Section 33-24-05-433 - Test methods and procedures1. Each owner or operator subject to the provisions of sections 33-24-05-420 through 33-24-05-449 shall comply with the test methods and procedures requirements provided in this section.2. Leak detection monitoring, as required in sections 33-24-05-422 through 33-24-05-432, 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 33-24-05-422, subsection 9 of section 33-24-05-423, section 33-24-05-424, and subsection 6 of section 33-24-05-427, 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 33-24-05-04, 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 33-24-01-05);b. Method 9060A (incorporated by reference under section 33-24-01-05) 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; orc. 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 33-24-01-05).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 33-24-05-404.N.D. Admin Code 33-24-05-433
Effective December 1, 1991; amended effective January 1, 1994; 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