N.D. Admin. Code 33-24-05-453

Current through Supplement No. 393, July, 2024
Section 33-24-05-453 - 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 33-24-05-452 from using air emission controls in accordance with standards specified in sections 33-24-05-454 through 33-24-05-457, as applicable to the waste management unit.
(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 33-24-05-452 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 33-24-05-452.
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 1.8 x 10-6 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 (fm25D). If 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 (fm25D) can be obtained by contacting 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 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:

Click here to view image.

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).

Qi = Mass quantity of hazardous waste stream represented by Ci, kilograms per hour.

Qt = Total mass quantity of hazardous waste during the averaging period, kilograms per hour.

Ci = Measured VO concentration of waste determination "i" as determined in 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 Ci, for individual waste samples analyzed in 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 a 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 33-24-05-459.
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 (fm25D).
(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 33-24-05-450 through 33-24-05-474. 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 33-24-05-452 from using air emission controls in accordance with standards specified in sections 33-24-05-454 through 33-24-05-457, as applicable to the waste management unit.
(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 33-24-05-452 are not achieved.
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 33-24-05-452 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.
(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 1.8 x 10-6 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 33-24-05-452 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 (fm25D) If 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 (fm25D) can be obtained by contacting 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 1.8 x 10-6 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:

Click here to view image.

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).

Qi = Mass quantity of hazardous waste stream represented by Ci, kilograms per hour.

QT = Total mass quantity of hazardous waste during the averaging period, kilograms per hour.

Ci = Measured VO concentration of waste determination "i" as determined in 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 33-24-05-459.
e. Procedure to determine the exit concentration limit (Ct) for a treated hazardous waste.
(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 (Ct) must be five hundred parts per million weight.
(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 (Ct) must be calculated by using the results determined for each individual hazardous waste stream and the following equation:

Click here to view image.

where:

Ct = Exit concentration limit for treated hazardous waste, parts per million 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.

Qx = Annual mass quantity of hazardous waste stream "x", kilograms per year.

Qy = Annual mass quantity of hazardous waste stream "y", kilograms per year.

Cx = Average VO concentration of hazardous waste stream "x" at the point of 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 (Qb) and the mass quantity of each hazardous waste stream exiting the process (Qa) must be determined.
(b) The average VO concentration at the point of waste origination of each hazardous waste stream entering the process (Cb) during the run must be determined in accordance with the requirements of of subdivision c of subsection 1. The average VO concentration at the point of waste treatment of each waste stream exiting the process (Ca) during the run must be determined in accordance with the requirements of subdivision d.
(4) The waste volatile organic mass flow entering the process (Eb) and the waste volatile organic mass flow exiting the process (Ea) must be calculated by using the results determined in accordance with paragraph 3 and the following equations:

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where:

Ea = Waste volatile organic mass flow exiting process, kilograms per hour.

Eb = Waste volatile organic mass flow entering process, kilograms per hour

m = Total number of runs (at least three).

j = Individual run "j".

Qb = Mass quantity of hazardous waste entering process during run "j", kilograms per hour.

Qa = Average mass quantity of hazardous waste exiting process during run "j", kilograms per hour.

Ca = Average VO concentration of hazardous waste exiting process during run "j" as determined in accordance with the requirements of subdivision d, parts per million weight.

Cb = Average VO concentration of hazardous waste entering process during 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:

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where:

R = Organic reduction efficiency, percent.

Eb = Waste volatile organic mass flow entering process as determined in accordance with the requirements of paragraph 4, kilograms per hour.

Ea = Waste volatile organic mass flow exiting process as determined in accordance with the requirements of paragraph 4, kilograms per hour.

g. Procedure to determine the organic biodegradation efficiency (Rbio) for a treated hazardous waste.
(1) The fraction of organics biodegraded (Fbio) must be determined using the procedure specified in 40 CFR part 63, appendix C.
(2) The Rbio must be calculated by using the following equation:

Rbio = Fbio x 100%

where:

Rbio = Organic biodegradation efficiency, percent.

Fbio = Fraction of organic biodegraded as determined in accordance with the 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 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.

Vy = Average volumetric flow rate of hazardous waste stream "y" at the point of waste origination, meters3 per hour.

Ky = Density of hazardous waste stream, "y", kilograms per meters3.

Cy = Average VO concentration of hazardous waste stream "y" at the point of 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 (Eb) and the waste volatile organic mass flow exiting the process (Ea) must be determined in accordance with the requirements of of of subdivision f.
(3) The MR must be calculated by using the mass flow rate determined in accordance with the requirements paragraph 2 and the following equation:

MR = Eb - Ea

where:

MR = Actual organic mass removal rate, kilograms per hour.

Eb = Waste volatile organic mass flow entering process as determined in accordance with the requirements of paragraph 4 of subdivision f, kilograms per hour.

Ea = Waste volatile organic mass flow exiting process as determined in accordance with the requirements of paragraph 4 of subdivision f, kilograms per hour.

j. Procedure to determine the actual organic mass biodegradation rate (MRbio) for a treated hazardous waste.
(1) The MRbio must 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 organic mass flow entering the process (Eb) must be determined in accordance with the requirements of paragraph 4 of subdivision f.
(3) The fraction of organic biodegraded (Fbio) must be determined using the procedure specified in 40 CFR part 63, appendix C.
(4) The MRbio must be calculated by using the mass flow rates and fraction of organic biodegraded determined in accordance with the requirements of paragraphs 2 and 3, respectively, and the following equation:

MRbio = Eb x Fbio

where:

Mrbio = Actual organic mass biodegradation rate, kilograms per hour.

Eb = Waste organic mass flow entering process as determined in accordance with the requirements of of paragraph 4 of subdivision f, kilograms per hour.

Fbio = Fraction of organic biodegraded as determined in accordance with the 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 33-24-05-454.
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 33-24-01-05;
(c) Methods obtained from the standard reference texts;
(d) ASTM method 2879-92, as incorporated by reference in section 33-24-01-05; 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 33-24-05-454 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 33-24-05-450 through 33-24-05-474 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, but are not limited to: 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.

N.D. Admin Code 33-24-05-453

Effective July 1, 1997; amended effective 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