Section 33.1-24-02-190 - Standards - Closed-vent systems and control devices1. The remanufacturer or other person that stores or treats the hazardous secondary material in hazardous secondary material management units using closed-vent systems and control devices subject to sections 33.1-24-02-180 through 33.1-24-02-199 shall comply with the provisions of section 33.1-24-02-173.2. For: a. The remanufacturer or other person that stores or treats the hazardous secondary material at an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this subpart on the effective date that the facility becomes subject to the provisions of sections 33.1-24-02-180 through 33.1-24-02-199 shall prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls must be installed as soon as possible, but the implementation schedule may allow up to thirty months after the effective date that the facility becomes subject to sections 33.1-24-02-180 through 33.1-24-02-199 for installation and startup.b. Any unit that begins operation after July 13, 2015, and is subject to the provisions of sections 33.1-24-02-180 through 33.1-24-02-199 when operation begins, must comply with the rules immediately (for example, must have control devices installed and operating on startup of the affected unit); the thirty-month implementation schedule does not apply.c. The remanufacturer or other person that stores or treats the hazardous secondary material at any facility in existence on the effective date of a statutory or regulatory amendment that renders the facility subject to this subpart shall comply with all requirements of sections 33.1-24-02-180 through 33.1-24-02-199 as soon as practicable but no later than thirty months after the amendment's effective date. When control equipment required by sections 33.1-24-02-180 through 33.1-24-02-199 cannot be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes the following information: Specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of onsite installation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of sections 33.1-24-02-180 through 33.1-24-02-199. The remanufacturer or other person that stores or treats the hazardous secondary material shall keep a copy of the implementation schedule at the facility.d. Remanufacturers or other persons that store or treat the hazardous secondary materials at facilities and units that become newly subject to the requirements of sections 33.1-24-02-180 through 33.1-24-02-199 after January 13, 2015, due to an action other than those described in subdivision c must comply with all applicable requirements immediately (for example, must have control devices installed and operating on the date the facility or unit becomes subject to sections 33.1-24-02-180 through 33.1-24-02-199); the thirty-month implementation schedule does not apply.N.D. Admin Code 33.1-24-02-190
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19