Section 33-24-05-434 - Recordkeeping requirements1. Owner or operator. a. Each owner or operator subject to the provisions of sections 33-24-05-420 through 33-24-05-449 shall comply with the recordkeeping requirements of this section.b. An owner or operator of more than one hazardous waste management unit subject to the provisions of sections 33-24-05-420 through 33-24-05-449 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 33-24-05-420 through 33-24-05-449 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 33-24-05-403, an implementation schedule as specified in subdivision b of subsection 1 of section 33-24-05-403.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 33-24-05-405.d. Documentation of compliance with section 33-24-05-430, including the detailed design documentation or performance test results specified in subdivision d of subsection 2 of section 33-24-05-405.3. When each leak is detected as specified in sections 33-24-05-422, 33-24-05-423, 33-24-05-427, and 33-24-05-428, 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 33-24-05-428, 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 33-24-05-427 and no leak has been detected during those two months.4. When each leak is detected as specified in sections 33-24-05-422, 33-24-05-423, 33-24-05-427, and 33-24-05-428, 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 33-24-05-428.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 33-24-05-433 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 33-24-05-429.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 33-24-05-430 must be recorded and kept up-to-date in the facility operating record as specified in subsection 3 of section 33-24-05-405. Design documentation as specified in subdivisions a and b of subsection 3 of section 33-24-05-405 and monitoring, operating, and inspection information in subdivisions c through h of subsection 3 of section 33-24-05-405.6. 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 33-24-05-422 through 33-24-05-430 must be recorded in a log that is kept in the facility operating record: a. A list of identification numbers for equipment (except welded fitting) subject to the requirements of sections 33-24-05-420 through 33-24-05-449.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 33-24-05-422, subsection 9 of section 33-24-05-423, and subsection 6 of section 33-24-05-427. (2) The designation of this equipment as subject to the requirements of subsection 5 of section 33-24-05-422, subsection 9 of section 33-24-05-423, or subsection 6 of section 33-24-05-427 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 33-24-05-424.d. Data. (1) The dates of each compliance test 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.(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 33-24-05-427 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 33-24-05-432: 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 33-24-05-422 and subdivision b of subsection 5 of section 33-24-05-423 and an 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 33-24-05-420 through 33-24-05-449 and other specific 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 33-24-05-422 through 33-24-05-430 and an analysis determining whether these hazardous wastes are heavy 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 33-24-05-422 through 33-24-05-430. The record must include supporting documentation as required by subdivision c of subsection 4 of section 33-24-05-433 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 33-24-05-422 through 33-24-05-430, 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 33-24-05-420 through 33-24-05-449 and to the regulations at 40 CFR parts 60, 61, or 63, may elect to determine compliance with sections 33-24-05-420 through 33-24-05-449 either by documentation pursuant to section 33-24-05-434, 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.N.D. Admin Code 33-24-05-434
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