.1-24-05-917. [Reserved].

### § 33.1-24-05-918. [Reserved].

### § 33.1-24-05-919. [Reserved].


### § 33.1-24-05-920. [Reserved].

### § 33.1-24-05-921. [Reserved].

### § 33.1-24-05-922. [Reserved].

### § 33.1-24-05-923. [Reserved].

### § 33.1-24-05-924. [Reserved].

### § 33.1-24-05-925. [Reserved].

### § 33.1-24-05-926. [Reserved].

### § 33.1-24-05-927. [Reserved].

### § 33.1-24-05-928. [Reserved].

### § 33.1-24-05-929. [Reserved].

### § 33.1-24-05-930. [Reserved].

### § 33.1-24-05-931. [Reserved].

### § 33.1-24-05-932. [Reserved].

### § 33.1-24-05-933. [Reserved].

### § 33.1-24-05-934. [Reserved].

### § 33.1-24-05-935. [Reserved].

### § 33.1-24-05-936. [Reserved].

### § 33.1-24-05-937. [Reserved].

### § 33.1-24-05-938. [Reserved].

### § 33.1-24-05-939. [Reserved].

### § 33.1-24-05-940. [Reserved].


### § 33.1-24-05-941. [Reserved].

### § 33.1-24-05-942. [Reserved].

### § 33.1-24-05-943. [Reserved].

### § 33.1-24-05-944. [Reserved].

### § 33.1-24-05-945. [Reserved].

### § 33.1-24-05-946. [Reserved].

### § 33.1-24-05-947. [Reserved].

### § 33.1-24-05-948. [Reserved].

### § 33.1-24-05-949. [Reserved].

### § 33.1-24-05-950. Purpose, scope, and applicability of standardized permits.

1. The purpose of sections 33.1-24-05-950 through 33.1-24-05-1149 is to establish minimum
standards which define the acceptable management of hazardous waste under sections
2. Sections 33.1-24-05-950 through 33.1-24-05-1149 applies to owners and operators of facilities
who treat or store hazardous waste under sections 33.1-24-06-45 through 33.1-24-06-85,
except as provided otherwise in sections 33.1-24-02-01 through 33.1-24-02-07 or
subsection 6 of section 33.1-24-05-01.
3. Notwithstanding any other provisions of this part, enforcement actions may be brought
pursuant to North Dakota Century Code section 23.1-04-14.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08, 23.1-04-15; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-951. Operating status prior to final administrative disposition of the permit

application.
If a facility owner or operator has fully complied with the requirements for interim status, as defined
in subsection 2 of North Dakota Century Code section 23.1-04-08 and regulations under 40 CFR
270.70 as incorporated by reference at subsection 5 of section 33.1-24-06-16, the owner or operator
must comply with the applicable provisions of 40 CFR part 265 as incorporated by reference in
subsection 5 of section 33.1-24-06-16 instead of the rules in sections 33.1-24-05-950 through
33.1-24-05-1149, until final administrative disposition of the standardized permit application is made,
except as provided under sections 33.1-24-05-550 through 33.1-24-05-559.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19

### § 33.1-24-05-952. [Reserved].

### § 33.1-24-05-953. [Reserved].

### § 33.1-24-05-954. [Reserved].

### § 33.1-24-05-955. [Reserved].

### § 33.1-24-05-956. [Reserved].

### § 33.1-24-05-957. [Reserved].

### § 33.1-24-05-958. [Reserved].

### § 33.1-24-05-959. [Reserved].

### § 33.1-24-05-960. General facility standards.

1. Sections 33.1-24-05-960 through 33.1-24-05-979 applies to owners or operators of facilities
that treat or store hazardous waste under sections 33.1-24-06-45 through 33.1-24-06-85,
except as provided in subsection 2 of section 33.1-24-05-950.
2. To comply with sections 33.1-24-05-960 through 33.1-24-05-979, the owner or operator must
obtain an identification number, and follow the requirements for waste analysis (section
33.1-24-05-963), security (section 33.1-24-05-964), inspections (section 33.1-24-05-965),
training (section 33.1-24-05-966), special waste handling (section 33.1-24-05-967), and
location standards (section 33.1-24-05-968).
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-961. Identification number.

To comply with sections 33.1-24-05-950 through 33.1-24-05-1149, the facility owner or operator
must apply to the department for an identification number.
History: Effective January 1, 2019.
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
### § 33.1-24-05-962. [Reserved].

### § 33.1-24-05-963. General waste analysis.

1. Before an owner or operator treats or stores any hazardous wastes, the owner or operator
must obtain a detailed chemical and physical analysis of a representative sample of the
wastes. At a minimum, the analysis must contain all the information needed to treat or store
the waste to comply with sections 33.1-24-05-950 through 33.1-24-05-1149 and sections

a. The analysis may include data that was developed under chapter 33.1-24-02, and
published or documented data on the hazardous waste or on hazardous waste
generated from similar processes.
b. The analysis must be repeated as necessary to ensure that it is accurate and up-to-date.
At a minimum, the analysis must be repeated if the process or operation generating the
hazardous wastes has changed.
2. The owner or operator must develop and follow a written waste analysis plan that describes
the procedures which the owner or operator will follow to comply with subsection 1. The owner
or operator must keep this plan at the facility. If the facility receives wastes generated from
offsite, and is eligible for a standardized permit, the owner or operator also must have
submitted the waste analysis plan with the notice of intent. At a minimum, the plan must
specify all of the following:
a. The hazardous waste parameters that will be analyzed and the rationale for selecting
these parameters, for example, how analysis for these parameters will provide sufficient
information on the waste's properties to comply with subsection 1;
b. The test methods which will be used to test for these parameters;
c. The sampling method which will be used to obtain a representative sample of the waste
to be analyzed. A representative sample may be obtained using either:
(1) One of the sampling methods described in appendix I of chapter 33.1-24-02; or
(2) An equivalent sampling method.
d. The frequency with which the initial analysis of the waste will be reviewed or repeated to
ensure that the analysis is accurate and up-to-date; and
e. Where applicable, the methods which will be used to meet the additional waste analysis
requirements for specific waste management methods as specified in section
33.1-24-05-08, subsection 4 of section 33.1-24-05-404, subsection 4 of section
33.1-24-05-433, and section 33.1-24-05-453.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-964. Security.

1. The owner or operator must prevent, and minimize the possibility for, livestock and
unauthorized people from entering the active portion of the facility.
2. The facility must have:
a. A twenty-four hour surveillance system, for example, television monitoring or surveillance
by guards or facility personnel, that continuously monitors and controls entry onto the
active portion of the facility; or
b. An artificial or natural barrier, for example, a fence in good repair or a fence combined
with a cliff, that completely surrounds the active portion of the facility; and
c. A means to control entry, at all times, through the gates or other entrances to the active
portion of the facility, for example, an attendant, television monitors, locked entrance, or
controlled roadway access to the facility.

3. The owner or operator must post a sign at each entrance to the active portion of a facility, and
at other prominent locations, in sufficient numbers to be seen from any approach to this active
portion. The sign must bear the legend "Danger - Unauthorized Personnel Keep Out". The
legend must be in English and in any other language predominant in the area surrounding the
facility and must be legible from a distance of at least twenty-five feet. Existing signs with a
legend other than "Danger - Unauthorized Personnel Keep Out" may be used if the legend on
the sign indicates that only authorized personnel are allowed to enter the active portion, and
that entry onto the active portion can be dangerous.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-965. General inspection requirements.

1. The owner or operator must inspect the facility for malfunctions and deterioration, operator
errors, and discharges that may be causing, or may lead to:
a. Release of hazardous waste constituents to the environment; or
b. A threat to human health. The owner or operator must conduct these inspections often
enough to identify problems in time to correct them before they result in harm to human
health or the environment.
2. The owner or operator must develop and follow a written schedule for inspecting, monitoring
equipment, safety and emergency equipment, security devices, and operating and structural
equipment (such as dikes and sump pumps) that are important to preventing, detecting, or
responding to environmental or human health hazards.
a. The owner or operator must keep this schedule at the facility.
b. The schedule must identify the equipment and devices that will be inspected and what
problems will be looked for, such as malfunctions or deterioration of equipment, for
example, inoperative sump pump or leaking fitting.
c. The frequency of inspections may vary for the items on the schedule. However, the
frequency should be based on the rate of deterioration of the equipment and the
probability of an environmental or human health incident if the deterioration, malfunction,
or any operator error goes undetected between inspections. Areas subject to spills, such
as loading and unloading areas, must be inspected daily when in use. At a minimum, the
inspection schedule must include the items and frequencies required in sections
33.1-24-05-1084, 33.1-24-05-1103, 33.1-24-05-1105, 33.1-24-05-1133, 33.1-24-05-403,
33.1-24-05-422, 33.1-24-05-423, 33.1-24-05-428, and 33.1-24-05-453 through
33.1-24-05-459, where applicable.
3. The owner or operator must remedy any deterioration or malfunction of equipment or
structures that the inspection reveals in time to prevent any environmental or human health
hazard. Where a hazard is imminent or has already occurred, remedial action must be taken
immediately.
4. The owner or operator must record all inspections in an inspection log or summary. The owner
or operator must keep these records for at least three years from the date of inspection. At a
minimum, these records must include the date and time of the inspection, the name of the
inspector, a notation of the observations made, and the date and nature of any repairs or other
remedial actions.
History: Effective January 1, 2019.

General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-966. Personnel training.

1. Facility personnel must successfully complete a program of classroom instruction or on the job
training that teaches them to perform their duties in a way that ensures the facility's
compliance with the requirements of sections 33.1-24-05-950 through 33.1-24-05-1149. The
owner or operator shall ensure that this program includes all the elements described in the
documents that are required under subdivision c of subsection 4.
a. This program must be directed by a person trained in hazardous waste management
procedures, and must include instruction which teaches facility personnel hazardous
waste management procedures, including contingency plan implementation, relevant to
their employment positions.
b. At a minimum, the training program must be designed to ensure that facility personnel
are able to respond effectively to emergencies by including instruction on emergency
procedures, emergency equipment, and emergency systems, including all of the
following, where applicable:
(1) Procedures for using, inspecting, repairing, and replacing facility emergency and
monitoring equipment;
(2) Key parameters for automatic waste feed cut-off systems;
(3) Communications or alarm systems;
(4) Response to fires or explosions;
(5) Response to ground water contamination incidents; and
(6) Shutdown of operations.
2. Facility personnel must successfully complete the program required in subsection 1 within six
months after the date of their employment or assignment to a facility, or to a new position at a
facility, whichever is later. Employees hired after the effective date of the facility's standardized
permit must not work in unsupervised positions until they have completed the training
requirements of subsection 1.
3. Facility personnel must take part in an annual review of the initial training required in
subsection 1.
4. The owner or operator must maintain the following documents and records at the facility:
a. The job title for each position at the facility related to hazardous waste management, and
the name of the employee filling each job.
b. A written job description for each position listed under subdivision a. This description
must include the requisite skill, education, or other qualifications, and duties of
employees assigned to each position.
c. A written description of the type and amount of both introductory and continuing training
that will be given to each person filling a position listed under subdivision a.
d. Records that document that facility personnel have received and completed the training
or job experience required under subsections 1, 2, and 3.

5. Training records on current personnel must be kept until the facility closes. Training records on
former employees must be kept for at least three years from the date the employee last
worked at the facility. Personnel training records may accompany personnel transferred within
the same company.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-967. General requirements for ignitable, reactive, or incompatible wastes.

1. The owner or operator must take precautions to prevent accidental ignition or reaction of
ignitable or reactive waste by following these requirements:
a. These wastes must be separated and protected from sources of ignition or reaction such
as: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks
(static, electrical, or mechanical), spontaneous ignition (for example, from heat producing
chemical reactions), and radiant heat;
b. While ignitable or reactive waste is being handled, the owner or operator must confine
smoking and open flames to specially designated locations; and
c. "No Smoking" signs must be conspicuously placed wherever there is a hazard from
ignitable or reactive waste.
2. If the owner or operator treats or stores ignitable or reactive waste, or mixes incompatible
waste or incompatible wastes and other materials, the owner or operator must take
precautions to prevent reactions that:
a. Generate extreme heat or pressure, fire or explosions, or violent reactions;
b. Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to
threaten human health or the environment;
c. Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of
fire or explosions;
d. Damage the structural integrity of the device or facility; and
e. Threaten human health or the environment in any similar way.
3. The owner or operator must document compliance with subsection 1 or 2. This documentation
may be based on references to published scientific or engineering literature, data from trial
tests (for example, bench scale or pilot scale tests), waste analyses (as specified in section
33.1-24-05-963), or the results of the treatment of similar wastes by similar treatment
processes and under similar operating conditions.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-968. Location standards.

The department will not issue or approve a permit to any facility or portion of a facility which is or
will be constructed in a location with a geology, hydrogeology, hydrology, or topography which the
department reasonably believes is incompatible with the type of hazardous waste management activity
occurring or proposed to occur. Locations which are specifically within the meaning of this section

include floodplains, ground water recharge areas, highly permeable soils, high ground water tables,
and areas of high topographic relief.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-969. [Reserved].

### § 33.1-24-05-970. [Reserved].

### § 33.1-24-05-971. [Reserved].

### § 33.1-24-05-972. [Reserved].

### § 33.1-24-05-973. [Reserved].

### § 33.1-24-05-974. [Reserved].

### § 33.1-24-05-975. [Reserved].

### § 33.1-24-05-976. [Reserved].

### § 33.1-24-05-977. [Reserved].

### § 33.1-24-05-978. [Reserved].

### § 33.1-24-05-979. [Reserved].

### § 33.1-24-05-980. Preparedness and prevention.

Sections 33.1-24-05-980 through 33.1-24-05-989 applies to owners or operators of facilities that
treat or store hazardous waste under sections 33.1-24-06-45 through 33.1-24-06-85, except as
provided in subsection 2 of section 33.1-24-05-950.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-981. General design and operation standards.

The owner or operator must design, construct, maintain, and operate the facility to minimize the
possibility of a fire, explosion, or any unplanned sudden or nonsudden release of hazardous waste or
hazardous waste constituents to air, soil, or surface water that could threaten human health or the
environment.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19

### § 33.1-24-05-982. Required equipment.

The facility must be equipped with all of the following, unless none of the hazards posed by waste
handled at the facility could require a particular kind of equipment specified below:
1. An internal communications or alarm system capable of providing immediate emergency
instruction (voice or signal) to facility personnel;
2. 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;
3. 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
4. Water at adequate volume and pressure to supply water hose streams, foam-producing
equipment, automatic sprinklers, or water spray systems.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-983. Testing and maintenance of equipment.

The owner or operator must test and maintain all required facility communications or alarm
systems, fire protection equipment, spill control equipment, and decontamination equipment, as
necessary, to assure its proper operation in time of emergency.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-984. Access to communication equipment or alarm system.

1. Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all
personnel involved in the operation must have immediate access to an internal alarm or
emergency communication device, either directly or through visual or voice contact with
another employee, unless the device is not required under section 33.1-24-05-982.
2. If just one employee is on the premises while the facility is operating, that person must have
immediate access to a device, such as a telephone (immediately available at the scene of
operation) or a hand-held two-way radio, capable of summoning external emergency
assistance, unless not required under section 33.1-24-05-982.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-985. Required aisle space.

The owner or operator must maintain enough aisle space to allow the unobstructed movement of
personnel, fire protection equipment, spill control equipment, and decontamination equipment to any
area of facility operation in an emergency, as appropriate, considering the type of waste being stored or
treated.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-986. Arrangements with local authorities.

1. The owner or operator must attempt to make the following arrangements, as appropriate, for
the type of waste handled at the facility and the potential need for the services of these
organizations:
a. Arrangements to familiarize police, fire departments, and emergency response teams
with the layout of the facility, properties of hazardous waste handled at the facility and
associated hazards, places where facility personnel would normally be working,
entrances to and roads inside the facility, and possible evacuation routes;
b. Agreements designating primary emergency authority to a specific police and a specific
fire department where more than one police and fire department might respond to an
emergency, and agreements with any others to provide support to the primary
emergency authority;
c. Agreements with state emergency response teams, emergency response contractors,
and equipment suppliers; and
d. Arrangements to familiarize local hospitals with the properties of hazardous waste
handled at the facility and the types of injuries or illnesses that could result from fires,
explosions, or releases at the facility.
2. Where state or local authorities decline to enter into such arrangements, the owner or
operator must document the refusal in the operating record.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-987. [Reserved].

### § 33.1-24-05-988. [Reserved].

### § 33.1-24-05-989. [Reserved].

### § 33.1-24-05-990. Contingency plan and emergency procedures.

Sections 33.1-24-05-990 through 33.1-24-05-1009 applies to owners or operators of facilities that
treat or store hazardous waste under sections 33.1-24-06-45 through 33.1-24-06-85, except as
provided in subsection 2 of section 33.1-24-05-950.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-991. Purpose and implementation of contingency plan.

1. The owner or operator must 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 waste or hazardous
waste constituents to air, soil, or surface water.

2. The owner or operator must implement the provisions of the plan immediately whenever there
is a fire, explosion, or release of hazardous waste or hazardous waste constituents which
could threaten human health or the environment.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-992. Content of contingency plan.

1. The contingency plan must:
a. Describe the actions facility personnel will take to comply with sections 33.1-24-05-991
and 33.1-24-05-996 in response to fires, explosions, or any unplanned sudden or
nonsudden release of hazardous waste or hazardous waste constituents to air, soil, or
surface water at the facility.
b. Describe all arrangements agreed upon under section 33.1-24-05-986 by local police
departments, fire departments, hospitals, contractors, and state and local emergency
response teams to coordinate emergency services.
c. List names, addresses, and phone numbers (office and home) of all persons qualified to
act as emergency coordinator (see section 33.1-24-05-995), and the owner or operator
must keep the list up-to-date. Where more than one person is listed, one must be named
as primary emergency coordinator and others must be listed in the order in which they
will assume responsibility as alternates.
d. Include a current list of all emergency equipment at the facility such as fire extinguishing
systems, spill control equipment, communications and alarm systems (internal and
external), and decontamination equipment, where this equipment is required. In addition,
the plan must include the location and a physical description of each item on the list, and
a brief outline of its capabilities.
e. Include an evacuation plan for facility personnel where there is a possibility that
evacuation could be necessary. This plan must describe signals to be used to begin
evacuation, evacuation routes, and alternate evacuation routes, in cases where the
primary routes could be blocked by releases of hazardous waste or fires.
2. If the owner or operator has already prepared a spill prevention, control, and countermeasures
(SPCC) plan under 40 CFR part 112, or some other emergency or contingency plan, the
owner or operator need only amend that plan to incorporate hazardous waste management
provisions that will comply with these requirements.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-993. Copies of contingency plan.

1. The owner or operator must maintain a copy of the plan with all revisions at the facility; and
2. A copy must be submitted, with all revisions, to all local police departments, fire departments,
hospitals, and state and local emergency response teams that may be called upon to provide
emergency services.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-994. Amendment of contingency plan.

The owner or operator must review, and immediately amend the contingency plan, if necessary,
whenever:
1. The facility permit is revised;
2. The plan fails in an emergency;
3. The facility changes in its design, construction, operation, maintenance, or other
circumstances in a way that materially increases the potential for fires, explosions, or releases
of hazardous waste or hazardous waste constituents, or changes the response necessary in
an emergency;
4. The list of emergency coordinators changes; or
5. The list of emergency equipment changes.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-995. Emergency coordinator.

At least one employee must be either on the facility premises or on call at all times, for example,
available to respond to an emergency by reaching the facility within a short period of time, who has the
responsibility for coordinating all emergency response measures. This emergency coordinator must be
thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the
facility, the location and characteristics of waste handled, the location of all records within the facility,
and the facility layout. In addition, this person must have the authority to commit the resources needed
to carry out the contingency plan.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-996. Emergency procedures.

1. Whenever there is an imminent or actual emergency situation, the emergency coordinator, or
the coordinator's designee when the emergency coordinator is on call, must immediately:
a. Activate internal facility alarm or communication systems, where applicable, to notify all
facility personnel; and
b. Notify appropriate state or local agencies with designated response roles if their help is
needed.
2. Whenever there is a release, fire, or explosion, the emergency coordinator must:
a. Immediately identify the character, exact source, amount, and areal extent of any
released materials. The emergency coordinator may do this by observation or review of
facility records or manifests and, if necessary, by chemical analysis.
b. Assess possible hazards to human health or the environment that may result from the
release, fire, or explosion. This assessment must consider both direct and indirect effects
of the release, fire, or explosion. For example, the assessment would consider the effects

of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any
hazardous surface water runoff from water or chemical agents used to control fire and
heat induced explosions.
3. If the emergency coordinator determines that the facility has had a release, fire, or explosion
which could threaten human health or the environment outside the facility, the emergency
coordinator must report the coordinator's findings as follows:
a. If the coordinator's assessment indicates that evacuation of local areas may be
advisable, the coordinator must immediately notify appropriate local authorities. The
coordinator must be available to help appropriate officials decide whether local areas
should be evacuated.
b. The coordinator must immediately notify either the government official designated as the
on-scene coordinator for that geographical area or the national response center, using
their twenty-four hour toll-free number 800-424-8802. The report must include:
(1) Name and telephone number of the reporter;
(2) Name and address of facility;
(3) Time and type of incident, for example, a release or a fire;
(4) Name and quantity of materials involved, to the extent known;
(5) The extent of injuries, if any; and
(6) The possible hazards to human health or the environment outside the facility.
4. During an emergency, the emergency coordinator must take all reasonable measures
necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other
hazardous waste at the facility. These measures must include, where applicable, stopping
processes and operations, collecting and containing release waste, and removing or isolating
containers.
5. If the facility stops operations in response to a fire, explosion, or release, the emergency
coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
pipes, or other equipment, when appropriate.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-997. Procedures after an emergency.

1. Immediately after an emergency, the emergency coordinator must provide for treating, storing,
or disposing of recovered waste, contaminated soil or surface water, or any other material that
results from a release, fire, or explosion at the facility.
2. The emergency coordinator must ensure that, in the affected areas of the facility:
a. No waste that may be incompatible with the released material is treated, stored, or
disposed of until cleanup procedures are completed.
b. All emergency equipment listed in the contingency plan is cleaned and fit for its intended
use before operations are resumed.
History: Effective January 1, 2019.

General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-998. Notification and recordkeeping after an emergency.

1. The owner or operator must notify the department and other appropriate state and local
authorities, that the facility is in compliance with subsection 2 of section 33.1-24-05-997 before
operations are resumed in the affected areas of the facility.
2. The owner or operator must note the time, date, and details of any incident that requires
implementing the contingency plan in the operating record. Within fifteen days after the
incident, the owner or operator must submit a written report on the incident to the department.
The report must include the following:
a. The name, address, and telephone number of the owner or operator;
b. The name, address, and telephone number of the facility;
c. The date, time, and type of incident (for example, fire, explosion);
d. The name and quantity of materials involved;
e. The extent of injuries, if any;
f. An assessment of actual or potential hazards to human health or the environment, where
this is applicable; and
g. The estimated quantity and disposition of recovered material that resulted from the
incident.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-999. [Reserved].

### § 33.1-24-05-1000. [Reserved].

### § 33.1-24-05-1001. [Reserved].

### § 33.1-24-05-1002. [Reserved].

### § 33.1-24-05-1003. [Reserved].

### § 33.1-24-05-1004. [Reserved].

### § 33.1-24-05-1005. [Reserved].

### § 33.1-24-05-1006. [Reserved].

### § 33.1-24-05-1007. [Reserved].


### § 33.1-24-05-1008. [Reserved].

### § 33.1-24-05-1009. [Reserved].

### § 33.1-24-05-1010. Recordkeeping, reporting, and notifying.

Sections 33.1-24-05-1010 through 33.1-24-05-1019 applies to owners or operators of facilities that
store or nonthermally treat hazardous waste under sections 33.1-24-06-45 through 33.1-24-06-85,
except as provided in subsection 2 of section 33.1-24-05-950. In addition, the owner or operator must
comply with the manifest requirements of chapter 33.1-24-03 whenever a shipment of hazardous waste
is initiated from the facility.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1011. Use of manifest system.

1. If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or
the owner's or operator's agent, shall:
a. Sign and date each copy of the manifest to certify that the hazardous waste covered by
the manifest was received;
b. Note any significant discrepancies in the manifest, as defined in subsection 1 of section
33.1-24-05-1012, on each copy of the manifest;
c. Immediately give the transporter at least one copy of the signed manifest;
d. Within thirty days after the delivery, send a copy of the manifest to the generator;
e. Retain at the facility a copy of each manifest for at least three years from the date of
delivery; and
f. If a facility receives hazardous waste subject to sections 33.1-24-03-50 through
(1) Additionally list the relevant consent number from consent documentation supplied
by the environmental protection agency to the facility for each waste listed on the
manifest, matched to the relevant list number for the waste from block 9b. If
additional space is needed, the receiving facility should use a continuation sheet
(environmental protection agency form 8700-22A); and
(2) Mail a copy of the manifest to the environmental protection agency using the
addresses listed in subsection 5 of section 33.1-24-03-52 within thirty days of
delivery until the facility can submit such a copy to the e-Manifest system per
paragraph 5 of subdivision b of subsection 1 of section 33.1-24-05-38..
2. If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is
accompanied by a shipping paper containing all the information required on the manifest
(excluding the identification numbers, generator's certification, and signatures), the owner or
operator, or the owner's or operator's agent, shall:
a. Sign and date each copy of the manifest or shipping paper (if the manifest has not been
received) to certify that the hazardous waste covered by the manifest or shipping paper
was received.

b. Note any significant discrepancies, as defined in subsection 1 of section
33.1-24-05-1012, in the manifest or shipping paper (if the manifest has not been
received) on each copy of the manifest or shipping paper. Note that the department does
not intend that the owner or operator of a facility whose procedures under subsection 2 of
section 33.1-24-05-963 include waste analysis must perform that analysis before signing
the shipping paper and giving it to the transporter. Subsection 2 of section
33.1-24-05-1012, however, requires reporting an unreconciled discrepancy discovered
during later analysis.
c. Immediately give the rail or water (bulk shipment) transporter at least one copy of the
manifest or shipping paper (if the manifest has not been received).
d. Within thirty days after the delivery, send a copy of the signed and dated manifest to the
generator; however, if the manifest has not been received within thirty days after delivery,
the owner or operator, or the owner's or operator's agent, shall send a copy of the
shipping paper signed and dated to the generator. Note that subsection 3 of section
when hazardous waste is sent by rail or water (bulk shipment).
e. Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the
manifest at the time of delivery) for at least three years from the date of delivery.
3. Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of
that facility must comply with the requirements of chapter 33.1-24-03. The department notes
that the provisions of section 33.1-24-03-28 or 33.1-24-03-29 are applicable to the onsite
accumulation of hazardous wastes by generators. Therefore, the provisions of section
hazardous waste which they generated at that facility.
4. As per paragraph 15 of subdivision b of subsection 4 of section 33.1-24-05-55, within three
working days of the receipt of a shipment subject to sections 33.1-24-03-50 through
33.1-24-03-55, the owner or operator of a facility shall provide a copy of the movement
document bearing all required signatures to the foreign exporter; to the competent authorities
of the countries of export and transit that control the shipment as an export and transit of
hazardous waste respectively; and on or after the electronic import export reporting
compliance date, to the environmental protection agency electronically using the
environmental protection agency's waste import export tracking system, or its successor
system. The original copy of the movement document must be maintained at the facility for at
least three years from the date of signature. The owner or operator of a facility may satisfy this
recordkeeping requirement by retaining electronically submitted documents in the facility's
account on the environmental protection agency's waste import export tracking system, or its
successor system, provided that copies are readily available for viewing and production if
requested by any environmental protection agency or authorized state inspector. No owner or
operator of a facility may be held liable for the inability to produce the documents for
inspection under this section if the owner or operator of a facility may be held liable for the
inability to produce the document is due exclusively to technical difficulty with the
environmental protection agency's waste import export tracking system or its successor
system, for which the owner or operator of a facility bears no responsibility.
History: Effective January 1, 2019; amended effective July 1, 2020.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19

### § 33.1-24-05-1012. Manifest discrepancies.

1. Manifest discrepancies are differences between the quantity or type of hazardous waste
designated on the manifest or shipping paper, and the quantity or type of hazardous waste a
facility actually receives. Significant discrepancies in quantity are:
a. For bulk waste, variations greater than ten percent in weight; and
b. For batch waste, any variation in piece count, such as a discrepancy of one drum in a
truckload. Significant discrepancies in type are obvious differences which can be
discovered by inspection or waste analysis, such as waste solvent substituted for waste
acid, or toxic constituents not reported on the manifest or shipping paper.
2. Upon discovering a significant discrepancy, the owner or operator must attempt to reconcile
the discrepancy with the waste generator or transporter (for example, with telephone
conversations). If the discrepancy is not resolved within fifteen days after receiving the waste,
the owner or operator must immediately submit to the department a letter describing the
discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at
issue.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1013. Operating record.

1. The owner or operator must keep a written operating record at the facility.
2. The following information must be recorded, as it becomes available, and maintained in the
operating record until closure of the facility:
a. A description and the quantity of each type of hazardous waste generated, and the
methods and dates of its storage or treatment or both at the facility as required by
appendix I of chapter 33.1-24-05;
b. The location of each hazardous waste within the facility and the quantity at each location;
c. Records and results of waste analyses and waste determinations performed as specified
in sections 33.1-24-05-963, 33.1-24-05-967, 33.1-24-05-404, 33.1-24-05-433,
33.1-24-05-453, and 33.1-24-05-256;
d. Summary reports and details of all incidents that require the owner or operator to
implement the contingency plan as specified in subsection 2 of section 33.1-24-05-998;
e. Records and results of inspections as required by subsection 4 of section 33.1-24-05-965
(except the owner or operator needs to keep this data for only three years);
f. Monitoring, testing or analytical data, and corrective action when required by sections
33.1-24-05-1103, 33.1-24-05-1105, and subsections 3 through 6 of section
33.1-24-05-404, 33.1-24-05-405, subsections 4 through 9 of section 33.1-24-05-433,
33.1-24-05-434, 33.1-24-05-458, 33.1-24-05-459, and 33.1-24-05-460;
g. All closure cost estimates under section 33.1-24-05-1062;
h. A certification, at least annually, that the permittee has a program in place to reduce the
volume and toxicity of hazardous waste that is generated to the degree determined to be
economically practicable; and that the proposed method of treatment or storage is that

practicable method currently available to the permittee that minimizes the present and
future threat to human health and the environment;
i. For an onsite treatment facility, the information contained in the notice (except the
manifest number), and the certification and demonstration, if applicable, required by the
permittee under section 33.1-24-05-256;
j. For an onsite storage facility, the information in the notice (except the manifest number),
and the certification and demonstration, if applicable, required by the permittee under
section 33.1-24-05-256;
k. For an offsite treatment facility, a copy of the notice, and the certification and
demonstration, if applicable, required by the generator or the owner or operator under
section 33.1-24-05-256; and
l. For an offsite storage facility, a copy of the notice, and the certification and
demonstration, if applicable, required by the generator or the owner or operator under
section 33.1-24-05-256.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1014. Availability, retention, and disposition of records.

1. All records, including plans, required under sections 33.1-24-05-950 through 33.1-24-05-1149
must be furnished upon request, and made available at all reasonable times for inspection, by
a duly designated officer, employee, or representative of the department.
2. The retention period for all records required under sections 33.1-24-05-950 through
action involving the facility or as requested by the department.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-12; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1015. Reports.

The owner or operator must prepare and submit a biennial report and other reports listed in
subsection 2.
1. Biennial report. The owner or operator must prepare and submit a single copy of a biennial
report to the department by March first of each even-numbered year. The biennial report form
and instructions can be obtained from the department. The report must cover facility activities
during the previous calendar year and must include:
a. The identification number, name, and address of the facility;
b. The calendar year covered by the report;
c. The method of treatment or storage for each hazardous waste;
d. The most recent closure cost estimate under section 33.1-24-05-1062;
e. A description of the efforts undertaken during the year to reduce the volume and toxicity
of generated waste;

f. A description of the changes in volume and toxicity of waste actually achieved during the
year in comparison to previous years to the extent such information is available for the
years prior to 1984; and
g. The certification signed by the owner or operator.
2. Additional reports. In addition to submitting the biennial reports, the owner or operator must
also report to the department:
a. Releases, fires, and explosions as specified in subsection 2 of section 33.1-24-05-998;
b. Facility closures specified in section 33.1-24-05-1047; and
c. As otherwise required by sections 33.1-24-05-1080 through 33.1-24-05-1099,
and 33.1-24-05-400 through 33.1-24-05-474.
3. For offsite facilities, the identification number of each hazardous waste generator from which
the facility received a hazardous waste during the year; for imported shipments, the report
must give the name and address of the foreign generator.
4. A description and the quantity of each hazardous waste the facility received during the year.
For offsite facilities, this information must be listed by identification number of each generator.
History: Effective January 1, 2019; amended effective July 1, 2021.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1016. Transfer of ownership.

Before transferring ownership or operation of a facility during its operating life, the permittee must
notify the new owner or operator in writing of the requirements of sections 33.1-24-05-950 through
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1017. [Reserved].

### § 33.1-24-05-1018. [Reserved].

### § 33.1-24-05-1019. [Reserved].

### § 33.1-24-05-1020. Releases from solid waste management units.

Sections 33.1-24-05-1020 through 33.1-24-05-1039 applies to the owner or operator of a facility
that treats or stores hazardous waste and is regulated under sections 33.1-24-06-45 through
33.1-24-06-85, except as provided in subsection 2 of section 33.1-24-05-950, or unless the facility
already has a permit that imposes requirements for corrective action under section 33.1-24-05-58.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1021. [Reserved].


### § 33.1-24-05-1022. [Reserved].

### § 33.1-24-05-1023. [Reserved].

### § 33.1-24-05-1024. [Reserved].

### § 33.1-24-05-1025. [Reserved].

### § 33.1-24-05-1026. [Reserved].

### § 33.1-24-05-1027. [Reserved].

### § 33.1-24-05-1028. [Reserved].

### § 33.1-24-05-1029. [Reserved].

### § 33.1-24-05-1030. [Reserved].

### § 33.1-24-05-1031. Corrective action for solid waste management units.

1. The owner or operator must institute corrective action as necessary to protect human health
and the environment for all releases of hazardous waste or constituents from any solid waste
management unit at the facility, regardless of the time at which waste was placed in such unit.
2. The department will specify corrective action in the supplemental portion of the standardized
permit in accordance with this section and sections 33.1-24-05-550 through 33.1-24-05-559.
The department will include in the supplemental portion of the standardized permit schedules
of compliance for corrective action (where corrective action cannot be completed prior to
issuance of the permit) and assurances of financial responsibility for completing corrective
action.
3. The owner or operator must implement corrective action beyond the facility property boundary,
where necessary to protect human health and the environment, unless the owner or operator
demonstrates to the satisfaction of the department that, despite the owner's or operator's best
efforts, the owner or operator was unable to obtain the necessary permission to undertake
such actions. The owner or operator is not relieved of all responsibility to clean up a release
that has migrated beyond the facility boundary where offsite access is denied. Onsite
measures to address such releases will be determined on a case-by-case basis. The owner or
operator must provide assurances of financial responsibility for such corrective action.
4. The owner or operator does not have to comply with this section if the owner or operator are
the owner or operator of a remediation waste site unless the owner's or operator's site is part
of a facility that is subject to a permit for treating, storing, or disposing of hazardous wastes
that are not remediation wastes.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08, 23.1-04-13; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1032. [Reserved].


### § 33.1-24-05-1033. [Reserved].

### § 33.1-24-05-1034. [Reserved].

### § 33.1-24-05-1035. [Reserved].

### § 33.1-24-05-1036. [Reserved].

### § 33.1-24-05-1037. [Reserved].

### § 33.1-24-05-1038. [Reserved].

### § 33.1-24-05-1039. [Reserved].

### § 33.1-24-05-1040. Applicability of closure requirements.

Sections 33.1-24-05-1040 through 33.1-24-05-1059 applies to the owner or operator of a facility
that treats or stores hazardous waste and is regulated under sections 33.1-24-06-45 through
33.1-24-06-85, except as provided in subsection 2 of section 33.1-24-05-950.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1041. Closure performance standard.

The owner or operator shall close the storage and treatment units in a manner that:
1. Minimizes the need for further maintenance;
2. Controls, minimizes, or eliminates, to the extent necessary to protect human health and the
environment, postclosure escape of hazardous waste, hazardous constituents, leachate,
contaminated runoff, or hazardous waste decomposition products to the ground or surface
waters or to the atmosphere; and
3. Meets the closure requirements of sections 33.1-24-05-1040 through 33.1-24-05-1059 and the
requirements of sections 33.1-24-05-1086, 33.1-24-05-1111, and 33.1-24-05-1138. If the
owner or operator determines that, when applicable, the closure requirements of section
then the owner or operator must close the unit in accordance with the requirements that apply
to landfills (section 33.1-24-05-180). In addition, for the purposes of postclosure and financial
responsibility, such a tank system or containment building is then considered to be a landfill,
and the owner or operator must apply for a postclosure care permit in accordance with
chapter 33.1-24-06.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19

### § 33.1-24-05-1042. Closure plan.

1. To close the facility, the owner or operator must follow an approved closure plan, and follow
notification requirements.
a. The closure plan must be submitted with the notice of intent to operate under a
standardized permit. Final issuance of the standardized permit constitutes approval of
the closure plan, and the plan becomes a condition of the hazardous waste standardized
permit.
b. The department's approval of the plan must ensure that the approved plan is consistent
with sections 33.1-24-05-1041 through 33.1-24-05-1045, 33.1-24-05-1086,
33.1-24-05-1111, and 33.1-24-05-1138.
2. Satisfy the requirements for content of a closure plan. The closure plan must identify steps
necessary to perform partial or final, or both, closure of the facility. The closure plan must
include, at least:
a. A description of how each hazardous waste management unit at the facility subject to
sections 33.1-24-05-1040 through 33.1-24-05-1059 will be closed in accordance with
section 33.1-24-05-1041.
b. A description of how final closure of the facility will be conducted in accordance with
section 33.1-24-05-1041. The description must identify the maximum extent of the
operations which will be unclosed during the active life of the facility.
c. An estimate of the maximum inventory of hazardous wastes ever onsite during the active
life of the facility and a detailed description of the methods to be used during partial or
final, or both, closure, such as methods for removing, transporting, treating, storing, or
disposing of all hazardous wastes, and identification of the types of offsite hazardous
waste management units to be used, if applicable.
d. A detailed description of the steps needed to remove or decontaminate all hazardous
waste residues and contaminated containment system components, equipment,
structures, and soils during partial or final closure. These might include procedures for
cleaning equipment and removing contaminated soils, methods for sampling and testing
surrounding soils, and criteria for determining the extent of decontamination required to
satisfy the closure performance standard.
e. A detailed description of other activities necessary during the closure period to ensure
that partial or final closure satisfies the closure performance standards.
f. A schedule for closure of each hazardous waste management unit, and for final closure
of the facility. The schedule must include, at a minimum, the total time required to close
each hazardous waste management unit and the time required for intervening closure
activities that allow tracking of progress of partial or final closure.
g. For facilities that use trust funds to establish financial assurance under section
estimate of the expected year of final closure.
3. The owner or operator may submit a written notification to the department for a permit
modification to amend the closure plan at any time prior to the notification of partial or final
closure of the facility, following the applicable procedures in section 33.1-24-07-51.
a. Events leading to a change in the closure plan, and requiring a modification, may include:

(1) A change in the operating plan or facility design;
(2) A change in the expected year of closure, if applicable; or
(3) In conducting partial or final closure activities, an unexpected event requiring a
modification of the approved closure plan.
b. The written notification or request must include a copy of the amended closure plan for
review or approval by the department. The department will approve, disapprove, or
modify this amended plan in accordance with the procedures in sections 33.1-24-07-51
and 33.1-24-06-85.
4. Notification before final closure.
a. The owner or operator must notify the department in writing at least forty-five days before
the date that the owner or operator expects to begin final closure of a treatment or
storage tank, container storage area, or containment building.
b. The date when the owner or operator expects to begin closure must be no later than
thirty days after the date that any hazardous waste management unit receives the known
final volume of hazardous wastes.
c. If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial
decree or final order under North Dakota Century Code section 23.1-04-14, to cease
receiving hazardous wastes or to close, then the requirements of this subsection do not
apply. However, the owner or operator must close the facility following the deadlines
established in section 33.1-24-05-1045.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1043. Public comment on the closure plan.

1. The department will provide the owner or operator and the public, when the draft standardized
permit is public noticed, the opportunity to submit written comments on the plan and to the
draft permit as allowed by section 33.1-24-07-48. The department will also, in response to a
request or at the department's own discretion, hold a public hearing whenever such a hearing
might clarify one or more issues concerning the closure plan, and the permit.
2. The department will give public notice of the hearing thirty days before it occurs. Public notice
of the hearing may be given at the same time as notice of the opportunity for the public to
submit written comments, and the two notices may be combined.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1044. [Reserved].

### § 33.1-24-05-1045. Closure - Time allowed for closure.

1. Within ninety days after the final volume of hazardous waste is sent to a unit, the owner or
operator must treat or remove from the unit all hazardous wastes following the approved
closure plan.

2. The owner or operator must complete final closure activities in accordance with the approved
closure plan within one hundred eighty days after the final volume of hazardous wastes is sent
to the unit. The department may approve an extension of one hundred eighty days to the
closure period if the owner or operator complies with all applicable requirements for requesting
a modification to the permit and demonstrates that:
a. The final closure activities will take longer than one hundred eighty days to complete due
to circumstances beyond the owner's or operator's control, excluding ground water
contamination;
b. The owner or operator has taken and will continue to take all steps to prevent threats to
human health and the environment from the unclosed, but not operating hazardous
waste management unit or facility, including compliance with all applicable permit
requirements; and
c. The demonstration must be made at least thirty days prior to the expiration of the initial
one hundred eighty-day period.
3. Nothing in this section precludes the owner or operator from removing hazardous wastes and
decontaminating or dismantling equipment in accordance with the approved final closure plan
at any time before or after notification of final closure.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1046. Disposal or decontamination of equipment, structures, and soils.

The owner or operator must properly dispose of or decontaminate all contaminated equipment,
structures, and soils during the partial and final closure periods. By removing any hazardous wastes or
hazardous constituents during partial and final closure, the owner or operator may become a generator
of hazardous waste and must handle that waste following all applicable requirements of chapter
33.1-24-03.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1047. Certification of closure.

Within sixty days of the completion of final closure of each unit under sections 33.1-24-06-45
through 33.1-24-06-85, the owner or operator must submit to the department, by registered mail, a
certification that each hazardous waste management unit or facility, as applicable, has been closed
following the specifications in the closure plan. Both the owner or operator and a qualified professional
engineer must sign the certification. Documentation supporting the qualified professional engineer's
certification must be furnished to the department upon request until the department releases the owner
or operator from the financial assurance requirements for closure under subsection 10 of section
33.1-24-05-1063.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1048. [Reserved].

### § 33.1-24-05-1049. [Reserved].


### § 33.1-24-05-1050. [Reserved].

### § 33.1-24-05-1051. [Reserved].

### § 33.1-24-05-1052. [Reserved].

### § 33.1-24-05-1053. [Reserved].

### § 33.1-24-05-1054. [Reserved].

### § 33.1-24-05-1055. [Reserved].

### § 33.1-24-05-1056. [Reserved].

### § 33.1-24-05-1057. [Reserved].

### § 33.1-24-05-1058. [Reserved].

### § 33.1-24-05-1059. [Reserved].

### § 33.1-24-05-1060. Applicability of financial requirements.

1. The requirements of sections 33.1-24-05-1060 through 33.1-24-05-1079 apply to owners and
operators who treat or store hazardous waste under a standardized permit, except as
provided in subsection 2 of section 33.1-24-05-950 or subsection 4.
2. The owner or operator must:
a. Prepare a closure cost estimate as required in section 33.1-24-05-1062;
b. Demonstrate financial assurance for closure as required in section 33.1-24-05-1063; and
c. Demonstrate financial assurance for liability as required in section 33.1-24-05-1067.
3. The owner or operator must notify the department if the owner or operator is named as a
debtor in a bankruptcy proceeding under title 11 (bankruptcy), United States Code (see also
section 33.1-24-05-1068).
4. States and the federal government are exempt from the requirements of sections
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1061. Definitions of terms.

1. "Closure plan" means the plan for closure prepared in accordance with the requirements of
section 33.1-24-05-1042.

2. "Current closure cost estimate" means the most recent of the estimates prepared in
accordance with subsections 1, 2, and 3 of section 33.1-24-05-1062.
3. [Reserved].
4. "Parent corporation" means a corporation which directly owns at least fifty percent of the
voting stock of the corporation which is the facility owner or operator; the latter corporation is
deemed a "subsidiary" of the parent corporation.
5. [Reserved].
6. The following terms are used in the specifications for the financial tests for closure and liability
coverage. The definitions are intended to assist in the understanding of these regulations and
are not intended to limit the meanings of terms in a way that conflicts with generally accepted
accounting practices:
a. "Assets" means all existing and all probable future economic benefits obtained or
controlled by a particular entity.
b. "Current plugging and abandonment cost estimate" means the most recent of the
estimates prepared in accordance with 40 CFR section 144.62(a), (b), and (c).
c. "Independently audited" refers to an audit performed by an independent certified public
accountant in accordance with generally accepted auditing standards.
d. "Liabilities" means probable future sacrifices of economic benefits arising from present
obligations to transfer assets or provide services to other entities in the future as a result
of past transactions or events.
e. "Tangible net worth" means the tangible assets that remain after deducting liabilities;
such assets would not include intangibles such as goodwill and rights to patents or
royalties.
7. In the liability insurance requirements, the terms "bodily injury and property damage" shall
have the meanings given these terms by applicable North Dakota state law. However, these
terms do not include those liabilities which, consistent with standard industry practices, are
excluded from coverage in liability policies for bodily injury and property damage. The
department intends the meanings of other terms used in the liability insurance requirements to
be consistent with their common meanings within the insurance industry. The definitions given
below of several of the terms are intended to assist in the understanding of these regulations
and are not intended to limit their meanings in a way that conflicts with general insurance
industry usage.
a. "Accidental occurrence" means an accident, including continuous or repeated exposure
to conditions, which results in bodily injury or property damage neither expected nor
intended from the standpoint of the insured.
b. "Legal defense costs" means any expenses that an insurer incurs in defending against
claims of third parties brought under the terms and conditions of an insurance policy.
c. "Sudden accidental occurrence" means an occurrence which is not continuous or
repeated in nature.
8. "Substantial business relationship" means the extent of a business relationship necessary
under applicable North Dakota state law to make a guarantee contract issued incident to that
relationship valid and enforceable. A "substantial business relationship" must arise from a
pattern of recent or ongoing business transactions, in addition to the guarantee itself, such

that a currently existing business relationship between the guarantor and the owner or
operator is demonstrated to the satisfaction of the department.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1062. Cost estimates for closure.

1. The owner or operator must have at the facility a detailed written estimate, in current dollars,
of the cost of closing the facility in accordance with the requirements in sections
33.1-24-05-1086, 33.1-24-05-1111, and 33.1-24-05-1138.
a. The estimate must equal the cost of final closure at the point in the facility's active life
when the extent and manner of its operation would make closure the most expensive, as
indicated by the closure plan (see subsection 2 of section 33.1-24-05-1042).
b. The closure cost estimate must be based on the costs to the owner or operator of hiring
a third party to close the facility. 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 33.1-24-05-1061). The owner or operator may use costs for onsite disposal if
the owner or operator can demonstrate that onsite disposal capacity will exist at all times
over the life of the facility.
c. The closure cost estimate may not incorporate any salvage value that may be realized
with the sale of hazardous wastes, or nonhazardous wastes, facility structures or
equipment, land, or other assets associated with the facility at the time of partial or final
closure.
d. The owner or operator may not incorporate a zero cost for hazardous wastes, or
nonhazardous wastes that might have economic value.
2. During the active life of the facility, the owner or operator must adjust the closure cost estimate
for inflation within sixty days prior to the anniversary date of the establishment of the financial
instruments used to comply with section 33.1-24-05-1063. For owners and operators using the
financial test or corporate guarantee, the closure cost estimate must be updated for inflation
within thirty days after the close of the firm's fiscal year and before submission of updated
information to the department as specified in paragraph 3 of subdivision b of subsection 6 of
section 33.1-24-05-1063. The adjustment may be made by recalculating the maximum costs
of closure in current dollars, or by using an inflation factor derived from the most recent implicit
price deflator for gross domestic product published by the United States department of
commerce in its survey of current business, as specified in subdivisions a and b. The inflation
factor is the result of dividing the latest published annual deflator by the deflator for the
previous year.
a. The first adjustment is made by multiplying the closure cost estimate by the inflation
factor. The result is the adjusted closure cost estimate.
b. Subsequent adjustments are made by multiplying the latest adjusted closure cost
estimate by the latest inflation factor.
3. During the active life of the facility, the owner or operator must revise the closure cost estimate
no later than thirty days after the department has approved the request to modify the closure
plan, if the change in the closure plan increases the cost of closure. The revised closure cost
estimate must be adjusted for inflation as specified in subsection 2.

4. The owner or operator must keep the following at the facility during the operating life of the
facility: The latest closure cost estimate prepared in accordance with subsections 1 and 3 and,
when this estimate has been adjusted in accordance with subsection 2, the latest adjusted
closure cost estimate.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1063. Financial assurance for closure.

The owner or operator must establish financial assurance for closure of each storage or treatment
unit that the owner or operator owns or operates. In establishing financial assurance for closure, the
owner or operator must choose from the financial assurance mechanisms in subsections 1 through 7.
The owner or operator can also use a combination of mechanisms for a single facility if the owner or
operator meets the requirements in subsection 8, or may use a single mechanism for multiple facilities
as in subsection 9. The department will release the owner or operator from the requirements of this
section after the owner or operator meets the criteria under subsection 10.
1. Closure trust fund. Owners and operators can use the "closure trust fund" that is specified in
subdivisions a and b of subsection 1 of section 33.1-24-05-77, and subdivisions f, g, h, i, k,
and l of subsection 1 of section 33.1-24-05-77. For purposes of this subsection, the following
provisions also apply:
a. Payments into the trust fund for a new facility must be made annually by the owner or
operator over the remaining operating life of the facility as estimated in the closure plan,
or over three years, whichever period is shorter. This period of time is hereafter referred
to as the "pay-in period".
b. For a new facility, the first payment into the closure trust fund must be made before the
facility may accept the initial storage. A receipt from the trustee must be submitted by the
owner or operator to the department before this initial storage of waste. The first payment
must be at least equal to the current closure cost estimate, divided by the number of
years in the pay-in period, except as provided in subsection 8 for multiple mechanisms.
Subsequent payments must be made no later than thirty days after each anniversary
date of the first payment. The owner or operator determines the amount of each
subsequent payment by subtracting the current value of the trust fund from the current
closure cost estimate, and dividing this difference by the number of years remaining in
the pay-in period. Mathematically, the formula is:
Next payment = (current closure estimate - current value of the trust fund) divided by
years remaining in the pay-in period.
c. The owner or operator of a facility existing on the effective date of this subsection can
establish a trust fund to meet this subsection's financial assurance requirements. If the
value of the trust fund is less than the current closure cost estimate when a final approval
of the permit is granted for the facility, the owner or operator must pay the difference into
the trust fund within sixty days.
d. The owner or operator may accelerate payments into the trust fund or deposit the full
amount of the closure cost estimate when establishing the trust fund. However, the
owner or operator must maintain the value of the fund at no less than the value that the
fund would have if annual payments were made as specified in subdivision b or c.
e. The owner or operator must submit a trust agreement with the wording specified in
subdivision a of subsection 1 of section 33.1-24-05-81.

2. Surety bond guaranteeing payment into a closure trust fund. Owners and operators can use
the "surety bond guaranteeing payment into a closure trust fund", as specified in subsection 2
of section 33.1-24-05-77, including the use of the surety bond instrument specified at
subsection 2 of section 33.1-24-05-81, and the standby trust specified at subdivision c of
subsection 2 of section 33.1-24-05-77.
3. Surety bond guaranteeing performance of closure. Owners and operators can use the "surety
bond guaranteeing performance of closure", as specified in subsection 3 of section
33.1-24-05-77, the submission and use of the surety bond instrument specified at
subsection 3 of section 33.1-24-05-81, and the standby trust specified at subdivision c of
subsection 3 of section 33.1-24-05-77.
4. Closure letter of credit. Owners and operators can use the "closure letter of credit" specified in
subsection 4 of section 33.1-24-05-77, the submission and use of the irrevocable letter of
credit instrument specified in subsection 4 of section 33.1-24-05-81, and the standby trust
specified in subdivision c of subsection 4 of section 33.1-24-05-77.
5. Closure insurance. Owners and operators can use "closure insurance", as specified in
subsection 5 of section 33.1-24-05-77, utilizing the certificate of insurance for closure specified
at subsection 5 of section 33.1-24-05-81.
6. Corporate financial test. An owner or operator that satisfies the requirements of this
subsection may demonstrate financial assurance up to the amount specified in this
subsection:
a. Financial component.
(1) The owner or operator must satisfy one of the following three conditions:
(a) A current rating for its senior unsecured debt of AAA, AA, A, or BBB as issued
by Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's;
(b) A ratio of less than one and five-tenths comparing total liabilities to net worth;
or
(c) A ratio of greater than one-tenth comparing the sum of net income plus
depreciation, depletion and amortization, minus ten million dollars, to total
liabilities.
(2) The tangible net worth of the owner or operator must be greater than:
(a) The sum of the current environmental obligations (see item 1 of subparagraph
a of paragraph 1 of subdivision b), including guarantees, covered by a financial
test plus ten million dollars, except as provided in subparagraph b.
(b) Ten million dollars in tangible net worth plus the amount of any guarantees that
have not been recognized as liabilities on the financial statements provided all
of the environmental obligations (see item 1 of subparagraph a of paragraph 1
of subdivision b) covered by a financial test are recognized as liabilities on the
owner's or operator's audited financial statements, and subject to the approval
of the department.
(3) The owner or operator must have assets located in the United States amounting to
at least the sum of environmental obligations covered by a financial test as
described in item 1 of subparagraph a of paragraph 1 of subdivision b.
b. Recordkeeping and reporting requirements.

(1) The owner or operator must submit the following items to the department:
(a) A letter signed by the owner's or operator's chief financial officer that:
[1] Lists all the applicable current types, amounts, and sums of
environmental obligations covered by a financial test. These obligations
include both obligations in the programs which the environmental
protection agency directly operates and obligations where the
environmental protection agency has delegated authority to the state or
approved the state's program. These obligations include:
[a] Liability, closure, postclosure and corrective action cost estimates
required for hazardous waste treatment, storage, and disposal
facilities under sections 33.1-24-05-58, 33.1-24-05-76,
33.1-24-05-79, and subsection 5 of section 33.1-24-06-16;
[b] Cost estimates required for municipal solid waste management
facilities under sections 33.1-20-14-02, 33.1-20-14-03,
33.1-20-14-04, and 33.1-20-14-05;
[c] Current plugging cost estimates required for underground injection
control facilities under subdivision d of subsection 1 of section
33.1-25-01-06;
[d] Cost estimates required for petroleum underground storage tank
facilities under section 33.1-24-08-83;
[e] Cost estimates required for polychlorinated biphenyl storage facilities
under 40 CFR section 761.65;
[f] Any financial assurance required under, or as part of an action
undertaken under, the Comprehensive Environmental Response,
Compensation, and Liability Act; and
[g] Any other environmental obligations that are assured through a
financial test.
[2] Provides evidence demonstrating that the firm meets the conditions of
either subparagraph a or b or c of paragraph 1 of subdivision a and
paragraphs 2 and 3 of subdivision a.
(b) A copy of the independent certified public accountant's unqualified opinion of
the owner's or operator's financial statements for the latest completed fiscal
year. To be eligible to use the financial test, the owner's or operator's financial
statements must receive an unqualified opinion from the independent certified
public accountant. An adverse opinion, disclaimer of opinion, or other qualified
opinion will be cause for disallowance, with the potential exception for qualified
opinions provided in the next sentence. The department may evaluate qualified
opinions on a case-by-case basis and allow use of the financial test in cases
where the department deems that the matters which form the basis for the
qualification are insufficient to warrant disallowance of the test. If the
department does not allow use of the test, the owner or operator must provide
alternate financial assurance that meets the requirements of this section within
thirty days after the notification of disallowance.
(c) If the chief financial officer's letter providing evidence of financial assurance
includes financial data showing that the owner or operator satisfies

subparagraph b or c of paragraph 1 of subdivision a that are different from data
in the audited financial statements referred to in subparagraph b or any other
audited financial statement or data filed with the securities and exchange
commission, then a special report from the owner's or operator's independent
certified public accountant to the owner or operator is required. The special
report shall be based upon an agreed upon procedures engagement in
accordance with professional auditing standards and shall describe the
procedures performed in comparing the data in the chief financial officer's letter
derived from the independently audited, year-end financial statements for the
latest fiscal year with the amounts in such financial statements, the findings of
that comparison, and the reasons for any differences.
(d) If the chief financial officer's letter provides a demonstration that the firm has
assured for environmental obligations as provided in subparagraph b of
paragraph 2 of subdivision a, then the letter shall include a report from the
independent certified public accountant that verifies that all of the
environmental obligations covered by a financial test have been recognized as
liabilities on the audited financial statements, how these obligations have been
measured and reported, and that the tangible net worth of the firm is at least
ten million dollars plus the amount of any guarantees provided.
(2) The owner or operator of a new facility must submit the items specified in
paragraph 1 to the department at least sixty days before placing waste in the facility.
(3) After the initial submission of items specified in paragraph 1, the owner or operator
must send updated information to the department within ninety days following the
close of the owner or operator's fiscal year. The department may provide up to an
additional forty-five days for an owner or operator who can demonstrate that ninety
days is insufficient time to acquire audited financial statements. The updated
information must consist of all items specified in paragraph 1.
(4) The owner or operator is no longer required to submit the items specified in this
subdivision or comply with the requirements of this subsection when:
(a) The owner or operator substitutes alternate financial assurance as specified in
this section that is not subject to these recordkeeping and reporting
requirements; or
(b) The department releases the owner or operator from the requirements of this
subsection in accordance with subsection 10.
(5) An owner or operator who no longer meets the requirements of subdivision a cannot
use the financial test to demonstrate financial assurance. Instead an owner or
operator who no longer meets the requirements of subdivision a, must:
(a) Send notice to the department of intent to establish alternate financial
assurance as specified in this section. The owner or operator must send this
notice by certified mail within ninety days following the close of the owner's or
operator's fiscal year for which the year-end financial data show that the owner
or operator no longer meets the requirements of this subsection.
(b) Provide alternative financial assurance within one hundred twenty days after
the end of such fiscal year.
(6) The department may, based on a reasonable belief that the owner or operator may
no longer meet the requirements of subdivision a, require at any time the owner or

operator to provide reports of its financial condition in addition to or including current
financial test documentation as specified in subdivision b. If the department finds
that the owner or operator no longer meets the requirements of subdivision a, the
owner or operator must provide alternate financial assurance that meets the
requirements of this section.
7. Corporate guarantee.
a. An owner or operator may meet the requirements of this section by obtaining a written
guarantee. The guarantor must be the direct or higher-tier parent corporation of the
owner or operator, a firm whose parent corporation is also the parent corporation of the
owner or operator, or a firm with a "substantial business relationship" with the owner or
operator. The guarantor must meet the requirements for owners or operators in
subsection 6 and must comply with the terms of the guarantee. The wording of the
guarantee must be identical to the wording in subsection 8 of section 33.1-24-05-81. The
certified copy of the guarantee must accompany the letter from the guarantor's chief
financial officer and accountants' opinions. If the guarantor's parent corporation is also
the parent corporation of the owner or operator, the letter from the guarantor's chief
financial officer must describe the value received in consideration of the guarantee. If the
guarantor is a firm with a "substantial business relationship" with the owner or operator,
this letter must describe this "substantial business relationship" and the value received in
consideration of the guarantee.
b. For a new facility, the guarantee must be effective and the guarantor must submit the
items in subdivision a and the items specified in paragraph 1 of subdivision b of
subsection 6 to the department at least sixty days before the owner or operator places
waste in the facility.
c. The terms of the guarantee must provide that:
(1) If the owner or operator fails to perform closure at a facility covered by the
guarantee, the guarantor will:
(a) Perform, or pay a third party to perform closure (performance guarantee); or
(b) Establish a fully funded trust fund as specified in subsection 1 in the name of
the owner or operator (payment guarantee).
(2) The guarantee will remain in force for as long as the owner or operator must comply
with the applicable financial assurance requirements of this subpart unless the
guarantor sends prior notice of cancellation by certified mail to the owner or
operator and to the department. Cancellation may not occur, however, during the
one hundred twenty days beginning on the date of receipt of the notice of
cancellation by both the owner or operator and the department as evidenced by the
return receipts.
(3) If notice of cancellation is given, the owner or operator must, within ninety days
following receipt of the cancellation notice by the owner or operator and the
department, obtain alternate financial assurance, and submit documentation for that
alternate financial assurance to the department. If the owner or operator fails to
provide alternate financial assurance and obtain the written approval of such
alternative assurance from the department within the ninety-day period, the
guarantor must provide that alternate assurance in the name of the owner or
operator and submit the necessary documentation for the alternative assurance to
the department within one hundred twenty days of the cancellation notice.

d. If a corporate guarantor no longer meets the requirements of subdivision a of
subsection 6, the owner or operator must, within ninety days, obtain alternative
assurance, and submit the assurance to the department for approval. If the owner or
operator fails to provide alternate financial assurance within the ninety-day period, the
guarantor must provide that alternate assurance within the next thirty days, and submit it
to the department for approval.
e. The guarantor is no longer required to meet the requirements of this subsection when:
(1) The owner or operator substitutes alternate financial assurance as specified in this
section; or
(2) The owner or operator is released from the requirements of this subsection in
accordance with subsection 10.
8. Use of multiple financial mechanisms. An owner or operator may use more than one
mechanism at a particular facility to satisfy the requirements of this section. The acceptable
mechanisms are trust funds, surety bonds guaranteeing payment into a trust fund, letters of
credit, insurance, the financial test, and the guarantee, except owners or operators cannot
combine the financial test with the guarantee. The mechanisms must be as specified in
subsections 1, 2, 4, 5, 6, and 7, respectively, except it is the combination of mechanisms
rather than a single mechanism that must provide assurance for an amount at least equal to
the cost estimate. If an owner or operator uses a trust fund in combination with a surety bond
or letter of credit, the owner or operator may use the trust fund as the standby trust for the
other mechanisms. A single trust fund can be established for two or more mechanisms. The
department may use any or all of the mechanisms to provide for closure of the facility.
9. Use of a financial mechanism for multiple facilities. An owner or operator may use a financial
mechanism for multiple facilities, as specified in subsection 8 of section 33.1-24-05-77.
10. Release of the owner or operator from the requirements of this section. Within sixty days after
receiving certifications from the owner or operator and a qualified professional engineer that
final closure has been completed in accordance with the approved closure plan, the
department will notify the owner or operator in writing that the owner or operator is no longer
required by this section to maintain financial assurance for final closure of the facility, unless
the department has reason to believe that final closure has not been completed in accordance
with the approved closure plan. The department shall provide the owner or operator with a
detailed written statement of any such reasons to believe that closure has not been conducted
in accordance with the approved closure plan.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1064. [Reserved].

### § 33.1-24-05-1065. [Reserved].

### § 33.1-24-05-1066. [Reserved].

### § 33.1-24-05-1067. Liability requirements.

1. Coverage for sudden accidental occurrences. An owner or operator of a hazardous waste
treatment or storage facility, or a group of such facilities, must 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 must 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 subdivisions a through g:
a. Trust fund for liability coverage. An owner or operator may meet the requirements of this
section by obtaining a trust fund for liability coverage as specified in subsection 10 of
section 33.1-24-05-79.
b. Surety bond for liability coverage. An owner or operator may meet the requirements of
this section by obtaining a surety bond for liability coverage as specified in subsection 9
of section 33.1-24-05-79.
c. Letter of credit for liability coverage. An owner or operator may meet the requirements of
this section by obtaining a letter of credit for liability coverage as specified in subsection 8
of section 33.1-24-05-79.
d. Insurance for liability coverage. An owner or operator may meet the requirements of this
section by obtaining liability insurance as specified in subdivision a of subsection 1 of
section 33.1-24-05-79.
e. Financial test for liability coverage. An owner or operator may meet the requirements of
this section by passing a financial test as specified in subsection 6.
f. Guarantee for liability coverage. An owner or operator may meet the requirements of this
section by obtaining a guarantee as specified in subsection 7.
g. Combination of mechanisms. An owner or operator may demonstrate the required liability
coverage through the use of combinations of mechanisms as allowed by subdivision f of
subsection 1 of section 33.1-24-05-79.
h. An owner or operator shall notify the department in writing within thirty days whenever:
(1) A claim results in a reduction in the amount of financial assurance for liability
coverage provided by a financial instrument authorized in subdivisions a through g;
(2) A certification of valid claim for bodily injury or property damages caused by a
sudden accidental occurrence arising from the operation of a hazardous waste
treatment, storage, or disposal facility is entered between the owner or operator and
third-party claimant for liability coverage under subdivisions a through g; or
(3) A final court order establishing a judgment for bodily injury or property damage
caused by a sudden accidental occurrence arising from the operation of a
hazardous waste treatment, storage, or disposal facility is issued against the owner
or operator or an instrument that is providing financial assurance for liability
coverage under subdivisions a through g.
2. [Reserved].
3. [Reserved].
4. [Reserved].
5. Period of coverage. Within sixty days after receiving certifications from the owner or operator
and a qualified professional engineer that final closure has been completed in accordance

with the approved closure plan, the department will notify the owner or operator in writing that
the owner or operator is no longer required by this section to maintain liability coverage from
that facility, unless the department has reason to believe that closure has not been in
accordance with the approved closure plan.
6. Financial test for liability coverage. An owner or operator that satisfies the requirements of this
subsection may demonstrate financial assurance for liability up to the amount specified in this
subsection:
a. Financial component.
(1) If using the financial test for only liability coverage, the owner or operator must have
tangible net worth greater than the sum of the liability coverage to be demonstrated
by this test plus ten million dollars.
(2) The owner or operator must have assets located in the United States amounting to
at least the amount of liability covered by this financial test.
(3) An owner or operator who is demonstrating coverage for liability and any other
environmental obligations, including closure under subsection 6 of section
33.1-24-05-1063, through a financial test must meet the requirements of
subsection 6 of section 33.1-24-05-1063.
b. Recordkeeping and reporting requirements.
(1) The owner or operator must submit the following items to the department:
(a) A letter signed by the owner's or operator's chief financial officer that provides
evidence demonstrating that the firm meets the conditions of paragraphs 1 and
2 of subdivision a. If the firm is providing only liability coverage through a
financial test for a facility or facilities with a permit under sections
subsection 2 of section 33.1-24-05-1071. If the firm is providing only liability
coverage through a financial test for facilities regulated under sections
through 33.1-24-05-190, 33.1-24-05-300 through 33.1-24-05-524,
the letter in subsection 7 of section 33.1-24-05-81. If the firm is providing
liability coverage through a financial test for a facility or facilities with a permit
under sections 33.1-24-05-950 through 33.1-24-05-1149, and the firm assures
closure costs or any other environmental obligations through a financial test,
the firm must use the letter in subsection 1 of section 33.1-24-05-1071 for the
facilities issued a permit under sections 33.1-24-05-950 through
33.1-24-05-1149.
(b) A copy of the independent certified public accountant's unqualified opinion of
the owner's or operator's financial statements for the latest completed fiscal
year. To be eligible to use the financial test, the owner's or operator's financial
statements must receive an unqualified opinion from the independent certified
public accountant. An adverse opinion, disclaimer of opinion, or other qualified
opinion will be cause for disallowance, with the potential exception for qualified
opinions provided in the next sentence. The department may evaluate qualified
opinions on a case-by-case basis and allow use of the financial test in cases
where the department deems that the matters which form the basis for the
qualification are insufficient to warrant disallowance of the test. If the

department does not allow use of the test, the owner or operator must provide
alternate financial assurance that meets the requirements of this section within
thirty days after the notification of disallowance.
(c) If the chief financial officer's letter providing evidence of financial assurance
includes financial data showing that the owner or operator satisfies paragraphs
1 and 2 of subdivision a that are different from data in the audited financial
statements referred to in subparagraph b or any other audited financial
statement or data filed with the securities and exchange commission, then a
special report from the owner's or operator's independent certified public
accountant to the owner or operator is required. The special report shall be
based upon an agreed upon procedures engagement in accordance with
professional auditing standards and shall describe the procedures performed
in comparing the data in the chief financial officer's letter derived from the
independently audited, year-end financial statements for the latest fiscal year
with the amounts in such financial statements, the findings of that comparison,
and the reasons for any differences.
(2) The owner or operator of a new facility must submit the items specified in paragraph
1 to the department at least sixty days before placing waste in the facility.
(3) After the initial submission of items specified in paragraph 1, the owner or operator
must send updated information to the department within ninety days following the
close of the owner's or operator's fiscal year. The department may provide up to an
additional forty-five days for an owner or operator who can demonstrate that ninety
days is insufficient time to acquire audited financial statements. The updated
information must consist of all items specified in paragraph 1.
(4) The owner or operator is no longer required to submit the items specified in this
subdivision or comply with the requirements of this subsection when:
(a) The owner or operator substitutes alternate financial assurance as specified in
this section that is not subject to these recordkeeping and reporting
requirements; or
(b) The department releases the owner or operator from the requirements of this
subsection in accordance with subsection 5.
(5) An owner or operator who no longer meets the requirements of subdivision a cannot
use the financial test to demonstrate financial assurance. An owner's or operator
who no longer meets the requirements of subdivision a, must:
(a) Send notice to the department of intent to establish alternate financial
assurance as specified in this section. The owner or operator must send this
notice by certified mail within ninety days following the close of the owner or
operator's fiscal year for which the year-end financial data show that the owner
or operator no longer meets the requirements of this subsection.
(b) Provide alternative financial assurance within one hundred twenty days after
the end of such fiscal year.
(6) The department may, based on a reasonable belief that the owner or operator may
no longer meet the requirements of subdivision a, require at any time the owner or
operator to provide reports of its financial condition in addition to or including current
financial test documentation as specified in subdivision b. If the department finds
that the owner or operator no longer meets the requirements of subdivision a, the

owner or operator must provide alternate financial assurance that meets the
requirements of this section.
7. Guarantee for liability coverage.
a. Subject to subdivision b, an owner or operator may meet the requirements of this section
by obtaining a written guarantee, hereinafter referred to as "guarantee". The guarantor
must be the direct or higher-tier parent corporation of the owner or operator, a firm whose
parent corporation is also the parent corporation of the owner or operator, or a firm with a
"substantial business relationship" with the owner or operator. The guarantor must meet
the requirements for owners or operators in subdivisions a and b of subsection 6. The
wording of the guarantee must be identical to the wording specified in subdivision b of
subsection 8 of section 33.1-24-05-81. A certified copy of the guarantee must accompany
the items sent to the department as specified in subdivision b of subsection 6. One of
these items must be the letter from the guarantor's chief financial officer. If the
guarantor's parent corporation is also the parent corporation of the owner or operator,
this letter must describe the value received in consideration of the guarantee. If the
guarantor is a firm with a "substantial business relationship" with the owner or operator,
this letter must describe this "substantial business relationship" and the value received in
consideration of the guarantee.
(1) If the owner or operator fails to satisfy a judgment based on a determination of
liability for bodily injury or property damage to third parties caused by sudden
accidental occurrences arising from the operation of facilities covered by this
corporate guarantee, or fails to pay an amount agreed to in settlement of claims
arising from or alleged to arise from such injury or damage, the guarantor will do so
up to the limits of coverage.
(2) [Reserved].
b. The following applies:
(1) In the case of corporations incorporated in the United States, a guarantee may be
used to satisfy the requirements of this section only if the attorneys general or
insurance commissioners of the state in which the guarantor is incorporated, and
each state in which a facility covered by the guarantee is located, have submitted a
written statement to the department that a guarantee executed as described in this
section and subdivision b of subsection 8 of section 33.1-24-05-81 is a legally valid
and enforceable obligation in that state.
(2) In the case of corporations incorporated outside the United States, a guarantee may
be used to satisfy the requirements of this section only if:
(a) The non-United States corporation has identified a registered agent for service
of process in each state in which a facility covered by the guarantee is located
and in the state in which it has its principal place of business; and
(b) The attorney general or insurance commissioner of each state in which a
facility covered by the guarantee is located and the state in which the
guarantor corporation has its principal place of business, has submitted a
written statement to the department that a guarantee executed as described in
this section and subdivision b of subsection 8 of section 33.1-24-05-81 is a
legally valid and enforceable obligation in that state.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1068. Incapacity of owners or operators, guarantors, or financial institutions.

1. An owner or operator must notify the department by certified mail of the commencement of a
voluntary or involuntary proceeding under title 11 (bankruptcy), United States Code, 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 7 of section 33.1-24-05-1063
and subsection 7 of section 33.1-24-05-1067 must make such a notification if the owner or
operator is named as debtor, as required under the terms of the corporate guarantee
(subsection 8 of section 33.1-24-05-81).
2. An owner or operator who fulfills the requirements of section 33.1-24-05-1063 or section
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 must establish
other financial assurance or liability coverage within sixty days after such an event.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1069. [Reserved].

### § 33.1-24-05-1070. [Reserved].

### § 33.1-24-05-1071. Wording of the instruments.

1. The chief financial officer of an owner or operator of a facility with a standardized permit who
uses a financial test to demonstrate financial assurance for that facility must complete a letter
as specified in subsection 6 of section 33.1-24-05-1063. The letter must be worded as follows,
except that instructions in brackets are to be replaced with the relevant information and the
brackets deleted:
I am the chief financial officer of [name and address of firm]. This letter is in support of this
firm's use of the financial test to demonstrate financial assurance for closure costs, as
specified in sections 33.1-24-05-1060 through 33.1-24-05-1079. This firm qualifies for the
financial test on the basis of having [insert "a current rating for its senior unsecured debt of
AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued by
Moody's" or "a ratio of less than 1.50 comparing total liabilities to net worth" or "a ratio of
greater than 0.10 comparing the sum of net income plus depreciation, depletion and
amortization, minus ten million dollars, to total liabilities"].
This firm [insert "is required" or "is not required"] to file a Form 10K with the Securities and
Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked
with an asterisk are derived from this firm's independently audited, year-end financial
statements for the latest completed fiscal year, ended [date].
[If this firm qualifies on the basis of its bond rating fill in the requested information: "This firm
has a rating of its senior unsecured debt of" [insert the bond rating] "from" [insert "Standard
and Poor's" or "Moody's"]].

[Complete Line 1. Total Liabilities below and then skip the remaining questions in the next
section and resume completing the form at the section entitled Obligations Covered by a
Financial Test or Corporate Guarantee.]
[If this firm qualifies for the financial test on the basis of its ratio of liabilities to net worth, or
sum of income, depreciation, depletion, and amortization to net worth, please complete the
following section.]
*1. Total Liabilities $
*2. Net Worth $
*3. Net Income $
*4. Depreciation $
*5. Depletion (if applicable) $
*6. Amortization $
*7. Sum of Lines 3, 4, 5, and 6 $
[If the above figures are taken directly from the most recent audited financial statements for
this firm insert "The above figures are taken directly from the most recent audited financial
statements for this firm". If they are not, insert "The following items are not taken directly from
the firm's most recent audited financial statements" [insert the numbers of the items and
attach an explanation of how they were derived]].
[Complete the following calculations]
8. Line 1. ÷ Line 2. = $
9. Line 7. ÷ Line 1. = $
Is Line 8. less than 1.5? Yes No
Is Line 9. greater than 0.10? Yes No
[If the owner or operator did not answer Yes to either of these two questions, the owner or
operator cannot use the financial test and need not complete this letter. Instead, the owner or
operator must notify the department that the owner or operator intends to establish alternate
financial assurance as specified in section 33.1-24-05-1063. The owner or operator must send
this notice by certified mail within ninety days following the close of the owner's or operator's
fiscal year for which the year-end financial data show that the owner or operator no longer
meets the requirements of this section. The owner or operator must also provide alternative
financial assurance within one hundred twenty days after the end of such fiscal year].
Obligations Covered by a Financial Test or Corporate Guarantee
[On the following lines list all obligations that are covered by a financial test or a corporate
guarantee extended by the owner's or operator's firm. The owner or operator may add
additional lines and leave blank entries that do not apply to the owner's or operator's situation.]
Hazardous Waste Facility Post - Corrective
Name and ID State Closure Closure Action
$ $ $
$ $ $

Hazardous Waste Third Party
Liability $
Post - Corrective
Municipal Waste Facilities State Closure Closure Action
$ $ $
$ $ $
Plugging
Underground Injection Control State Action
$
Petroleum Underground Storage
Tanks $
PCB Storage Facility Name and State Closure
$
Any financial assurance required under, or as part of an action undertaken under, the Comprehensive
Environmental Response, Compensation, and Liability Act:
Site Name State Amount
$
Any other environmental obligations that are assured through a financial test:
Name Amount
$
*10. Total of all amounts $
*11. Line 10. + $10,000,000 = $
*12. Total Assets $
*13. Intangible Assets $
*14. Tangible Assets (Line 12. - Line 13.) $
*15. Tangible Net Worth (Line 14. - Line 1.) $
*16. Assets in the United States $
Is Line 15. greater than Line 11? Yes No
Is Line 16. no less than Line 10? Yes No
[The owner or operator must be able to answer Yes to both these questions to use the
financial test for this facility.]
I hereby certify that the wording of this letter is identical to the wording specified in section

[Signature]
[Name]
[Title]
[Date]
[After completion, a signed copy of the form must be sent to the department. In addition, a
signed copy must be sent to every authority who requires a demonstration through a financial
test for each of the other obligations in the letter that are assured through a financial test, or
accepts a guarantee for an obligation listed in this letter.]
2. The chief financial officer of an owner or operator of a facility with a standardized permit who
use a financial test to demonstrate financial assurance only for third party liability for that (or
other standardized permit) facility or facilities must complete a letter as specified in subsection
6 of section 33.1-24-05-1067. The letter must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the brackets deleted:
I am the chief financial officer of [name and address of firm]. This letter is in support of this
firm's use of the financial test to demonstrate financial assurance for third party liability, as
specified in sections 33.1-24-05-1060 through 33.1-24-05-1079. This firm qualifies for the
financial test on the basis of having tangible net worth of at least ten million dollars more than
the amount of liability coverage and assets in the United States of at least the amount of
liability coverage.
This firm [insert "is required" or "is not required"] to file a Form 10K with the Securities and
Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked
with an asterisk are derived from this firm's independently audited, year-end financial
statements for the latest completed fiscal year, ended [date].
[Please complete the following section.]
*1. Total Assets $
*2. Intangible Assets $
*3. Tangible Assets (Line 1. - Line 2.) $
*4. Total Liabilities $
5. Tangible Net Worth (Line 3. - Line 4.) $
*6. Assets in the United States $
7. Amount of liability coverage $
Is Line 5. at least $10 million greater than Yes No
Line 7?
Is Line 6. at least equal to Line 7? Yes No
[The owner or operator must be able to answer Yes to both these questions to use the
financial test for this facility.]
I hereby certify that the wording of this letter is identical to the wording specified in section
[Signature]

[Name]
[Title]
[Date]
[After completion, a signed copy of the form must be sent to the department.]
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1072. [Reserved].

### § 33.1-24-05-1073. [Reserved].

### § 33.1-24-05-1074. [Reserved].

### § 33.1-24-05-1075. [Reserved].

### § 33.1-24-05-1076. [Reserved].

### § 33.1-24-05-1077. [Reserved].

### § 33.1-24-05-1078. [Reserved].

### § 33.1-24-05-1079. [Reserved].

### § 33.1-24-05-1080. Applicability of requirements for use and management of containers.

Sections 33.1-24-05-1080 through 33.1-24-05-1099 applies to owners or operators of facilities that
treat or store hazardous waste in containers under sections 33.1-24-06-45 through 33.1-24-06-85,
except as provided in subsection 2 of section 33.1-24-05-950.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1081. Container standards.

Standards apply to the condition of the containers, to the compatibility of waste with the containers,
and to the management of the containers.
1. Condition of containers. If a container holding hazardous waste is not in good condition (for
example, it exhibits severe rusting or apparent structural defects) or if it begins to leak, the
owner or operator must either:
a. Transfer the hazardous waste from this container to a container that is in good condition;
or
b. Manage the waste in some other way that complies with the requirements of sections

2. Compatibility of waste with containers. To ensure that the ability of the container to contain the
waste is not impaired, the owner or operator must use a container made of or lined with
materials that are compatible and will not react with the hazardous waste to be stored.
3. Management of containers.
a. The owner or operator must always keep a container holding hazardous waste closed
during storage, except when it is necessary to add or remove waste.
b. The owner or operator must never open, handle, or store a container holding hazardous
waste in a manner that may rupture the container or cause it to leak.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1082. Inspections.

At least weekly, the owner or operator must inspect areas where containers are stored, looking for
leaking containers and for deterioration of containers and the containment system caused by corrosion
or other factors.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1083. Containment.

1. Container storage areas must have a containment system that is designed and operated in
accordance with subsection 2, except as provided otherwise in subsection 3.
2. The containment system must be designed and operated as follows:
a. A base must underlie the containers that 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. This
requirement does not apply to containers that do not contain free liquids.
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 the
liquid.
e. Spilled or leaked waste and accumulated precipitation must be removed from the sump
or collection area as promptly as is necessary to prevent overflow of the collection
system.
3. Storage areas that store containers holding only wastes with no free liquids need not have a
containment system as defined in subsection 2, except as provided by subsection 4, if:

a. The storage area is sloped or is otherwise designed and operated to drain and remove
liquid resulting from precipitation; or
b. The containers are elevated or are otherwise protected from contact with accumulated
liquid.
4. Storage areas that store containers holding F020, F021, F022, F023, F026, and F027 wastes
that do not contain free liquids must have a containment system as defined by subsection 2.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1084. Special requirements for ignitable or reactive wastes.

Containers holding ignitable or reactive waste must be located at least fifteen meters [50 feet] from
the facility's property line. The owner or operator must also follow the general requirements for ignitable
or reactive wastes that are specified in subsection 1 of section 33.1-24-05-967.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1085. Special requirements for incompatible wastes.

1. Incompatible wastes, or incompatible wastes and materials (see appendix III to chapter
section 33.1-24-05-967 is complied with.
2. Hazardous waste must not be placed in an unwashed container that previously held an
incompatible waste or material.
3. A storage container holding a hazardous waste that is incompatible with any waste or with
other materials stored nearby in other containers, piles, open tanks, or surface impoundments
must be separated from the other materials or protected from them by means of a dike, berm,
wall, or other device.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1086. Closure.

At closure, all hazardous waste and hazardous waste residues must be removed from the
containment system. Remaining containers, liners, bases, and soil containing or contaminated with
hazardous waste or hazardous waste residues must be decontaminated or removed.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1087. Air emission standards.

The owner or operator shall manage all hazardous waste placed in a container in accordance with
the requirements of sections 33.1-24-05-400 through 33.1-24-05-474. Under a standardized permit, the
following control devices are permissible: thermal vapor incinerator, catalytic vapor incinerator, flame,
boiler, process heater, condenser, and carbon absorption unit.

History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1088. [Reserved].

### § 33.1-24-05-1089. [Reserved].

### § 33.1-24-05-1090. [Reserved].

### § 33.1-24-05-1091. [Reserved].

### § 33.1-24-05-1092. [Reserved].

### § 33.1-24-05-1093. [Reserved].

### § 33.1-24-05-1094. [Reserved].

### § 33.1-24-05-1095. [Reserved].

### § 33.1-24-05-1096. [Reserved].

### § 33.1-24-05-1097. [Reserved].

### § 33.1-24-05-1098. [Reserved].

### § 33.1-24-05-1099. [Reserved].

### § 33.1-24-05-1100. Applicability of tank requirements.

The requirements of sections 33.1-24-05-1100 through 33.1-24-05-1129 applies to owners or
operators of facilities that treat or store hazardous waste in above ground or on ground tanks under
sections 33.1-24-06-45 through 33.1-24-06-85, standardized permit, except as provided in subsection 2
of section 33.1-24-05-950.
1. Tank systems which contains no free liquids and are situated inside a building with an
impermeable floor are exempted from the requirements in section 33.1-24-05-1105. To
demonstrate the absence or presence of free liquids in the stored or treated waste, the
following test must be used: method 9095B (paint filter liquids test) as described in "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods," environmental protection
agency publication SW-846, as incorporated by reference in section 33.1-24-01-05.
2. Tank systems, including sumps, as defined in section 33.1-24-01-04, that serve as part of a
secondary containment system to collect or contain releases of hazardous wastes are
exempted from the requirements of subsection 1 of section 33.1-24-05-1105.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1101. Design and construction standards for new tank systems or components.

Owners or operators must ensure that the foundation, structural support, seams, connections, and
pressure controls (if applicable) are adequately designed and that the tank system has sufficient
structural strength, compatibility with the wastes to be stored or treated, and corrosion protection to
ensure that it will not collapse, rupture, or fail. The owner or operator must obtain a written assessment,
reviewed and certified by a qualified professional engineer, in accordance with subsection 4 of section
33.1-24-06-03, attesting that the tank system has sufficient structural integrity and is acceptable for the
storing and treating of hazardous waste. This assessment must include, at a minimum, the following
information:
1. Design standards for the construction of tanks or the ancillary equipment, or both.
2. Hazardous characteristics of the wastes to be handled.
3. For new tank systems or components in which the external shell of a metal tank or any
external metal component of the tank system will be in contact with the soil or with water, a
determination by a corrosion expert of:
a. Factors affecting the potential for corrosion, such as:
(1) Soil moisture content.
(2) Soil pH.
(3) Soil sulfides level.
(4) Soil resistivity.
(5) Structure to soil potential.
(6) Existence of stray electric current.
(7) Existing corrosion protection measures (for example, coating, cathodic protection).
b. The type and degree of external corrosion protection needed to ensure the integrity of
the tank system during the use of the tank system or component, consisting of one or
more of the following:
(1) Corrosion resistant materials of construction such as special alloys, fiberglass
reinforced plastic;
(2) Corrosion resistant coating (such as epoxy, fiberglass) with cathodic protection (for
example, impressed current or sacrificial anodes); and
(3) Electrical isolation devices such as insulating joints, flanges.
4. Design considerations to ensure that:
a. Tank foundations will maintain the load of a full tank.
b. Tank systems will withstand the effects of frost heave.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19

### § 33.1-24-05-1102. Handling and inspection procedures during installation of a new tank

system.
1. The owner or operator shall ensure that proper handling procedures are followed to prevent
damage to a new tank system during installation. Before placing a new tank system or
component in use an independent, qualified installation inspector or a qualified professional
engineer, either of whom is trained and experienced in the proper installation of tank systems
or components, must inspect the system for the presence of any of the following items:
a. Weld breaks.
b. Punctures.
c. Scrapes of protective coatings.
d. Cracks.
e. Corrosion.
f. Other structural damage or inadequate construction or installation.
2. The owner or operator must remedy all discrepancies before the tank system is placed in use.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1103. Testing.

All new tanks and ancillary equipment must be tested for tightness before being placed into use. If
a tank system is found not to be tight, all repairs necessary to remedy the leaks in the system must be
performed prior to covering, enclosing, or placing the tank system into use.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1104. Installation requirements.

1. The owner or operator must support and protect ancillary equipment against physical damage
and excessive stress due to settlement, vibration, expansion, or contraction.
2. The owner or operator must provide the type and degree of corrosion protection
recommended by an independent corrosion expert, based on the information provided under
subsection 3 of section 33.1-24-05-1101, to ensure the integrity of the tank system during use
of the tank system. An independent corrosion expert must supervise the installation of a
corrosion protection system that is field fabricated to ensure proper installation.
3. The owner or operator must obtain, and keep at the facility, written statements by those
persons required to certify the design of the tank system and to supervise the installation of
the tank system as required in sections 33.1-24-05-1102, 33.1-24-05-1103, and subsections 1
and 2. The written statement must attest that the tank system was properly designed and
installed and that the owner or operator made repairs under sections 33.1-24-05-1102 and
### § 33.1-24-05-1103. These written statements must also include the certification statement as

required in subsection 4 of section 33.1-24-06-03.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1105. Secondary containment requirements.

To prevent the release of hazardous waste or hazardous constituents to the environment, the
owner or operator must provide secondary containment that meets the requirements of this section for
all new and existing tank systems.
1. Secondary containment systems must be:
a. Designed, installed, and operated to prevent any migration of wastes 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.
2. To meet the requirements of subsection 1, secondary containment systems must be, at a
minimum:
a. Constructed of or lined with materials that are compatible with the wastes to be placed in
the tank system and must have sufficient strength and thickness to prevent failure owing
to pressure gradients (including static head and external hydrological forces), physical
contact with the waste to which it is exposed, climatic conditions, and the stress of daily
operation (including stresses from nearby vehicular traffic).
b. Placed on a foundation or base capable of providing support to the secondary
containment system, resistance to pressure gradients above and below the system, and
capable of preventing failure due to settlement, compression, or uplift.
c. Provided with a leak detection system that is designed and operated so that it will detect
the failure of either the primary or secondary containment structure or the presence of
any release of hazardous waste or accumulated liquid in the secondary containment
system within twenty-four hours.
d. Sloped or otherwise designed or operated to drain and remove liquids resulting from
leaks, spills, or precipitation. Spilled or leaked waste and accumulated precipitation must
be removed from the secondary containment system within twenty-four hours, or as
promptly as possible, to prevent harm to human health and the environment.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1106. Secondary containment devices.

1. Secondary containment for tanks must include one or more of the following:
a. A liner (external to the tank).
b. A double-walled tank.
c. An equivalent device (documentation of equivalency must be maintained at the facility).
2. External liner systems must be:
a. Designed or operated to contain one hundred percent of the capacity of the largest tank
within its boundary.

b. Designed or operated to prevent run-on or infiltration of precipitation into the secondary
containment system unless the collection system has sufficient excess capacity to
contain run-on or infiltration. The additional capacity must be sufficient to contain
precipitation from a twenty-five-year, twenty-four-hour rainfall event.
c. Free of cracks or gaps.
d. Designed and installed to surround the tank completely and to cover all surrounding
earth likely to come into contact with the waste if the waste is released from the tanks
(capable of preventing lateral as well as vertical migration of the waste).
3. Double-walled tanks must be:
a. Designed as an integral structure (an inner tank completely enveloped within an outer
shell) so that any release from the inner tank is contained by the outer shell.
b. Protected, if constructed of metal, from both corrosion of the primary tank interior and of
the external surface of the outer shell.
c. Provided with a built-in continuous leak detection system capable of detecting a release
within twenty-four hours.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1107. Requirements for ancillary equipment.

An owner or operator must provide ancillary equipment with secondary containment (for example,
trench, jacketing, double-walled piping) that meets the requirements of subsections 1 and 2 of section
33.1-24-05-1105, except for:
1. Aboveground piping (exclusive of flanges, joints, valves, and other connections) that are
visually inspected for leaks on a daily basis;
2. Welded flanges, welded joints, and welded connections, that are visually inspected for leaks
on a daily basis;
3. Sealless or magnetic coupling pumps and sealless valves, that are visually inspected for leaks
on a daily basis; and
4. Pressurized aboveground piping systems with automatic shutoff devices (for example, excess
flow check valves, flow metering shutdown devices, loss of pressure actuated shutoff devices)
that are visually inspected for leaks on a daily basis.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1108. General operating requirements.

1. Hazardous wastes 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 owner or operator 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).
c. Sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or
by precipitation.
3. The owner or operator must comply with the requirements of section 33.1-24-05-1110 if a leak
or spill occurs in the tank system.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1109. Inspections.

1. The owner or operator shall develop and follow a schedule and procedure for inspecting
overfill controls.
2. The owner or operator shall inspect at least once each operating day:
a. Aboveground portions of the tank system to detect corrosion or releases of waste.
b. Data gathered from monitoring and leak detection equipment (for example, pressure or
temperature gauges, monitoring wells) to ensure that the tank system is being operated
according to its design.
c. The construction materials and the area immediately surrounding the externally
accessible portion of the tank system, including the secondary containment system (for
example, dikes) to detect erosion or signs of releases of hazardous waste (for example,
wet spots, dead vegetation).
3. The owner or operator must inspect cathodic protection systems, if present, according to, at a
minimum, the following schedule to ensure that they are functioning properly:
a. Confirm that the cathodic protection system is operating properly within six months after
initial installation and annually thereafter.
b. Inspect or test, or both, all sources of impressed current, as appropriate, at least every
other month.
4. The owner or operator shall document, in the operating record of the facility, an inspection of
those items in subsections 1 through 3.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1110. Response to leaks or spills.

A tank system or secondary containment system from which there has been a leak or spill, or if
either system is unfit for use, the owner or operator must remove the system from service immediately,
and must satisfy the following requirements:
1. Immediately stop the flow of hazardous waste into the tank system or secondary containment
system and inspect the system to determine the cause of the release.

2. Remove the waste from the tank system or secondary containment system.
a. If the release was from the tank system, the owner or operator must, within twenty-four
hours after detecting the leak, remove as much of the waste as is necessary to prevent
further release of hazardous waste 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 as quickly as possible to prevent harm to
human health and the environment.
3. Immediately conduct a visual inspection of the release and, based upon that inspection:
a. Prevent further migration of the leak or spill to soils or surface water.
b. Remove, and properly dispose of, any visible contamination of the soil or surface water.
4. Report any release to the environment, except as provided in subdivision a, to the department
within twenty-four hours of its detection. The release should also be reported pursuant to
40 CFR part 302.
a. A leak or spill of hazardous waste is exempted from this subsection if it is:
(1) Less than or equal to a quantity of one pound; and
(2) Immediately contained and cleaned up.
b. Within thirty days of detection of a release to the environment, a report containing the
following information must be submitted to the department:
(1) Likely route of migration of the release.
(2) Characteristics of the surrounding soil (soil composition, geology, hydrogeology,
climate).
(3) Results of any monitoring or sampling conducted in connection with the release (if
available). If sampling or monitoring data relating to the release are not available
within thirty days, these data must be submitted to the department as soon as they
become available.
(4) Proximity to downgradient drinking water, surface water, and populated areas.
(5) Description of response actions taken or planned.
5. Either close the system or make necessary repairs.
a. Unless the owner or operator satisfies the requirements of subdivisions b and c, the tank
system must be closed according to section 33.1-24-05-1111.
b. If the cause of the release was a spill that has not damaged the integrity of the system,
the owner or operator may return the system to service as soon as the released waste is
removed and any necessary repairs are made.
c. If the cause of the release was a leak from the primary tank system into the secondary
containment system, the system must be repaired before returning the tank system to
service.
6. If the owner or operator has made extensive repairs to a tank system in accordance with
subsection 5 (for example, installation of an internal liner, repair of a ruptured primary

containment or secondary containment vessel), the tank system may not be returned to
service unless the owner or operator has obtained a certification by a qualified professional
engineer in accordance with subsection 4 of section 33.1-24-06-03.
a. The engineer must certify that the repaired system is capable of handling hazardous
wastes without release for the intended life of the system.
b. This certification must be submitted to the department within seven days after returning
the tank system to use.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1111. Closure.

At closure of a tank system, the owner or operator must remove or decontaminate all waste
residues, contaminated containment system components (liners), contaminated soils, and structures
and equipment contaminated with waste, and manage them as hazardous waste, unless subsection 4
of section 33.1-24-02-03 applies. The closure plan, closure activities, cost estimates for closure, and
financial responsibility for tank systems must meet all of the requirements specified in sections
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1112. Special requirements for ignitable or reactive wastes.

1. Ignitable or reactive wastes may not be placed in tank systems, unless:
a. The waste is treated, rendered, or mixed before or immediately after placement in the
tank system so that:
(1) Subsection 2 of section 33.1-24-05-967 is complied with; and
(2) The resulting waste, mixture, or dissolved material no longer meets the definition of
ignitable or reactive waste under section 33.1-24-02-11 or 33.1-24-02-13; or
b. The waste is stored or treated in such a way that it is protected from any material or
conditions that may cause the waste to ignite or react; or
c. The tank system is used solely for emergencies.
2. The owner or operator of the facility where ignitable or reactive waste is stored or treated in a
tank, must comply with the requirements for the maintenance of protective distances between
the waste 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.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19

### § 33.1-24-05-1113. Special requirements for incompatible wastes.

1. Incompatible wastes, or incompatible wastes and materials, may not be placed in the same
tank system, unless subsection 2 of section 33.1-24-05-967 is complied with.
2. Hazardous waste may not be placed in a tank system that has not been decontaminated and
that previously held an incompatible waste or material, unless subsection 2 of section
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1114. Air emission standards.

The owner or operator shall manage all hazardous waste placed in a tank in accordance with the
requirements of sections 33.1-24-05-400 through 33.1-24-05-474. Under a standardized permit, the
following control devices are permissible: thermal vapor incinerator, catalytic vapor incinerator, flame,
boiler, process heater, condenser, and carbon absorption unit.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1115. [Reserved].

### § 33.1-24-05-1116. [Reserved].

### § 33.1-24-05-1117. [Reserved].

### § 33.1-24-05-1118. [Reserved].

### § 33.1-24-05-1119. [Reserved].

### § 33.1-24-05-1120. [Reserved].

### § 33.1-24-05-1121. [Reserved].

### § 33.1-24-05-1122. [Reserved].

### § 33.1-24-05-1123. [Reserved].

### § 33.1-24-05-1124. [Reserved].

### § 33.1-24-05-1125. [Reserved].

### § 33.1-24-05-1126. [Reserved].

### § 33.1-24-05-1127. [Reserved].


### § 33.1-24-05-1128. [Reserved].

### § 33.1-24-05-1129. [Reserved].

### § 33.1-24-05-1130. Applicability of containment building requirements.

The requirements of sections 33.1-24-05-1130 through 33.1-24-05-1149 applies to owners or
operators of facilities that treat or store hazardous waste in containment buildings under sections
section 33.1-24-05-950. Storage or treatment, or both, in a containment building is not land disposal as
defined in section 33.1-24-05-251 if the unit meets the requirements of sections 33.1-24-05-1131,
33.1-24-05-1132, and 33.1-24-05-1133.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1131. Design and operating standards for containment buildings.

All containment buildings must comply with the design and operating standards in this section. The
department will consider standards established by professional organizations generally recognized by
the industry such as the American concrete institute and the American society of testing materials in
judging the structural integrity requirements of this section.
1. The containment building must be completely enclosed with a floor, walls, and a roof to
prevent exposure to the elements, (for example, precipitation, wind, run-on), and to assure
containment of managed wastes.
2. The floor and containment walls of the unit, including the secondary containment system, if
required under section 33.1-24-05-1133, must be designed and constructed of manmade
materials of sufficient strength and thickness to:
a. Support themselves, the waste contents, and any personnel and heavy equipment that
operates within the unit.
b. Prevent failure due to:
(1) Pressure gradients, settlement, compression, or uplift.
(2) Physical contact with the hazardous wastes to which they are exposed.
(3) Climatic conditions.
(4) Stresses of daily operation, including the movement of heavy equipment within the
unit and contact of such equipment with containment walls.
(5) Collapse or other failure.
3. All surfaces to be in contact with hazardous wastes must be chemically compatible with those
wastes.
4. Incompatible hazardous wastes or treatment reagents must not be placed in the unit or its
secondary containment system if they could cause the unit or secondary containment system
to leak, corrode, or otherwise fail.

5. A containment building must have a primary barrier designed to withstand the movement of
personnel, waste, and handling equipment in the unit during the operating life of the unit and
appropriate for the physical and chemical characteristics of the waste to be managed.
6. If appropriate to the nature of the waste management operation to take place in the unit, an
exception to the structural strength requirement may be made for lightweight doors and
windows that meet these criteria:
a. They provide an effective barrier against fugitive dust emissions under subsection 4 of
section 33.1-24-05-1132.
b. The unit is designed and operated in a fashion that assures that wastes will not actually
come in contact with these openings.
7. The owner or operator must inspect and record in the facility's operating record, at least once
every seven days, data gathered from monitoring equipment and leak detection equipment, as
well as the containment building and the area immediately surrounding the containment
building to detect signs of releases of hazardous waste.
8. The owner or operator must obtain certification by a qualified professional engineer that the
containment building design meets the requirements of sections 33.1-24-05-1132,
33.1-24-05-1133, and subsections 1 through 6.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1132. Requirements to prevent releases.

Owners or operators must use controls and practices to ensure containment of the hazardous
waste within the unit, and must, at a minimum:
1. Maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other
deterioration that could cause hazardous waste to be released from the primary barrier.
2. Maintain the level of the stored or treated, or both, hazardous waste within the containment
walls of the unit so that the height of any containment wall is not exceeded.
3. Take measures to prevent tracking of hazardous waste out of the unit by personnel or by
equipment used in handling the waste. An area must be designated to decontaminate
equipment and any rinsate must be collected and properly managed.
4. Take measures to control fugitive dust emissions such that any openings (doors, windows,
vents, cracks) exhibit no visible emissions (see 40 CFR part 60, appendix A, Method 22 -
visual determination of fugitive emissions from material sources and smoke emissions from
flares). In addition, all associated particulate collection devices (for example, fabric filter,
electrostatic precipitator) must be operated and maintained with sound air pollution control
practices. This state of no visible emissions must be maintained effectively at all times during
routine operating and maintenance conditions, including when vehicles and personnel are
entering and exiting the unit.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19

### § 33.1-24-05-1133. Design and operating standards for liquids.

If the containment building will be used to manage hazardous wastes containing free liquids or
treated with free liquids, as determined by the paint filter test, by a visual examination, or by other
appropriate means, the owner or operator must include:
1. A primary barrier designed and constructed of materials to prevent the migration of hazardous
constituents into the barrier (for example, a geomembrane covered by a concrete wear
surface).
2. A liquid collection and removal system to minimize the accumulation of liquid on the primary
barrier of the containment building.
a. The primary barrier must be sloped to drain liquids to the associated collection system;
and
b. Liquids and waste must be removed to minimize hydraulic head on the containment
system at the earliest practicable time.
3. A secondary containment system, including a secondary barrier designed and constructed to
prevent migration of hazardous constituents into the barrier, and a leak detection system
capable of detecting failure of the primary barrier and collecting accumulated hazardous
wastes and liquids at the earliest practical time.
a. The requirements of the leak detection component of the secondary containment system
may be met by installing a system that is, at a minimum:
(1) Constructed with a bottom slope of one percent or more; and
(2) Constructed of a granular drainage material with a hydraulic conductivity of 1x10-2
centimeters per second or more and a thickness of twelve inches [30.5 centimeters]
or more, or constructed of synthetic or geonet drainage materials with a
transmissivity of 3x10-5 meters squared per second or more.
b. If treatment will be conducted in the building, the area in which the treatment will be
conducted must be designed to prevent the release of liquids, wet materials, or liquid
aerosols to other portions of the building.
c. The secondary containment system must be constructed using materials that are
chemically resistant to the waste and liquids managed in the containment building and of
sufficient strength and thickness to prevent collapse under the pressure exerted by
overlaying materials and by any equipment used in the containment building.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1134. Waiver from secondary containment requirements.

Notwithstanding any other provision of sections 33.1-24-05-1130 through 33.1-24-05-1149, the
department may waive requirements for secondary containment for a permitted containment building
where:
1. The owner or operator demonstrates that the only free liquids in the unit are limited amounts
of dust suppression liquids required to meet occupational health and safety requirements; and
2. Containment of managed wastes and dust suppression liquids can be assured without a
secondary containment system.

History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1135. Containment building containing areas both with and without secondary

containment.
Containment buildings that contain areas both with and without secondary containment, the owner
or operator shall:
1. Design and operate each area in accordance with the requirements in sections
2. Take measures to prevent the release of liquids or wet materials into areas without secondary
containment.
3. Maintain in the facility's operating record a written description of the operating procedures
used to maintain the integrity of areas without secondary containment.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1136. Detection of releases.

Throughout the active life of the containment building, if a condition that could lead to or has
caused a release of hazardous waste is detected, the owner or operator shall repair the condition
promptly, in accordance with the following procedures:
1. Upon detection of a condition that has lead to a release of hazardous waste (for example,
upon detection of leakage from the primary barrier), the owner or operator shall:
a. Enter a record of the discovery in the facility operating record;
b. Immediately remove the portion of the containment building affected by the condition
from service;
c. Determine what steps must be taken to repair the containment building, to remove any
leakage from the secondary collection system, and to establish a schedule for
accomplishing the cleanup and repairs; and
d. Within seven days after the discovery of the condition, notify the department of the
condition, and within fourteen working days, provide a written notice to the department
with a description of the steps taken to repair the containment building, and the schedule
for accomplishing the work.
2. The department will review the information submitted, make a determination regarding
whether the containment building must be removed from service completely or partially until
repairs and cleanup are complete, and notify the owner or operator of the determination and
the underlying rationale in writing.
3. Upon completing all repairs and cleanup, the owner or operator shall notify the department in
writing and provide a verification, signed by a qualified professional engineer, that the repairs
and cleanup have been completed according to the written plan submitted in accordance with
subdivision d of subsection 1.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1137. Containment buildings used for secondary containment.

Containment buildings can serve as secondary containment systems for tanks placed within the
building under certain conditions.
1. A containment building can serve as an external liner system for a tank, provided it meets the
requirements of subsection 1 of section 33.1-24-05-1106.
2. The containment building must also meet the requirements of subsection 1 and subdivisions a
and b of subsection 2 of section 33.1-24-05-1105 to be considered an acceptable secondary
containment system for a tank.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1138. Closure.

At closure of a containment building, the owner or operator shall remove or decontaminate all
waste residues, contaminated containment system components (liners), contaminated subsoils, and
structures and equipment contaminated with waste and leachate, and manage them as hazardous
waste unless subsection 4 of section 33.1-24-02-03 applies. The closure plan, closure activities, cost
estimates for closure, and financial responsibility for containment buildings must meet all of the
requirements specified in sections 33.1-24-05-1040 through 33.1-24-05-1059 and 33.1-24-05-1060
through 33.1-24-05-1079.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
### § 33.1-24-05-1139. [Reserved].

### § 33.1-24-05-1140. [Reserved].

### § 33.1-24-05-1141. [Reserved].

### § 33.1-24-05-1142. [Reserved].

### § 33.1-24-05-1143. [Reserved].

### § 33.1-24-05-1144. [Reserved].

### § 33.1-24-05-1145. [Reserved].

### § 33.1-24-05-1146. [Reserved].

### § 33.1-24-05-1147. [Reserved].

### § 33.1-24-05-1148. [Reserved].


### § 33.1-24-05-1149. [Reserved].

### § 33.1-24-05-1150. [Reserved].

### § 33.1-24-05-1151. [Reserved].

### § 33.1-24-05-1152. [Reserved].

### § 33.1-24-05-1153. [Reserved].

### § 33.1-24-05-1154. [Reserved].

### § 33.1-24-05-1155. [Reserved].

### § 33.1-24-05-1156. [Reserved].

### § 33.1-24-05-1157. [Reserved].

### § 33.1-24-05-1158. [Reserved].

### § 33.1-24-05-1159. [Reserved].

### § 33.1-24-05-1160. [Reserved].

### § 33.1-24-05-1161. [Reserved].

### § 33.1-24-05-1162. [Reserved].

### § 33.1-24-05-1163. [Reserved].

### § 33.1-24-05-1164. [Reserved].

### § 33.1-24-05-1165. [Reserved].

### § 33.1-24-05-1166. [Reserved].

### § 33.1-24-05-1167. [Reserved].

### § 33.1-24-05-1168. [Reserved].

### § 33.1-24-05-1169. [Reserved].


Recordkeeping Instructions
The recordkeeping instructions of section 33.1-24-05-40 specify that an owner or operator must keep a
written operating record at the facility. This appendix provides additional instructions for keeping
portions of the operating record. See subsection 2 of section 33.1-24-05-40 for additional
recordkeeping requirements.
The following information must be recorded as it becomes available and maintained in the operating
record until closure of the facility in the following manner:
Records of each hazardous waste received, treated, stored, or disposed of at the facility which include
the following:
1. A description by its common name and the hazardous waste numbers from chapter
physical form, for example, liquid, sludge, soil, or contained gas. If the waste is not listed in
chapter 33.1-24-02 the description must also include the process that produced it (for
example, solid filter cake from the production of ______________, hazardous waste number
Each hazardous waste listed in and each hazardous waste characteristic defined in chapter
used for recordkeeping and reporting purposes. Where more than one hazardous waste
number applies, the waste description must include all applicable numbers.
2. The estimated or manifest-reported weight or volume and density, where applicable, in one of
the units of measure specified in table 1.
3. The methods (by handling codes as specified in table 2) and the dates of treatment, storage,
or disposal.
Table 1.
Unit of Measure Code1
Gallons G
Gallons per hour E
Gallons per day U
Liters L
Liters per hour H
Liters per day V
Short tons per hour D
Metric tons per hour W
Short tons per day N
Metric tons per day S
Pounds per hour J
Kilograms per hour R
Cubic yards Y
Cubic meters C

Acres B
Acre-feet A
Hectares Q
Hectare-meter F
Btus per hour I
Pounds P
Short tons T
Kilograms K
Tons M
1Single digit symbols are used here for data processing purposes.
APPENDIX I (continued)
Table 2. Handling Codes for Treatment, Storage, and Disposal Methods. Enter the
handling code listed below that most closely represents the technique(s) used at the facility
to treat, store, or dispose of each quantity of hazardous waste received.
1. Storage
S01 Container (barrel, drum, etc.)
S02 Tank
S03 Waste pile
S04 Surface impoundment
S05 Drip pad
S06 Containment building (storage)
S99 Other storage (specify)
2. Thermal Treatment
T06 Liquid injection incinerator
T07 Rotary kiln incinerator
T08 Fluidized bed incinerator
T09 Multiple hearth incinerator
T10 Infrared furnace incinerator
T11 Molten salt destructor
T12 Pyrolysis
T13 Wet air oxidation
T14 Calcination
T15 Microwave discharge
T18 Other (specify)
3. Chemical Treatment
T19 Absorption mound

APPENDIX I (continued)
Table 2. Handling Codes for Treatment, Storage, and Disposal Methods. Enter the
handling code listed below that most closely represents the technique(s) used at the facility
to treat, store, or dispose of each quantity of hazardous waste received.
T20 Absorption field
T21 Chemical fixation
T22 Chemical oxidation
T23 Chemical precipitation
T24 Chemical reduction
T25 Chlorination
T26 Chlorinolysis
T27 Cyanide destruction
T28 Degradation
T29 Detoxification
T30 Ion exchange
T31 Neutralization
T32 Ozonation
T33 Photolysis
T34 Other (specify)
4. Physical Treatment by Separation of Components
T35 Centrifugation
T36 Clarification
T37 Coagulation
T38 Decanting
T39 Encapsulation
T40 Filtration
T41 Flocculation
T42 Flotation
T43 Foaming
T44 Sedimentation
T45 Thickening
T46 Ultrafiltration
T47 Other (specify)
5. Physical Treatment by Removal of Specific Components
T48 Absorption-molecular sieve
T49 Activated carbon
T50 Blending
T51 Catalysis

APPENDIX I (continued)
Table 2. Handling Codes for Treatment, Storage, and Disposal Methods. Enter the
handling code listed below that most closely represents the technique(s) used at the facility
to treat, store, or dispose of each quantity of hazardous waste received.
T52 Crystallization
T53 Dialysis
T54 Distillation
T55 Electrodialysis
T56 Electrolysis
T57 Evaporation
T58 High gradient magnetic separation
T59 Leaching
T60 Liquid ion exchange
T61 Liquid-liquid extraction
T62 Reverse osmosis
T63 Solvent recovery
T64 Stripping
T65 Sand filter
T66 Other (specify)
6. Biological Treatment
T67 Activated sludge
T68 Aerobic lagoon
T69 Aerobic tank
T70 Anaerobic tank
T71 Composting
T72 Septic tank
T73 Spray irrigation
T74 Thickening filter
T75 Trickling filter
T76 Waste stabilization pond
T77 Other (specify)
T78 [Reserved]
T79 [Reserved]
7. Boilers and Industrial Furnaces
T80 Boiler
T81 Cement kiln
T82 Lime kiln
T83 Aggregate kiln

APPENDIX I (continued)
Table 2. Handling Codes for Treatment, Storage, and Disposal Methods. Enter the
handling code listed below that most closely represents the technique(s) used at the facility
to treat, store, or dispose of each quantity of hazardous waste received.
T84 Phosphate kiln
T85 Coke oven
T86 Blast furnace
T87 Smelting, melting, or refining furnace
T88 Titanium dioxide chloride process oxidation reactor
T89 Methane reforming furnace
T90 Pulping liquor recovery furnace
T91 Combustion device used in the recovery of sulfur values from spent
sulfuric acid
T92 Halogen acid furnaces
T93 Other industrial furnaces listed in section 33.1-24-01-04 (specify)
8. Other Treatment
T94 Containment building (treatment)
9. Disposal
D79 Underground injection
D80 Landfill
D81 Land treatment
D82 Ocean disposal
D83 Surface impoundment (to be closed as a landfill)
D99 Other disposal (specify)
10. Miscellaneous Units
X01 Open burning/open detonation
X02 Mechanical processing
X03 Thermal unit
X04 Geologic repository
X99 Other miscellaneous unit (specify)

Cochran's Approximation to the Behrens-Fisher Student's T-Test
Using all the available background data (n readings) calculate the background mean (X ) and
b b
background variance (S 2). For the single monitoring well under investigation (n reading), calculate the
b m
monitoring mean (X ) and monitoring variance (S 2). For any set of data (X , X X ) the mean is
m m 1 2... n
calculated by:
And the variance is calculated by:
Where "n" denotes the number of observations in the set of data.
The t-Test uses these data summary measures to calculate a t-statistic (t*) and a comparison t-statistic
(t ). The t* is compared to the t value and a conclusion reached as to whether there has been a
c c
statistically significant change in any indicator parameter.
The t-statistic for all parameters, except pH and similar monitoring parameters, is:
If the value of this t-statistic is negative, then there is no significant difference between the monitoring
data and the background data. It should be noted that significantly small negative values may be
indicative of a failure of the assumption made for test validity or errors have been made in collecting the
background data.
The t-statistic (t ) against which t* will be compared necessitates finding t and t from standard
c b m
(one-tailed) tables where:
t = t-tables (n - 1) degrees of freedom at the 0.05 level of significance.
b b
t = t-tables with (n - 1) degrees of freedom at the 0.05 level of significance.
m m
Finally, the special weightings W and W are defined as:
b m

APPENDIX II (continued)
Cochran's Approximation to the Behrens-Fisher Student's T-Test
And so the comparison t-statistic is:
The t-statistic (t*) is now compared with the comparison t-statistic (t ) using the following decision rule:
c
If t* is equal to or larger than t , then conclude that there most likely has been a significant increase
c
in this specific parameter. If t* is less than t , then conclude that most likely there has not been a
c
change in this specific parameter.
The t-statistic for testing pH and similar monitoring parameters is constructed in the same manner as
previously described, except the negative sign (if any) is discarded and the caveat concerning the
negative value is ignored. The standard (two-tailed) tables are used in the construction t for pH and
c
similar monitoring parameters.
If t* is equal to or larger than t , then conclude that there most likely has been a significant increase (if
c
the initial t* had been negative, this would imply a significant decrease).
If t* is less than t then conclude that there most likely has been no change.
c
A further discussion of the test may be found in Statistical Methods (6th Edition, Section 4.14) by G. W.
Snedecor and W. G. Cochran, or Principles and Procedures of Statistic (1st Edition, Section 5.8) by
R. G. D. Steel and J. H. Torrie.

APPENDIX II (continued)
Cochran's Approximation to the Behrens-Fisher Student's T-Test
Standard T-Tables
0.05 Level of Significance
Degrees of Freedom t - Values (1 - tailed) t - Values (2 - tailed)
1 6.314 12.706
2 2.920 4.303
3 2.353 3.182
4 2.132 2.776
5 2.015 2.571
6 1.943 2.447
7 1.895 2.365
8 1.860 2.306
9 1.833 2.262
10 1.812 2.228
11 1.796 2.201
12 1.782 2.179
13 1.771 2.160
14 1.761 2.145
15 1.753 2.131
16 1.746 2.120
17 1.740 2.110
18 1.734 2.101
19 1.729 2.093
20 1.725 2.086
21 1.721 2.080
22 1.717 2.074
23 1.714 2.069
24 1.711 2.064
25 1.708 2.060
30 1.697 2.042
40 1.684 2.021

Examples of Potentially Incompatible Waste
Many hazardous wastes, when mixed with other waste or materials at a hazardous waste facility, can
produce effects which are harmful to human health and the environment, such as (1) heat or pressure,
(2) fire or explosion, (3) violent reaction, (4) toxic dusts, mists, fumes, or gases, or (5) flammable fumes
or gases.
Below are examples of potentially incompatible wastes, waste components, and materials, along with
the harmful consequences which result from mixing materials in one group with materials in another
group. The list is intended as a guide to owners or operators of treatment, storage, and disposal
facilities, and to enforcement and permit granting officials, to indicate the need for special precautions
when managing these potentially incompatible waste materials or components.
This list is not intended to be exhaustive. An owner or operator must, as the regulations require,
adequately analyze his wastes so that he can avoid creating uncontrolled substances or reactions of
the type listed below, whether they are listed below or not.
It is possible for potentially incompatible wastes to be mixed in a way that precludes a reaction (for
example, adding acid to water rather than water to acid) or that neutralizes them (for example, a strong
acid mixed with a strong base), or that controls substances produced (for example, by generating
flammable gases in a closed tank equipped so that ignition cannot occur, and burning the gases in an
incinerator).
In the lists below, the mixing of a Group A material with a Group B material may have the potential
consequence as noted.
Group 1-A
Acetylene sludge
Alkaline caustic liquids
Alkaline cleaner
Alkaline corrosive liquids
Alkaline corrosive battery fluid
Caustic wastewater
Lime sludge and other corrosive alkalies
Lime wastewater
Lime and water
Spent caustic
Group 1-B
Acid sludge
Acid and water
Battery acid
Chemical cleaners
Electrolyte, acid
Etching acid liquid or solvent

APPENDIX III (continued)
Examples of Potentially Incompatible Waste
Pickling liquor and other corrosive acids
Spent acid
Spent mixed acid
Spent sulfuric acid
Potential consequences: Heat generation; violent reaction.
Group 2-A
Aluminum
Beryllium
Calcium
Lithium
Magnesium
Potassium
Sodium
Zinc powder
Other reactive metals and metal hydrides
Group 2-B
Any Waste in Group 1-A or 1-B
Potential consequences: Fire or explosion; generation of flammable hydrogen gas.
Group 3-A
Alcohols
Water
Group 3-B
Any concentrated waste in Groups 1-A or 1-B
Calcium
Lithium
Metal hydrides
Potassium
SO Cl , SOCl , PCl ,
2 2 2 3
CH SiCl
3 3
Other water-reactive waste (potential consequences):
Fire, explosion, or heat generation; generation of flammable or toxic gases.

APPENDIX III (continued)
Examples of Potentially Incompatible Waste
Group 4-A
Alcohols
Aldehydes
Halogenated hydrocarbons
Nitrated hydrocarbons
Unsaturated hydrocarbons
Other reactive organic compounds and solvents
Group 4-B
Concentrated Group 1-A or 1-B wastes
Group 2-A wastes
Potential consequences: Fire, explosion, or violent reaction.
Group 5-A
Spent cyanide and sulfide solutions
Group 5-B
Group 1-B wastes
Potential consequences: generation of toxic hydrogen cyanide or hydrogen sulfide gas.
Group 6-A
Chlorates
Chlorine
Chlorites
Chromic acid
Hypochlorites
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Other strong oxidizers
Group 6-B
Acetic acid and other organic acids
Concentrated mineral acids

APPENDIX III (continued)
Examples of Potentially Incompatible Waste
Group 2-A wastes
Group 4-A wastes
Other flammable and combustible wastes
Potential consequences: Fire, explosion, or violent reaction.





Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test (Method 1310B)
Note: The extraction procedure (EP), method 1310B, is published in "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods", environmental protection agency publication SW-846, as
incorporated by reference in section 33.1-24-01-05.

Compounds With Henry's Law Constant Less Than 0.1 Y/X
Compound Name CAS No.
Acetaldol 107-89-1
Acetamide 60-35-5
2-Acetylaminofluorene 53-96-3
3-Acetyl-5-hydroxypiperidine
3-Acetylpiperidine 618-42-8
1-Acetyl-2-thiourea 591-08-2
Acrylamide 79-06-1
Acrylic acid 79-10-7
Adenine 73-24-5
Adipic acid 124-04-9
Adiponitrile 111-69-3
Alachlor 15972-60-8
Aldicarb 116-06-3
Ametryn 834-12-8
4-Aminobiphenyl 92-67-1
4-Aminopyridine 504-24-5
Aniline 62-53-3
o-Anisidine 90-04-0
Anthraquinone 84-65-1
Atrazine 1912-24-9
Benzenearsonic acid 98-05-5
Benzenesulfonic acid 98-11-3
Benzidine 92-87-5
Benzo(a)anthracene 56-55-3
Benzo(k)fluoranthene 207-08-9
Benzoic acid 65-85-0
Benzo(g,h,i)perylene 191-24-2
Benzo(a)pyrene 50-32-8
Benzyl alcohol 100-51-6
gamma-BHC 58-89-9
Bis(2-ethylhexyl)phthalate 117-81-7
Bromochloromethyl acetate
Bromoxynil 1689-84-5
Butyric acid 107-92-6

Compounds With Henry's Law Constant Less Than 0.1 Y/X
Compound Name CAS No.
Caprolactam (hexahydro-2H-azepin-2-one) 105-60-2
Catechol (o-dihydroxybenzene) 120-80-9
Cellulose 9004-34-6
Cell wall
Chlorhydrin (3-Chloro-1,2-propanediol) 96-24-2
Chloroacetic acid 79-11-8
2-Chloroacetophenone 93-76-5
p-Chloroaniline 106-47-8
p-Chlorobenzophenone 134-85-0
Chlorobenzilate 510-15-6
p-Chloro-m-cresol (6-chloro-m-cresol) 59-50-7
3-Chloro-2,5-diketopyrrolidine
Chloro-1,2-ethane diol
4-Chlorophenol 106-48-9
Chlorophenol polymers (2-chlorophenol & 4-chlorophenol) 95-57-8 & 106-48-9
1-(o-Chlorophenyl)thiourea 5344-82-1
Chrysene 218-01-9
Citric acid 77-92-9
Creosote 8001-58-9
m-Cresol 108-39-4
o-Cresol 95-48-7
p-Cresol 106-44-5
Cresol (mixed isomers) 1319-77-3
4-Cumylphenol 27576-86
Cyanide 57-12-5
4-Cyanomethyl benzoate
Diazinon 333-41-5
Dibenzo(a,h)anthracene 53-70-3
Dibutylphthalate 84-74-2
2,5-Dichloroaniline (N,N'-dichloroaniline) 95-82-9
2,6-Dichlorobenzonitrile11 1194-65-6
2,6-Dichloro-4-nitroaniline 99-30-9
2,5-Dichlorophenol 333-41-5
3,4-Dichlorotetrahydrofuran
Dichlorvos (DDVP) 62-73-7

Compounds With Henry's Law Constant Less Than 0.1 Y/X
Compound Name CAS No.
Diethanolamine 111-42-2
N,N-Diethylaniline 91-66-7
Diethylene glycol 111-46-6
Diethylene glycol dimethyl ether (dimethyl Carbitol) 111-96-6
Diethylene glycol monobutyl ether (butyl Carbitol) 112-34-5
Diethylene glycol monoethyl ether acetate (Carbitol acetate) 112-15-2
Diethylene glycol monoethyl ether (Carbitol Cellosolve) 111-90-0
Diethylene glycol monomethyl ether (methyl Carbitol) 111-77-3
N,N'-Diethylhydrazine 1615-80-1
Diethyl (4-methylumbelliferyl) thionophosphate 299-45-6
Diethyl phosphorothioate 126-75-0
N,N'-Diethylpropionamide 15299-99-7
Dimethoate 60-51-5
2,3-Dimethoxystrychnidin-10-one 357-57-3
4-Dimethylaminoazobenzene 60-11-7
7,12-Dimethylbenz(a)anthracene 57-97-6
3,3-Dimethylbenzidine 119-93-7
Dimethylcarbamoyl chloride 79-44-7
Dimethyldisulfide 624-92-0
Dimethylformamide 68-12-2
1,1-Dimethylhydrazine 57-14-7
Dimethylphthalate 131-11-3
Dimethylsulfone 67-71-0
Dimethylsulfoxide 67-68-5
4,6-Dinitro-o-cresol 534-52-1
1,2-Diphenylhydrazine 122-66-7
Dipropylene glycol (1,1'-oxydi-2-propanol) 110-98-5
Endrin 72-20-8
Epinephrine 51-43-4
mono-Ethanolamine 141-43-5
Ethyl carbamate (urethane) 5-17-96
Ethylene glycol 107-21-1
Ethylene glycol monobutyl ether (butyl Cellosolve) 111-76-2
Ethylene glycol monoethyl ether (Cellosolve) 110-80-5
Ethylene glycol monoethyl ether acetate (Cellosolve acetate) 111-15-9

Compounds With Henry's Law Constant Less Than 0.1 Y/X
Compound Name CAS No.
Ethylene glycol monomethyl ether (methyl Cellosolve) 109-86-4
Ethylene glycol monophenyl ether (phenyl Cellosolve) 122-99-6
Ethylene glycol monopropyl ether (propyl Cellosolve) 2807-30-9
Ethylene thiourea (2-imidazolidinethione) 96-45-7
4-Ethylmorpholine 100-74-3
3-Ethylphenol 620-17-7
Fluoroacetic acid, sodium salt 62-74-8
Formaldehyde 50-00-0
Formamide 75-12-7
Formic acid 64-18-6
Fumaric acid 110-17-8
Glutaric acid 110-94-1
Glycerin (Glycerol) 56-81-5
Glycidol 556-52-5
Glycinamide 598-41-4
Glyphosate 1071-83-6
Guthion 86-50-0
Hexamethylene-1,6-diisocyanate (1,6-diisocyanatohexane) 822-06-0
Hexamethyl phosphoramide 680-31-9
Hexanoic acid 142-62-1
Hydrazine 302-01-2
Hydrocyanic acid 74-90-8
Hydroquinone 123-31-9
Hydroxy-2-propionitrile (hydracrylonitrile) 109-78-4
Indeno (1,2,3-cd) pyrene 193-39-5
Lead acetate 301-04-2
Lead subacetate (lead acetate, monobasic) 1335-32-6
Leucine 61-90-5
Malathion 121-75-5
Maleic acid 110-16-7
Maleic anhydride 108-31-6
Mesityl oxide 141-79-7
Methane sulfonic acid 75-75-2
Methomyl 16752-77-5
p-Methoxyphenol 150-76-5

Compounds With Henry's Law Constant Less Than 0.1 Y/X
Compound Name CAS No.
Methyl acrylate 96-33-3
4,4'-Methylene-bis-(2-chloroaniline) 101-14-4
4,4'-Methylenediphenyl diisocyanate (diphenyl methane diisocyanate) 101-68-8
4,4'-Methylenedianiline 101-77-9
Methylene diphenylamine (MDA)
5-Methylfurfural 620-02-0
Methylhydrazine 60-34-4
Methyliminoacetic acid
Methyl methane sulfonate 66-27-3
1-Methyl-2-methoxyaziridine
Methylparathion 298-00-0
Methyl sulfuric acid (sulfuric acid, dimethyl ester) 77-78-1
4-Methylthiophenol 106-45-6
Monomethylformamide (N-methylformamide) 123-39-7
Nabam 142-59-6
alpha-Naphthol 90-15-3
beta-Naphthol 135-19-3
alpha-Naphthylamine 134-32-7
beta-Naphthylamine 91-59-8
Neopentyl glycol (dimethylolpropane) 126-30-7
Niacinamide 98-92-0
o-Nitroaniline 88-74-4
Nitroglycerin 55-63-0
2-Nitrophenol 88-75-5
4-Nitrophenol 100-02-7
N-Nitrosodimethylamine 62-75-9
Nitrosoguanidine 674-81-7
N-Nitroso-n-methylurea 684-93-5
N-Nitrosomorpholine (4-nitrosomorpholine) 59-89-2
Oxalic acid 144-62-7
Parathion 56-38-2
Pentaerythritol 115-77-5
Phenacetin 62-44-2
Phenol 108-95-2
Phenylacetic acid 103-82-2

Compounds With Henry's Law Constant Less Than 0.1 Y/X
Compound Name CAS No.
m-Phenylene diamine 108-45-2
o-Phenylene diamine 95-54-5
p-Phenylene diamine 106-50-3
Phenyl mercuric acetate 62-38-4
Phorate 298-02-2
Phthalic anhydride 85-44-9
alpha-Picoline (2-methyl pyridine) 109-06-8
1,3-Propane sultone 1120-71-4
beta-Propiolactone 57-57-8
Proporur (Baygon)
Propylene glycol 57-55-6
Pyrene 129-00-0
Pyridinium bromide 39416-48-3
Quinoline 91-22-5
Quinone (p-benzoquinone) 106-51-4
Resorcinol 108-46-3
Simazine 122-34-9
Sodium acetate 127-09-3
Sodium formate 141-53-7
Strychnine 57-24-9
Succinic acid 110-15-6
Succinimide 123-56-8
Sulfanilic acid 121-47-1
Terephthalic acid 100-21-0
Tetraethyldithiopyrophosphate 3689-24-5
Tetraethylenepentamine 112-57-2
Thiofanox 39196-18-4
Thiosemicarbazide 79-19-6
2,4-Toluenediamine 95-80-7
2,6-Toluenediamine 823-40-5
3,4-Toluenediamine 496-72-0
2,4-Toluene diisocyanate 584-84-9
p-Toluic acid 99-94-5
m-Toluidine 108-44-1
1,1,2-Trichloro-1,2,2-trifluoroethane 76-13-1

Compounds With Henry's Law Constant Less Than 0.1 Y/X
Compound Name CAS No.
Triethanolamine 102-71-6
Triethylene glycol dimethyl ether
Tripropylene glycol 24800-44-0
Warfarin 81-81-2
3,4-Xylenol (3,4-dimethylphenol) 95-65-8

List of Halogenated Organic Compounds Regulated Under
Section 33.1-24-05-272
In determining the concentration of HOCs in a hazardous waste for purposes of the Section
in the calculation as any compounds having a carbon-halogen bond which are listed in this Appendix
(see Section 33.1-24-05-251). Appendix VII consists of the following compounds:
List of Halogenated Organic Compounds Regulated Under Section 33.1-24-05-272
I. Volatiles II. Semivolatiles
Bromodichloromethane Bis(2-chloroethoxy)ethane
Bromomethane Bis(2-chloroethyl)ether
Carbon Tetrachloride Bis(2-chloroisopropyl)ether
Clorobenzene p-Chloroaniline
2-Chloro-1,3-butadiene Chlorobenzilate
Chlorodibromomethane P-Chloro-m-cresol
Chloroethane 2-Chloronaphthalene
2-Chloroethyl vinyl ether 2-Chlorphenol
Chloroform 3-Chloropropionitrile
Chloromethane m-Dichlorobenzene
3-Chloropropene o-Dichlorobenzene
1,2-Dibromo-3-chloropropane p-Dichlorobenzene
1,2-Dibromomethane 3.3'-Dichlorobenzidine
Dibromomethane 2,4-Dichlorophenol
Trans-1,4-Dichloro-2-butene 2,6-Dichlorophenol
Dichlorodifluoromethane Hexachlorobenzene
1,1-Dichloroethane Hexachlorobutadiene
1,2-Dichloroethane Hexachlorocyclopentadiene
1,1-Dichloroethylene Hexachloroethane
Trans-1,2-Dichloroethene Hexachloroprophene
1,2-Dichloropropane Hexachlorpropene
Trans-1,3-Dichloropropene 4,4'-Methylenebis(2-chloroanaline)
cis-1,3-Dichloropropene Pentachlorobenzene
Iodomethane Pentachloroethane
Methylene chloride Pentachloronitrobenzene
1,1,1,2-Tetrachloroethane Pentachlorophenol
1,1,2,2-Tetrachloroethane Pronamide
Tetrachloroethene 1,2,4,5-Tetrachlorobenzene
Tribromomethane 2,3,4,6-Tetrachlorophenol
1,1,1-Trichloroethane 1,2,4-Trichlorobenzene
1,1,2-Trichloroethane 2,4,5-Trichlorophenol
Trichlorothene 2,4,6-Trichlorophenol
Trichloromonofluoromethane Tris(2,3-dibromopropyl)phosphate
1,2,3-Thrichloropropane
Vinyl Chloride

List of Halogenated Organic Compounds Regulated Under Section 33.1-24-05-272
III. Organochlorine Pesticides
Aldrin
alpha-BHC
beta-BHC
delta-BHC
gamma-BHC
Chlorodane
Dieldrin
Endosulfan I
Endosulfan II
Endrin
Endrin aldehyde
Heptachlor
Heptachlor epoxide
Isodrin
Kepone
Methoxyclor
Toxaphene
IV. Phenoxyacetic Acid Herbicides
2,4-Dichlorophenoxyacetic acid
Silvex
2,4,5-T
V. PCBs
Aroclor 1016
Aroclor 1221
Aroclor 1232
Aroclor 1242
Aroclor 1248
Aroclor 1254
Aroclor 1260
PCBs not otherwise specified
VI. Dioxins and Furans
Hexachlorodibenzo-p-dioxins
Hexachlorodibenzofuran
Pentachlorodibenzo-p-dioxins
Pentachlorodibenzofuran
Tetrachlorodibenzo-p-dioxins
Tetrachlorodibenzofuran
2,3,7,8-Tetrachlorodibenzo-p-dioxin

Wastes Excluded From Lab Packs
Under the Alternative Treatment Standards of Subsection 3 of
Section 33.1-24-05-282
Hazardous waste with the following hazardous waste codes may not be placed in lab packs under the
alternative lab pack treatment standards of subsection 3 of section 33.1-24-05-282: D009, F019, K003,
K004, K005, K006, K062, K071, K100, K106, P010, P011, P012, P076, P078, U134, and U151.

[Reserved]

Recommended Technologies to Achieve Deactivation
of Characteristics in Section 33.1-24-05-282
The treatment standard for many characteristic wastes is stated in the 33.1-24-05-280 Table of
Treatment Standards as "Deactivation and meet UTS." The environmental protection agency has
determined that many technologies, when used alone or in combination, can achieve the deactivation
portion of the treatment standard. Characteristic wastes that are not managed in a facility regulated by
the Clean Water Act or in a Clean Water Act-equivalent facility, and that also contain underlying
hazardous constituents (see subsection 10 of section 33.1-24-05-251) must be treated not only by a
"deactivating" technology to remove the characteristic, but also to achieve the universal treatment
standards for underlying hazardous constituents. The following appendix presents a partial list of
technologies, utilizing the five letter technology codes established in Table 1 of section 33.1-24-05-282,
that may be useful in meeting the treatment standard. Use of these specific technologies is not
mandatory and does not preclude direct reuse, recovery, or the use or any combination thereof, of other
pretreatment technologies, provided deactivation is achieved and underlying hazardous constituents
are treated to achieve the universal treatment standards.
Waste Code/Subcategory Nonwastewaters Wastewaters
D001 Ignitable Liquids based on 33.1-24-02-11.1.a.-Low TOC RORGS.......... n.a.
Nonwastewater Subcategory (containing 1% to <10% TOC). INCIN..........
D001 Ignitable Liquids based on 33.1-24-02-11.1.a.-Ignitable n.a........... RORGS
Wastewater Subcategory(containing <1% TOC). INCIN
D001 Compressed Gases based on 33.1-24-02-11.1.c.......... RCGAS.......... n.a.
ADGAS fb. INCIN..........
ADGAS fb. (CHOXD; or
D001 Ignitable Reactives based on 33.1-24-02-11.1.b.......... WTRRX.......... n.a.
D001 Ignitable Oxidizers based on 33.1-24-02-11.1.d.......... CHRED.......... CHRED
D002 Acid Subcategory based on 33.1-24-02-12.1.a. with pH RCORR.......... NEUTR
less than or equal to 2 NEUTR.......... INCIN
D002 Alkaline Subcategory based on 33.1-24-02-12.1.a. with NEUTR.......... NEUTR
pH greater than or equal to 12.5 INCIN.......... INCIN

Waste Code/Subcategory Nonwastewaters Wastewaters
D002 Other Corrosives based on 33.1-24-02-12.1.b.......... CHOXD.......... CHOXD
D003 Water Reactives based on 33.1-24-02-13.1.b., c.,and d.......... INCIN.......... n.a.
D003 Reactive Sulfides based on 33.1-24-02-13.1.e.......... CHOXD.......... CHOXD
D003 Explosives based on 33.1-24-02-13.1.f., g., and h.......... INCIN.......... INCIN
D003 Other Reactives based on 33.1-24-02-13.1.a.......... INCIN.......... INCIN
K044 Wastewater treatment sludges from the manufacturing CHOXD.......... CHOXD
and processing of explosives. CHRED.......... CHRED
K045 Spent carbon from the treatment of wastewaters CHOXD.......... CHOXD
containing explosives. CHRED.......... CHRED
K047 Pink/red water from TNT operations.......... CHOXD.......... CHOXD
Note: "n.a." stands for "not applicable;" "fb." stands for "followed by."

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
D001c All (except high total organic carbon ignitable August 9, 1993
liquids)
D001 High total organic carbon ignitable liquids August 8, 1990
D002c All August 9, 1993
D003 Newly identified surface-disposed elemental May 26, 2000
phosphorus processing wastes
D004 Newly identified D004 and mineral processing August 24, 1998
wastes
D004 Mixed radioactive/newly identified D004 or May 26, 2000
mineral processing wastes
D005 Newly identified D005 and mineral processing August 24, 1998
wastes
D005 Mixed radioactive/newly identified D005 or May 26, 2000
mineral processing wastes
D006 Newly identified D006 and mineral processing August 24, 1998
wastes
D006 Mixed radioactive/newly identified D006 or May 26, 2000
mineral processing wastes
D007 Newly identified D007 and mineral processing August 24, 1998
wastes
D007 Mixed radioactive/newly identified D007 or May 26, 2000
mineral processing wastes
D008 Newly identified D008 and mineral processing August 24, 1998
wastes
D008 Mixed radioactive/newly identified D008 or May 26, 2000
mineral processing wastes
D009 Newly identified D009 and mineral processing August 24, 1998
wastes
D009 Mixed radioactive/newly identified D009 or May 26, 2000
mineral processing wastes
D010 Newly identified D010 and mineral processing August 24, 1998
wastes
D010 Mixed radioactive/newly identified D010 or May 26, 2000
mineral processing wastes
D011 Newly identified D011 and mineral processing August 24, 1998
wastes
D011 Mixed radioactive/newly identified D011 or May 26, 2000
mineral processing wastes
D012 (that exhibit the toxicity All December 14, 1994
characteristic based on the TCLP)d

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
D013 (that exhibit the toxicity All December 14, 1994
characteristic based on the TCLP)d
D014 (that exhibit the toxicity All December 14, 1994
characteristic based on the TCLP)d
D015 (that exhibit the toxicity All December 14, 1994
characteristic based on the TCLP)d
D016 (that exhibit the toxicity All December 14, 1994
characteristic based on the TCLP)d
D017 (that exhibit the toxicity All December 14, 1994
characteristic based on the TCLP)d
D018 Mixed with radioactive wastes September 19, 1996
D018 All others December 19, 1994
D019 Mixed with radioactive wastes September 19, 1996
D019 All others December 19, 1994
D020 Mixed with radioactive wastes September 19, 1996
D020 All others December 19, 1994
D021 Mixed with radioactive wastes September 19, 1996
D021 All others December 19, 1994
D022 Mixed with radioactive wastes September 19, 1996
D022 All others December 19, 1994
D023 Mixed with radioactive wastes September 19, 1996
D023 All others December 19, 1994
D024 Mixed with radioactive wastes September 19, 1996
D024 All others December 19, 1994
D025 Mixed with radioactive wastes September 19, 1996
D025 All others December 19, 1994
D026 Mixed with radioactive wastes September 19, 1996
D026 All others December 19, 1994
D027 Mixed with radioactive wastes September 19, 1996
D027 All others December 19, 1994
D028 Mixed with radioactive wastes September 19, 1996
D028 All others December 19, 1994
D029 Mixed with radioactive wastes September 19, 1996
D029 All others December 19, 1994
D030 Mixed with radioactive wastes September 19, 1996
D030 All others December 19, 1994

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
D031 Mixed with radioactive wastes September 19, 1996
D031 All others December 19, 1994
D032 Mixed with radioactive wastes September 19, 1996
D032 All others December 19, 1996
D033 Mixed with radioactive wastes September 19, 1996
D033 All others December 19, 1994
D034 Mixed with radioactive wastes September 19, 1996
D034 All others December 19, 1994
D035 Mixed with radioactive wastes September 19, 1996
D035 All others December 19, 1994
D036 Mixed with radioactive wastes September 19, 1996
D036 All others December 19, 1994
D037 Mixed with radioactive wastes September 19, 1996
D037 All others December 19, 1994
D038 Mixed with radioactive wastes September 19, 1996
D038 All others December 19, 1994
D039 Mixed with radioactive wastes September 19, 1996
D039 All others December 19, 1994
D040 Mixed with radioactive wastes September 19, 1996
D040 All others December 19, 1994
D041 Mixed with radioactive wastes September 19, 1996
D041 All others December 19, 1994
D042 Mixed with radioactive wastes September 19, 1996
D042 All others December 19, 1994
D043 Mixed with radioactive wastes September 19, 1996
D043 All others December 19, 1994
F001 Small quantity generators, CERCLA November 8, 1988
response/RCRA corrective action, initial
generator's solvent-water mixtures,
solvent-containing sludges and solids
F001 All others November 8, 1986
F002 (1,1,2-trichloroethane) Wastewater and nonwastewater August 8, 1990
F002 Small quantity generators, CERCLA November 8, 1988
response/RCRA corrective action, initial
generator's solvent-water mixtures,
solvent-containing sludges and solids
F002 All others November 8, 1986

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
F003 Small quantity generators, CERCLA November 8, 1988
response/RCRA corrective action, initial
generator's solvent-water mixtures,
solvent-containing sludges and solids
F003 All others November 8, 1986
F004 Small quantity generators, CERCLA November 8, 1988
response/RCRA corrective action, initial
generator's solvent-water mixtures,
solvent-containing sludges and solids
F004 All others November 8, 1986
F005 (benzene, 2-ethoxy ethanol, Wastewater and nonwastewater August 8, 1990
2-nitropropane)
F005 Small quantity generators, CERCLA November 8, 1988
response/RCRA corrective action, initial
generator's solvent-water mixtures,
solvent-containing sludges and solids
F005 All others November 8, 1986
F006 Wastewater August 8, 1990
F006 Nonwastewater August 8, 1988
F006 (cyanides) Nonwastewater July 8, 1989
F007 All July 8, 1989
F008 All July 8, 1989
F009 All July 8, 1989
F010 All June 8, 1989
F011 (cyanides) Nonwastewater December 8, 1989
F011 All others July 8, 1989
F012 (cyanides) Nonwastewater December 8, 1989
F012 All others July 8, 1989
F019 All August 8, 1990
F020 All November 8, 1988
F021 All November 8, 1988
F025 All August 8, 1990
F026 All November 8, 1988
F027 All November 8, 1988
F028 All November 8, 1988
F032 Mixed with radioactive wastes May 12, 1999
F032 All others August 12, 1997
F034 Mixed with radioactive wastes May 12, 1999

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
F034 All others August 12, 1997
F035 Mixed with radioactive wastes May 12, 1999
F035 All others August 12, 1997
F037 Not generated from surface impoundment June 30, 1993
cleanouts or closures
F037 Generated from surface impoundment cleanouts June 30, 1994
or closures
F037 Mixed with radioactive wastes June 30, 1994
F038 Not generated from surface impoundment June 30, 1993
cleanouts or closures
F038 Generated from surface impoundment cleanouts June 30, 1994
or closures
F038 Mixed with radioactive wastes June 30, 1994
F039 Wastewater August 8, 1990
F039 Nonwastewater May 8, 1992
K001 (organics)b All August 8, 1988
K001 All others August 8, 1988
K002 All August 8, 1990
K003 All August 8, 1990
K004 Wastewater August 8, 1990
K004 Nonwastewater August 8, 1988
K005 Wastewater August 8, 1990
K005 Nonwastewater June 8, 1989
K006 All August 8, 1990
K007 Wastewater August 8, 1990
K007 Nonwastewater June 8, 1989
K008 Wastewater August 8, 1990
K008 Nonwastewater August 8, 1988
K009 All June 8, 1989
K010 All June 8, 1989
K011 Wastewater August 8, 1990
K011 Nonwastewater June 8, 1989
K013 Wastewater August 8, 1990
K013 Nonwastewater June 8, 1989
K014 Wastewater August 8, 1990
K014 Nonwastewater June 8, 1989

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
K015 Wastewater August 8, 1988
K015 Nonwastewater August 8, 1990
K016 All August 8, 1988
K017 All August 8, 1990
K018 All August 8, 1988
K019 All August 8, 1988
K020 All August 8, 1988
K021 Wastewater August 8, 1990
K021 Nonwastewater August 8, 1988
K022 Wastewater August 8, 1990
K022 Nonwastewater August 8, 1988
K023 All June 8, 1989
K024 All August 8, 1988
K025 Wastewater August 8, 1990
K025 Nonwastewater August 8, 1988
K026 All August 8, 1990
K027 All June 8, 1989
K028 (metals) Nonwastewater August 8, 1990
K028 All others June 8, 1989
K029 Wastewater August 8, 1990
K029 Nonwastewater June 8, 1989
K030 All August 8, 1988
K031 Wastewater August 8, 1990
K031 Nonwastewater May 8, 1992
K032 All August 8, 1990
K033 All August 8, 1990
K034 All August 8, 1990
K035 All August 8, 1990
K036 Wastewater June 8, 1989
K036 Nonwastewater August 8, 1988
K037b Wastewater August 8, 1988
K037 Nonwastewater August 8, 1988
K038 All June 8, 1989
K039 All June 8, 1989

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
K040 All June 8, 1989
K041 All August 8, 1990
K042 All August 8, 1990
K043 all June 8, 1989
K044 All August 8, 1988
K045 All August 8, 1988
K046 (nonreactive) Nonwastewater August 8, 1988
K046 All others August 8, 1990
K047 All August 8, 1988
K048 Wastewater August 8, 1990
K048 Nonwastewater November 8, 1990
K049 Wastewater August 8, 1990
K049 Nonwastewater November 8, 1990
K050 Wastewater August 8, 1990
K050 Nonwastewater November 8, 1990
K051 Wastewater August 8, 1990
K051 Nonwastewater November 8, 1990
K052 Wastewater August 8, 1990
K052 Nonwastewater November 8, 1990
K060 Wastewater August 8, 1990
K060 Nonwastewater August 8, 1988
K061 Wastewater August 8, 1990
K061 Nonwastewater June 30, 1992
K062 All August 8, 1988
K069 (non-calcium sulfate) Nonwastewater August 8, 1988
K069 All others August 8, 1990
K071 All August 8, 1990
K073 All August 8, 1990
K083 All August 8, 1990
K084 Wastewater August 8, 1990
K084 Nonwastewater May 8, 1992
K085 All August 8, 1990
K086 (organics)b All August 8, 1988
K086 All others August 8, 1988

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
K087 All August 8, 1988
K088 All others October 8, 1997
K088 All others January 8, 1997
K093 All June 8, 1989
K094 All June 8, 1989
K095 Wastewater August 8, 1990
K095 Nonwastewater June 8, 1989
K096 Wastewater August 8, 1990
K096 Nonwastewater June 8, 1989
K097 All August 8, 1990
K098 All August 8, 1990
K099 All August 8, 1988
K100 Wastewater August 8, 1990
K100 Nonwastewater August 8, 1988
K101 (organics) Wastewater August 8, 1988
K101 (metals) Wastewater August 8, 1990
K101 (organics) Nonwastewater August 8, 1988
K101 (metals) Nonwastewater May 8, 1992
K102 (organics) Wastewater August 8, 1988
K102 (metals) Wastewater August 8, 1990
K102 (organics) Nonwastewater August 8, 1988
K102 (metals) Nonwastewater May 8, 1992
K103 All August 8, 1988
K104 All August 8, 1988
K105 All August 8, 1990
K106 Wastewater August 8, 1990
K106 Nonwastewater May 8, 1992
K107 Mixed with radioactive wastes June 30, 1994
K107 All others November 9, 1992
K108 Mixed with radioactive wastes June 30, 1994
K108 All others November 9, 1992
K109 Mixed with radioactive wastes June 30, 1994
K109 All others November 9, 1992
K110 Mixed with radioactive wastes June 30, 1994

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
K110 All others November 9, 1992
K111 Mixed with radioactive wastes June 30, 1994
K111 All others November 9, 1992
K112 Mixed with radioactive wastes June 30, 1994
K112 All others November 9, 1992
K113 All June 8, 1989
K114 All June 8, 1989
K115 All June 8, 1989
K116 All June 8 , 1989
K117 Mixed with radioactive wastes June 30, 1994
K117 All others November 9, 1992
K118 Mixed with radioactive wastes June 30, 1994
K118 All others November 9, 1992
K123 Mixed with radioactive wastes June 30, 1994
K123 All others November 9, 1992
K124 Mixed with radioactive wastes June 30, 1994
K124 All others November 9, 1992
K125 Mixed with radioactive wastes June 30, 1994
K125 All others November 9, 1992
K126 Mixed with radioactive wastes June 30, 1994
K126 All others November 9, 1992
K131 Mixed with radioactive wastes June 30, 1994
K131 All others November 9, 1992
K132 Mixed with radioactive wastes June 30, 1994
K132 All others November 9, 1992
K136 Mixed with radioactive wastes June 30, 1994
K136 All others November 9, 1992
K141 Mixed with radioactive wastes September 19, 1996
K141 All others December 19, 1994
K142 Mixed with radioactive wastes September 19, 1996
K142 All others December 19, 1994
K143 Mixed with radioactive wastes September 19, 1996
K143 All others December 19, 1994
K144 Mixed with radioactive wastes September 19, 1996

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
K144 All others December 19, 1994
K145 Mixed with radioactive wastes September 19, 1996
K145 All others December 19, 1994
K147 Mixed with radioactive wastes September 19, 1996
K147 All others December 19, 1994
K148 Mixed with radioactive wastes September 19, 1996
K148 All others December 19, 1994
K149 Mixed with radioactive wastes September 19, 1996
K149 All others December 19, 1994
K150 Mixed with radioactive wastes September 19, 1996
K150 All others December 19, 1994
K151 Mixed with radioactive wastes September 19, 1996
K151 All others December 19, 1994
K156 Mixed with radioactive wastes April 8, 1998
K156 All others July 8, 1996
K157 Mixed with radioactive wastes April 8, 1998
K157 All others July 8, 1996
K158 Mixed with radioactive wastes April 8, 1998
K158 All others July 8, 1996
K159 Mixed with radioactive wastes April 8, 1998
K159 All others July 8, 1996
K160 Mixed with radioactive wastes April 8, 1998
K160 All others July 8, 1996
K161 Mixed with radioactive wastes April 8, 1998
K161 All others July 8, 1996
P001 All August 8, 1990
P002 All August 8, 1990
P003 All August 8, 1990
P004 All August 8, 1990
P005 All August 8, 1990
P006 All August 8, 1990
P007 All August 8, 1990
P008 All August 8, 1990
P009 All August 8, 1990

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
P010 Wastewater August 8, 1990
P010 Nonwastewater May 8, 1992
P011 Wastewater August 8, 1990
P011 Nonwastewater May 8, 1992
P012 Wastewater August 8, 1990
P012 Nonwastewater May 8, 1992
P013 (barium) Nonwastewater August 8, 1990
P013 All others June 8, 1989
P014 All August 8, 1990
P015 All August 8, 1990
P016 All August 8, 1990
P017 All August 8, 1990
P018 All August 8, 1990
P020 All August 8, 1990
P021 All June 8, 1989
P022 All August 8, 1990
P023 All August 8, 1990
P024 All August 8, 1990
P026 All August 8, 1990
P027 All August 8, 1990
P028 All August 8, 1990
P029 All June 8, 1989
P030 All June 8, 1989
P031 All August 8, 1990
P033 All August 8, 1990
P034 All August 8, 1990
P036 Wastewater August 8, 1990
P036 Nonwastewater May 8, 1992
P037 All August 8, 1990
P038 Wastewater August 8, 1990
P038 Nonwastewater May 8, 1992
P039 All June 8, 1989
P040 All June 8, 1989
P041 All June 8, 1989

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
P042 All August 8, 1990
P043 All June 8, 1989
P044 All June 8, 1989
P045 All August 8, 1990
P046 All August 8, 1990
P047 All August 8, 1990
P048 All August 8, 1990
P049 All August 8, 1990
P050 All August 8, 1990
P051 All August 8, 1990
P054 All August 8, 1990
P056 All August 8, 1990
P057 All August 8, 1990
P058 All August 8, 1990
P059 All August 8, 1990
P060 All August 8, 1990
P062 All June 8, 1989
P063 All June 8, 1989
P064 All August 8, 1990
P065 Wastewater August 8, 1990
P065 Nonwastewater May 8, 1992
P066 All August 8, 1990
P067 All August 8, 1990
P068 All August 8, 1990
P069 All August 8, 1990
P070 All August 8, 1990
P071 All June 8, 1989
P072 All August 8, 1990
P073 All August 8, 1990
P074 All June 8, 1989
P075 All August 8, 1990
P076 All August 8, 1990
P077 All August 8, 1990
P078 All August 8, 1990

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
P081 All August 8, 1990
P082 All August 8, 1990
P084 All August 8, 1990
P085 All June 8, 1989
P087 All May 8, 1992
P088 All August 8, 1990
P089 All June 8, 1989
P092 Wastewater August 8, 1990
P092 Nonwastewater May 8, 1992
P093 All August 8, 1990
P094 All June 8, 1989
P095 All August 8, 1990
P096 All August 8, 1990
P097 All June 8, 1989
P098 All June 8, 1989
P099 (silver) Wastewater August 8, 1990
P099 All others June 8, 1989
P101 All August 8, 1990
P102 All August 8, 1990
P103 All August 8, 1990
P104 (silver) Wastewater August 8, 1990
P104 All others June 8, 1989
P105 All August 8, 1990
P106 All June 8, 1989
P108 All August 8, 1990
P109 All June 8, 1989
P110 All August 8, 1990
P111 All June 8, 1989
P112 All August 8, 1990
P113 All August 8, 1990
P114 All August 8, 1990
P115 All August 8, 1990
P116 All August 8, 1990
P118 All August 8, 1990

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
P119 All August 8, 1990
P120 All August 8, 1990
P121 All June 8, 1989
P122 All August 8, 1990
P123 All August 8, 1990
P127 Mixed with radioactive wastes April 8, 1998
P127 All others July 8, 1996
P128 Mixed with radioactive wastes April 8, 1998
P128 All others July 8, 1996
P185 Mixed with radioactive wastes April 8, 1998
P185 All others July 8, 1996
P188 Mixed with radioactive wastes April 8, 1998
P188 All others July 8, 1996
P189 Mixed with radioactive wastes April 8, 1998
P189 All others July 8, 1996
P190 Mixed with radioactive wastes April 8, 1998
P190 All others July 8, 1996
P191 Mixed with radioactive wastes April 8, 1998
P191 All others July 8, 1996
P192 Mixed with radioactive wastes April 8, 1998
P192 All others July 8, 1996
P194 Mixed with radioactive wastes April 8, 1998
P194 All others July 8, 1996
P196 Mixed with radioactive wastes April 8, 1998
P196 All others July 8, 1996
P197 Mixed with radioactive wastes April 8, 1998
P197 All others July 8, 1996
P198 Mixed with radioactive wastes April 8, 1998
P198 All others July 8, 1996
P199 Mixed with radioactive wastes April 8, 1998
P199 All others July 8, 1996
P201 Mixed with radioactive wastes April 8, 1998
P201 All others July 8, 1996
P202 Mixed with radioactive wastes April 8, 1998

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
P202 All others July 8, 1996
P203 Mixed with radioactive wastes April 8, 1998
P203 All others July 8, 1996
P204 Mixed with radioactive wastes April 8, 1998
P204 All others July 8, 1996
P205 Mixed with radioactive wastes April 8, 1998
P205 All others July 8, 1996
U001 All August 8, 1990
U002 All August 8, 1990
U003 All August 8, 1990
U004 All August 8, 1990
U005 All August 8, 1990
U006 All August 8, 1990
U007 All August 8, 1990
U008 All August 8, 1990
U009 All August 8, 1990
U010 All August 8, 1990
U011 All August 8, 1990
U012 All August 8, 1990
U014 All August 8, 1990
U015 All August 8, 1990
U016 All August 8, 1990
U017 All August 8, 1990
U018 All August 8, 1990
U019 All August 8, 1990
U020 All August 8, 1990
U021 All August 8, 1990
U022 All August 8, 1990
U023 All August 8, 1990
U024 All August 8, 1990
U025 All August 8, 1990
U026 All August 8, 1990
U027 All August 8, 1990
U028 All June 8, 1989

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
U029 All August 8, 1990
U030 All August 8, 1990
U031 All August 8, 1990
U032 All August 8, 1990
U033 All August 8, 1990
U034 All August 8, 1990
U035 All August 8, 1990
U036 All August 8, 1990
U037 All August 8, 1990
U038 All August 8, 1990
U039 All August 8, 1990
U041 All August 8, 1990
U042 All August 8, 1990
U043 All August 8, 1990
U044 All August 8, 1990
U045 All August 8, 1990
U046 All August 8, 1990
U047 All August 8, 1990
U048 All August 8, 1990
U049 All August 8, 1990
U050 All August 8, 1990
U051 All August 8, 1990
U052 All August 8, 1990
U053 All August 8, 1990
U055 All August 8, 1990
U056 All August 8, 1990
U057 All August 8, 1990
U058 All June 8, 1989
U059 All August 8, 1990
U060 All August 8, 1990
U061 All August 8, 1990
U062 All August 8, 1990
U063 All August 8, 1990
U064 All August 8, 1990

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
U066 All August 8, 1990
U067 All August 8, 1990
U068 All August 8, 1990
U069 All June 30, 1992
U070 All August 8, 1990
U071 All August 8, 1990
U072 All August 8, 1990
U073 All August 8, 1990
U074 All August 8, 1990
U075 All August 8, 1990
U076 All August 8, 1990
U077 All August 8, 1990
U078 All August 8, 1990
U079 All August 8, 1990
U080 All August 8, 1990
U081 All August 8, 1990
U082 All August 8, 1990
U083 All August 8, 1990
U084 All August 8, 1990
U085 All August 8, 1990
U086 All August 8, 1990
U087 All June 8, 1989
U088 All June 8, 1989
U089 All August 8, 1990
U090 All August 8, 1990
U091 All August 8, 1990
U092 All August 8, 1990
U093 All August 8, 1990
U094 All August 8, 1990
U095 All August 8, 1990
U096 All August 8, 1990
U097 All August 8, 1990
U098 All August 8, 1990
U099 All August 8, 1990

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
U101 All August 8, 1990
U102 All June 8, 1989
U103 All August 8, 1990
U105 All August 8, 1990
U106 All August 8, 1990
U107 All June 8, 1989
U108 All August 8, 1990
U109 All August 8, 1990
U110 All August 8, 1990
U111 All August 8, 1990
U112 All August 8, 1990
U113 All August 8, 1990
U114 All August 8, 1990
U115 All August 8, 1990
U116 All August 8, 1990
U117 All August 8, 1990
U118 All August 8, 1990
U119 All August 8, 1990
U120 All August 8, 1990
U121 All August 8, 1990
U122 All August 8, 1990
U123 All August 8, 1990
U124 All August 8, 1990
U125 All August 8, 1990
U126 All August 8, 1990
U127 All August 8, 1990
U128 All August 8, 1990
U129 All August 8, 1990
U130 All August 8, 1990
U131 All August 8, 1990
U132 All August 8, 1990
U133 All August 8, 1990
U134 All August 8, 1990
U135 All August 8, 1990

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
U136 Wastewater August 8, 1990
U136 Nonwastewater May 8, 1992
U137 All August 8, 1990
U138 All August 8, 1990
U140 All August 8, 1990
U141 All August 8, 1990
U142 All August 8, 1990
U143 All August 8, 1990
U144 All August 8, 1990
U145 All August 8, 1990
U146 All August 8, 1990
U147 All August 8, 1990
U148 All August 8, 1990
U149 All August 8, 1990
U150 All August 8, 1990
U151 Wastewater August 8, 1990
U151 Nonwastewater May 8, 1992
U152 All August 8, 1990
U153 All August 8, 1990
U154 All August 8, 1990
U155 All August 8, 1990
U156 All August 8, 1990
U157 All August 8, 1990
U158 All August 8, 1990
U159 All August 8, 1990
U160 All August 8, 1990
U161 All August 8, 1990
U162 All August 8, 1990
U163 All August 8, 1990
U164 All August 8, 1990
U165 All August 8, 1990
U166 All August 8, 1990
U167 All August 8, 1990
U168 All August 8, 1990

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
U169 All August 8, 1990
U170 All August 8, 1990
U171 All August 8, 1990
U172 All August 8, 1990
U173 All August 8, 1990
U174 All August 8, 1990
U176 All August 8, 1990
U177 All August 8, 1990
U178 All August 8, 1990
U179 All August 8, 1990
U180 All August 8, 1990
U181 All August 8, 1990
U182 All August 8, 1990
U183 All August 8, 1990
U184 All August 8, 1990
U185 All August 8, 1990
U186 All August 8, 1990
U187 All August 8, 1990
U188 All August 8, 1990
U189 All August 8, 1990
U190 All June 8, 1989
U191 All August 8, 1990
U192 All August 8, 1990
U193 All August 8, 1990
U194 All June 8, 1989
U196 All August 8, 1990
U197 All August 8, 1990
U200 All August 8, 1990
U201 All August 8, 1990
U203 All August 8, 1990
U204 All August 8, 1990
U205 All August 8, 1990
U206 All August 8, 1990
U207 All August 8, 1990

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
U208 All August 8, 1990
U209 All August 8, 1990
U210 All August 8, 1990
U211 All August 8, 1990
U213 All August 8, 1990
U214 All August 8, 1990
U215 All August 8, 1990
U216 All August 8, 1990
U217 All August 8, 1990
U218 All August 8, 1990
U219 All August 8, 1990
U220 All August 8, 1990
U221 All June 8, 1989
U222 All August 8, 1990
U223 All June 8, 1989
U225 All August 8, 1990
U226 All August 8, 1990
U227 All August 8, 1990
U228 All August 8, 1990
U234 All August 8, 1990
U235 All June 8, 1989
U236 All August 8, 1990
U237 All August 8, 1990
U238 All August 8, 1990
U239 All August 8, 1990
U240 All August 8, 1990
U243 All August 8, 1990
U244 All August 8, 1990
U246 All August 8, 1990
U247 All August 8, 1990
U248 All August 8, 1990
U249 All August 8, 1990
U271 Mixed with radioactive wastes April 8, 1998
U271 All others July 8, 1996

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
U277 Mixed with radioactive wastes April 8, 1998
U277 All others July 8, 1996
U278 Mixed with radioactive wastes April. 8, 1998
U278 All others July 8, 1996
U279 Mixed with radioactive wastes April 8, 1998
U279 All others July 8, 1996
U280 Mixed with radioactive wastes April 8, 1998
U280 All others July 8, 1996
U328 Mixed with radioactive wastes June 30, 1994
U328 All others November 9, 1992
U353 Mixed with radioactive wastes June 30, 1994
U353 All others November 9, 1992
U359 Mixed with radioactive wastes June 30, 1994
U359 All others November 9, 1992
U364 Mixed with radioactive wastes April 8, 1998
U364 All others July 8, 1996
U365 Mixed with radioactive wastes April 8, 1998
U365 All others July 8, 1996
U366 Mixed with radioactive wastes April 8, 1998
U366 All others July 8, 1996
U367 Mixed with radioactive wastes April 8, 1998
U367 All others July 8, 1996
U372 Mixed with radioactive wastes April 8, 1998
U372 All others July 8, 1996
U373 Mixed with radioactive wastes April 8, 1998
U373 All others July 8, 1996
U375 Mixed with radioactive wastes April 8, 1998
U375 All others July 8, 1996
U376 Mixed with radioactive wastes April 8, 1998
U376 All others July 8, 1996
U377 Mixed with radioactive wastes April 8, 1998
U377 All others July 8, 1996
U378 Mixed with radioactive wastes April 8, 1998
U378 All others July 8, 1996

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
U379 Mixed with radioactive wastes April 8, 1998
U379 All others July 8, 1996
U381 Mixed with radioactive wastes April 8, 1998
U381 All others July 8, 1996
U382 Mixed with radioactive wastes April 8, 1998
U382 All others July 8, 1996
U383 Mixed with radioactive wastes April 8, 1998
U383 All others July 8, 1996
U384 Mixed with radioactive wastes April 8, 1998
U384 All others July 8, 1996
U385 Mixed with radioactive wastes April 8, 1998
U385 All others July 8, 1996
U386 Mixed with radioactive wastes April 8, 1998
U386 All others July 8, 1996
U387 Mixed with radioactive wastes April 8, 1998
U387 All others July 8, 1996
U389 Mixed with radioactive wastes April 8, 1998
U389 All others July 8, 1996
U390 Mixed with radioactive wastes April 8, 1998
U390 All others July 8, 1996
U391 Mixed with radioactive wastes April 8, 1998
U391 All others July 8, 1996
U392 Mixed with radioactive wastes April 8, 1998
U392 All others July 8, 1996
U393 Mixed with radioactive wastes April 8, 1998
U393 All others July 8, 1996
U394 Mixed with radioactive wastes April 8, 1998
U394 All others July 8, 1996
U395 Mixed with radioactive wastes April 8, 1998
U395 All others July 8, 1996
U396 Mixed with radioactive wastes April 8, 1998
U396 All others July 8, 1996
U400 Mixed with radioactive wastes April 8, 1998
U400 All others July 8, 1996

Land Disposal Restrictions Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1. Effective Dates of Surface Disposed Wastes (Non-Soil and Debris)
Regulated in the Land Disposal Restrictionsa - Comprehensive List
Waste Code Waste Category Effective Date
U401 Mixed with radioactive wastes April 8, 1998
U401 All others July 8, 1996
U402 Mixed with radioactive wastes April 8, 1998
U402 All others July 8, 1996
U403 Mixed with radioactive wastes April 8, 1998
U403 All others July 8, 1996
U404 Mixed with radioactive wastes April 8, 1998
U404 All others July 8, 1996
U407 Mixed with radioactive wastes April 8, 1998
U407 All others July 8, 1996
U409 Mixed with radioactive wastes April 8, 1998
U409 All others July 8, 1996
U410 Mixed with radioactive wastes April 8, 1998
U410 All others July 8, 1996
U411 Mixed with radioactive wastes April 8, 1998
U411 All others July 8, 1996
aThis table does not include mixed radioactive wastes (from the First, Second, and Third Third rules)
which received national capacity variance until May 8, 1992. This table also does not include
contaminated soil and debris wastes.
bThe standard was revised in the Third Third Final Rule (55 FR 22520, June 1, 1990).
cThe standard was revised in the Third Third Emergency Rule (58 FR 29860, May 24, 1993); the
original effective date was August 8, 1990.
dThe standard was revised in the Phase II Final Rule (59 FR 47982, September 19, 1994); the
original effective date was August 8, 1990.
eThe standards for selected reactive wastes was revised in the Phase III Final Rule (61 FR 15566,
April 8, 1996); the original effective date was August 8, 1990.

Table 2. Summary of Effective Dates of Land Disposal Restrictions for Contaminated Soil and Debris
Restricted Hazardous Waste in Contaminated Soil and Debris Effective Date
1. Solvent-(F001 through F005) and dioxin-(F020 through F023 and F026 through November 8, 1990
F028) containing soil and debris from CERCLA response or RCRA corrective
actions.
2. Soil and debris not from CERCLA response or RCRA corrective actions November 8, 1988
contaminated with less than 1% total solvents (F001 through F005) or dioxins
(F020 through F023 and F026 through F028).
3. All soil and debris contaminated with First Third wastes for which treatment August 8, 1990
standards are based on incineration.
4. All soil and debris contaminated with Second Third wastes for which treatment June 8, 1991
standards are based on incineration.
5. All soil and debris contaminated with Third Third wastes or, First or Second Third May 8, 1992
"soft hammer" wastes which had treatment standards promulgated in the Third
Third rule, for which treatment standards are based on incineration, vitrification, or
mercury retorting, acid leaching followed by chemical precipitation, or thermal
recovery of metals; as well as all inorganic solids debris contaminated with D004
through D011 wastes, and all soil and debris contaminated with mixed Resource
Conservation and Recovery Act/radioactive wastes.
6. Soil and debris contaminated with D012 through D043, K141 through K145, and December 19, 1994
K147 through K151 wastes.
7. Debris (only) contaminated with F037, F038, K107 through K112, K117, K118, December 19, 1994
K123 through K126, K131, K132, K136, U328, U353, U359.
8. Soil and debris contaminated with K156 through K161, P127, P128, P188 through July 8, 1996
P192, P194, P196 through P199, P201 through P205, U271, U277 through U280,
U364 through U367, U372, U373, U375 through U379, U381 through U387, U389
through U396, U400 through U404, U407, and U409 through U411 wastes.
9. Soil and debris contaminated with K088 wastes. October 8, 1997
10. Soil and debris contaminated with radioactive wastes mixed with K088, K156 April 8, 1998
through K161, P127, P128, P188 through P192, P194, P196 through P199, P201
through P205, U271, U277 through U280, U364 through U367, U372, U373, U375
through U379, U381 through U387, U389 through U396, U400 through U404,
U407, and U409 through U411 wastes.
11. Soil and debris contaminated with F032, F034, and F035. May 12, 1997
12. Soil and debris contaminated with newly identified D004 through D011 toxicity August 24, 1998
characteristic wastes and mineral processing wastes.
13. Soil and debris contaminated with mixed radioactive newly identified D004 through May 26, 2000
D011 characteristic wastes and mineral processing wastes.
Note: Appendix XI is provided for the convenience of the reader.

Ground Water Monitoring List
Common Name1 CAS RN2 Chemical Abstracts Service Index Name3
Acenaphthene.................................. 83-32-9 Acenaphthylene, 1,2-dihydro-
Acenaphthylene............................... 208-96-8 Acenaphthylene
Acetone............................................ 67-64-1 2-Propanone
Acetophenone.................................. 98-86-2 Ethanone, 1-phenyl-
Acetonitrile; Methyl cyanide............. 75-05-8 Acetonitrile
2-Acetylaminofluorene; 2-AAF......... 53-96-3 Acetamide, N-9H-fluoren-2-yl-
Acrolein............................................ 107-02-8 2-Propenal
Acrylonitrile...................................... 107-13-1 2-Propenenitrile
Aldrin................................................ 309-00-2 1,4:5,8-Dimethanonaphthalene,1,2,3,4,10,10-
hexachloro-,1,1,4,4a,5,8,8a-hexahydro- (1α,4 α,4αβ,5α,8α,8aβ)-
Allyl chloride..................................... 107-05-1 1-Propene, 3-chloro-
4-Aminobiphenyl.............................. 92-67-1 [1,1'-Biphenyl]-4-amine
Aniline.............................................. 62-53-3 Benzenamine
Anthracene....................................... 120-12-7 Anthracene
Antimony.......................................... (Total) Antimony
Aramite............................................. 140-57-8 Sulfurous acid, 2-chloroethyl 2-[4-(1,1-dimethylethyl)phenoxy]-1-
methylethyl ester
Arsenic............................................. (Total) Arsenic
Barium.............................................. (Total) Barium
Benzene........................................... 71-43-2 Benzene
Benzo[a]anthracene; 56-55-3 Benz[a]anthracene
Benzanthracene..............................
Benzo[b]fluoranthene....................... 205-99-2 Benz[e]acephenanthrylene
Benzo[k]fluoranthene....................... 207-08-9 Benzo[k]fluoranthene
Benzo[ghi]perylene.......................... 191-24-2 Benzo[ghi]perylene
Benzo[a]pyrene................................ 50-32-8 Benzo[a]pyrene
Benzyl alcohol.................................. 100-51-6 Benzenemethanol
Beryllium.......................................... (Total) Beryllium
alpha-BHC....................................... 319-84-6 Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1α,2α,3β,4α,5β,6β)-
beta-BHC......................................... 319-85-7 Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1α,2β,3α,4β,5α,6β)-
delta-BHC........................................ 319-86-8 Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1α,2α,3α,4β,5α,6β)-
gamma-BHC; Lindane...................... 58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1α,2α,3β,4α,5α,6β)-
Bis(2-chloroethoxy)methane............. 111-91-1 Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro-
Bis(2-chloroethyl)ether..................... 111-44-4 Ethane, 1,1'-oxybis[2-chloro-
Bis(2-chloro-1-methylethyl) ether; 108-60-1 Propane, 2,2'-oxybis[1-chloro-
2,2'-Dichlorodiisopropyl ether..........
Bis(2-ethylhexyl)phthalate................ 117-81-7 1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl)ester
Bromodichloromethane.................... 75-27-4 Methane, bromodichloro-
Bromoform; Tribromomethane......... 75-25-2 Methane, tribromo-

Common Name1 CAS RN2 Chemical Abstracts Service Index Name3
4-Bromophenyl phenyl ether............ 101-55-3 Benzene, 1-bromo-4-phenoxy-
Butyl benzyl phthalate; Benzyl 85-68-7 1,2-Benzenedicarboxylic acid, butyl phenylmethyl
butyl phthalate................................. ester
Cadmium.......................................... (Total) Cadmium
Carbon disulfide............................... 75-15-0 Carbon disulfide
Carbon tetrachloride......................... 56-23-5 Methane, tetrachloro-
Chlordane......................................... 57-74-9 4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-
hexahydro-
p-Chloroaniline................................. 106-47-8 Benzenamine, 4-chloro-
Chlorobenzene................................. 108-90-7 Benzene, chloro-
Chlorobenzilate................................ 510-15-6 Benzeneacetic acid, 4-chloro-α-(4-chlorophenyl)-α-hydroxy, ethyl
ester
p-Chloro-m-cresol............................ 59-50-7 Phenol, 4-chloro-3-methyl-
Chloroethane; Ethyl chloride............ 75-00-3 Ethane, chloro-
Chloroform....................................... 67-66-3 Methane, trichloro-
2-Chloronaphthalene....................... 91-58-7 Naphthalene, 2-chloro-
2-Chlorophenol................................ 95-57-8 Phenol, 2-chloro-
4-Chlorophenyl phenyl ether............ 7005-72-3 Benzene, 1-chloro-4-phenoxy-
Chloroprene..................................... 126-99-8 1,3-Butadiene, 2-chloro-
Chromium........................................ (Total) Chromium
Chrysene.......................................... 218-01-9 Chrysene
Cobalt............................................... (Total) Cobalt
Copper............................................. (Total) Copper
m-Cresol.......................................... 108-39-4 Phenol, 3-methyl-
o-Cresol........................................... 95-48-7 Phenol, 2-methyl-
p-Cresol........................................... 106-44-5 Phenol, 4-methyl-
Cyanide............................................ 57-12-5 Cyanide
2,4-D; 2,4-Dichlorophenoxyacetic 94-75-7 Acetic acid, (2,4-dichlorophenoxy)-
acid..................................................
4,4'-DDD........................................... 72-54-8 Benzene 1,1'-(2,2-dichloroethylidene)bis[4-chloro-
4,4'-DDE........................................... 72-55-9 Benzene 1,1'-(dichloroethylidene)bis[4-chloro-
4,4'-DDT........................................... 50-29-3 Benzene 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro-
Diallate............................................. 2303-16-4 Carbamothioic acid, bis(1-methylethyl)-, S- (2,3-dichloro-2-
propenyl) ester
Dibenz[a,h]anthracene..................... 53-70-3 Dibenz[a,h]anthracene
Dibenzofuran.................................... 132-64-9 Dibenzofuran
Dibromochloromethane; Chlorodi- 124-48-1 Methane, dibromochloro-
bromomethane................................
1,2-Dibromo-3-chloropropane; 96-12-8 Propane, 1,2-dibromo-3-chloro-
1,2-Dibromoethane; Ethylene 106-93-4 Ethane, 1,2-dibromo-
dibromide........................................
Di-n-butyl phthalate.......................... 84-74-2 1,2-Benzenedicarboxylic acid, dibutyl ester

Common Name1 CAS RN2 Chemical Abstracts Service Index Name3
o-Dichlorobenzene........................... 95-50-1 Benzene, 1,2-dichloro-
m-Dichlorobenzene.......................... 541-73-1 Benzene, 1,3-dichloro-
p-Dichlorobenzene........................... 106-46-7 Benzene, 1,4-dichloro-
3,3'-Dichlorobenzidine..................... 91-94-1 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-
trans-1,4-Dichloro-2-butene............. 110-57-6 2-Butene, 1,4-dichloro-, (E)-
Dichlorodifluoromethane.................. 75-71-8 Methane, dichlorodifluoro-
1,1-Dichloroethane.......................... 75-34-3 Ethane, 1,1-dichloro-
1,2-Dichloroethane; Ethylene 107-06-2 Ethane, 1,2-dichloro-
dichloride.........................................
1,1-Dichloroethylene; Vinylidene 75-35-4 Ethene, 1,1-dichloro-
chloride............................................
trans-1,2-Dichloroethylene............... 156-60-5 Ethene, 1,2-dichloro-, (E)-
2,4-Dichlorophenol........................... 120-83-2 Phenol, 2,4-dichloro-
2,6-Dichlorophenol........................... 87-65-0 Phenol, 2,6-dichloro-
1,2-Dichloropropane......................... 78-87-5 Propane, 1,2-dichloro-
cis-1,3-Dichloropropene................... 10061-01-5 1-Propene, 1,3-dichloro-, (Z)-
trans-1,3-Dichloropropene............... 10061-02-6 1-Propene, 1,3-dichloro-, (E)-
Dieldrin............................................. 60-57-1 2,7:3,6-Dimethanonaphth[2,3-]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,(1aα,2β,2aα,3β,6β,6aα,7β,7aα)-
Diethyl phthalate.............................. 84-66-2 1,2-Benzenedicarboxylic acid, diethyl ester
O,O-Diethyl O-2-pyrazinyl phos- 297-97-2 Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester
phorothioate; Thionazin...................
Dimethoate....................................... 60-51-5 Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-
oxoethyl] ester
p-(Dimethylamino)azobenzene........ 60-11-7 Benzenamine, N,N-dimethyl-4-(phenylazo)-
7,12-Dimethylbenz[a]anthracene..... 57-97-6 Benz[a]anthracene, 7,12-dimethyl-
3,3'-Dimethylbenzidine..................... 119-93-7 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-
alpha,alpha- 122-09-8 Benzeneethanamine, α,α-dimethyl-
Dimethylphenethylamine................
2,4-Dimethylphenol.......................... 105-67-9 Phenol, 2,4-dimethyl-
Dimethyl phthalate........................... 131-11-3 1,2-Benzenedicarboxylic acid, dimethyl ester
m-Dinitrobenzene............................. 99-65-0 Benzene, 1,3-dinitro-
4,6-Dinitro-o-cresol........................... 534-52-1 Phenol, 2-methyl-4,6-dinitro-
2,4-Dinitrophenol.............................. 51-28-5 Phenol, 2,4-dinitro-
2,4-Dinitrotoluene............................. 121-14-2 Benzene, 1-methyl-2,4-dinitro-
2,6-Dinitrotoluene............................. 606-20-2 Benzene, 2-methyl-1,3-dinitro-
Dinoseb; DNBP; 2-sec-Butyl-4,6- 88-85-7 Phenol, 2-(1-methylpropyl)-4,6-dinitro-
dinitrophenol....................................
Di-n-octyl phthalate.......................... 117-84-0 1,2-Benzenedicarboxylic acid, dioctyl ester
1,4-Dioxane...................................... 123-91-1 1,4-Dioxane
Diphenylamine................................. 122-39-4 Benzenamine, N-phenyl-
Disulfoton......................................... 298-04-4 Phosphorodi thioic acid, O,O-diethyl S-[2-(ethylthio)ethyl]ester

Common Name1 CAS RN2 Chemical Abstracts Service Index Name3
Endosulfan I..................................... 959-98-8 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-
1,5,5a,6,9,9a-hexahydro-, 3-oxide,(3α,5aβ,6α,9α,9aβ)-
Endosulfan II.................................... 33213-65-9 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-
1,5,5a,6,9,9a-hexahydro-, 3-oxide,(3α,5aα,6β,9β,9aα)-
Endosulfan sulfate............................ 1031-07-8 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-
1,5,5a,6,9,9a-hexahydro-, 3,3-dioxide
Endrin............................................... 72-20-8 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,(1aα,2β,2aβ,3α,6α,6aβ,7β,7aα)-
Endrin aldehyde............................... 7421-93-4 1,2,4-Methenocyclopenta[cd]pentalene-5-carboxalde-hyde,
2,2a,3,3,4,7-hexachlorodecahydro-,
(1α,2β,2aβ,4β,4aβ,5β,6aβ,6bβ,7R*)-
Ethylbenzene................................... 100-41-4 Benzene, ethyl-
Ethyl methacrylate............................ 97-63-2 2-Propenoic acid, 2-methyl-, ethyl ester
Ethyl methanesulfonate.................... 62-50-0 Methanesulfonic acid, ethyl ester
Famphur........................................... 52-85-7 Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl]-O,O-
dimethyl ester
Fluoranthene.................................... 206-44-0 Fluoranthene
Fluorene........................................... 86-73-7 9H-Fluorene
Heptachlor........................................ 76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-
tetrahydro-
Heptachlor epoxide.......................... 1024-57-3 2,5-Methano-2H-indeno[1,2-b]oxirene, 2,3,4,5,6,7,7-tachloro-
1a,1b,5,5a,6,6a,-hexahydro-,(1aα,1bβ,2α,5α,5aβ,6β,6aα)
Hexachlorobenzene......................... 118-74-1 Benzene, hexachloro-
Hexachlorobutadiene....................... 87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
Hexachlorocyclopentadiene............. 77-47-4 1,3 Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
Hexachloroethane............................ 67-72-1 Ethane, hexachloro-
Hexachlorophene............................. 70-30-4 Phenol, 2,2'-methylenebis[3,4,6-trichloro-
Hexachloropropene.......................... 1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloro-
2-Hexanone...................................... 591-76-6 2-Hexanone
Indeno(1,2,3-cd)pyrene.................... 193-39-5 Indeno[1,2,3-cd]pyrene
Isobutyl alcohol................................ 78-83-1 1-Propanol, 2-methyl-
Isodrin.............................................. 465-73-6 1,4,5,8-Dimethanonaphthalene,1,2,3,4,10,10-hexachloro-
1,4,4a,5,8,8a hexahydro-(1α,4α,4aβ,5β,8β,8aβ)-
Isophorone....................................... 78-59-1 2-Cyclohexen-1-one, 3,5,5-trimethyl-
Isosafrole......................................... 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)-
Kepone............................................. 143-50-0 1,3,4-Metheno-2H-cyclobuta-[cd]pentalen-2-
one,1,1a,3,3a,4,5,5,5a,5b,6-decachloroctahydro-
Lead................................................. (Total) Lead
Mercury............................................ (Total) Mercury
Methacrylonitrile............................... 126-98-7 2-Propenenitrile, 2-methyl-
Methapyrilene................................... 91-80-5 1,2,Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-
thienylmethyl)-
Methoxychlor.................................... 72-43-5 Benzene, 1,1'-(2,2,2,trichloroethylidene)bis[4- methoxy-
Methyl bromide; Bromomethane...... 74-83-9 Methane, bromo-
Methyl chloride; Chloromethane....... 74-87-3 Methane, chloro-
3-Methylcholanthrene....................... 56-49-5 Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-

Common Name1 CAS RN2 Chemical Abstracts Service Index Name3
Methylene bromide; Dibromomethane 74-95-3 Methane, dibromo-
Methylene chloride; Dichloromethane 75-09-2 Methane, dichloro-
Methyl ethyl ketone, MEK................. 78-93-3 2-Butanone
Methyl iodide; lodomethane............. 74-88-4 Methane, iodo-
Methyl methacrylate......................... 80-62-6 2-Propenoic acid, 2-methyl-, methyl ester
Methyl methanesulfonate................. 66-27-3 Methanesulfonic acid, methyl ester
2-Methylnaphthalene........................ 91-57-6 Naphthalene, 2-methyl-
Methyl parathion; Parathion methyl.. 298-00-0 Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl)ester
4-Methyl-2-pentanone; Methyl 108-10-1 2-Pentanone, 4-methyl-
isobutyl ketone................................
Naphthalene..................................... 91-20-3 Naphthalene
1,4-Naphthoquinone......................... 130-15-4 1,4-Naphthalenedione
1-Naphthylamine.............................. 134-32-7 1-Naphthalenamine
2-Naphthylamine.............................. 91-59-8 2-Naphthalenamine
Nickel............................................... (Total) Nickel
o-Nitroaniline.................................... 88-74-4 Benzenamine, 2-nitro-
m-Nitroaniline................................... 99-09-2 Benzenamine, 3-nitro-
p-Nitroaniline.................................... 100-01-6 Benzenamine, 4-nitro-
Nitrobenzene.................................... 98-95-3 Benzene, nitro-
o-Nitrophenol................................... 88-75-5 Phenol, 2-nitro-
p-Nitrophenol................................... 100-02-7 Phenol, 4-nitro-
4-Nitroquinoline 1-oxide................... 56-57-5 Quinoline, 4-nitro, 1-oxide
N-Nitrosodi-n-butylamine................. 924-16-3 1-Butanamine, N-butyl-N-nitroso-
N-Nitrosodiethylamine...................... 55-18-5 Ethanamine, N-ethyl-N-nitroso-
N-Nitrosodimethylamine................... 62-75-9 Methanamine, N-methyl-N-nitroso-
N-Nitrosodiphenylamine................... 86-30-6 Benzenamine, N-nitroso-N-phenyl
N-Nitrosodipropylamine; Di-n- 621-64-7 1-Propanamine, N-nitroso-N-propyl-
propylnitrosamine............................
N-Nitrosomethylethylamine.............. 10595-95-6 Ethanamine, N-methyl-N-nitroso-
N-Nitrosomorpholine........................ 59-89-2 Morpholine, 4-nitroso-
N-Nitrosopiperidine.......................... 100-75-4 Piperidine, 1-nitroso-
N-Nitrosopyrrolidine......................... 930-55-2 Pyrrolidine, 1-nitroso-
5-Nitro-o-toluidine............................ 99-55-8 Benzenamine, 2-methyl-5-nitro-
Parathion.......................................... 56-38-2 Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl)ester
Polychlorinated biphenyls; PCBs..... See Note 4 1,1'-Biphenyl, chloro derivatives
Polychlorinated dibenzo-p- See Note 5 Dibenzo[b,e][1,4]dioxin, chloro derivatives
dioxins; PCDDs...............................
Polychlorinated dibenzofurans; See Note 6 Dibenzofuran, chloro derivatives
PCDFs.............................................
Pentachlorobenzene........................ 608-93-5 Benzene, pentachloro-
Pentachloroethane........................... 76-01-7 Ethane, pentachloro-
Pentachloronitrobenzene................. 82-68-8 Benzene, pentachloronitro-

Common Name1 CAS RN2 Chemical Abstracts Service Index Name3
Pentachlorophenol........................... 87-86-5 Phenol, pentachloro-
Phenacetin....................................... 62-44-2 Acetamide, N-(4-ethoxyphenyl)
Phenanthrene.................................. 85-01-8 Phenanthrene
Phenol.............................................. 108-95-2 Phenol
p-Phenylenediamine........................ 106-50-3 1,4-Benzenediamine
Phorate............................................ 298-02-2 Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl]ester
2-Picoline......................................... 109-06-8 Pyridine, 2-methyl-
Pronamide........................................ 23950-58-5 Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-
Propionitrile; Ethyl cyanide............... 107-12-0 Propanenitrile
Pyrene.............................................. 129-00-0 Pyrene
Pyridine............................................ 110-86-1 Pyridine
Safrole.............................................. 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)-
Selenium.......................................... (Total) Selenium
Silver................................................ (Total) Silver
Silvex; 2,4,5-TP................................ 93-72-1 Propanoic acid, 2-(2,4,5-trichlorophenoxy)-
Styrene............................................. 100-42-5 Benzene, ethenyl-
Sulfide.............................................. 18496-25-8 Sulfide
2,4,5-T; 2,4,5-Trichlorophenoxy- 93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)-
acetic acid.......................................
2,3,7,8-TCDD; 2,3,7,8-Tetrachloro- 1746-01-6 Dibenzo[b,e][1,4]dioxin, 2,3,7,8-tetrachloro-
dibenzo-p-dioxin..............................
1,2,4,5-Tetrachlorobenzene............. 95-94-3 Benzene, 1,2,4,5-tetrachloro-
1,1,1,2-Tetrachloroethane................ 630-20-6 Ethane, 1,1,1,2-tetrachloro-
1,1,2,2-Tetrachloroethane................ 79-34-5 Ethane, 1,1,2,2-tetrachloro-
Tetrachloroethylene; Perchloro- 127-18-4 Ethene, tetrachloro-
ethylene; Tetrachloroethene...........
2,3,4,6-Tetrachlorophenol................ 58-90-2 Phenol, 2,3,4,6-tetrachloro-
Tetraethyl dithiopyrophosphate; 3689-24-5 Thiodiphosphoric acid ([(HO) P(S)] O), tetraethyl
2 2
Sulfotepp......................................... ester
Thallium........................................... (Total) Thallium
Tin.................................................... (Total) Tin
Toluene............................................ 108-88-3 Benzene, methyl-
o-Toluidine....................................... 95-53-4 Benzenamine, 2-methyl-
Toxaphene....................................... 8001-35-2 Toxaphene
1,2,4-Trichlorobenzene.................... 120-82-1 Benzene, 1,2,4-trichloro-
1,1,1-Trichloroethane; 71-55-6 Ethane, 1,1,1-trichloro-
Methylchloroform.............................
1,1,2-Trichloroethane....................... 79-00-5 Ethane, 1,1,2-trichloro-
Trichloroethylene; Trichloroethene... 79-01-6 Ethene, trichloro-
Trichlorofluoromethane.................... 75-69-4 Methane, trichlorofluoro-
2,4,5-Trichlorophenol....................... 95-95-4 Phenol, 2,4,5-trichloro-
2,4,6-Trichlorophenol....................... 88-06-2 Phenol, 2,4,6-trichloro-

Common Name1 CAS RN2 Chemical Abstracts Service Index Name3
1,2,3-Trichloropropane..................... 96-18-4 Propane, 1,2,3-trichloro-
O,O,O-Triethyl phosphorothioate..... 126-68-1 Phosphorothioic acid, O,O,O-triethyl ester
sym-Trinitrobenzene......................... 99-35-4 Benzene, 1,3,5-trinitro-
Vanadium......................................... (Total) Vanadium
Vinyl acetate..................................... 108-05-4 Acetic acid, ethenyl ester
Vinyl chloride.................................... 75-01-4 Ethene, chloro-
Xylene (total).................................... 1330-20-7 Benzene, dimethyl-
Zinc.................................................. (Total) Zinc
1Common names are those widely used in government regulations, scientific publications, and commerce; synonyms
exist for many chemicals.
2Chemical Abstracts Service registry number. Where "Total" is entered, all species in the ground water that contain
this element are included.
3CAS index names are those used in the 9th Cumulative Index.
4Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents of
Aroclor-1016 (CAS RN 12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN 11141-16-5),
Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and
Aroclor-1260 (CAS RN 11096-82-5).
5This category contains congener chemicals, including tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD),
pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins.
6This category contains congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and
hexachlorodibenzofurans.

Land Disposal Restriction Effective Dates of Injected Prohibited Hazardous Wastes
National Capacity Land Disposal Restrictions Variances for Underground Injection Control
Wastesa
Waste Code Waste Category Effective Date
F001-F005 All spent F001-F005 solvent containing less than August 8, 1990
1 percent total F001-F005 solvent constituents
D001 (except high total All February 10, 1994
organic carbon ignitable
liquids subcategory)
D001 (high total organic Nonwastewater September 19, 1995
carbon ignitable liquids
subcategory)
D002b All May 8, 1992
D002c All May 8, 1992
D003 (cyanides) All May 8, 1992
D003 (sulfides) All May 8, 1992
D003 (explosives, reactives) All September 10, 1995
D007 All September 10, 1995
D009 Non. September 10, 1995
D012 All September 19, 1995
D013 All September 19, 1995
D014 All September 19, 1995
D015 All September 19, 1995
D016 All September 19, 1995
D017 All, including mixed with radioactive wastes April 8, 1998
D018 All, including mixed with radioactive wastes April 8, 1998
D019 All, including mixed with radioactive wastes April 8, 1998
D020 All, including mixed with radioactive wastes April 8, 1998
D021 All, including mixed with radioactive wastes April 8, 1998
D022 All, including mixed radioactive wastes April 8, 1998
D023 All, including mixed radioactive wastes April 8, 1998
D024 All, including mixed radioactive wastes April 8, 1998
D025 All, including mixed radioactive wastes April 8, 1998
D026 All, including mixed radioactive wastes April 8, 1998
D027 All, including mixed radioactive wastes April 8, 1998
D028 All, including mixed radioactive wastes April 8, 1998
D029 All, including mixed radioactive wastes April 8, 1998
D030 All, including mixed radioactive wastes April 8, 1998
D031 All, including mixed radioactive wastes April 8, 1998
D032 All, including mixed radioactive wastes April 8, 1998

Land Disposal Restriction Effective Dates of Injected Prohibited Hazardous Wastes
National Capacity Land Disposal Restrictions Variances for Underground Injection Control
Wastesa
Waste Code Waste Category Effective Date
D033 All, including mixed radioactive wastes April 8, 1998
D034 All, including mixed radioactive wastes April 8, 1998
D035 All, including mixed radioactive wastes April 8, 1998
D036 All, including mixed radioactive wastes April 8, 1998
D037 All, including mixed radioactive wastes April 8, 1998
D038 All, including mixed radioactive wastes April 8, 1998
D039 All, including mixed radioactive wastes April 8, 1998
D040 All, including mixed radioactive wastes April 8, 1998
D041 All, including mixed radioactive wastes April 8, 1998
D042 All, including mixed radioactive wastes April 8, 1998
D043 All, including mixed radioactive wastes April 8, 1998
F007 All, including mixed radioactive wastes April 8, 1998
F032 All, including mixed radioactive wastes May 12, 1999
F034 All, including mixed radioactive wastes May 12, 1999
F035 All, including mixed radioactive wastes May 12, 1999
F037 All November 8, 1992
F038 All November 8, 1992
F039 All, including mixed radioactive wastes May 12, 1999
K009 Wastewater June 8, 1991
K011 Nonwastewater June 8, 1991
K011 Wastewater May 8, 1992
K013 Nonwastewater June 8, 1991
K013 Wastewater May 8, 1992
K014 All May 8, 1992
K016 (dilute) All June 8, 1991
K049 All August 8, 1990
K050 All August 8, 1990
K051 All August 8, 1990
K052 All August 8, 1990
K062 All January 8, 1997
K071 All August 8, 1990
K088 All November 8, 1992
K104 All November 9, 1992
K107 All November 9, 1992
K108 All November 9, 1992
K109 All November 9, 1992

Land Disposal Restriction Effective Dates of Injected Prohibited Hazardous Wastes
National Capacity Land Disposal Restrictions Variances for Underground Injection Control
Wastesa
Waste Code Waste Category Effective Date
K110 All November 9, 1992
K111 All November 9, 1992
K112 All June 30, 1995
K117 All June 30, 1995
K118 All November 9, 1992
K123 All November 9, 1992
K124 All November 9, 1992
K125 All November 9, 1992
K126 All November 9, 1992
K131 All June 30, 1995
K132 All November 9, 1992
K136 All December 19, 1994
K141 All December 19, 1994
K142 All December 19, 1994
K143 All December 19, 1994
K144 All December 19, 1994
K145 All December 19, 1994
K147 All December 19, 1994
K148 All December 19, 1994
K149 All December 19, 1994
K150 All December 19, 1994
K151 All July 8, 1996
K156 All July 8, 1996
K157 All July 8, 1996
K158 All July 8, 1996
K159 All July 8, 1996
K160 All July 8, 1996
K161 All July 8, 1996
NA Newly identified mineral processing wastes from May 26, 2000
titanium dioxide production and mixed radioactive,
newly identified D004 through D011 characteristic
wastes and mineral processing wastes
P127 All July 8, 1996
P128 All July 8, 1996
P185 All July 8, 1996
P188 All July 8, 1996
P189 All July 8, 1996

Land Disposal Restriction Effective Dates of Injected Prohibited Hazardous Wastes
National Capacity Land Disposal Restrictions Variances for Underground Injection Control
Wastesa
Waste Code Waste Category Effective Date
P190 All July 8, 1996
P191 All July 8, 1996
P192 All July 8, 1996
P194 All July 8, 1996
P196 All July 8, 1996
P197 All July 8, 1996
P198 All July 8, 1996
P199 All July 8, 1996
P201 All July 8, 1996
P202 All July 8, 1996
P203 All July 8, 1996
P204 All July 8, 1996
P205 All July 8, 1996
U271 All July 8, 1996
U277 All July 8, 1996
U278 All July 8, 1996
U279 All July 8, 1996
U280 All July 8, 1996
U328 All November 9, 1992
U353 All November 9, 1992
U359 All November 9, 1992
U364 All July 8, 1996
U365 All July 8, 1996
U366 All July 8, 1996
U367 All July 8, 1996
U372 All July 8, 1996
U373 All July 8, 1996
U375 All July 8, 1996
U376 All July 8, 1996
U377 All July 8, 1996
U378 All July 8, 1996
U379 All July 8, 1996
U381 All July 8, 1996
U382 All July 8, 1996
U383 All July 8, 1996
U384 All July 8, 1996

Land Disposal Restriction Effective Dates of Injected Prohibited Hazardous Wastes
National Capacity Land Disposal Restrictions Variances for Underground Injection Control
Wastesa
Waste Code Waste Category Effective Date
U385 All July 8, 1996
U386 All July 8, 1996
U387 All July 8, 1996
U389 All July 8, 1996
U390 All July 8, 1996
U391 All July 8, 1996
U392 All July 8, 1996
U395 All July 8, 1996
U396 All July 8, 1996
U400 All July 8, 1996
U401 All July 8, 1996
U402 All July 8, 1996
U403 All July 8, 1996
U404 All July 8, 1996
U407 All July 8, 1996
U409 All July 8, 1996
U410 All July 8, 1996
U411 All July 8, 1996
aWastes that are deep well disposed onsite receive a six-month variance, with restrictions effective in November
1990.
bDeep well injected D002 liquids with a pH less than 2 must meet the California List treatment standards on August 8,
1990.
cManaged in systems defined in 40 CFR 144.6(e) and 14.6(e) as Class V injection wells, that do not engage in Clean
Water Act-equivalent treatment before injection.
Note: This table is provided for the convenience of the reader.

[Reserved]

[Reserved]

Tier I and Tier II Feed Rate and Emissions Screening Limits for Metals
Table I-A. Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic
Metals for Facilities in Noncomplex Terrain
Values for Urban Areas
TESH Antimony Barium Lead Mercury Silver Thallium
(m) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr)
4 6.0E+01 1.0E+04 1.8E+01 6.0E+01 6.0E+02 6.0E+01
6 6.8E+01 1.1E+04 2.0E+01 6.8E+01 6.8E+02 6.8E+01
8 7.6E+01 1.3E+04 2.3E+01 7.6E+01 7.6E+02 7.6E+01
10 8.6E+01 1.4E+04 2.6E+01 8.6E+01 8.6E+02 8.6E+01
12 9.6E+01 1.7E+04 3.0E+01 9.6E+01 9.6E+02 9.6E+01
14 1.1E+02 1.8E+04 3.4E+01 1.1E+02 1.1E+03 1.1E+02
16 1.3E+02 2.1E+04 3.6E+01 1.3E+02 1.3E+03 1.3E+02
18 1.4E+02 2.4E+04 4.3E+01 1.4E+02 1.4E+03 1.4E+02
20 1.6E+02 2.7E+04 4.6E+01 1.6E+02 1.6E+03 1.6E+02
22 1.8E+02 3.0E+04 5.4E+01 1.8E+02 1.8E+03 1.8E+02
24 2.0E+02 3.4E+04 6.0E+01 2.0E+02 2.0E+03 2.0E+02
26 2.3E+02 3.9E+04 6.8E+01 2.3E+02 2.3E+03 2.3E+02
28 2.6E+02 4.3E+04 7.8E+01 2.6E+02 2.6E+03 2.6E+02
30 3.0E+02 5.0E+04 9.0E+01 3.0E+02 3.0E+03 3.0E+02
35 4.0E+02 6.6E+04 1.1E+02 4.0E+02 4.0E+03 4.0E+02
40 4.6E+02 7.8E+04 1.4E+02 4.6E+02 4.6E+03 4.6E+02
45 6.0E+02 1.0E+05 1.8E+02 6.0E+02 6.0E+03 6.0E+02
50 7.8E+02 1.3E+05 2.3E+02 7.8E+02 7.8E+03 7.8E+02
55 9.6E+02 1.7E+05 3.0E+02 9.6E+02 9.6E+03 9.6E+02
60 1.2E+03 2.0E+05 3.6E+02 1.2E+03 1.2E+04 1.2E+03
65 1.5E+03 2.5E+05 4.3E+02 1.5E+03 1.5E+04 1.5E+03
70 1.7E+03 2.8E+05 5.0E+02 1.7E+03 1.7E+04 1.7E+03
75 1.9E+03 3.2E+05 5.8E+02 1.9E+03 1.9E+04 1.9E+03
80 2.2E+03 3.6E+05 6.4E+02 2.2E+03 2.2E+04 2.2E+04
85 2.5E+03 4.0E+05 7.6E+02 2.5E+03 2.5E+04 2.5E+03
90 2.8E+03 4.6E+05 8.2E+02 2.8E+03 2.8E+04 2.8E+03
95 3.2E+03 5.4E+05 9.6E+02 3.2E+03 3.2E+04 3.2E+03
100 3.6E+03 6.0E+05 1.1E+03 3.6E+03 3.6E+04 3.6E+03
105 4.0E+03 6.8E+05 1.2E+03 4.0E+03 4.0E+04 4.0E+03

Table I-A. Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic
Metals for Facilities in Noncomplex Terrain
Values for Urban Areas
TESH Antimony Barium Lead Mercury Silver Thallium
(m) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr)
110 4.6E+03 7.8E+05 1.4E+03 4.6E+03 4.6E+04 4.6E+03
115 5.4E+03 8.6E+05 1.6E+03 5.4E+03 5.4E+04 5.4E+03
120 6.0E+03 1.0E+06 1.8E+03 6.0E+03 6.0E+04 6.0E+03
Table I-B. Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic
Metals for Facilities in Noncomplex Terrain
Values for Rural Areas
TESH Antimony Barium Lead Mercury Silver Thallium
(m) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr)
4 3.1E+01 5.2E+03 9.4E+00 3.1E+01 3.1E+02 3.1E+01
6 3.6E+01 6.0E+03 1.1E+01 3.6E+01 3.6E+02 3.6E+01
8 4.0E+01 6.8E+03 1.2E+01 4.0E+01 4.0E+02 4.0E+01
10 4.6E+01 7.8E+03 1.4E+01 4.6E+01 4.6E+02 4.6E+01
12 5.8E+01 9.6E+03 1.7E+01 5.8E+01 5.8E+02 5.8E+01
14 6.8E+01 1.1E+04 2.1E+01 6.8E+01 6.8E+02 6.8E+01
16 8.6E+01 1.4E+04 2.6E+01 8.6E+01 8.6E+02 8.6E+01
18 1.1E+02 1.8E+04 3.2E+01 1.1E+02 1.1E+03 1.1E+02
20 1.3E+02 2.2E+04 4.0E+01 1.3E+02 1.3E+03 1.3E+02
22 1.7E+02 2.8E+04 5.0E+01 1.7E+02 1.7E+03 1.7E+02
24 2.2E+02 3.6E+04 6.4E+01 2.2E+02 2.2E+03 2.2E+02
26 2.8E+02 4.6E+04 8.2E+01 2.8E+02 2.8E+03 2.8E+02
28 3.5E+02 5.8E+04 1.0E+02 3.5E+02 3.5E+03 3.5E+02
30 4.3E+02 7.6E+04 1.3E+02 4.3E+02 4.3E+03 4.3E+02
35 7.2E+02 1.2E+05 2.1E+02 7.2E+02 7.2E+03 7.2E+02
40 1.1E+03 1.8E+05 3.2E+02 1.1E+03 1.1E+04 1.1E+03
45 1.5E+03 2.5E+05 4.6E+02 1.5E+03 1.5E+04 1.5E+03
50 2.0E+03 3.3E+05 6.0E+02 2.0E+03 2.0E+04 2.0E+03
55 2.6E+03 4.4E+05 7.8E+02 2.6E+03 2.6E+04 2.6E+03
60 3.4E+03 5.8E+05 1.0E+03 3.4E+03 3.4E+04 3.4E+03
65 4.6E+03 7.6E+05 1.4E+03 4.6E+03 4.6E+04 4.6E+03
70 5.4E+03 9.0E+05 1.6E+03 5.4E+03 5.4E+04 5.4E+03
75 6.4E+03 1.1E+06 1.9E+03 6.4E+03 6.4E+04 6.4E+03

Table I-B. Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic
Metals for Facilities in Noncomplex Terrain
Values for Rural Areas
TESH Antimony Barium Lead Mercury Silver Thallium
(m) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr)
80 7.6E+03 1.3E+06 2.3E+03 7.6E+03 7.6E+04 7.6E+03
85 9.4E+03 1.5E+06 2.8E+03 9.4E+03 9.4E+04 9.4E+03
90 1.1E+04 1.8E+06 3.3E+03 1.1E+04 1.1E+05 1.1E+04
95 1.3E+04 2.2E+06 3.9E+03 1.3E+04 1.3E+05 1.3E+04
100 1.5E+04 2.6E+06 4.6E+03 1.5E+04 1.5E+05 1.5E+04
105 1.8E+04 3.0E+06 5.4E+03 1.8E+04 1.8E+05 1.8E+04
110 2.2E+04 3.6E+06 6.6E+03 2.2E+04 2.2E+05 2.2E+04
115 2.6E+04 4.4E+06 7.8E+03 2.6E+04 2.6E+05 2.6E+04
120 3.1E+04 5.0E+06 9.2E+03 3.1E+04 3.1E+05 3.1E+04
Table I-C. Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic
Metals for Facilities in Complex Terrain
Values for Urban and Rural Areas
TESH Antimony Barium Lead Mercury Silver Thallium
(m) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr)
4 1.4E+01 2.4E+03 4.3E+00 1.4E+01 1.4E+02 1.4E+01
6 2.1E+01 3.5E+03 6.2E+00 2.1E+01 2.1E+02 2.1E+01
8 3.0E+01 5.0E+03 9.2E+00 3.0E+01 3.0E+02 3.0E+01
10 4.3E+01 7.6E+03 1.3E+01 4.3E+01 4.3E+02 4.3E+01
12 5.4E+01 9.0E+03 1.7E+01 5.4E+01 5.4E+02 5.4E+01
14 6.8E+01 1.1E+04 2.0E+01 6.8E+01 6.8E+02 6.8E+01
16 7.8E+01 1.3E+04 2.4E+01 7.8E+01 7.8E+02 7.8E+01
18 8.6E+01 1.4E+04 2.6E+01 8.6E+01 8.6E+02 8.6E+01
20 9.6E+01 1.6E+04 2.9E+01 9.6E+01 9.6E+02 9.6E+01
22 1.0E+02 1.8E+04 3.2E+01 1.0E+02 1.0E+03 1.0E+02
24 1.2E+02 1.9E+04 3.5E+01 1.2E+02 1.2E+03 1.2E+02
26 1.3E+02 2.2E+04 3.6E+01 1.3E+02 1.3E+03 1.3E+02
28 1.4E+02 2.4E+04 4.3E+01 1.4E+02 1.4E+03 1.4E+02
30 1.6E+02 2.7E+04 4.6E+01 1.6E+02 1.6E+03 1.6E+02
35 2.0E+02 3.3E+04 5.8E+01 2.0E+02 2.0E+03 2.0E+02
40 2.4E+02 4.0E+04 7.2E+01 2.4E+02 2.4E+03 2.4E+02
45 3.0E+02 5.0E+04 9.0E+01 3.0E+02 3.0E+03 3.0E+02

Table I-C. Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic
Metals for Facilities in Complex Terrain
Values for Urban and Rural Areas
TESH Antimony Barium Lead Mercury Silver Thallium
(m) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr)
50 3.6E+02 6.0E+04 1.1E+02 3.6E+02 3.6E+03 3.6E+02
55 4.6E+02 7.6E+04 1.4E+02 4.6E+02 4.6E+03 4.6E+02
60 5.8E+02 9.4E+04 1.7E+02 5.8E+02 5.8E+03 5.8E+02
65 6.8E+02 1.1E+05 2.1E+02 6.8E+02 6.8E+03 6.8E+02
70 7.8E+02 1.3E+05 2.4E+02 7.8E+02 7.8E+03 7.8E+02
75 8.6E+02 1.4E+05 2.6E+02 8.6E+02 8.6E+03 8.6E+02
80 9.6E+02 1.6E+05 2.9E+02 9.6E+02 9.6E+03 9.6E+02
85 1.1E+03 1.8E+05 3.3E+02 1.1E+03 1.1E+04 1.1E+03
90 1.2E+03 2.0E+05 3.6E+02 1.2E+03 1.2E+04 1.2E+03
95 1.4E+03 2.3E+05 4.0E+02 1.4E+03 1.4E+04 1.4E+03
100 1.5E+03 2.6E+05 4.6E+02 1.5E+03 1.5E+04 1.5E+03
105 1.7E+03 2.8E+05 5.0E+02 1.7E+03 1.7E+04 1.7E+03
110 1.9E+03 3.2E+05 5.8E+02 1.9E+03 1.9E+04 1.9E+03
115 2.1E+03 3.6E+05 6.4E+02 2.1E+03 2.1E+04 2.1E+03
120 2.4E+03 4.0E+05 7.2E+02 2.4E+03 2.4E+04 2.4E+03
Table I-D. Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in
Noncomplex Terrain
Values for Use in Urban Areas Values for Use in Rural Areas
TESH Arsenic Cadmium Chromium Beryllium Arsenic Cadmium Chromium Beryllium
(m) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr)
4 4.6E-01 1.1E+00 1.7E-01 8.2E-01 2.4E-01 5.8E-01 8.6E-02 4.3E-01
6 5.4E-01 1.3E+00 1.9E-01 9.4E-01 2.8E-01 6.6E-01 1.0E-01 5.0E-01
8 6.0E-01 1.4E+00 2.2E-01 1.1E+00 3.2E-01 7.6E-01 1.1E-01 5.6E-01
10 6.8E-01 1.6E+00 2.4E-01 1.2E+00 3.6E-01 8.6E-01 1.3E-01 6.4E-01
12 7.6E-01 1.8E+00 2.7E-01 1.4E+00 4.3E-01 1.1E+00 1.6E-01 7.8E-01
14 8.6E-01 2.1E+00 3.1E-01 1.5E+00 5.4E-01 1.3E+00 2.0E-01 9.6E-01
16 9.6E-01 2.3E+00 3.5E-01 1.7E+00 6.8E-01 1.6E+00 2.4E-01 1.2E+00
18 1.1E+00 2.6E+00 4.0E-01 2.0E+00 8.2E-01 2.0E+00 3.0E-01 1.5E+00
20 1.2E+00 3.0E+00 4.4E-01 2.2E+00 1.0E+00 2.5E+00 3.7E-01 1.9E+00
22 1.4E+00 3.4E+00 5.0E-01 2.5E+00 1.3E+00 3.2E+00 4.8E-01 2.4E+00
24 1.6E+00 3.9E+00 5.8E-01 2.8E+00 1.7E+00 4.0E+00 6.0E-01 3.0E+00
26 1.8E+00 4.3E+00 6.4E-01 3.2E+00 2.1E+00 5.0E+00 7.6E-01 3.9E+00
28 2.0E+00 4.8E+00 7.2E-01 3.6E+00 2.7E+00 6.4E+00 9.8E-01 5.0E+00

Table I-D. Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in
Noncomplex Terrain
Values for Use in Urban Areas Values for Use in Rural Areas
TESH Arsenic Cadmium Chromium Beryllium Arsenic Cadmium Chromium Beryllium
(m) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr) (g/hr)
30 2.3E+00 5.4E+00 8.2E-01 4.0E+00 3.5E+00 8.2E+00 1.2E+00 6.2E+00
35 3.0E+00 6.8E+00 1.0E+00 5.4E+00 5.4E+00 1.3E+01 1.9E+00 9.6E+00
40 3.6E+00 9.0E+00 1.3E+00 6.8E+00 8.2E+00 2.0E+01 3.0E+00 1.5E+01
45 4.6E+00 1.1E+01 1.7E+00 8.6E+00 1.1E+01 2.8E+01 4.2E+00 2.1E+01
50 6.0E+00 1.4E+01 2.2E+00 1.1E+01 1.5E+01 3.7E+01 5.4E+00 2.8E+01
55 7.6E+00 1.8E+01 2.7E+00 1.4E+01 2.0E+01 5.0E+01 7.2E+00 3.6E+01
60 9.4E+00 2.2E+01 3.4E+00 1.7E+01 2.7E+01 6.4E+01 9.6E+00 4.8E+01
65 1.1E+01 2.8E+01 4.2E+00 2.1E+01 3.6E+01 8.6E+01 1.3E+01 6.4E+01
70 1.3E+01 3.1E+01 4.6E+00 2.4E+01 4.3E+01 1.0E+02 1.5E+01 7.6E+01
75 1.5E+01 3.6E+01 5.4E+01 2.7E+01 5.0E+01 1.2E+02 1.8E+01 9.0E+01
80 1.7E+01 4.0E+01 6.0E+00 3.0E+01 6.0E+01 1.4E+02 2.2E+01 1.1E+02
85 1.9E+01 4.6E+01 6.8E+00 3.4E+01 7.2E+01 1.7E+02 2.6E+01 1.3E+02
90 2.2E+01 5.0E+01 7.8E+00 3.9E+01 8.6E+01 2.0E+02 3.0E+01 1.5E+02
95 2.5E+01 5.8E+01 9.0E+00 4.4E+01 1.0E+02 2.4E+02 3.6E+01 1.8E+02
100 2.8E+01 6.8E+01 1.0E+01 5.0E+01 1.2E+02 2.9E+02 4.3E+01 2.2E+02
105 3.2E+01 7.6E+01 1.1E+01 5.6E+01 1.4E+02 3.4E+02 5.0E+01 2.6E+02
110 3.6E+01 8.6E+01 1.3E+01 6.4E+01 1.7E+02 4.0E+02 6.0E+01 3.0E+02
115 4.0E+01 9.6E+01 1.5E+01 7.2E+01 2.0E+02 4.8E+02 7.2E+01 3.6E+02
120 4.6E+01 1.1E+02 1.7E+01 8.2E+01 2.4E+02 5.8E+02 8.6E+01 4.3E+02
Table I-E. Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals
for Facilities in Complex Terrain
Values for Use in Urban and Rural Areas
TESH Arsenic Cadmium Chromium Beryllium
(m) (g/hr) (g/hr) (g/hr) (g/hr)
4 1.1E-01 2.6E-01 4.0E-02 2.0E-01
6 1.6E-01 3.9E-01 5.8E-02 2.9E-01
8 2.4E-01 5.8E-01 8.6E-02 4.3E-01
10 3.5E-01 8.2E-01 1.3E-01 6.2E-01
12 4.3E-01 1.0E+00 1.5E-01 7.6E-01
14 5.0E-01 1.3E+00 1.9E-01 9.4E-01
16 6.0E-01 1.4E+00 2.2E-01 1.1E+00
18 6.8E-01 1.6E+00 2.4E-01 1.2E+00
20 7.6E-01 1.8E+00 2.7E-01 1.3E+00
22 8.2E-01 1.9E+00 3.0E-01 1.5E+00

Table I-E. Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals
for Facilities in Complex Terrain
Values for Use in Urban and Rural Areas
TESH Arsenic Cadmium Chromium Beryllium
(m) (g/hr) (g/hr) (g/hr) (g/hr)
24 9.0E-01 2.1E+00 3.3E-01 1.6E+00
26 1.0E+00 2.4E+00 3.6E-01 1.8E+00
28 1.1E+00 2.7E+00 4.0E-01 2.0E+00
30 1.2E+00 3.0E+00 4.4E-01 2.2E+00
35 1.5E+00 3.7E+00 5.4E-01 2.7E+00
40 1.9E+00 4.6E+00 6.8E-01 3.4E+00
45 2.4E+00 5.4E+00 8.4E-01 4.2E+00
50 2.9E+00 6.8E+00 1.0E+00 5.0E+00
55 3.5E+00 8.4E+00 1.3E+00 6.4E+00
60 4.3E+00 1.0E+01 1.5E+00 7.8E+00
65 5.4E+00 1.3E+01 1.9E+00 9.6E+00
70 6.0E+00 1.4E+01 2.2E+00 1.1E+01
75 6.8E+00 1.6E+01 2.4E+00 1.2E+01
80 7.6E+00 1.8E+01 2.7E+00 1.3E+01
85 8.2E+00 2.0E+01 3.0E+00 1.5E+01
90 9.4E+00 2.3E+01 3.4E+00 1.7E+01
95 1.0E+01 2.5E+01 4.0E+00 1.9E+01
100 1.2E+01 2.8E+01 4.3E+00 2.1E+01
105 1.3E+01 3.2E+01 4.8E+00 2.4E+01
110 1.5E+01 3.5E+01 5.4E+00 2.7E+01
115 1.7E+01 4.0E+01 6.0E+00 3.0E+01
120 1.9E+01 4.4E+01 6.4E+00 3.3E+01

Tier I - Feed Rate Screening Limits for Total Chlorine
Noncomplex Terrain Complex Terrain
Terrain-Adjusted Effective Stack
Heights (TESH) (meters) Urban (g/hr) Rural (g/hr) (g/hr)
4 8.2E+01 4.2E+01 1.9E+01
6 9.1E+01 4.8E+01 2.8E+01
8 1.0E+02 5.3E+01 4.1E+01
10 1.2E+02 6.2E+01 5.8E+01
12 1.3E+02 7.7E+01 7.2E+01
14 1.5E+02 9.1E+01 9.1E+01
16 1.7E+02 1.2E+02 1.1E+02
18 1.9E+02 1.4E+02 1.2E+02
20 2.1E+02 1.8E+02 1.3E+02
22 2.4E+02 2.3E+02 1.4E+02
24 2.7E+02 2.9E+02 1.6E+02
26 3.1E+02 3.7E+02 1.7E+02
28 3.5E+02 4.7E+02 1.9E+02
30 3.9E+02 5.8E+02 2.1E+02
35 5.3E+02 9.6E+02 2.6E+02
40 6.2E+02 1.4E+03 3.3E+02
45 8.2E+02 2.0E+03 4.0E+02
50 1.1E+03 2.6E+03 4.8E+02
55 1.3E+03 3.5E+03 6.3E+02
60 1.6E+03 4.6E+03 7.7E+02
65 2.0E+03 6.2E+03 9.1E+02
70 2.3E+03 7.2E+03 1.1E+03
75 2.5E+03 8.6E+03 1.2E+03
80 2.9E+03 1.0E+04 1.3E+03
85 3.3E+03 1.2E+04 1.4E+03
90 3.7E+03 1.4E+04 1.6E+03
95 4.2E+03 1.7E+04 1.8E+03
100 4.8E+03 2.1E+04 2.0E+03
105 5.3E+03 2.4E+04 2.3E+03
110 6.2E+03 2.9E+04 2.5E+03
115 7.2E+03 3.5E+04 2.8E+03
120 8.2E+03 4.1E+04 3.2E+03

Tier II - Emission Rate Screening Limits for Free Chlorine and Hydrogen Chloride
Noncomplex Terrain Complex Terrain
Terrain-Adjusted
Effective Stack Heights Values for Use in Urban Areas
(TESH) (meters) Values for Urban Areas Values for Rural Areas and Rural Areas
Cl (g/hr) HCI (g/hr) Cl (g/hr) HCI (g/hr) Cl (g/hr) HCI (g/hr)
2 2 2
4 8.2E+01 1.4E+03 4.2E+01 7.3E+02 1.9E+01 3.3E+02
6 9.1E+01 1.6E+03 4.8E+01 8.3E+02 2.8E+01 4.9E+02
8 1.0E+02 1.8E+03 5.3E+01 9.2E+02 4.1E+01 7.1E+02
10 1.2E+02 2.0E+03 6.2E+01 1.1E+03 5.8E+01 1.0E+03
12 1.3E+02 2.3E+03 7.7E+01 1.3E+03 7.2E+01 1.3E+03
14 1.5E+02 2.6E+03 9.1E+01 1.6E+03 9.1E+01 1.6E+03
16 1.7E+02 2.9E+03 1.2E+02 2.0E+03 1.1E+02 1.8E+03
18 1.9E+02 3.3E+03 1.4E+02 2.5E+03 1.2E+02 2.0E+03
20 2.1E+02 3.7E+03 1.8E+02 3.1E+03 1.3E+02 2.3E+03
22 2.4E+02 4.2E+03 2.3E+02 3.9E+03 1.4E+02 2.4E+03
24 2.7E+02 4.8E+03 2.9E+02 5.0E+03 1.6E+02 2.8E+03
26 3.1E+02 5.4E+03 3.7E+02 6.5E+03 1.7E+02 3.0E+03
28 3.5E+02 6.0E+03 4.7E+02 8.1E+03 1.9E+02 3.4E+03
30 3.9E+02 6.9E+03 5.8E+02 1.0E+04 2.1E+02 3.7E+03
35 5.3E+02 9.2E+03 9.6E+02 1.7E+04 2.6E+02 4.6E+03
40 6.2E+02 1.1E+04 1.4E+03 2.5E+04 3.3E+02 5.7E+03
45 8.2E+02 1.4E+04 2.0E+03 3.5E+04 4.0E+02 7.0E+03
50 1.1E+03 1.8E+04 2.6E+03 4.6E+04 4.8E+02 8.4E+03
55 1.3E+03 2.3E+04 3.5E+03 6.1E+04 6.2E+02 1.1E+04
60 1.6E+03 2.9E+04 4.6E+03 8.1E+04 7.7E+02 1.3E+04
65 2.0E+03 3.4E+04 6.2E+03 1.1E+05 9.1E+02 1.6E+04
70 2.3E+03 3.9E+04 7.2E+03 1.3E+05 1.1E+03 1.8E+04
75 2.5E+03 4.5E+04 8.6E+03 1.5E+05 1.2E+03 2.0E+04
80 2.9E+03 5.0E+04 1.0E+04 1.8E+05 1.3E+03 2.3E+04
85 3.3E+03 5.8E+04 1.2E+04 2.2E+05 1.4E+03 2.5E+04
90 3.7E+03 6.6E+04 1.4E+04 2.5E+05 1.6E+03 2.9E+04
95 4.2E+03 7.4E+04 1.7E+04 3.0E+05 1.8E+03 3.2E+04
100 4.8E+03 8.4E+04 2.1E+04 3.6E+05 2.0E+03 3.5E+04
105 5.3E+03 9.2E+04 2.4E+04 4.3E+05 2.3E+03 3.9E+04
110 6.2E+03 1.1E+05 2.9E+04 5.1E+05 2.5E+03 4.5E+04
115 7.2E+03 1.3E+05 3.5E+04 6.1E+05 2.8E+03 5.0E+04
120 8.2E+03 1.4E+05 4.1E+04 7.2E+05 3.2E+03 5.6E+04

Reference Air Concentrations*
Reference Air
Constituent CAS No. Concentraion (μg/m3)
Acetaldehyde 75-07-0 10
Acetonitrile 75-05-8 10
Acetophenone 98-86-2 100
Acrolein 107-02-8 20
Aldicarb 116-06-3 1
Aluminum Phosphide 20859-73-8 0.3
Allyl Alcohol 107-18-6 5
Antimony 7440-36-0 0.3
Barium 7440-39-3 50
Barium Cyanide 542-62-1 50
Bromomethane 74-83-9 0.8
Calcium Cyanide 592-01-8 30
Carbon Disulfide 75-15-0 200
Chloral 75-87-6 2
Chlorine (free) 0.4
2-Chloro-1,3-butadiene 126-99-8 3
Chromium III 16065-83-1 1000
Copper Cyanide 544-92-3 5
Cresols 1319-77-3 50
Cumene 98-82-8 1
Cyanide (free) 57-12-15 20
Cyanogen 460-19-5 30
Cyanogen Bromide 506-68-3 80
Di-n-butyl Phthalate 84-74-2 100
o-Dichlorobenzene 95-50-1 10
p-Dichlorobenzene 106-46-7 10
Dichlorodifluoromethane 75-71-8 200
2,4-Dichlorophenol 120-83-2 3
Diethyl Phthalate 84-66-2 800
Dimethoate 60-51-5 0.8
2,4-Dinitrophenol 51-28-5 2
Dinoseb 88-85-7 0.9

Reference Air Concentrations*
Reference Air
Constituent CAS No. Concentraion (μg/m3)
Diphenylamine 122-39-4 20
Endosulfan 115-29-1 0.05
Endrin 72-20-8 0.3
Fluorine 7782-41-4 50
Formic Acid 64-18-6 2000
Glycidyaldehyde 765-34-4 0.3
Hexachlorocyclopentadiene 77-47-4 5
Hexachlorophene 70-30-4 0.3
Hydrocyanic Acid 74-90-8 20
Hydrogen Chloride 7647-01-1 7
Hydrogen Sulfide 7783-06-4 3
Isobutyl Alcohol 78-83-1 300
Lead 7439-92-1 0.09
Maleic Anhydride 108-31-6 100
Mercury 7439-97-6 0.3
Methacrylonitrile 126-98-7 0.1
Methomyl 16752-77-5 20
Methoxychlor 72-43-5 50
Methyl Chlorocarbonate 79-22-1 1000
Methyl Ethyl Ketone 78-93-3 80
Methyl Parathion 298-00-0 0.3
Nickel Cyanide 557-19-7 20
Nitric Oxide 10102-43-9 100
Nitrobenzene 98-95-3 0.8
Pentachlorobenzene 608-93-5 0.8
Pentachlorophenol 87-86-5 30
Phenol 108-95-2 30
M-Phenylenediamine 108-45-2 5
Phenylmercuric Acetate 62-38-4 0.075
Phosphine 7803-51-2 0.3
Phthalic Anhydride 85-44-9 2000
Potassium Cyanide 151-50-8 50
Potassium Silver Cyanide 506-61-6 200

Reference Air Concentrations*
Reference Air
Constituent CAS No. Concentraion (μg/m3)
Pyridine 110-86-1 1
Selenious Acid 7783-60-8 3
Selenourea 630-10-4 5
Silver 7440-22-4 3
Silver Cyanide 506-64-9 100
Sodium Cyanide 143-33-9 30
Strychnine 57-24-9 0.3
1,2,4,5-Tetrachlorobenzene 95-94-3 0.3
2,3,4,6-Tetrachlorophenol 58-90-2 30
Tetraethyl Lead 78-00-2 0.0001
Tetrahydrofuran 109-99-9 10
Thallic Oxide 1314-32-5 0.3
Thallium 7440-28-0 0.5
Thallium (I) Acetate 563-68-8 0.5
Thallium (I) Carbonate 6533-73-9 0.3
Thallium (I) Chloride 7791-12-0 0.3
Thallium (I) Nitrate 10102-45-1 0.5
Thallium Selenite 12039-52-0 0.5
Thallium (I) Sulfate 7446-18-6 0.075
Thiram 137-26-8 5
Toluene 108-88-3 300
1,2,4-Trichlorobenzene 120-82-1 20
Trichloromonofluoromethane 75-69-4 300
2,4,5-Trichlorophenol 95-95-4 100
Vanadium Pentoxide 1314-62-1 20
Warfarin 81-81-2 0.3
Xylenes 1330-20-7 80
Zinc Cyanide 557-21-1 50
Zinc Phosphide 1314-84-7 0.3
*The reference air concentration for other appendix V of chapter 33.1-24-02 constituents not listed
herein or in appendix XX of chapter 33.1-24-05 is 0.1 μg/m3.

Risk Specific Doses (10-5)
Constituent CAS No. Unit Risk (m3/μg) RSD (μg/m3)
Acrylamide 79-06-1 1.3E-03 7.7E-03
Acrylonitrile 107-13-1 6.8E-05 1.5E-01
Aldrin 309-00-2 4.9E-03 2.0E-03
Aniline 62-53-3 7.4E-06 1.4E+00
Arsenic 7440-38-2 4.3E-03 2.3E-03
Benz(a)anthracene 56-55-3 8.9E-04 1.1E-02
Benzene 71-43-2 8.3E-06 1.2E+00
Benzidine 92-87-5 6.7E-02 1.5E-04
Benzo(a)pyrene 50-32-8 3.3E-03 3.0E-03
Beryllium 7440-41-7 2.4E-03 4.2E-03
Bis(2-chloroethyl)ether 111-44-4 3.3E-04 3.0E-02
Bis(chloromethyl)ether 542-88-1 6.2E-02 1.6E-04
Bis(2-ethylhexyl)-phthalate 117-81-7 2.4E-07 4.2E+01
1,3-Butadiene 106-99-0 2.8E-04 3.6E-02
Cadmium 7440-43-9 1.8E-03 5.6E-03
Carbon Tetrachloride 56-23-5 1.5E-05 6.7E-01
Chlordane 57-74-9 3.7E-04 2.7E-02
Chloroform 67-66-3 2.3E-05 4.3E-01
Chloromethane 74-87-3 3.6E-06 2.8E+00
Chromium VI 7440-47-3 1.2E-02 8.3E-04
Dibenz(a,h)anthracene 53-70-3 1.4E-02 7.1E-04
1,2-Dibromo-3-chloro-propane 96-12-8 6.3E-03 1.6E-03
1,2-Dibromoethane 106-93-4 2.2E-04 4.5E-02
1,1-Dichloroethane 75-34-3 2.6E-05 3.8E-01
1,2-Dichloroethane 107-06-2 2.6E-05 3.8E-01
1,1-Dichloroethylene 75-35-4 5.0E-05 2.0E-01
1,3-Dichloropropene 542-75-6 3.5E-01 2.9E-05
Dieldrin 60-57-1 4.6E-03 2.2E-03
Diethylstilbestrol 56-53-1 1.4E-01 7.1E-05
Dimethylnitrosamine 62-75-9 1.4E-02 7.1E-04
2,4-Dinitrotoluene 121-14-2 8.8E-05 1.1E-01
1,2-Diphenylhydrazine 122-66-7 2.2E-04 4.5E-02
1,4-Dioxane 123-91-1 1.4E-06 7.1E+00
Epichlorohydrin 106-89-8 1.2E-06 8.3E+00
Ethylene Oxide 75-21-8 1.0E-04 1.0E-01
Ethylene Dibromide 106-93-4 2.2E-04 4.5E-02
Formaldehyde 50-00-0 1.3E-05 7.7E-01
Heptachlor 76-44-8 1.3E-03 7.7E-03
Heptachlor Epoxide 1024-57-3 2.6E-03 3.8E-03

Constituent CAS No. Unit Risk (m3/μg) RSD (μg/m3)
Hexachlorobenzene 118-74-1 4.9E-04 2.0E-02
Hexachlorobutadiene 87-68-3 2.0E-05 5.0E-01
Alpha-hexachloro-cyclo-hexane 319-84-6 1.8E-03 5.6E-03
Beta-hexachloro-cyclo-hexane 319-85-7 5.3E-04 1.9E-02
Gamma-hexachloro-cyclo-hexane 58-89-9 3.8E-04 2.6E-02
Hexachlorocyclohexane, Technical 5.1E-04 2.0E-02
Hexachlorodibenzo-p-dioxin (1,2 Mixture) 1.3E+00 7.7E-06
Hexachloroethane 67-72-1 4.0E-06 2.5E+00
Hydrazine 302-01-2 2.9E-03 3.4E-03
Hydrazine Sulfate 302-01-2 2.9E-03 3.4E-03
3-Methylcholanthrene 56-49-5 2.7E-03 3.7E-03
Methyl Hydrazine 60-34-4 3.1E-04 3.2E-02
Methylene Chloride 75-09-2 4.1E-06 2.4E+00
4,4'-Methylene-bis-2-chloroaniline 101-14-4 4.7E-05 2.1E-01
Nickel 7440-02-0 2.4E-04 4.2E-02
Nickel Refinery Dust 7440-02-0 2.4E-04 4.2E-02
Nickel Subsulfide 12035-72-2 4.8E-04 2.1E-02
2-Nitropropane 79-46-9 2.7E-02 3.7E-04
N-Nitroso-n-butylamine 924-16-3 1.6E-03 6.3E-03
N-Nitroso-n-methylurea 684-93-5 8.6E-02 1.2E-04
N-Nitrosodiethylamine 55-18-5 4.3E-02 2.3E-04
N-Nitrosopyrrolidine 930-55-2 6.1E-04 1.6E-02
Pentachloronitrobenzene 82-68-8 7.3E-05 1.4E-01
PCBs 1336-36-3 1.2E-03 8.3E-03
Pronamide 23950-58-5 4.6E-06 2.2E+00
Reserpine 50-55-5 3.0E-03 3.3E-03
2,3,7,8-Tetrachloro-dibenzo-p-dioxin 1746-01-6 4.5E+01 2.2E-07
1,1,2,2-Tetrachloroethane 79-34-5 5.8E-05 1.7E-01
Tetrachloroethylene 127-18-4 4.8E-07 2.1E+01
Thiourea 62-56-6 5.5E-04 1.8E-02
1,1,2-Trichloroethane 79-00-5 1.6E-05 6.3E-01
Trichloroethylene 79-01-6 1.3E-06 7.7E+00
2,4,6-Trichlorophenol 88-06-2 5.7E-06 1.8E+00
Toxaphene 8001-35-2 3.2E-04 3.1E-02
Vinyl Chloride 75-01-4 7.1E-06 1.4E+00

Stack Plume Rise:
[Estimated Plume Rise (In Meters) Based on Stack Exit Flow Rate and Gas Temperature]
Exhaust Temperature (K°)
Flow Rate 325- 350- 400- 450- 500- 600- 700- 800- 1000-
(m3/s) <325 349 399 449 499 599 699 799 999 1499 >1499
<0.5 0 0 0 0 0 0 0 0 0 0 0
0.5-0.9 0 0 0 0 0 0 0 0 1 1 1
1.0-1.9 0 0 0 0 1 1 2 3 3 3 4
2.0-2.9 0 0 1 3 4 4 6 6 7 8 9
3.0-3.9 0 1 2 5 6 7 9 10 11 12 13
4.0-4.9 1 2 4 6 8 10 12 13 14 15 17
5.0-7.4 2 3 5 8 10 12 14 16 17 19 21
7.5-9.9 3 5 8 12 15 17 20 22 22 23 24
10.0-12.4 4 6 10 15 19 21 23 24 25 26 27
12.5-14.9 4 7 12 18 22 23 25 26 27 28 29
15.0-19.9 5 8 13 20 23 24 26 27 28 29 31
20.0-24.9 6 10 17 23 25 27 29 30 31 32 34
25.0-29.9 7 12 20 25 27 29 31 32 33 35 36
30.0-34.9 8 14 22 26 29 31 33 35 36 37 39
35.0-39.9 9 16 23 28 30 32 35 36 37 39 41
40.0-49.9 10 17 24 29 32 34 36 38 39 41 42
50.0-59.9 12 21 26 31 34 36 39 41 42 44 46
60.0-69.9 14 22 27 33 36 39 42 43 45 47 49
70.0-79.9 16 23 29 35 38 41 44 46 47 49 51
80.0-89.9 17 25 30 36 40 42 46 48 49 51 54
90.0-99.9 19 26 31 38 42 44 48 50 51 53 56
100.0-119.9 21 26 32 39 43 46 49 52 53 55 58
120.0-139.9 22 28 35 42 46 49 52 55 56 59 61
140.0-159.9 23 30 36 44 48 51 55 58 59 62 65
160.0-179.9 25 31 38 46 50 54 58 60 62 65 67
180.0-199.9 26 32 40 48 52 56 60 63 65 67 70
>199.9 26 33 41 49 54 58 62 65 67 69 73

Health-Based Limits for Exclusion of Waste-Derived Residues*
Metals-TCLP Extract Concentration Limits:
Constituent CAS No. Concentration Limits (mg/l)
Antimony 7440-36-0 1xE+00
Arsenic 7440-38-2 5xE+00
Barium 7440-39-3 1xE+02
Beryllium 7440-41-7 7xE-03
Cadmium 7440-43-9 1xE+00
Chromium 7440-47-3 5xE+00
Lead 7439-92-1 5xE+00
Mercury 7439-97-6 2xE-01
Nickel 7440-02-0 7xE+01
Selenium 7782-49-2 1xE+00
Silver 7440-22-4 5xE+00
Thallium 7440-28-0 7xE+00

Nonmetals-Residue Concentration Limits:
Concentration Limits for
Constituent CAS No. Residues (mg/l)
Acetonitrile 75-05-8 2xE-01
Acetophenone 98-86-2 4xE+00
Acrolein 107-02-08 5xE-01
Acrylamide 79-06-1 2xE-04
Acrylonitrile 107-13-1 7xE-04
Aldrin 309-00-2 2xE-05
Allyl alcohol 107-18-6 2xE-01
Aluminum phosphide 20859-73-8 1xE-02
Aniline 62-53-3 6xE-02
Barium cyanide 542-62-1 1xE+00
Benz(a)anthracene 56-55-3 1xE-04
Benzene 71-43-2 5xE-03
Benzidine 92-87-5 1xE-06
Bis(2-chloroethyl) ether 111-44-4 3xE-04
Bis(chloromethyl) ether 542-88-1 2xE-06
Bis(2-ethylhexyl) phthalate 117-81-7 3xE+01
Bromoform 75-25-2 7xE-01
Calcium cyanide 592-01-8 1xE-06
Carbon disulfide 75-15-0 4xE+00
Carbon tetrachloride 56-23-5 5xE-03
Chlordane 57-74-9 3xE-04
Chlorobenzene 108-90-7 1xE+00
Chloroform 67-66-3 6xE-02
Copper cyanide 544-92-3 2xE-01
Cresols (Cresylic acid) 1319-77-3 2xE+00
Cyanogen 460-19-5 1xE+00
DDT 50-29-3 1xE-03
Dibenz(a,h)-anthracene 53-70-3 7xE-06
1,2-Dibromo-3-chloropropane 96-12-8 2xE-05
p-Dichlorobenzene 106-46-7 7.5xE-02
Dichlorodifluoromethane 75-71-8 7xE+00
1,1-Dichloroethylene 75-35-4 5xE-03
2,4-Dichlorophenol 120-83-2 1xE-01

Concentration Limits for
Constituent CAS No. Residues (mg/l)
1,3-Dichloropropene 542-75-6 1xE-03
Dieldrin 60-57-1 2xE-05
Diethyl phthalate 84-66-2 3xE+01
Diethylstilbesterol 56-53-1 7xE-07
Dimethoate 60-51-5 3xE-02
2,4-Dinitrotoluene 121-14-2 5xE-04
Diphenylamine 122-39-4 9xE-01
1,2-Diphenylhydrazine 122-66-7 5xE-04
Endosulfan 115-29-7 2xE-03
Endrin 72-20-8 2xE-04
Epichlorohydrin 106-89-8 4xE-02
Ethylene dibromide 106-93-4 4xE-07
Ethylene oxide 75-21-8 3xE-04
Fluorine 7782-41-4 4xE+00
Formic acid 64-18-6 7xE+01
Heptachlor 76-44-8 8xE-05
Heptachlor epoxide 1024-57-3 4xE-05
Hexachlorobenzene 118-74-1 2xE-04
Hexachlorobutadiene 87-68-3 5xE-03
Hexachlorocyclopentadiene 77-47-4 2xE-01
Hexachlorodibenzo-p-dioxins 19408-74-3 6xE-08
Hexachloroethane 67-72-1 3xE-02
Hydrazine 302-01-1 1xE-04
Hydrogen cyanide 74-90-8 7xE-05
Hydrogen sulfide 7783-06-4 1xE-06
Isobutyl alcohol 78-83-1 1xE+01
Methomyl 16752-77-5 1xE+00
Methoxychlor 72-43-5 1xE-01
3-Methylcholanthrene 56-49-5 4xE-05
4,4'-Methylenebis (2-chloroaniline) 101-14-4 2xE-03
Methylene chloride 75-09-2 5xE-02
Methyl ethyl ketone (MEK) 78-93-3 2xE+00
Methyl hydrazine 60-34-4 3xE-04
Methyl parathion 298-00-0 2xE-02
Naphthalene 91-20-3 1xE+01

Concentration Limits for
Constituent CAS No. Residues (mg/l)
Nickel cyanide 557-19-7 7xE-01
Nitric oxide 10102-43-9 4xE+00
Nitrobenzene 98-95-3 2xE-02
N-Nitrosodi-n-butylamine 924-16-3 6xE-05
N-Nitrosodiethylamine 55-18-5 2xE-06
N-Nitroso-N-methylurea 684-93-5 1xE-07
N-Nitrosopyrrolidine 930-55-2 2xE-04
Pentachlorobenzene 608-93-5 3xE-02
Pentachloronitrobenzene (PCNB) 82-68-8 1xE-01
Pentachlorophenol 87-86-5 1xE+00
Phenol 108-95-2 1xE+00
Phenylmercury acetate 62-38-4 3xE-03
Phosphine 7803-51-2 1xE-02
Polychlorinated biphenyls, N.O.S. 1336-36-3 5xE-05
Potassium cyanide 151-50-8 2xE+00
Potassium silver cyanide 506-61-6 7xE+00
Pronamide 23950-58-5 3xE+00
Pyridine 110-86-1 4xE-02
Reserpine 50-55-5 3xE-05
Selenourea 630-10-4 2xE-01
Silver cyanide 506-64-9 4xE+00
Sodium cyanide 143-33-9 1xE+00
Strychnine 57-24-9 1xE-02
1,2,4,5-Tetrachlorobenzene 95-94-3 1xE-02
1,1,2,2-tetrachloroethane 79-34-5 2xE-03
Tetrachloroethylene 127-18-4 7xE-01
2,3,4,6-Tetrachlorophenol 58-90-2 1xE-02
Tetraethyl lead 78-00-2 4xE-06
Thiourea 62-56-6 2xE-04
Toluene 108-88-3 1xE+01
Toxaphene 8001-35-2 5xE-03
1,1,2-Trichloroethane 79-00-5 6xE-03
Trichloroethylene 79-01-6 5xE-03
Trichloromonofluoromethane 75-69-4 1xE+01
2,4,5-Trichlorophenol 95-95-4 4xE+00

Concentration Limits for
Constituent CAS No. Residues (mg/l)
2,4,6-Trichlorophenol 88-06-2 4xE+00
Vanadium pentoxide 1314-62-1 7xE-01
Vinyl chloride 75-01-4 2xE-03
*Note 1: The health-based concentration limits for appendix V of chapter 33.1-24-02 constituents for
which a health-based concentration is not provided below is 2xE-06 mg/kg.
Note 2: The levels specified in this appendix and the default level of 0.002 micrograms per kilogram or
the level of detection for constituents as identified in Note 1 of this appendix are administratively stayed
under the condition, for those constituents specified in subdivision a of subsection 2 of section
33.1-24-05-537, that the owner or operator complies with the alternative levels defined as the land
disposal restriction limits specified in section 33.1-24-05-283 for F039 nonwastewaters. See
paragraph 1 of subdivision b of subsection 2 of section 33.1-24-05-537.

Organic Compounds for Which Residues Must Be Analyzed
Volatiles: Semivolatiles:
Benzene Bis(2-ethylhexyl)phthalate
Toluene Naphthalene
Carbon tetrachloride Phenol
Chloroform Diethyl phthalate
Methylene chloride Butyl benzyl phthalate
Trichloroethylene 2,4-Dimethylphenol
Tetrachloroethylene o-Dichlorobenzene
1,1,1-Trichloroethane m-Dichlorobenzene
Chlorobenzene p-Dichlorobenzene
cis-1,4-Dichloro-2-butene Hexachlorobenzene
Bromochloromethane 2,4,6-Trichlorophenol
Bromodichloromethane Fluoranthene
Bromoform o-Nitrophenol
Bromomethane 1,2,4-Trichlorobenzene
Methylene bromide o-Chlorophenol
Methyl ethyl ketone Pentachlorophenol
Pyrene
Dimethyl phthalate
Mononitrobenzene
2,6-Toluene diisocyanate
Polychlorinated dibenzo-p-dioxins1
Polychlorinated dibenzo-furans1
1Analyses for polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans are required only
for residues collected from areas downstream of the combustion chamber (for example, ductwork,
boiler tubes, heat exchange surfaces, and air pollution control devices).
Note to the table: Analysis is not required for those compounds that do not have an established F039
nonwastewater concentration limit.

Methods Manual for Compliance With the Boiler and Industrial Furnace Regulations
The Methods Manual for Compliance With the Boiler and Industrial Furnace Regulations is
incorporated by reference in its entirety from Appendix IX to 40 Code of Federal Regulations Part 266,
effective April 17, 2015.

[Reserved]

Lead-Bearing Materials That May Be Processed in Exempt Lead Smelters
A. Exempt Lead-Bearing Materials When Generated or Originally Produced by Lead-Associated
Industries1
1. Acid dump/fill solids
2. Sump mud
3. Materials from laboratory analyses
4. Acid filters
5. Baghouse bags
6. Clothing (for example, coveralls, aprons, shoes, hats, gloves)
7. Sweepings
8. Air filter bags and cartridges
9. Respiratory cartridge filters
10. Shop abrasives
11. Stacking boards
12. Waste shipping containers (for example, cartons, bags, drums, cardboard)
13. Paper hand towels
14. Wiping rags and sponges
15. Contaminated pallets
16. Water treatment sludges, filter cakes, residues, and solids
17. Emission control dusts, sludges, filter cakes, residues, and solids from lead-associated
industries (for example, K069 and D008 wastes)
18. Spent grids, posts, and separators
19. Spent batteries
20. Lead oxide and lead oxide residues
21. Lead plates and groups
22. Spent battery cases, covers, and vents
23. Pasting belts
24. Water filter media
25. Cheesecloth from pasting rollers
26. Pasting additive bags
27. Asphalt paving materials
1Lead-associated industries are lead smelters, lead-acid battery manufacturing, and lead chemical
manufacturing (for example, manufacturing of lead oxide or other lead compounds).
B. Exempt Lead-Bearing Materials When Generated or Originally Produced by Any Industry
1. Charging jumpers and clips
2. Platen abrasive

3. Fluff from lead wire and cable casings
4. Lead-based pigments and compounding pigment dust

Nickel or Chromium-Bearing Materials That May Be Processed in Exempt
Nickel-Chromium Recovery Furnaces
A. Exempt Nickel or Chromium-Bearing Materials when Generated by Manufacturers or Users of
Nickel, Chromium, or Iron
1. Baghouse bags
2. Raney nickel catalyst
3. Floor sweepings
4. Air filters
5. Electroplating bath filters
6. Wastewater filter media
7. Wood pallets
8. Disposable clothing (coveralls, aprons, hats, and gloves)
9. Laboratory samples and spent chemicals
10. Shipping containers and plastic liners from containers or vehicles used to transport nickel or
chromium-containing wastes
11. Respirator cartridge filters
12. Paper hand towels
B. Exempt Nickel or Chromium-Bearing Materials When Generated by Any Industry
1. Electroplating wastewater treatment sludges (F006)
2. Nickel and/or chromium-containing solutions
3. Nickel, chromium, and iron catalysts
4. Nickel-cadmium and nickel-iron batteries
5. Filter cake from wet scrubber system water treatment plants in the specialty steel industry
6. Filter cake from nickel-chromium alloy pickling operations

Mercury-Bearing Wastes That May Be Processed in Exempt Mercury Recovery Units
These are exempt mercury-bearing materials with less than five hundred parts per million of
appendix V of chapter 33.1-24-02 organic constituents when generated by manufacturers or users of
mercury or mercury products.
1. Activated carbon.
2. Decomposer graphite.
3. Wood.
4. Paper.
5. Protective clothing.
6. Sweepings.
7. Respiratory cartridge filters.
8. Cleanup articles.
9. Plastic bags and other contaminated containers.
10. Laboratory and process control samples.
11. K106 and other wastewater treatment plant sludge and filter cake.
12. Mercury cell sump and tank sludge.
13. Mercury cell process solids.
14. Recoverable levels of mercury contained in soil.

Metal-Bearing Wastes Prohibited From Dilution in a Combustion Unit According to Subsection 3
of Section 33.1-24-05-2521
Waste Code Waste Description
D004 Toxicity characteristic for arsenic.
D005 Toxicity characteristic for barium.
D006 Toxicity characteristic for cadmium.
D007 Toxicity characteristic for vhromium.
D008 Toxicity characteristic for lead.
D009 Toxicity characteristic for mercury.
D010 Toxicity characteristic for selenium.
D011 Toxicity characteristic for silver.
F006 Wastewater treatment sludges from electroplating operations except from the following
processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating carbon steel; (3) zinc
plating (segregated basis) on carbon steel; (4) aluminum or zinc-plating on carbon
steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on carbon
steel; and (6) chemical etching and milling of aluminum.
F007 Spent cyanide plating bath solutions from electroplating operations.
F008 Plating bath residues from the bottom of plating baths from electroplating operations
where cyanides are used in the process.
F009 Spent stripping and cleaning bath solutions from electroplating operations where
cyanides are used in the process.
F010 Quenching bath residues from oil baths from metal treating operations where cyanides
are used in the process.
F011 Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations.
F012 Quenching wastewater treatment sludges from metal heat treating operations where
cyanides are used in the process.
F019 Wastewater treatment sludges from the chemical conversion coating of aluminum
except from zirconium phosphating in aluminum car washing when such phosphating is
an exclusive conversion coating process.
K002 Wastewater treatment sludge from the production of chrome yellow and orange
pigments.
K003 Wastewater treatment sludge from the production of molybdate orange pigments.
K004 Wastewater treatment sludge from the production of zinc yellow pigments.
K005 Wastewater treatment sludge from the production of chrome green pigments.
K006 Wastewater treatment sludge from the production of chrome oxide green pigments
(anhydrous and hydrated).
K007 Wastewater treatment sludge from the production of iron blue pigments.
K008 Oven residue from the production of chrome oxide green pigments.
K061 Emission control dust/sludge from the primary production of steel in electric furnaces.

Waste Code Waste Description
K069 Emission control dust/sludge from secondary lead smelting.
K071 Brine purification muds from the mercury cell processes in chlorine production, where
separately prepurified brine is not used.
K100 Waste leaching solution from acid leaching of emission control dust/sludge from
secondary lead smelting.
K106 Sludges from the mercury cell processes for making chlorine.
P010 Arsenic acid H AsO .
3 4
P011 Arsenic oxide As O .
2 5
P012 Arsenic trioxide.
P013 Barium cyanide.
P015 Beryllium.
P029 Copper cyanide Cu(CN).
P074 Nickel cyanide Ni(CN) .
P087 Osmium tetroxide.
P099 Potassium silver cyanide.
P104 Silver cyanide.
P113 Thallic oxide.
P114 Thallium (I) selenite.
P115 Thallium (I) sulfate.
P119 Ammonium vanadate.
P120 Vanadium oxide V O .
2 5
P121 Zinc cyanide.
U032 Calcium chromate.
U145 Lead phosphate.
U151 Mercury.
U204 Selenious acid.
U205 Selenium disulfide.
U216 Thallium (I) chloride.
U217 Thallium (I) nitrate.
1A combustion unit is defined as any thermal technology subject to sections 33.1-24-05-144 through
