Section 33-24-03-59 - Organization for Economic Cooperation and Development waste lists1. For the purposes of sections 33-24-03-50 through 33-24-03-59, a waste is considered hazardous under United States national procedures, and subject to sections 33-24-03-50 through 33-24-03-59, if the waste:a. Meets the federal definition of hazardous waste in 40 CFR 261.3; andb. Is subject to either the manifesting requirements at sections 33-24-03-04 through 33-24-03-07, the universal waste management standards of sections 33-24-05-700 through 33-24-05-799 or the export requirements in the spent lead-acid battery management standards of sections 33-24-05-235 through 33-24-05-249.2. If a waste is hazardous under subsection 1 of this section, it is subject to the Amber control procedures, regardless of whether it appears in Appendix 4 of the Organization for Economic Cooperation and Development decision, as defined in section 33-24-03-51.3. The appropriate control procedures for hazardous wastes and hazardous waste mixtures are addressed in section 33-24-03-52.4. The Organization for Economic Cooperation and Development waste lists, as set forth in Annex B ("Green List") and Annex C ("Amber List") (collectively "Organization for Economic Cooperation and Development waste lists") of the 2009 "guidance manual for the implementation of council decision C(2001) 107/FINAL, as amended, on the control of transboundary movements of wastes destined for recovery operations," are incorporated by reference. This incorporation by reference was approved by the director of the federal register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This material is incorporated as it exists on the date of the approval and a notice of any change in these materials will be published in the federal register. The materials are available for inspection at the United States Environmental Protection Agency, Docket Center Public Reading Room, Environmental Protection Agency West, Room 3334, 1301 Constitution Avenue NW, Washington, D.C. 20004, (Docket [HASH]EPA-HQ-RCRA-2005-0018) or at the national archives and records administration, and may be obtained from the Organization for Economic Cooperation and Development, Environment Directorate, 2 rue Andre Pascal, F-75775 Paris Cedex 16, France. For information on the availability of this material at the national archives and records administration, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. To contact the environmental protection agency docket center public reading room, call 202-566-1744. To contact the Organization for Economic Cooperation and Development, call +33(0) 1 45 24 81 67.N.D. Admin Code 33-24-03-59
Adopted by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04