Section 33.1-24-02-193 - Test methods and procedures1. Each remanufacturer or other person that stores or treats the hazardous secondary material subject to the provisions of sections 33.1-24-02-180 through 33.1-24-02-199 shall comply with the test methods and procedures requirements provided in this section.2. Leak detection monitoring, as required in sections 33.1-24-02-182 through 33.1-24-02-192, must comply with the following requirements: a. Monitoring must comply with Reference Method 21 in 40 CFR part 60.b. The detection instrument must meet the performance criteria of Reference Method 21.c. The instrument must be calibrated before use on each day of its use by the procedures specified in Reference Method 21.d. Calibration gases must be: (1) Zero air (less than ten parts per million of hydrocarbon in air).(2) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, ten thousand parts per million methane or n-hexane.e. The instrument probe must be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.3. When equipment is tested for compliance with no detectable emissions, as required in subsection 5 of section 33.1-24-02-182, subsection 9 of section 33.1-24-02-183, 33.1-24-02-184, and subsection 6 of section 33.1-24-02-187, the test must comply with the following requirements: a. The requirements of subdivisions a through d of subsection 2 must apply.b. The background level must be determined as set forth in Reference Method 21.c. The instrument probe must be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.d. The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with five hundred parts per million for determining compliance.4. A remanufacturer or other person that stores or treats the hazardous secondary material shall determine, for each piece of equipment, whether the equipment contains or contacts a hazardous secondary material with organic concentration that equals or exceeds ten percent by weight using the following: a. Methods described in American society for testing and materials Methods D 2267-88, E 169-87, E 168-88, E 260-85 (as incorporated by reference under section 33.1-24-01-05);b. Method 9060A (as incorporated by reference under section 33.1-24-01-05) of "Test Methods for Evaluating Solid Waste," environmental protection agency publication SW-846, for computing total organic concentration of the sample, or analyzed for its individual organic constituents; orc. Application of the knowledge of the nature of the hazardous secondary material stream or the process by which it was produced. Documentation of a material determination by knowledge is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the material is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to have a total organic content less than ten percent, or prior speciation analysis results on the same material stream where it can also be documented that no process changes have occurred since that analysis that could affect the material total organic concentration.5. If a remanufacturer or other person that stores or treats the hazardous secondary material determines that a piece of equipment contains or contacts a hazardous secondary material with organic concentrations at least ten percent by weight, the determination can be revised only after following the procedures in subdivision a or b of subsection 4.6. When a remanufacturer or other person that stores or treats the hazardous secondary material and the department do not agree on whether a piece of equipment contains or contacts a hazardous secondary material with organic concentrations at least ten percent by weight, the procedures in subdivision a or b of subsection 4 can be used to resolve the dispute.7. Samples used in determining the percent organic content must be representative of the highest total organic content hazardous secondary material that is expected to be contained in or contact the equipment.8. To determine if pumps or valves are in light liquid service, the vapor pressures of constituents may be obtained from standard reference texts or may be determined by American society for testing and materials D-2879-86 (as incorporated by reference under section 33.1-24-01-05).9. Performance tests to determine if a control device achieves ninety-five weight percent organic emission reduction must comply with the procedures of subdivisions a through d of subsection 3 of section 33.1-24-02-174.N.D. Admin Code 33.1-24-02-193
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