Section 33-24-05-04 - General waste analysis1. Waste analysis requirements. a. Before an owner or operator treats, stores, or disposes of any hazardous wastes, the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum, this analysis must contain all the information which must be known to treat, store, or dispose of the waste in accordance with the requirements of this chapter or a permit issued under chapter 33-24-06.b. The analysis may include data developed under 33-24-02 and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes. (Comment: For example, the facility's records of analyses performed on the waste before the effective date of these rules, or studies conducted on hazardous wastes generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with subdivision a . The owner or operator of an offsite facility may arrange for the generator of the hazardous waste to supply part of the information required by subdivision a , except as otherwise specified in subsections 2 and 3 of section 33-24-05-256. If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this section.) c. The analysis must be repeated as necessary to ensure that it is accurate and up-to-date. At a minimum, the analysis must be repeated:(1) When the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste has changed; and(2) For offsite facilities when the results of the inspection required in subdivision d indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.d. The owner or operator of an offsite facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.2. The owner or operator shall develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with subsection 1. The owner or operator must keep this plan at the facility. At a minimum, the plan must specify:a. The parameters for which each hazardous waste will be analyzed and the rationale for the selection of these parameters, i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with subsection 1.b. The test methods which will be used to test for these parameters.c. The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either: (1) One of the sampling methods described in appendix I of 33-24-02; or(2) An equivalent sampling method.d. The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date.e. For offsite facilities the waste analysis that hazardous waste generators have agreed to supply.f. Where applicable, the methods which will be used to meet the additional waste analysis requirements for specific waste management methods as specified in sections 33-24-05-08, 33-24-05-145, 33-24-05-183, 33-24-05-256, subsection 4 of section 33-24-05-404, subsection 4 of section 33-24-05-433, and section 33-24-05-453.g. For surface impoundments exempted from land disposal restrictions under subsection 1 of section 33-24-05-253, the procedures and schedules for:(1) The sampling of impoundment contents;(2) The analyses of test data; and(3) The annual removal of residues which are not delisted under section 33-24-01-08 or which exhibit a characteristic of hazardous waste and either: (a) Do not meet applicable treatment standards of sections 33-24-05-280 through 33-24-05-289; or(b) Where no treatment standards have been established;[1] Such residues are prohibited from land disposal under section 33-24-05-272 or Resource Conservation and Recovery Act section 3004(b); or[2] Such residues are prohibited from land disposal under subsection 6 of section 33-24-05-273.h. For owners and operators seeking an exemption to the air emission standards of sections 33-24-05-450 through 33-24-05-474 in accordance with section 33-24-05-452: (1) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption.(2) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from offsite, that is used as the basis for knowledge of the waste.3. For offsite facilities, the waste analysis plan required in subsection 2 must also specify the procedures which will be used to inspect and analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe: a. The procedures which will be used to determine the identity of each movement of waste managed at the facility.b. The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.c. The procedures that the owner or operator of an offsite landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.N.D. Admin Code 33-24-05-04
Effective January 1, 1984; amended effective October 1, 1986; December 1, 1988; December 1, 1991; January 1, 1994; July 1, 1997.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