N.D. Admin. Code 33-24-05-280

Current through Supplement No. 393, July, 2024

Section 33-24-05-280 - Applicability of treatment standards

1. A prohibited waste identified in the table "Treatment Standards for Hazardous Wastes" may be land disposed only if it meets the requirements found in the table. For each waste, the table identifies one of three types of treatment standard requirements:

a. All hazardous constituents in the waste or in the treatment residue must be at or below the values found in the table for that waste ("Total Waste Standards");

b. The hazardous constituents in the extract of the waste or in the extract of the treatment residue must be at or below the values found in the table ("Waste Extract Standards"); or

c. The waste must be treated using the technology specified in the table ("Technology Standard"), which are described in detail in section 33-24-05-282, table 1-Technology Codes and Description of Technology-Based Standards.

2. For wastewaters, compliance with concentration level standards is based on maximums for any one day, except for D004 through D011 wastes for which the previously promulgated treatment standards based on grab samples remain in effect. For all nonwastewaters, compliance with concentration level standards is based on grab sampling. For wastes covered by the waste extract standards, the test method 1311, the toxicity characteristic leaching procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", environmental protection agency publication SW-846, as incorporated by reference in section 33-24-01-05, must be used to measure compliance. An exception is made for D004 and D008, for which either of two test methods may be used: method 1311, or method 1310B, the extraction procedure toxicity test. For wastes covered by a technology standard, the wastes may be land disposed after being treated using that specified technology or an equivalent treatment technology approved by the administrator under the procedures set forth in subsection 2 of section 33-24-05-282.

3. When wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue must meet the lowest treatment standard for the constituent of concern.

4. Notwithstanding the prohibitions specified in subsection 1, treatment and disposal facilities may demonstrate (and certify pursuant to subdivision e of subsection 2 of section 33-24-05-256) compliance with the treatment standards for organic constituents specified by a footnote in the table "Treatment Standards for Hazardous Wastes" in this section, provided the following conditions are satisfied:

a. The treatment standards for the organic constituents were established based on incineration in units operated in accordance with the technical requirements of sections 33-24-05-144 through 33-24-05-159, or based on combustion in fuel substitution units operating in accordance with applicable technical requirements;

b. The treatment or disposal facility has used the methods referenced in subdivision a to treat the organic constituents; and

c. The treatment or disposal facility may demonstrate compliance with organic constituents if good-faith analytical efforts achieve detection limits for the regulated organic constituents that do not exceed the treatment standards specified in this section by an order of magnitude.

5. For characteristic wastes (D001 through D043) that are subject to treatment standards in the following table "Treatment Standards for Hazardous Wastes", and are not managed in a wastewater treatment system that is regulated under the Clean Water Act, that is CWA-equivalent, or that is injected into a class I nonhazardous deep injection well, all underlying hazardous constituents (as defined in subsection 10 of section 33-24-05-251) must meet universal treatment standards, found in section 33-24-05-288, table "Universal Treatment Standards", prior to land disposal as defined in subsection 6 of section 33-24-05-251.

6. The treatment standards for F001 through F005 nonwastewater constituents carbon disulfide, cyclohexanone, or methanol apply to wastes which contain only one, two, or three of these constituents. Compliance is measured for these constituents in the waste extract from test method 1311, the toxicity characteristic leaching procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", environmental protection agency publication SW-846, as incorporated by reference in section 33-24-01-05. If the waste contains any of these three constituents along with any of the other twenty-five constituents found in F001 through F005, then compliance with treatment standards for carbon disulfide, cyclohexanone, or methanol are not required.

7. Between August 26, 1996, and March 4, 1999, the treatment standards for the wastes specified in section 33-24-02-17 as hazardous waste numbers K156 through K159 and K161; and in section 33-24-02-18 as hazardous waste numbers P127, P128, P185, P188 through P192, P194, P196 through P199, P201 through P205, U271, U277 through U280, U364 through U367, U372, U373, U375 through U379, U381 through U387, U389 through U396, U400 through U404, U407, and U409 through U411; and soil contaminated with these wastes; may be satisfied by either meeting the constituent concentrations presented in the table "Treatment Standards for Hazardous Waste", or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST in table 1 in section 33-24-05-282, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined by the technology code CMBST in table 1 of section 33-24-05-282, for wastewaters.

8. Prohibited D004 through D011 mixed radioactive wastes and mixed radioactive listed wastes containing metal constituents, that were previously treated by stabilization to the treatment standards in effect at that time and then put into storage, do not have to be retreated to meet treatment standards in this section prior to land disposal.

9. [Reserved]

10. Effective September 4, 1998, the treatment standards for the wastes specified in section 33-24-02-18 as hazardous waste numbers P185, P191, P192, P197, U364, U394, and U395 may be satisfied by either meeting the constituent concentrations presented in the table "Treatment Standards for Hazardous Wastes" in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST in table 1 of section 33-24-05-282, for nonwastewaters; and biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined by the technology code CMBST in table 1 in section 33-24-05-282, for wastewaters.

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N.D. Admin Code 33-24-05-280

Effective December 1, 1988; amended effective December 1, 1991; 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