Section 33-24-05-420 - Applicability to air emission standards for equipment leaks1. The regulations in sections 33-24-05-420 through 33-24-05-449 apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in section 33-24-05-01).2. Except as provided in subsection 11 of section 33-24-05-434, sections 33-24-05-420 through 33-24-05-449 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 33-24-06;b. A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of subsection 1 of section 33-24-03-12 (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 33-24-06; orc. A unit that is exempt from permitting under the provisions of subsection 1 of section 33-24-03-12 (for example, a ninety-day tank or container) and is not a recycling unit under the provisions of section 33-24-02-06.3. For the owner or operator of a facility subject to sections 33-24-05-420 through 33-24-05-449 and who received a final state-issued hazardous waste permit under 33-24 prior to December 6, 1996, the requirements of sections 33-24-05-420 through 33-24-05-449 shall be incorporated into the permit when the permit is reissued in accordance with the requirements of section 33-24-07-11 or reviewed in accordance with the requirements of section 33-24-06-06. Until such date when the owner or operator receives a final state-issued hazardous waste permit incorporating the requirements of sections 33-24-05-420 through 33-24-05-449, the owner or operator is subject to the applicable requirements of subsection 5 of section 33-24-06-16.4. Each piece of equipment to which sections 33-24-05-420 through 33-24-05-449 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 33-24-05-422 to 33-24-05-430 if it is identified as required in subdivision e of subsection 7 of section 33-24-05-434. 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 33-24-05-422 through 33-24-05-430 if it is identified as required in subdivision f of subsection 7 of section 33-24-05-434.7. 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 33-24-05-420 through 33-24-05-449. [Note: The requirements of sections 33-24-05-422 through 33-24-05-435 apply to equipment associated with hazardous waste recycling units previously exempt under subdivision a of subsection 3 of section 33-24-02-06. Other exemptions under section 33-24-02-04 and subsection 7 of section 33-24-05-01 are not affected by these requirements.]
N.D. Admin Code 33-24-05-420
Effective December 1, 1991; amended effective January 1, 1994; July 1, 1997; December 1, 2003.Amended 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