Section 33-24-08-01 - Applicability (technical standards and corrective action)1. The requirements of this chapter apply to all owners and operators of an underground storage tank system as defined in section 33-24-08-03, except as otherwise provided in subsections 2, 3, and 4. Any underground storage tank system listed in subsection 3 must meet the requirements of section 33-24-08-02. a. Previously deferred underground storage tank systems. Airport hydrant fuel distribution systems, underground storage tank systems with field-constructed tanks, and underground storage tank systems that store fuel solely for use by emergency power generators must meet the requirements of this chapter as follows:(1) Airport hydrant fuel distribution systems and underground storage tank systems with field-constructed tanks must meet the requirements in sections 33-24-08-70 through 33-24-08-72.(2) Underground storage tank systems that store fuel solely for use by emergency power generators installed on or before April 1, 2018, must meet the sections 33-24-08-30 through 33-24-08-35 requirements on or before April 1, 2021.(3) Underground storage tank systems that store fuel solely for use by emergency power generators installed after April 1, 2018, must meet all applicable requirements of this chapter at installation.2. The following underground storage tank systems are excluded from the requirements of this chapter: a. Any underground storage tank system holding hazardous wastes listed or identified under North Dakota Century Code chapter 20-20.3, or a mixture of such hazardous waste and other regulated substances;b. Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under section 402 or 307(b) of the Clean Water Act;c. Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;d. Any underground storage tank system whose capacity is one hundred ten gallons [416.39 liters] or less;e. Any underground storage tank system that contains a de minimus concentration of regulated substances; orf. Any emergency spill or overflow containment underground storage tank system that is expeditiously emptied after use.3. Partial exclusions. Sections 33-24-08-10 through 33-24-08-43, sections 33-24-08-45 through 33-24-08-48, sections 33-24-08-60 through 33-24-08-64, and sections 33-24-08-70 through 33-24-08-72 do not apply to :a. Wastewater treatment tank systems not covered under subdivision b of subsection 2;b. Aboveground storage tanks associated with: (1) Airport hydrant fuel distribution systems regulated under sections 33-24-08-70 through 33-24-08-73; and(2) Underground storage tank systems with field-constructed tanks regulated under sections 33-24-08-70 through 33-24-08-73;c. Any underground storage tank systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 [ 42 U.S.C. 2011 and following]; andd. Any underground storage tank system that is part of an emergency generator system at nuclear power generation facilities licensed by the nuclear regulatory commission and subject to nuclear regulatory commission requirements regarding design and quality criteria, including 10 CFR part 50.N.D. Admin Code 33-24-08-01
Effective December 1, 1989.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC 23-20.3-04.1